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Home My WebLink AboutAgenda Packet_2025-09-16City Council Meeting Packet September 16, 2025 TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION MEETING – 4:00 PM REGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Councilmember – Ward 1 Benjamin Vazquez Mayor Pro Tem Ward 2 Jessie Lopez Councilmember Ward 3 Phil Bacerra Councilmember Ward 4 Johnathan Ryan Hernandez Councilmember Ward 5 David Penaloza Councilmember Ward 6 Mayor and Council telephone: 7146476900 Agenda item inquiries: 7146476520 Sonia R. Carvalho City Attorney Alvaro Nuñez City Manager Jennifer L. Hall City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes. CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: MAILING OPTION written communications – Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, or iv) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange County Superior Court, Case No. 30202401380358CUPACJC B. Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23cv00504DOCKES C. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No. 30202301348523CUWTCJC D. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) Case No. 1923649 (SHL) E. In re National Prescription Opiate Litigation, United States District Court Case No. 1:17md2804 (MDL No. 2804) F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30 202201287702CUOENJC 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: Service Employees International Union, FullTime Employees Unit (SEIUFT) Service Employees International Union, PartTIme NonCivil Service Employees Unit (SEIUPTNCS) 4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lor Schnaider, Executive Director of Human Resources Employee Organizations: Confidential Association of Santa Ana (CASA) Santa Ana Police Management Association (PMA) RECONVENE – City Council will reconvene to continue regular City business. TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2025 as Hunger Action Month 2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2025 as Service Club Organizations Month 3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana Unified School District – Family and Community Engagement Team for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 26 and waive reading of all resolutions and ordinances. 4.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 5.Minutes from the Regular Meeting of August 19, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 6.Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025 and May 22, 2025; the Special Meeting of the Youth Commission on February 6, 2025; the Special Meeting of the Community Development Commission on March 5, 2025; the Joint Special Meeting of the Parks, Recreation, and Community Services and Youth Commission on March 8, 2025; the Regular Meetings of the Youth Commission on March 17, 2025, April 21, 2025, and May 19, 2025; the Regular Meeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of the Arts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; the Special Meeting of the Workforce Development Board Youth Council on April 30, 2025; the Regular Meetings of the Community Development Commission on May 28, 2025 and June 23, 2025; the Regular Meeting of the Environmental and Transporation Advisory Commission on July 8, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025 and July 10, 2025 Department(s): City Clerk’s Office Recommended Action: Receive and file. 7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2 Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes.) 8.Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager’s Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. 9.Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 202501 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A2025XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State GrantsIndirect account (no. 1241800252027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753 Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 1 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes. CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: MAILING OPTION written communications – Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, or iv) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange County Superior Court, Case No. 30202401380358CUPACJC B. Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23cv00504DOCKES C. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No. 30202301348523CUWTCJC D. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) Case No. 1923649 (SHL) E. In re National Prescription Opiate Litigation, United States District Court Case No. 1:17md2804 (MDL No. 2804) F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30 202201287702CUOENJC 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: Service Employees International Union, FullTime Employees Unit (SEIUFT) Service Employees International Union, PartTIme NonCivil Service Employees Unit (SEIUPTNCS) 4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lor Schnaider, Executive Director of Human Resources Employee Organizations: Confidential Association of Santa Ana (CASA) Santa Ana Police Management Association (PMA) RECONVENE – City Council will reconvene to continue regular City business. TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2025 as Hunger Action Month 2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2025 as Service Club Organizations Month 3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana Unified School District – Family and Community Engagement Team for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 26 and waive reading of all resolutions and ordinances. 4.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 5.Minutes from the Regular Meeting of August 19, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 6.Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025 and May 22, 2025; the Special Meeting of the Youth Commission on February 6, 2025; the Special Meeting of the Community Development Commission on March 5, 2025; the Joint Special Meeting of the Parks, Recreation, and Community Services and Youth Commission on March 8, 2025; the Regular Meetings of the Youth Commission on March 17, 2025, April 21, 2025, and May 19, 2025; the Regular Meeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of the Arts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; the Special Meeting of the Workforce Development Board Youth Council on April 30, 2025; the Regular Meetings of the Community Development Commission on May 28, 2025 and June 23, 2025; the Regular Meeting of the Environmental and Transporation Advisory Commission on July 8, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025 and July 10, 2025 Department(s): City Clerk’s Office Recommended Action: Receive and file. 7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2 Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes.) 8.Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager’s Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. 9.Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 202501 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A2025XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State GrantsIndirect account (no. 1241800252027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753 Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 2 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: MAILING OPTION written communications – Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, or iv) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange County Superior Court, Case No. 30202401380358CUPACJC B. Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23cv00504DOCKES C. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No. 30202301348523CUWTCJC D. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) Case No. 1923649 (SHL) E. In re National Prescription Opiate Litigation, United States District Court Case No. 1:17md2804 (MDL No. 2804) F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30 202201287702CUOENJC 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: Service Employees International Union, FullTime Employees Unit (SEIUFT) Service Employees International Union, PartTIme NonCivil Service Employees Unit (SEIUPTNCS) 4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lor Schnaider, Executive Director of Human Resources Employee Organizations: Confidential Association of Santa Ana (CASA) Santa Ana Police Management Association (PMA) RECONVENE – City Council will reconvene to continue regular City business. TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2025 as Hunger Action Month 2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2025 as Service Club Organizations Month 3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana Unified School District – Family and Community Engagement Team for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 26 and waive reading of all resolutions and ordinances. 4.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 5.Minutes from the Regular Meeting of August 19, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 6.Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025 and May 22, 2025; the Special Meeting of the Youth Commission on February 6, 2025; the Special Meeting of the Community Development Commission on March 5, 2025; the Joint Special Meeting of the Parks, Recreation, and Community Services and Youth Commission on March 8, 2025; the Regular Meetings of the Youth Commission on March 17, 2025, April 21, 2025, and May 19, 2025; the Regular Meeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of the Arts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; the Special Meeting of the Workforce Development Board Youth Council on April 30, 2025; the Regular Meetings of the Community Development Commission on May 28, 2025 and June 23, 2025; the Regular Meeting of the Environmental and Transporation Advisory Commission on July 8, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025 and July 10, 2025 Department(s): City Clerk’s Office Recommended Action: Receive and file. 7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2 Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes.) 8.Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager’s Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. 9.Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 202501 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A2025XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State GrantsIndirect account (no. 1241800252027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753 Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 3 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange County Superior Court, Case No. 30202401380358CUPACJC B. Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23cv00504DOCKES C. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No. 30202301348523CUWTCJC D. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) Case No. 1923649 (SHL) E. In re National Prescription Opiate Litigation, United States District Court Case No. 1:17md2804 (MDL No. 2804) F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30 202201287702CUOENJC 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: Service Employees International Union, FullTime Employees Unit (SEIUFT) Service Employees International Union, PartTIme NonCivil Service Employees Unit (SEIUPTNCS) 4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lor Schnaider, Executive Director of Human Resources Employee Organizations: Confidential Association of Santa Ana (CASA) Santa Ana Police Management Association (PMA) RECONVENE – City Council will reconvene to continue regular City business. TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2025 as Hunger Action Month 2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2025 as Service Club Organizations Month 3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana Unified School District – Family and Community Engagement Team for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 26 and waive reading of all resolutions and ordinances. 4.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 5.Minutes from the Regular Meeting of August 19, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 6.Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025 and May 22, 2025; the Special Meeting of the Youth Commission on February 6, 2025; the Special Meeting of the Community Development Commission on March 5, 2025; the Joint Special Meeting of the Parks, Recreation, and Community Services and Youth Commission on March 8, 2025; the Regular Meetings of the Youth Commission on March 17, 2025, April 21, 2025, and May 19, 2025; the Regular Meeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of the Arts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; the Special Meeting of the Workforce Development Board Youth Council on April 30, 2025; the Regular Meetings of the Community Development Commission on May 28, 2025 and June 23, 2025; the Regular Meeting of the Environmental and Transporation Advisory Commission on July 8, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025 and July 10, 2025 Department(s): City Clerk’s Office Recommended Action: Receive and file. 7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2 Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes.) 8.Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager’s Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. 9.Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 202501 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A2025XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State GrantsIndirect account (no. 1241800252027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753 Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 4 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange County Superior Court, Case No. 30202401380358CUPACJC B. Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23cv00504DOCKES C. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No. 30202301348523CUWTCJC D. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) Case No. 1923649 (SHL) E. In re National Prescription Opiate Litigation, United States District Court Case No. 1:17md2804 (MDL No. 2804) F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30 202201287702CUOENJC 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: Service Employees International Union, FullTime Employees Unit (SEIUFT) Service Employees International Union, PartTIme NonCivil Service Employees Unit (SEIUPTNCS) 4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lor Schnaider, Executive Director of Human Resources Employee Organizations: Confidential Association of Santa Ana (CASA) Santa Ana Police Management Association (PMA) RECONVENE – City Council will reconvene to continue regular City business. TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2025 as Hunger Action Month 2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2025 as Service Club Organizations Month 3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana Unified School District – Family and Community Engagement Team for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 26 and waive reading of all resolutions and ordinances. 4.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 5.Minutes from the Regular Meeting of August 19, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 6.Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025 and May 22, 2025; the Special Meeting of the Youth Commission on February 6, 2025; the Special Meeting of the Community Development Commission on March 5, 2025; the Joint Special Meeting of the Parks, Recreation, and Community Services and Youth Commission on March 8, 2025; the Regular Meetings of the Youth Commission on March 17, 2025, April 21, 2025, and May 19, 2025; the Regular Meeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of the Arts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; the Special Meeting of the Workforce Development Board Youth Council on April 30, 2025; the Regular Meetings of the Community Development Commission on May 28, 2025 and June 23, 2025; the Regular Meeting of the Environmental and Transporation Advisory Commission on July 8, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025 and July 10, 2025 Department(s): City Clerk’s Office Recommended Action: Receive and file. 7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2 Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes.) 8.Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager’s Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. 9.Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 202501 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A2025XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State GrantsIndirect account (no. 1241800252027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753 Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 5 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No. 30202301348523CUWTCJC D. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) Case No. 1923649 (SHL) E. In re National Prescription Opiate Litigation, United States District Court Case No. 1:17md2804 (MDL No. 2804) F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30 202201287702CUOENJC 2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: Service Employees International Union, FullTime Employees Unit (SEIUFT) Service Employees International Union, PartTIme NonCivil Service Employees Unit (SEIUPTNCS) 4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lor Schnaider, Executive Director of Human Resources Employee Organizations: Confidential Association of Santa Ana (CASA) Santa Ana Police Management Association (PMA) RECONVENE – City Council will reconvene to continue regular City business. TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2025 as Hunger Action Month 2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2025 as Service Club Organizations Month 3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana Unified School District – Family and Community Engagement Team for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 26 and waive reading of all resolutions and ordinances. 4.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 5.Minutes from the Regular Meeting of August 19, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 6.Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025 and May 22, 2025; the Special Meeting of the Youth Commission on February 6, 2025; the Special Meeting of the Community Development Commission on March 5, 2025; the Joint Special Meeting of the Parks, Recreation, and Community Services and Youth Commission on March 8, 2025; the Regular Meetings of the Youth Commission on March 17, 2025, April 21, 2025, and May 19, 2025; the Regular Meeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of the Arts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; the Special Meeting of the Workforce Development Board Youth Council on April 30, 2025; the Regular Meetings of the Community Development Commission on May 28, 2025 and June 23, 2025; the Regular Meeting of the Environmental and Transporation Advisory Commission on July 8, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025 and July 10, 2025 Department(s): City Clerk’s Office Recommended Action: Receive and file. 7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2 Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes.) 8.Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager’s Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. 9.Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 202501 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A2025XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State GrantsIndirect account (no. 1241800252027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753 Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 6 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA) RECONVENE – City Council will reconvene to continue regular City business. TELECONFERENCE INFORMATION : Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2025 as Hunger Action Month 2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2025 as Service Club Organizations Month 3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana Unified School District – Family and Community Engagement Team for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 26 and waive reading of all resolutions and ordinances. 4.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 5.Minutes from the Regular Meeting of August 19, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 6.Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025 and May 22, 2025; the Special Meeting of the Youth Commission on February 6, 2025; the Special Meeting of the Community Development Commission on March 5, 2025; the Joint Special Meeting of the Parks, Recreation, and Community Services and Youth Commission on March 8, 2025; the Regular Meetings of the Youth Commission on March 17, 2025, April 21, 2025, and May 19, 2025; the Regular Meeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of the Arts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; the Special Meeting of the Workforce Development Board Youth Council on April 30, 2025; the Regular Meetings of the Community Development Commission on May 28, 2025 and June 23, 2025; the Regular Meeting of the Environmental and Transporation Advisory Commission on July 8, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025 and July 10, 2025 Department(s): City Clerk’s Office Recommended Action: Receive and file. 7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2 Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes.) 8.Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager’s Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. 9.Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 202501 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A2025XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State GrantsIndirect account (no. 1241800252027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753 Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 7 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 26 and waive reading of all resolutions and ordinances. 4.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 5.Minutes from the Regular Meeting of August 19, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 6.Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025 and May 22, 2025; the Special Meeting of the Youth Commission on February 6, 2025; the Special Meeting of the Community Development Commission on March 5, 2025; the Joint Special Meeting of the Parks, Recreation, and Community Services and Youth Commission on March 8, 2025; the Regular Meetings of the Youth Commission on March 17, 2025, April 21, 2025, and May 19, 2025; the Regular Meeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of the Arts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; the Special Meeting of the Workforce Development Board Youth Council on April 30, 2025; the Regular Meetings of the Community Development Commission on May 28, 2025 and June 23, 2025; the Regular Meeting of the Environmental and Transporation Advisory Commission on July 8, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025 and July 10, 2025 Department(s): City Clerk’s Office Recommended Action: Receive and file. 7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2 Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes.) 8.Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager’s Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. 9.Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 202501 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A2025XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State GrantsIndirect account (no. 1241800252027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753 Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 8 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes.) 8.Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager’s Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. 9.Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 202501 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A2025XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State GrantsIndirect account (no. 1241800252027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753 Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 9 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Ruben Reyes to the Measure X Citizen OversightCommittee as the Ward 2 representative and administer the Oath of Office. (Pursuantto SAMC Sec. 2326(a), requires five affirmative votes.)8.Informational Report for the California Department of Social Services Child Care GrantDepartment(s): City Manager’s OfficeRecommended Action: Receive and file informational report for the CaliforniaDepartment of Social Services (CDSS) child care grant.9.Approve the Naming of Park Located at the Southwest Corner of the Intersection ofBristol and Tolliver Streets (712 S. Bristol Street)Department(s): Planning and Building Agency, Parks, Recreation, and CommunityServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities No. 202501 naming the park located at the southwestcorner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”10.Washington Square Park Feasibility StudyDepartment(s): Public Works AgencyRecommended Action: Receive and file the Washington Square Park FeasibilityStudy.11.Agreement with Coast Community College District for the Strong Workforce Program(SWP) Transforming Intermediary Partnerships for Student Success (NonGeneralFund)Department(s): Community Development AgencyRecommended Action: 1. Approve an agreement with Coast Community CollegeDistrict to implement the Strong Workforce Program (SWP) TransformingIntermediary Partnerships for Student Success Project, in an amount not to exceed$50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30,2026 (Agreement No. A2025XXX).2. Approve an appropriation adjustment to recognize $50,000 in funds from OrangeCounty Grant Revenue State GrantsIndirect account (no. 1241800252027) andappropriating the same amount to OCCC Grant expenditure account (No. 12418753Various) (Requires five affirmative votes).12.Historic Property Preservation Agreements for the Properties Located at 305 E.Washington Avenue and 1617 E. Fourth StreetDepartment(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 202529 and 202550 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 202502 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva CasasSarmiento, Husband and Wife as Joint Tenants 202505 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first oneyear renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX). 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a threeyear term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “passthrough” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 10 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Ruben Reyes to the Measure X Citizen OversightCommittee as the Ward 2 representative and administer the Oath of Office. (Pursuantto SAMC Sec. 2326(a), requires five affirmative votes.)8.Informational Report for the California Department of Social Services Child Care GrantDepartment(s): City Manager’s OfficeRecommended Action: Receive and file informational report for the CaliforniaDepartment of Social Services (CDSS) child care grant.9.Approve the Naming of Park Located at the Southwest Corner of the Intersection ofBristol and Tolliver Streets (712 S. Bristol Street)Department(s): Planning and Building Agency, Parks, Recreation, and CommunityServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities No. 202501 naming the park located at the southwestcorner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”10.Washington Square Park Feasibility StudyDepartment(s): Public Works AgencyRecommended Action: Receive and file the Washington Square Park FeasibilityStudy.11.Agreement with Coast Community College District for the Strong Workforce Program(SWP) Transforming Intermediary Partnerships for Student Success (NonGeneralFund)Department(s): Community Development AgencyRecommended Action: 1. Approve an agreement with Coast Community CollegeDistrict to implement the Strong Workforce Program (SWP) TransformingIntermediary Partnerships for Student Success Project, in an amount not to exceed$50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30,2026 (Agreement No. A2025XXX).2. Approve an appropriation adjustment to recognize $50,000 in funds from OrangeCounty Grant Revenue State GrantsIndirect account (no. 1241800252027) andappropriating the same amount to OCCC Grant expenditure account (No. 12418753Various) (Requires five affirmative votes).12.Historic Property Preservation Agreements for the Properties Located at 305 E.Washington Avenue and 1617 E. Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager or designee to execute theattached Mills Act agreements with the belowreferenced property owners for theidentified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includesdetermination that the proposed projects are exempt from further review inaccordance with the California Environmental Quality Act as CategoricalExemption(s)/Environmental Review No. 202529 and 202550 will be filed for theproject.]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)Property Owner(s)HistoricPropertyPreservationAgreement No.Address/House Vote by HRCDaniel Phan Nguyen,Trustee to The 305 E.Washington Ave GrantorTrust 202502 305 E.WashingtonAvenue 5:0:0:2 (CommissionersRincon and Padillaabsent)Vincent F. Sarmiento andEva CasasSarmiento,Husband and Wife as JointTenants 202505 1617 E. FourthStreet 4:0:1:2 (CommissionersRincon and Padillaabsent andCommissionerEscamilla abstaining)13.First Amendment to Agreement with California Forensic Medical Group, Inc. andWellpath (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with California Forensic Medical Group, Inc. and Wellpath tocontinue to provide heath care services to inmates and detainees housed at theSanta Ana Jail and exercise the first oneyear renewal option to extend the termthrough September 30, 2026 in an annual amount of $3,523,310 and an additional$250,000 for emergency services as necessary and at the City’s sole discretion, for atotal aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX).14.Agreement with Aramark Correctional Services, LLC for Inmate Food andCommissary Services (Specification No. 25038) (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAramark Correctional Services, LLC to provide inmate food and commissaryservices in an amount not to exceed $5,070,842 for a threeyear term beginningOctober 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1)year renewal options, and authorize use of a “passthrough” account enablingpayments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A2025XXX). 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A2025XXX): · Standard Enterprises, Inc., dba To’ N’ Mo’; · B&D Towing, Inc.; and · MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 256705) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two oneyear extensions (Agreement No. A 2025XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for inkind staff support. 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A2025 XXX). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 11 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Ruben Reyes to the Measure X Citizen OversightCommittee as the Ward 2 representative and administer the Oath of Office. (Pursuantto SAMC Sec. 2326(a), requires five affirmative votes.)8.Informational Report for the California Department of Social Services Child Care GrantDepartment(s): City Manager’s OfficeRecommended Action: Receive and file informational report for the CaliforniaDepartment of Social Services (CDSS) child care grant.9.Approve the Naming of Park Located at the Southwest Corner of the Intersection ofBristol and Tolliver Streets (712 S. Bristol Street)Department(s): Planning and Building Agency, Parks, Recreation, and CommunityServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities No. 202501 naming the park located at the southwestcorner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”10.Washington Square Park Feasibility StudyDepartment(s): Public Works AgencyRecommended Action: Receive and file the Washington Square Park FeasibilityStudy.11.Agreement with Coast Community College District for the Strong Workforce Program(SWP) Transforming Intermediary Partnerships for Student Success (NonGeneralFund)Department(s): Community Development AgencyRecommended Action: 1. Approve an agreement with Coast Community CollegeDistrict to implement the Strong Workforce Program (SWP) TransformingIntermediary Partnerships for Student Success Project, in an amount not to exceed$50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30,2026 (Agreement No. A2025XXX).2. Approve an appropriation adjustment to recognize $50,000 in funds from OrangeCounty Grant Revenue State GrantsIndirect account (no. 1241800252027) andappropriating the same amount to OCCC Grant expenditure account (No. 12418753Various) (Requires five affirmative votes).12.Historic Property Preservation Agreements for the Properties Located at 305 E.Washington Avenue and 1617 E. Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager or designee to execute theattached Mills Act agreements with the belowreferenced property owners for theidentified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includesdetermination that the proposed projects are exempt from further review inaccordance with the California Environmental Quality Act as CategoricalExemption(s)/Environmental Review No. 202529 and 202550 will be filed for theproject.]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)Property Owner(s)HistoricPropertyPreservationAgreement No.Address/House Vote by HRCDaniel Phan Nguyen,Trustee to The 305 E.Washington Ave GrantorTrust 202502 305 E.WashingtonAvenue 5:0:0:2 (CommissionersRincon and Padillaabsent)Vincent F. Sarmiento andEva CasasSarmiento,Husband and Wife as JointTenants 202505 1617 E. FourthStreet 4:0:1:2 (CommissionersRincon and Padillaabsent andCommissionerEscamilla abstaining)13.First Amendment to Agreement with California Forensic Medical Group, Inc. andWellpath (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with California Forensic Medical Group, Inc. and Wellpath tocontinue to provide heath care services to inmates and detainees housed at theSanta Ana Jail and exercise the first oneyear renewal option to extend the termthrough September 30, 2026 in an annual amount of $3,523,310 and an additional$250,000 for emergency services as necessary and at the City’s sole discretion, for atotal aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX).14.Agreement with Aramark Correctional Services, LLC for Inmate Food andCommissary Services (Specification No. 25038) (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAramark Correctional Services, LLC to provide inmate food and commissaryservices in an amount not to exceed $5,070,842 for a threeyear term beginningOctober 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1)year renewal options, and authorize use of a “passthrough” account enablingpayments to Aramark Correctional Services, LLC from the incarcerated person trustaccount for commissary purchases with no fiscal impact to City funds (Agreement No.A2025XXX).15.Third Amendments for Rotational Towing and Storage Services for the PoliceDepartmentDepartment(s): Police DepartmentRecommended Action:Authorize the City Manager to execute the third amendment to the agreements withthe following rotational towing service contractors and amend the scope of services toallow for the option and ability to store and release vehicles and/or contents in an areaclose to, but outside of, the corporate City limits (Agreement Nos. A2025XXX):· Standard Enterprises, Inc., dba To’ N’ Mo’;· B&D Towing, Inc.; and· MetroPro Road Services, Inc.16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard,Glassell Street, Grand Avenue Corridor Regional Traffic Signal SynchronizationProject (No. 256705) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withArcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, GrandAvenue Corridor Regional Traffic Signal Synchronization Project for an amount not toexceed $5,680,658, for a term beginning September 16, 2025 and endingSeptember 15, 2028, with provisions for two oneyear extensions (Agreement No. A2025XXX).2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658,which includes $5,680,658 for the design and build contract and $30,000 for inkindstaff support.17.Agreement with ProCore Technologies, Inc. for Construction Project ManagementSoftware (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withProCore Technologies, Inc., for the licensing of ProCore Technologies ProjectManagement Pro software in an amount not to exceed $444,607, for a term beginningSeptember 17, 2025 and expiring September 16, 2028 (Agreement No. A2025XXX).18.Agreement with the Municipal Water District of Orange County for Shared Programsand Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a threeyear period with provisions for two oneyear extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A2025XXX). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25036) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single oneyear extension (Agreement No. A2025XXX). 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (0221300257081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (0221320066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenue account and appropriate the same amount into the Acquisition & Development District 3 (3131326066200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 12 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Ruben Reyes to the Measure X Citizen OversightCommittee as the Ward 2 representative and administer the Oath of Office. (Pursuantto SAMC Sec. 2326(a), requires five affirmative votes.)8.Informational Report for the California Department of Social Services Child Care GrantDepartment(s): City Manager’s OfficeRecommended Action: Receive and file informational report for the CaliforniaDepartment of Social Services (CDSS) child care grant.9.Approve the Naming of Park Located at the Southwest Corner of the Intersection ofBristol and Tolliver Streets (712 S. Bristol Street)Department(s): Planning and Building Agency, Parks, Recreation, and CommunityServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities No. 202501 naming the park located at the southwestcorner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”10.Washington Square Park Feasibility StudyDepartment(s): Public Works AgencyRecommended Action: Receive and file the Washington Square Park FeasibilityStudy.11.Agreement with Coast Community College District for the Strong Workforce Program(SWP) Transforming Intermediary Partnerships for Student Success (NonGeneralFund)Department(s): Community Development AgencyRecommended Action: 1. Approve an agreement with Coast Community CollegeDistrict to implement the Strong Workforce Program (SWP) TransformingIntermediary Partnerships for Student Success Project, in an amount not to exceed$50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30,2026 (Agreement No. A2025XXX).2. Approve an appropriation adjustment to recognize $50,000 in funds from OrangeCounty Grant Revenue State GrantsIndirect account (no. 1241800252027) andappropriating the same amount to OCCC Grant expenditure account (No. 12418753Various) (Requires five affirmative votes).12.Historic Property Preservation Agreements for the Properties Located at 305 E.Washington Avenue and 1617 E. Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager or designee to execute theattached Mills Act agreements with the belowreferenced property owners for theidentified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includesdetermination that the proposed projects are exempt from further review inaccordance with the California Environmental Quality Act as CategoricalExemption(s)/Environmental Review No. 202529 and 202550 will be filed for theproject.]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)Property Owner(s)HistoricPropertyPreservationAgreement No.Address/House Vote by HRCDaniel Phan Nguyen,Trustee to The 305 E.Washington Ave GrantorTrust 202502 305 E.WashingtonAvenue 5:0:0:2 (CommissionersRincon and Padillaabsent)Vincent F. Sarmiento andEva CasasSarmiento,Husband and Wife as JointTenants 202505 1617 E. FourthStreet 4:0:1:2 (CommissionersRincon and Padillaabsent andCommissionerEscamilla abstaining)13.First Amendment to Agreement with California Forensic Medical Group, Inc. andWellpath (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with California Forensic Medical Group, Inc. and Wellpath tocontinue to provide heath care services to inmates and detainees housed at theSanta Ana Jail and exercise the first oneyear renewal option to extend the termthrough September 30, 2026 in an annual amount of $3,523,310 and an additional$250,000 for emergency services as necessary and at the City’s sole discretion, for atotal aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX).14.Agreement with Aramark Correctional Services, LLC for Inmate Food andCommissary Services (Specification No. 25038) (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAramark Correctional Services, LLC to provide inmate food and commissaryservices in an amount not to exceed $5,070,842 for a threeyear term beginningOctober 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1)year renewal options, and authorize use of a “passthrough” account enablingpayments to Aramark Correctional Services, LLC from the incarcerated person trustaccount for commissary purchases with no fiscal impact to City funds (Agreement No.A2025XXX).15.Third Amendments for Rotational Towing and Storage Services for the PoliceDepartmentDepartment(s): Police DepartmentRecommended Action:Authorize the City Manager to execute the third amendment to the agreements withthe following rotational towing service contractors and amend the scope of services toallow for the option and ability to store and release vehicles and/or contents in an areaclose to, but outside of, the corporate City limits (Agreement Nos. A2025XXX):· Standard Enterprises, Inc., dba To’ N’ Mo’;· B&D Towing, Inc.; and· MetroPro Road Services, Inc.16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard,Glassell Street, Grand Avenue Corridor Regional Traffic Signal SynchronizationProject (No. 256705) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withArcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, GrandAvenue Corridor Regional Traffic Signal Synchronization Project for an amount not toexceed $5,680,658, for a term beginning September 16, 2025 and endingSeptember 15, 2028, with provisions for two oneyear extensions (Agreement No. A2025XXX).2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658,which includes $5,680,658 for the design and build contract and $30,000 for inkindstaff support.17.Agreement with ProCore Technologies, Inc. for Construction Project ManagementSoftware (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withProCore Technologies, Inc., for the licensing of ProCore Technologies ProjectManagement Pro software in an amount not to exceed $444,607, for a term beginningSeptember 17, 2025 and expiring September 16, 2028 (Agreement No. A2025XXX).18.Agreement with the Municipal Water District of Orange County for Shared Programsand Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute the MasterAgreement for Shared Programs and Services with the Municipal Water District ofOrange County, for a threeyear period with provisions for two oneyear extensionsbeginning upon approval by the Municipal Water District of Orange County andexpiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000(Agreement No. A2025XXX).19.Agreement with EEC Environmental for Waste Discharge Requirement ComplianceServices (Specification No. 25036) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withEEC Environmental to provide Waste Discharge Requirement compliance services,in an amount not to exceed $1,800,000, for a term beginning September 16, 2025and expiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).20.Agreement with Pacific International Electric Company Inc., dba Pacific IndustrialElectric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075)(General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withPacific Industrial Electric to provide electrical improvements at the Corporate Yard inan amount not to exceed $796,707, for a term beginning September 16, 2025 andexpiring September 15, 2026, with the option for a single oneyear extension(Agreement No. A2025XXX).21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo EducationHub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees &Donations (0221300257081) revenue account and appropriate the same amountinto the PRCSA Fees & Donations (0221320066200) building expenditure accountfor the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires fiveaffirmative votes)2. Approve an appropriation adjustment recognizing $750,000 in revenue collected inprior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenueaccount and appropriate the same amount into the Acquisition & DevelopmentDistrict 3 (3131326066200) building expenditure account for the Santa Ana ZooEducation Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 20252026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 232601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one year extensions (Agreement No. A2025XXX). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202562 will be filed for Project No. 232601. 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Core Agreement No. A2025XXX). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 13 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Ruben Reyes to the Measure X Citizen OversightCommittee as the Ward 2 representative and administer the Oath of Office. (Pursuantto SAMC Sec. 2326(a), requires five affirmative votes.)8.Informational Report for the California Department of Social Services Child Care GrantDepartment(s): City Manager’s OfficeRecommended Action: Receive and file informational report for the CaliforniaDepartment of Social Services (CDSS) child care grant.9.Approve the Naming of Park Located at the Southwest Corner of the Intersection ofBristol and Tolliver Streets (712 S. Bristol Street)Department(s): Planning and Building Agency, Parks, Recreation, and CommunityServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities No. 202501 naming the park located at the southwestcorner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”10.Washington Square Park Feasibility StudyDepartment(s): Public Works AgencyRecommended Action: Receive and file the Washington Square Park FeasibilityStudy.11.Agreement with Coast Community College District for the Strong Workforce Program(SWP) Transforming Intermediary Partnerships for Student Success (NonGeneralFund)Department(s): Community Development AgencyRecommended Action: 1. Approve an agreement with Coast Community CollegeDistrict to implement the Strong Workforce Program (SWP) TransformingIntermediary Partnerships for Student Success Project, in an amount not to exceed$50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30,2026 (Agreement No. A2025XXX).2. Approve an appropriation adjustment to recognize $50,000 in funds from OrangeCounty Grant Revenue State GrantsIndirect account (no. 1241800252027) andappropriating the same amount to OCCC Grant expenditure account (No. 12418753Various) (Requires five affirmative votes).12.Historic Property Preservation Agreements for the Properties Located at 305 E.Washington Avenue and 1617 E. Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager or designee to execute theattached Mills Act agreements with the belowreferenced property owners for theidentified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includesdetermination that the proposed projects are exempt from further review inaccordance with the California Environmental Quality Act as CategoricalExemption(s)/Environmental Review No. 202529 and 202550 will be filed for theproject.]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)Property Owner(s)HistoricPropertyPreservationAgreement No.Address/House Vote by HRCDaniel Phan Nguyen,Trustee to The 305 E.Washington Ave GrantorTrust 202502 305 E.WashingtonAvenue 5:0:0:2 (CommissionersRincon and Padillaabsent)Vincent F. Sarmiento andEva CasasSarmiento,Husband and Wife as JointTenants 202505 1617 E. FourthStreet 4:0:1:2 (CommissionersRincon and Padillaabsent andCommissionerEscamilla abstaining)13.First Amendment to Agreement with California Forensic Medical Group, Inc. andWellpath (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with California Forensic Medical Group, Inc. and Wellpath tocontinue to provide heath care services to inmates and detainees housed at theSanta Ana Jail and exercise the first oneyear renewal option to extend the termthrough September 30, 2026 in an annual amount of $3,523,310 and an additional$250,000 for emergency services as necessary and at the City’s sole discretion, for atotal aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX).14.Agreement with Aramark Correctional Services, LLC for Inmate Food andCommissary Services (Specification No. 25038) (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAramark Correctional Services, LLC to provide inmate food and commissaryservices in an amount not to exceed $5,070,842 for a threeyear term beginningOctober 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1)year renewal options, and authorize use of a “passthrough” account enablingpayments to Aramark Correctional Services, LLC from the incarcerated person trustaccount for commissary purchases with no fiscal impact to City funds (Agreement No.A2025XXX).15.Third Amendments for Rotational Towing and Storage Services for the PoliceDepartmentDepartment(s): Police DepartmentRecommended Action:Authorize the City Manager to execute the third amendment to the agreements withthe following rotational towing service contractors and amend the scope of services toallow for the option and ability to store and release vehicles and/or contents in an areaclose to, but outside of, the corporate City limits (Agreement Nos. A2025XXX):· Standard Enterprises, Inc., dba To’ N’ Mo’;· B&D Towing, Inc.; and· MetroPro Road Services, Inc.16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard,Glassell Street, Grand Avenue Corridor Regional Traffic Signal SynchronizationProject (No. 256705) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withArcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, GrandAvenue Corridor Regional Traffic Signal Synchronization Project for an amount not toexceed $5,680,658, for a term beginning September 16, 2025 and endingSeptember 15, 2028, with provisions for two oneyear extensions (Agreement No. A2025XXX).2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658,which includes $5,680,658 for the design and build contract and $30,000 for inkindstaff support.17.Agreement with ProCore Technologies, Inc. for Construction Project ManagementSoftware (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withProCore Technologies, Inc., for the licensing of ProCore Technologies ProjectManagement Pro software in an amount not to exceed $444,607, for a term beginningSeptember 17, 2025 and expiring September 16, 2028 (Agreement No. A2025XXX).18.Agreement with the Municipal Water District of Orange County for Shared Programsand Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute the MasterAgreement for Shared Programs and Services with the Municipal Water District ofOrange County, for a threeyear period with provisions for two oneyear extensionsbeginning upon approval by the Municipal Water District of Orange County andexpiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000(Agreement No. A2025XXX).19.Agreement with EEC Environmental for Waste Discharge Requirement ComplianceServices (Specification No. 25036) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withEEC Environmental to provide Waste Discharge Requirement compliance services,in an amount not to exceed $1,800,000, for a term beginning September 16, 2025and expiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).20.Agreement with Pacific International Electric Company Inc., dba Pacific IndustrialElectric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075)(General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withPacific Industrial Electric to provide electrical improvements at the Corporate Yard inan amount not to exceed $796,707, for a term beginning September 16, 2025 andexpiring September 15, 2026, with the option for a single oneyear extension(Agreement No. A2025XXX).21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo EducationHub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees &Donations (0221300257081) revenue account and appropriate the same amountinto the PRCSA Fees & Donations (0221320066200) building expenditure accountfor the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires fiveaffirmative votes)2. Approve an appropriation adjustment recognizing $750,000 in revenue collected inprior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenueaccount and appropriate the same amount into the Acquisition & DevelopmentDistrict 3 (3131326066200) building expenditure account for the Santa Ana ZooEducation Hub Building A – Phase 1. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 20252026 Capital ImprovementProgram to include an additional $916,000 in construction funds for the Santa AnaZoo Education Hub Building A – Phase 1 Project (No. 232601).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$4,454,082, which includes $3,563,265 for the construction contract, $534,490 forcontract administration, inspection, and testing, and $356,327 for unanticipated orunforeseen work.5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder,in accordance with the base bid in the amount of $3,563,265, subject to changeorders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1Project (No. 232601), for a term beginning September 16, 2025 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Approve an Agreement with Berg & Associates, Inc., for Construction Managementand Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1Project, in an amount not to exceed $374,315 for a threeyear term beginningSeptember 16, 2025 and expiring September 15, 2028, with an option for two, oneyear extensions (Agreement No. A2025XXX).7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202562 will be filed for Project No. 232601.22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA EnterpriseAutomation for Programmable Logic Controller Programming and ConsultingServices (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute agreements with ICSOnline, KDC Systems, and Enterprise Automation to provide Programmable LogicControl programming and consulting services for a total aggregate amount not toexceed $2,500,000, for a threeyear term beginning September 16, 2025 andexpiring September 15, 2028, with provisions for two, oneyear extensions (CoreAgreement No. A2025XXX).23.Agreement with iWater, Inc. for Water System Mapping and Software Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withiWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a threeyear term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, oneyear extensions (Agreement No. A2025XXX). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 03217002 52332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreet Construction expenditure account (No. 0321766366220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26 6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 246604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 14 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Ruben Reyes to the Measure X Citizen OversightCommittee as the Ward 2 representative and administer the Oath of Office. (Pursuantto SAMC Sec. 2326(a), requires five affirmative votes.)8.Informational Report for the California Department of Social Services Child Care GrantDepartment(s): City Manager’s OfficeRecommended Action: Receive and file informational report for the CaliforniaDepartment of Social Services (CDSS) child care grant.9.Approve the Naming of Park Located at the Southwest Corner of the Intersection ofBristol and Tolliver Streets (712 S. Bristol Street)Department(s): Planning and Building Agency, Parks, Recreation, and CommunityServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities No. 202501 naming the park located at the southwestcorner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”10.Washington Square Park Feasibility StudyDepartment(s): Public Works AgencyRecommended Action: Receive and file the Washington Square Park FeasibilityStudy.11.Agreement with Coast Community College District for the Strong Workforce Program(SWP) Transforming Intermediary Partnerships for Student Success (NonGeneralFund)Department(s): Community Development AgencyRecommended Action: 1. Approve an agreement with Coast Community CollegeDistrict to implement the Strong Workforce Program (SWP) TransformingIntermediary Partnerships for Student Success Project, in an amount not to exceed$50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30,2026 (Agreement No. A2025XXX).2. Approve an appropriation adjustment to recognize $50,000 in funds from OrangeCounty Grant Revenue State GrantsIndirect account (no. 1241800252027) andappropriating the same amount to OCCC Grant expenditure account (No. 12418753Various) (Requires five affirmative votes).12.Historic Property Preservation Agreements for the Properties Located at 305 E.Washington Avenue and 1617 E. Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager or designee to execute theattached Mills Act agreements with the belowreferenced property owners for theidentified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includesdetermination that the proposed projects are exempt from further review inaccordance with the California Environmental Quality Act as CategoricalExemption(s)/Environmental Review No. 202529 and 202550 will be filed for theproject.]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)Property Owner(s)HistoricPropertyPreservationAgreement No.Address/House Vote by HRCDaniel Phan Nguyen,Trustee to The 305 E.Washington Ave GrantorTrust 202502 305 E.WashingtonAvenue 5:0:0:2 (CommissionersRincon and Padillaabsent)Vincent F. Sarmiento andEva CasasSarmiento,Husband and Wife as JointTenants 202505 1617 E. FourthStreet 4:0:1:2 (CommissionersRincon and Padillaabsent andCommissionerEscamilla abstaining)13.First Amendment to Agreement with California Forensic Medical Group, Inc. andWellpath (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with California Forensic Medical Group, Inc. and Wellpath tocontinue to provide heath care services to inmates and detainees housed at theSanta Ana Jail and exercise the first oneyear renewal option to extend the termthrough September 30, 2026 in an annual amount of $3,523,310 and an additional$250,000 for emergency services as necessary and at the City’s sole discretion, for atotal aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX).14.Agreement with Aramark Correctional Services, LLC for Inmate Food andCommissary Services (Specification No. 25038) (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAramark Correctional Services, LLC to provide inmate food and commissaryservices in an amount not to exceed $5,070,842 for a threeyear term beginningOctober 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1)year renewal options, and authorize use of a “passthrough” account enablingpayments to Aramark Correctional Services, LLC from the incarcerated person trustaccount for commissary purchases with no fiscal impact to City funds (Agreement No.A2025XXX).15.Third Amendments for Rotational Towing and Storage Services for the PoliceDepartmentDepartment(s): Police DepartmentRecommended Action:Authorize the City Manager to execute the third amendment to the agreements withthe following rotational towing service contractors and amend the scope of services toallow for the option and ability to store and release vehicles and/or contents in an areaclose to, but outside of, the corporate City limits (Agreement Nos. A2025XXX):· Standard Enterprises, Inc., dba To’ N’ Mo’;· B&D Towing, Inc.; and· MetroPro Road Services, Inc.16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard,Glassell Street, Grand Avenue Corridor Regional Traffic Signal SynchronizationProject (No. 256705) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withArcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, GrandAvenue Corridor Regional Traffic Signal Synchronization Project for an amount not toexceed $5,680,658, for a term beginning September 16, 2025 and endingSeptember 15, 2028, with provisions for two oneyear extensions (Agreement No. A2025XXX).2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658,which includes $5,680,658 for the design and build contract and $30,000 for inkindstaff support.17.Agreement with ProCore Technologies, Inc. for Construction Project ManagementSoftware (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withProCore Technologies, Inc., for the licensing of ProCore Technologies ProjectManagement Pro software in an amount not to exceed $444,607, for a term beginningSeptember 17, 2025 and expiring September 16, 2028 (Agreement No. A2025XXX).18.Agreement with the Municipal Water District of Orange County for Shared Programsand Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute the MasterAgreement for Shared Programs and Services with the Municipal Water District ofOrange County, for a threeyear period with provisions for two oneyear extensionsbeginning upon approval by the Municipal Water District of Orange County andexpiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000(Agreement No. A2025XXX).19.Agreement with EEC Environmental for Waste Discharge Requirement ComplianceServices (Specification No. 25036) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withEEC Environmental to provide Waste Discharge Requirement compliance services,in an amount not to exceed $1,800,000, for a term beginning September 16, 2025and expiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).20.Agreement with Pacific International Electric Company Inc., dba Pacific IndustrialElectric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075)(General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withPacific Industrial Electric to provide electrical improvements at the Corporate Yard inan amount not to exceed $796,707, for a term beginning September 16, 2025 andexpiring September 15, 2026, with the option for a single oneyear extension(Agreement No. A2025XXX).21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo EducationHub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees &Donations (0221300257081) revenue account and appropriate the same amountinto the PRCSA Fees & Donations (0221320066200) building expenditure accountfor the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires fiveaffirmative votes)2. Approve an appropriation adjustment recognizing $750,000 in revenue collected inprior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenueaccount and appropriate the same amount into the Acquisition & DevelopmentDistrict 3 (3131326066200) building expenditure account for the Santa Ana ZooEducation Hub Building A – Phase 1. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 20252026 Capital ImprovementProgram to include an additional $916,000 in construction funds for the Santa AnaZoo Education Hub Building A – Phase 1 Project (No. 232601).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$4,454,082, which includes $3,563,265 for the construction contract, $534,490 forcontract administration, inspection, and testing, and $356,327 for unanticipated orunforeseen work.5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder,in accordance with the base bid in the amount of $3,563,265, subject to changeorders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1Project (No. 232601), for a term beginning September 16, 2025 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Approve an Agreement with Berg & Associates, Inc., for Construction Managementand Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1Project, in an amount not to exceed $374,315 for a threeyear term beginningSeptember 16, 2025 and expiring September 15, 2028, with an option for two, oneyear extensions (Agreement No. A2025XXX).7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202562 will be filed for Project No. 232601.22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA EnterpriseAutomation for Programmable Logic Controller Programming and ConsultingServices (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute agreements with ICSOnline, KDC Systems, and Enterprise Automation to provide Programmable LogicControl programming and consulting services for a total aggregate amount not toexceed $2,500,000, for a threeyear term beginning September 16, 2025 andexpiring September 15, 2028, with provisions for two, oneyear extensions (CoreAgreement No. A2025XXX).23.Agreement with iWater, Inc. for Water System Mapping and Software Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withiWater, Inc. to provide water system mapping and software services, for an amount notto exceed $1,750,000, for a threeyear term beginning September 16, 2025 andexpiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).24.Appropriation Adjustments to Recognize Orange County Transportation AuthorityEnvironmental Cleanup Program Grant for the Santa Ana Zoo and 10th and FlowerPark Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt aResolution to Enter Into a Cooperative Implementation Agreement with Caltrans forthe Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneralFund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment to recognize$2,500,000 in Orange County Transportation Authority Tier 2 Environmental CleanupProgram funds for the Santa Ana Zoo Stormwater Capture and Diversion Project inthe Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreetConstruction expenditure account (No. 0321766366220). (Requires five affirmativevotes)2. Approve an appropriation adjustment to recognize $600,000 in Orange CountyTransportation Authority Tier 1 Environmental Cleanup Program funds for the 10th andFlower Park Stormwater Capture Project in the Measure M2 CompetitiveStreetConstruction Revenue Account (No. 0321700252332) and appropriate the sameamount into the Measure M2 CompetitiveStreet Construction expenditure account(No. 0321766366220). (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Programto add $600,000 of Orange County Transportation Authority Tier 1 EnvironmentalCleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 266601) and $2,500,000 of Orange County Transportation Authority Tier 2Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Captureand Diversion Project (No. 246604).4. Adopt a resolution authorizing the City to enter into a Cooperative ImplementationAgreement with Caltrans to receive grant funds to construct the Santa Ana ZooStormwater Capture and Diversion Project.RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO ACOOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVESTORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANAZOO STORMWATER CAPTURE AND DIVERSION PROJECT25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures)of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to AFrame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202502 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframe signs; and ORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 15 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Ruben Reyes to the Measure X Citizen OversightCommittee as the Ward 2 representative and administer the Oath of Office. (Pursuantto SAMC Sec. 2326(a), requires five affirmative votes.)8.Informational Report for the California Department of Social Services Child Care GrantDepartment(s): City Manager’s OfficeRecommended Action: Receive and file informational report for the CaliforniaDepartment of Social Services (CDSS) child care grant.9.Approve the Naming of Park Located at the Southwest Corner of the Intersection ofBristol and Tolliver Streets (712 S. Bristol Street)Department(s): Planning and Building Agency, Parks, Recreation, and CommunityServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities No. 202501 naming the park located at the southwestcorner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”10.Washington Square Park Feasibility StudyDepartment(s): Public Works AgencyRecommended Action: Receive and file the Washington Square Park FeasibilityStudy.11.Agreement with Coast Community College District for the Strong Workforce Program(SWP) Transforming Intermediary Partnerships for Student Success (NonGeneralFund)Department(s): Community Development AgencyRecommended Action: 1. Approve an agreement with Coast Community CollegeDistrict to implement the Strong Workforce Program (SWP) TransformingIntermediary Partnerships for Student Success Project, in an amount not to exceed$50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30,2026 (Agreement No. A2025XXX).2. Approve an appropriation adjustment to recognize $50,000 in funds from OrangeCounty Grant Revenue State GrantsIndirect account (no. 1241800252027) andappropriating the same amount to OCCC Grant expenditure account (No. 12418753Various) (Requires five affirmative votes).12.Historic Property Preservation Agreements for the Properties Located at 305 E.Washington Avenue and 1617 E. Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager or designee to execute theattached Mills Act agreements with the belowreferenced property owners for theidentified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includesdetermination that the proposed projects are exempt from further review inaccordance with the California Environmental Quality Act as CategoricalExemption(s)/Environmental Review No. 202529 and 202550 will be filed for theproject.]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)Property Owner(s)HistoricPropertyPreservationAgreement No.Address/House Vote by HRCDaniel Phan Nguyen,Trustee to The 305 E.Washington Ave GrantorTrust 202502 305 E.WashingtonAvenue 5:0:0:2 (CommissionersRincon and Padillaabsent)Vincent F. Sarmiento andEva CasasSarmiento,Husband and Wife as JointTenants 202505 1617 E. FourthStreet 4:0:1:2 (CommissionersRincon and Padillaabsent andCommissionerEscamilla abstaining)13.First Amendment to Agreement with California Forensic Medical Group, Inc. andWellpath (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with California Forensic Medical Group, Inc. and Wellpath tocontinue to provide heath care services to inmates and detainees housed at theSanta Ana Jail and exercise the first oneyear renewal option to extend the termthrough September 30, 2026 in an annual amount of $3,523,310 and an additional$250,000 for emergency services as necessary and at the City’s sole discretion, for atotal aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX).14.Agreement with Aramark Correctional Services, LLC for Inmate Food andCommissary Services (Specification No. 25038) (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAramark Correctional Services, LLC to provide inmate food and commissaryservices in an amount not to exceed $5,070,842 for a threeyear term beginningOctober 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1)year renewal options, and authorize use of a “passthrough” account enablingpayments to Aramark Correctional Services, LLC from the incarcerated person trustaccount for commissary purchases with no fiscal impact to City funds (Agreement No.A2025XXX).15.Third Amendments for Rotational Towing and Storage Services for the PoliceDepartmentDepartment(s): Police DepartmentRecommended Action:Authorize the City Manager to execute the third amendment to the agreements withthe following rotational towing service contractors and amend the scope of services toallow for the option and ability to store and release vehicles and/or contents in an areaclose to, but outside of, the corporate City limits (Agreement Nos. A2025XXX):· Standard Enterprises, Inc., dba To’ N’ Mo’;· B&D Towing, Inc.; and· MetroPro Road Services, Inc.16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard,Glassell Street, Grand Avenue Corridor Regional Traffic Signal SynchronizationProject (No. 256705) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withArcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, GrandAvenue Corridor Regional Traffic Signal Synchronization Project for an amount not toexceed $5,680,658, for a term beginning September 16, 2025 and endingSeptember 15, 2028, with provisions for two oneyear extensions (Agreement No. A2025XXX).2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658,which includes $5,680,658 for the design and build contract and $30,000 for inkindstaff support.17.Agreement with ProCore Technologies, Inc. for Construction Project ManagementSoftware (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withProCore Technologies, Inc., for the licensing of ProCore Technologies ProjectManagement Pro software in an amount not to exceed $444,607, for a term beginningSeptember 17, 2025 and expiring September 16, 2028 (Agreement No. A2025XXX).18.Agreement with the Municipal Water District of Orange County for Shared Programsand Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute the MasterAgreement for Shared Programs and Services with the Municipal Water District ofOrange County, for a threeyear period with provisions for two oneyear extensionsbeginning upon approval by the Municipal Water District of Orange County andexpiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000(Agreement No. A2025XXX).19.Agreement with EEC Environmental for Waste Discharge Requirement ComplianceServices (Specification No. 25036) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withEEC Environmental to provide Waste Discharge Requirement compliance services,in an amount not to exceed $1,800,000, for a term beginning September 16, 2025and expiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).20.Agreement with Pacific International Electric Company Inc., dba Pacific IndustrialElectric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075)(General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withPacific Industrial Electric to provide electrical improvements at the Corporate Yard inan amount not to exceed $796,707, for a term beginning September 16, 2025 andexpiring September 15, 2026, with the option for a single oneyear extension(Agreement No. A2025XXX).21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo EducationHub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees &Donations (0221300257081) revenue account and appropriate the same amountinto the PRCSA Fees & Donations (0221320066200) building expenditure accountfor the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires fiveaffirmative votes)2. Approve an appropriation adjustment recognizing $750,000 in revenue collected inprior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenueaccount and appropriate the same amount into the Acquisition & DevelopmentDistrict 3 (3131326066200) building expenditure account for the Santa Ana ZooEducation Hub Building A – Phase 1. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 20252026 Capital ImprovementProgram to include an additional $916,000 in construction funds for the Santa AnaZoo Education Hub Building A – Phase 1 Project (No. 232601).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$4,454,082, which includes $3,563,265 for the construction contract, $534,490 forcontract administration, inspection, and testing, and $356,327 for unanticipated orunforeseen work.5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder,in accordance with the base bid in the amount of $3,563,265, subject to changeorders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1Project (No. 232601), for a term beginning September 16, 2025 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Approve an Agreement with Berg & Associates, Inc., for Construction Managementand Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1Project, in an amount not to exceed $374,315 for a threeyear term beginningSeptember 16, 2025 and expiring September 15, 2028, with an option for two, oneyear extensions (Agreement No. A2025XXX).7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202562 will be filed for Project No. 232601.22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA EnterpriseAutomation for Programmable Logic Controller Programming and ConsultingServices (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute agreements with ICSOnline, KDC Systems, and Enterprise Automation to provide Programmable LogicControl programming and consulting services for a total aggregate amount not toexceed $2,500,000, for a threeyear term beginning September 16, 2025 andexpiring September 15, 2028, with provisions for two, oneyear extensions (CoreAgreement No. A2025XXX).23.Agreement with iWater, Inc. for Water System Mapping and Software Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withiWater, Inc. to provide water system mapping and software services, for an amount notto exceed $1,750,000, for a threeyear term beginning September 16, 2025 andexpiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).24.Appropriation Adjustments to Recognize Orange County Transportation AuthorityEnvironmental Cleanup Program Grant for the Santa Ana Zoo and 10th and FlowerPark Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt aResolution to Enter Into a Cooperative Implementation Agreement with Caltrans forthe Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneralFund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment to recognize$2,500,000 in Orange County Transportation Authority Tier 2 Environmental CleanupProgram funds for the Santa Ana Zoo Stormwater Capture and Diversion Project inthe Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreetConstruction expenditure account (No. 0321766366220). (Requires five affirmativevotes)2. Approve an appropriation adjustment to recognize $600,000 in Orange CountyTransportation Authority Tier 1 Environmental Cleanup Program funds for the 10th andFlower Park Stormwater Capture Project in the Measure M2 CompetitiveStreetConstruction Revenue Account (No. 0321700252332) and appropriate the sameamount into the Measure M2 CompetitiveStreet Construction expenditure account(No. 0321766366220). (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Programto add $600,000 of Orange County Transportation Authority Tier 1 EnvironmentalCleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 266601) and $2,500,000 of Orange County Transportation Authority Tier 2Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Captureand Diversion Project (No. 246604).4. Adopt a resolution authorizing the City to enter into a Cooperative ImplementationAgreement with Caltrans to receive grant funds to construct the Santa Ana ZooStormwater Capture and Diversion Project.RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO ACOOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVESTORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANAZOO STORMWATER CAPTURE AND DIVERSION PROJECT25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures)of the Santa Ana Municipal Code Relating to Group Homes and Land Use DefinitionsLegal notice published in the OC Reporter on August 20, 2025.Department(s): Planning and Building AgencyRecommended Action: 1. Conduct a second reading of and adopt an ordinanceapproving Zoning Ordinance Amendment No. 202501 and Ordinance AmendmentNo. 202501 to amend several sections of Chapter 41 (Zoning) and to add ArticleXXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relatingto the location, licensing, permitting, and operational requirements for group homesand land use definitions.ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING)AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANAMUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS,REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDINGTHE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTALQUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3),15061(C)(2), 15060(C)(3), AND/OR 153012. Determine that, pursuant to the California Environmental Quality Act (CEQA), theproject is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3),15061(b)(3), and 15301 of the CEQA Guidelines.26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41(Zoning) of the Santa Ana Municipal Code Relating to AFrame SignsLegal notice published in the OC Reporter on August 20, 2025.Department(s): Planning and Building AgencyRecommended Action: 1. Conduct a second reading and adopt an ordinanceapproving Zoning Ordinance Amendment No. 202502 to amend several sections ofChapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframesigns; andORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 202502 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANAAMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANAMUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTIONTO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND15061(b)(3)2. Determine that, pursuant to the California Environmental Quality Act (CEQA), theproject is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 202425 to the U.S. Department of Housing and Urban Development (HUD). 28.Public Hearing Amendment Application (Zone Change) No. 202501, Vesting Tentative Tract Map No. 202506, Development Agreement No. 202501, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (County Map No. 2023159), as conditioned; RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 16 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Ruben Reyes to the Measure X Citizen OversightCommittee as the Ward 2 representative and administer the Oath of Office. (Pursuantto SAMC Sec. 2326(a), requires five affirmative votes.)8.Informational Report for the California Department of Social Services Child Care GrantDepartment(s): City Manager’s OfficeRecommended Action: Receive and file informational report for the CaliforniaDepartment of Social Services (CDSS) child care grant.9.Approve the Naming of Park Located at the Southwest Corner of the Intersection ofBristol and Tolliver Streets (712 S. Bristol Street)Department(s): Planning and Building Agency, Parks, Recreation, and CommunityServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities No. 202501 naming the park located at the southwestcorner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”10.Washington Square Park Feasibility StudyDepartment(s): Public Works AgencyRecommended Action: Receive and file the Washington Square Park FeasibilityStudy.11.Agreement with Coast Community College District for the Strong Workforce Program(SWP) Transforming Intermediary Partnerships for Student Success (NonGeneralFund)Department(s): Community Development AgencyRecommended Action: 1. Approve an agreement with Coast Community CollegeDistrict to implement the Strong Workforce Program (SWP) TransformingIntermediary Partnerships for Student Success Project, in an amount not to exceed$50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30,2026 (Agreement No. A2025XXX).2. Approve an appropriation adjustment to recognize $50,000 in funds from OrangeCounty Grant Revenue State GrantsIndirect account (no. 1241800252027) andappropriating the same amount to OCCC Grant expenditure account (No. 12418753Various) (Requires five affirmative votes).12.Historic Property Preservation Agreements for the Properties Located at 305 E.Washington Avenue and 1617 E. Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager or designee to execute theattached Mills Act agreements with the belowreferenced property owners for theidentified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includesdetermination that the proposed projects are exempt from further review inaccordance with the California Environmental Quality Act as CategoricalExemption(s)/Environmental Review No. 202529 and 202550 will be filed for theproject.]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)Property Owner(s)HistoricPropertyPreservationAgreement No.Address/House Vote by HRCDaniel Phan Nguyen,Trustee to The 305 E.Washington Ave GrantorTrust 202502 305 E.WashingtonAvenue 5:0:0:2 (CommissionersRincon and Padillaabsent)Vincent F. Sarmiento andEva CasasSarmiento,Husband and Wife as JointTenants 202505 1617 E. FourthStreet 4:0:1:2 (CommissionersRincon and Padillaabsent andCommissionerEscamilla abstaining)13.First Amendment to Agreement with California Forensic Medical Group, Inc. andWellpath (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with California Forensic Medical Group, Inc. and Wellpath tocontinue to provide heath care services to inmates and detainees housed at theSanta Ana Jail and exercise the first oneyear renewal option to extend the termthrough September 30, 2026 in an annual amount of $3,523,310 and an additional$250,000 for emergency services as necessary and at the City’s sole discretion, for atotal aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX).14.Agreement with Aramark Correctional Services, LLC for Inmate Food andCommissary Services (Specification No. 25038) (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAramark Correctional Services, LLC to provide inmate food and commissaryservices in an amount not to exceed $5,070,842 for a threeyear term beginningOctober 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1)year renewal options, and authorize use of a “passthrough” account enablingpayments to Aramark Correctional Services, LLC from the incarcerated person trustaccount for commissary purchases with no fiscal impact to City funds (Agreement No.A2025XXX).15.Third Amendments for Rotational Towing and Storage Services for the PoliceDepartmentDepartment(s): Police DepartmentRecommended Action:Authorize the City Manager to execute the third amendment to the agreements withthe following rotational towing service contractors and amend the scope of services toallow for the option and ability to store and release vehicles and/or contents in an areaclose to, but outside of, the corporate City limits (Agreement Nos. A2025XXX):· Standard Enterprises, Inc., dba To’ N’ Mo’;· B&D Towing, Inc.; and· MetroPro Road Services, Inc.16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard,Glassell Street, Grand Avenue Corridor Regional Traffic Signal SynchronizationProject (No. 256705) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withArcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, GrandAvenue Corridor Regional Traffic Signal Synchronization Project for an amount not toexceed $5,680,658, for a term beginning September 16, 2025 and endingSeptember 15, 2028, with provisions for two oneyear extensions (Agreement No. A2025XXX).2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658,which includes $5,680,658 for the design and build contract and $30,000 for inkindstaff support.17.Agreement with ProCore Technologies, Inc. for Construction Project ManagementSoftware (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withProCore Technologies, Inc., for the licensing of ProCore Technologies ProjectManagement Pro software in an amount not to exceed $444,607, for a term beginningSeptember 17, 2025 and expiring September 16, 2028 (Agreement No. A2025XXX).18.Agreement with the Municipal Water District of Orange County for Shared Programsand Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute the MasterAgreement for Shared Programs and Services with the Municipal Water District ofOrange County, for a threeyear period with provisions for two oneyear extensionsbeginning upon approval by the Municipal Water District of Orange County andexpiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000(Agreement No. A2025XXX).19.Agreement with EEC Environmental for Waste Discharge Requirement ComplianceServices (Specification No. 25036) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withEEC Environmental to provide Waste Discharge Requirement compliance services,in an amount not to exceed $1,800,000, for a term beginning September 16, 2025and expiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).20.Agreement with Pacific International Electric Company Inc., dba Pacific IndustrialElectric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075)(General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withPacific Industrial Electric to provide electrical improvements at the Corporate Yard inan amount not to exceed $796,707, for a term beginning September 16, 2025 andexpiring September 15, 2026, with the option for a single oneyear extension(Agreement No. A2025XXX).21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo EducationHub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees &Donations (0221300257081) revenue account and appropriate the same amountinto the PRCSA Fees & Donations (0221320066200) building expenditure accountfor the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires fiveaffirmative votes)2. Approve an appropriation adjustment recognizing $750,000 in revenue collected inprior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenueaccount and appropriate the same amount into the Acquisition & DevelopmentDistrict 3 (3131326066200) building expenditure account for the Santa Ana ZooEducation Hub Building A – Phase 1. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 20252026 Capital ImprovementProgram to include an additional $916,000 in construction funds for the Santa AnaZoo Education Hub Building A – Phase 1 Project (No. 232601).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$4,454,082, which includes $3,563,265 for the construction contract, $534,490 forcontract administration, inspection, and testing, and $356,327 for unanticipated orunforeseen work.5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder,in accordance with the base bid in the amount of $3,563,265, subject to changeorders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1Project (No. 232601), for a term beginning September 16, 2025 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Approve an Agreement with Berg & Associates, Inc., for Construction Managementand Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1Project, in an amount not to exceed $374,315 for a threeyear term beginningSeptember 16, 2025 and expiring September 15, 2028, with an option for two, oneyear extensions (Agreement No. A2025XXX).7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202562 will be filed for Project No. 232601.22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA EnterpriseAutomation for Programmable Logic Controller Programming and ConsultingServices (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute agreements with ICSOnline, KDC Systems, and Enterprise Automation to provide Programmable LogicControl programming and consulting services for a total aggregate amount not toexceed $2,500,000, for a threeyear term beginning September 16, 2025 andexpiring September 15, 2028, with provisions for two, oneyear extensions (CoreAgreement No. A2025XXX).23.Agreement with iWater, Inc. for Water System Mapping and Software Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withiWater, Inc. to provide water system mapping and software services, for an amount notto exceed $1,750,000, for a threeyear term beginning September 16, 2025 andexpiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).24.Appropriation Adjustments to Recognize Orange County Transportation AuthorityEnvironmental Cleanup Program Grant for the Santa Ana Zoo and 10th and FlowerPark Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt aResolution to Enter Into a Cooperative Implementation Agreement with Caltrans forthe Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneralFund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment to recognize$2,500,000 in Orange County Transportation Authority Tier 2 Environmental CleanupProgram funds for the Santa Ana Zoo Stormwater Capture and Diversion Project inthe Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreetConstruction expenditure account (No. 0321766366220). (Requires five affirmativevotes)2. Approve an appropriation adjustment to recognize $600,000 in Orange CountyTransportation Authority Tier 1 Environmental Cleanup Program funds for the 10th andFlower Park Stormwater Capture Project in the Measure M2 CompetitiveStreetConstruction Revenue Account (No. 0321700252332) and appropriate the sameamount into the Measure M2 CompetitiveStreet Construction expenditure account(No. 0321766366220). (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Programto add $600,000 of Orange County Transportation Authority Tier 1 EnvironmentalCleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 266601) and $2,500,000 of Orange County Transportation Authority Tier 2Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Captureand Diversion Project (No. 246604).4. Adopt a resolution authorizing the City to enter into a Cooperative ImplementationAgreement with Caltrans to receive grant funds to construct the Santa Ana ZooStormwater Capture and Diversion Project.RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO ACOOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVESTORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANAZOO STORMWATER CAPTURE AND DIVERSION PROJECT25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures)of the Santa Ana Municipal Code Relating to Group Homes and Land Use DefinitionsLegal notice published in the OC Reporter on August 20, 2025.Department(s): Planning and Building AgencyRecommended Action: 1. Conduct a second reading of and adopt an ordinanceapproving Zoning Ordinance Amendment No. 202501 and Ordinance AmendmentNo. 202501 to amend several sections of Chapter 41 (Zoning) and to add ArticleXXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relatingto the location, licensing, permitting, and operational requirements for group homesand land use definitions.ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING)AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANAMUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS,REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDINGTHE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTALQUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3),15061(C)(2), 15060(C)(3), AND/OR 153012. Determine that, pursuant to the California Environmental Quality Act (CEQA), theproject is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3),15061(b)(3), and 15301 of the CEQA Guidelines.26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41(Zoning) of the Santa Ana Municipal Code Relating to AFrame SignsLegal notice published in the OC Reporter on August 20, 2025.Department(s): Planning and Building AgencyRecommended Action: 1. Conduct a second reading and adopt an ordinanceapproving Zoning Ordinance Amendment No. 202502 to amend several sections ofChapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframesigns; andORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 202502 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANAAMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANAMUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTIONTO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND15061(b)(3)2. Determine that, pursuant to the California Environmental Quality Act (CEQA), theproject is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and15061(b)(3) of the CEQA Guidelines.**END OF CONSENT CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on each of thePublic Hearing items.27.Public Hearing – Consolidated Annual Performance and Evaluation Report for FiscalYear 202425Legal notice published in the OC Register and La Opinion on August 18, 2025 and inNguoi Viet on August 19, 2025.Department(s): Community Development AgencyRecommended Action: Authorize submission of the Consolidated AnnualPerformance and Evaluation Report for Fiscal Year 202425 to the U.S. Departmentof Housing and Urban Development (HUD).28.Public Hearing Amendment Application (Zone Change) No. 202501, VestingTentative Tract Map No. 202506, Development Agreement No. 202501, andOverrule of the Orange County Airport Land Use Commission’s Determination ofInconsistency for The Village Santa Ana Specific Plan Entitlements and DevelopmentAgreement (1561 W. Sunflower Avenue)Legal notice published in the OC Reporter on September 5, 2025 and notices mailedon same date.Department(s): Planning and Building AgencyRecommended Action: 1. Adopt a resolution: (1) certifying the Final SupplementalEnvironmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2)adopting Environmental Findings of Fact and a Statement of OverridingConsiderations for the Project; (3) adopting a Mitigation Monitoring and ReportingProgram for the Project; and (4) approving the Project;RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTALENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFICPLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTALFINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONSFOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTALQUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING ANDREPORTING PROGRAM2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (CountyMap No. 2023159), as conditioned;RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires twothirds vote); RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 202501. ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 17 9/16/2025 City Council Meeting PacketSeptember 16, 2025TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconferencefrom World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in thelobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislativebody directly may do so at the teleconference location pursuant to Government Code Section 54954.3.CLOSED SESSION MEETING – 4:00 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanCouncilmember – Ward 1 Benjamin VazquezMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available onSpectrum channel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail two (2) hours before the scheduled start of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, or iv) special agenda item. You may request to speak by dialing *9 fromyour phone or you may virtually raise your hand from Zoom. After the Clerk confirms thelast three digits of the caller’s phone number or Zoom ID and unmutes them, the callermust press *6 or microphone icon to speak. Callers are encouraged, but not required,to identify themselves by name. Each caller will be provided three (3) minutes to speak,unless due to the number of speakers wanting to speak a decision is made to providea different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Jodi Thorn v City of Santa Ana, Officer Cristal Gutierrez, et al., Orange CountySuperior Court, Case No. 30202401380358CUPACJCB. Share Our Selves Corporation v. City of Santa Ana, United States District CourtCase No. 8:23cv00504DOCKESC. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No.30202301348523CUWTCJCD. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) CaseNo. 1923649 (SHL)E. In re National Prescription Opiate Litigation, United States District Court Case No.1:17md2804 (MDL No. 2804)F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30202201287702CUOENJC2.CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATIONpursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Peter BrownEmployee Organizations:Service Employees International Union, FullTime Employees Unit (SEIUFT)Service Employees International Union, PartTIme NonCivil Service EmployeesUnit (SEIUPTNCS)4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lor Schnaider, Executive Director of Human ResourcesEmployee Organizations:Confidential Association of Santa Ana (CASA)Santa Ana Police Management Association (PMA)RECONVENE – City Council will reconvene to continue regular City business.TELECONFERENCE INFORMATION :Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting viateleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the roomnumber posted in the lobby). The Agenda will be posted at the teleconference location and any member of the publicwishing to address the legislative body directly may do so at the teleconference location pursuant to GovernmentCode Section 54954.3.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaThai Viet PhanMayor Pro Tem Benjamin VazquezMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2025 as Hunger Action Month2.Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2025 as Service Club Organizations Month3.Certificate of Recognition presented by Councilmember Lopez to Santa Ana UnifiedSchool District – Family and Community Engagement Team forOutstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 4 through 26 and waive reading of all resolutionsand ordinances. 4.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.5.Minutes from the Regular Meeting of August 19, 2025Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.6.Minutes from the Regular Meetings of the Parks, Recreation, and Community ServicesCommission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025and May 22, 2025; the Special Meeting of the Youth Commission on February 6,2025; the Special Meeting of the Community Development Commission on March 5,2025; the Joint Special Meeting of the Parks, Recreation, and Community Servicesand Youth Commission on March 8, 2025; the Regular Meetings of the YouthCommission on March 17, 2025, April 21, 2025, and May 19, 2025; the RegularMeeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of theArts and Culture Commission on April 17, 2025, June 19, 2025 and July 17, 2025; theSpecial Meeting of the Workforce Development Board Youth Council on April 30, 2025;the Regular Meetings of the Community Development Commission on May 28, 2025and June 23, 2025; the Regular Meeting of the Environmental and TransporationAdvisory Commission on July 8, 2025; and the Regular Meetings of the PoliceOversight Commission on May 8, 2025 and July 10, 2025Department(s): City Clerk’s OfficeRecommended Action: Receive and file.7.Appoint Ruben Reyes Nominated by Mayor Pro Tem Vazquez as the Ward 2Representative to the Measure X Citizen Oversight Committee for a Partial TermExpiring December 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Ruben Reyes to the Measure X Citizen OversightCommittee as the Ward 2 representative and administer the Oath of Office. (Pursuantto SAMC Sec. 2326(a), requires five affirmative votes.)8.Informational Report for the California Department of Social Services Child Care GrantDepartment(s): City Manager’s OfficeRecommended Action: Receive and file informational report for the CaliforniaDepartment of Social Services (CDSS) child care grant.9.Approve the Naming of Park Located at the Southwest Corner of the Intersection ofBristol and Tolliver Streets (712 S. Bristol Street)Department(s): Planning and Building Agency, Parks, Recreation, and CommunityServicesRecommended Action: Affirm the Planning Commission’s adoption of a resolutionapproving Public Facilities No. 202501 naming the park located at the southwestcorner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”10.Washington Square Park Feasibility StudyDepartment(s): Public Works AgencyRecommended Action: Receive and file the Washington Square Park FeasibilityStudy.11.Agreement with Coast Community College District for the Strong Workforce Program(SWP) Transforming Intermediary Partnerships for Student Success (NonGeneralFund)Department(s): Community Development AgencyRecommended Action: 1. Approve an agreement with Coast Community CollegeDistrict to implement the Strong Workforce Program (SWP) TransformingIntermediary Partnerships for Student Success Project, in an amount not to exceed$50,000, for a tenmonth period beginning September 16, 2025 and expiring June 30,2026 (Agreement No. A2025XXX).2. Approve an appropriation adjustment to recognize $50,000 in funds from OrangeCounty Grant Revenue State GrantsIndirect account (no. 1241800252027) andappropriating the same amount to OCCC Grant expenditure account (No. 12418753Various) (Requires five affirmative votes).12.Historic Property Preservation Agreements for the Properties Located at 305 E.Washington Avenue and 1617 E. Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager or designee to execute theattached Mills Act agreements with the belowreferenced property owners for theidentified structure(s) (Agreement No. A2025XXX and A2025XXX). [Includesdetermination that the proposed projects are exempt from further review inaccordance with the California Environmental Quality Act as CategoricalExemption(s)/Environmental Review No. 202529 and 202550 will be filed for theproject.]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)Property Owner(s)HistoricPropertyPreservationAgreement No.Address/House Vote by HRCDaniel Phan Nguyen,Trustee to The 305 E.Washington Ave GrantorTrust 202502 305 E.WashingtonAvenue 5:0:0:2 (CommissionersRincon and Padillaabsent)Vincent F. Sarmiento andEva CasasSarmiento,Husband and Wife as JointTenants 202505 1617 E. FourthStreet 4:0:1:2 (CommissionersRincon and Padillaabsent andCommissionerEscamilla abstaining)13.First Amendment to Agreement with California Forensic Medical Group, Inc. andWellpath (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute the first amendmentto the agreement with California Forensic Medical Group, Inc. and Wellpath tocontinue to provide heath care services to inmates and detainees housed at theSanta Ana Jail and exercise the first oneyear renewal option to extend the termthrough September 30, 2026 in an annual amount of $3,523,310 and an additional$250,000 for emergency services as necessary and at the City’s sole discretion, for atotal aggregate amount not to exceed $13,843,556 (Agreement No. A2025XXX).14.Agreement with Aramark Correctional Services, LLC for Inmate Food andCommissary Services (Specification No. 25038) (General Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAramark Correctional Services, LLC to provide inmate food and commissaryservices in an amount not to exceed $5,070,842 for a threeyear term beginningOctober 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1)year renewal options, and authorize use of a “passthrough” account enablingpayments to Aramark Correctional Services, LLC from the incarcerated person trustaccount for commissary purchases with no fiscal impact to City funds (Agreement No.A2025XXX).15.Third Amendments for Rotational Towing and Storage Services for the PoliceDepartmentDepartment(s): Police DepartmentRecommended Action:Authorize the City Manager to execute the third amendment to the agreements withthe following rotational towing service contractors and amend the scope of services toallow for the option and ability to store and release vehicles and/or contents in an areaclose to, but outside of, the corporate City limits (Agreement Nos. A2025XXX):· Standard Enterprises, Inc., dba To’ N’ Mo’;· B&D Towing, Inc.; and· MetroPro Road Services, Inc.16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard,Glassell Street, Grand Avenue Corridor Regional Traffic Signal SynchronizationProject (No. 256705) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withArcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, GrandAvenue Corridor Regional Traffic Signal Synchronization Project for an amount not toexceed $5,680,658, for a term beginning September 16, 2025 and endingSeptember 15, 2028, with provisions for two oneyear extensions (Agreement No. A2025XXX).2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658,which includes $5,680,658 for the design and build contract and $30,000 for inkindstaff support.17.Agreement with ProCore Technologies, Inc. for Construction Project ManagementSoftware (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withProCore Technologies, Inc., for the licensing of ProCore Technologies ProjectManagement Pro software in an amount not to exceed $444,607, for a term beginningSeptember 17, 2025 and expiring September 16, 2028 (Agreement No. A2025XXX).18.Agreement with the Municipal Water District of Orange County for Shared Programsand Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute the MasterAgreement for Shared Programs and Services with the Municipal Water District ofOrange County, for a threeyear period with provisions for two oneyear extensionsbeginning upon approval by the Municipal Water District of Orange County andexpiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000(Agreement No. A2025XXX).19.Agreement with EEC Environmental for Waste Discharge Requirement ComplianceServices (Specification No. 25036) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withEEC Environmental to provide Waste Discharge Requirement compliance services,in an amount not to exceed $1,800,000, for a term beginning September 16, 2025and expiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).20.Agreement with Pacific International Electric Company Inc., dba Pacific IndustrialElectric, for Electrical Upgrade at the Corporate Yard (Specification No. 25075)(General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withPacific Industrial Electric to provide electrical improvements at the Corporate Yard inan amount not to exceed $796,707, for a term beginning September 16, 2025 andexpiring September 15, 2026, with the option for a single oneyear extension(Agreement No. A2025XXX).21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo EducationHub Building A – Phase 1 Project (No. 232601) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees &Donations (0221300257081) revenue account and appropriate the same amountinto the PRCSA Fees & Donations (0221320066200) building expenditure accountfor the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires fiveaffirmative votes)2. Approve an appropriation adjustment recognizing $750,000 in revenue collected inprior years into the Acquisition & DevelopmentDistrict 3 (3131300250001) revenueaccount and appropriate the same amount into the Acquisition & DevelopmentDistrict 3 (3131326066200) building expenditure account for the Santa Ana ZooEducation Hub Building A – Phase 1. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 20252026 Capital ImprovementProgram to include an additional $916,000 in construction funds for the Santa AnaZoo Education Hub Building A – Phase 1 Project (No. 232601).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$4,454,082, which includes $3,563,265 for the construction contract, $534,490 forcontract administration, inspection, and testing, and $356,327 for unanticipated orunforeseen work.5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder,in accordance with the base bid in the amount of $3,563,265, subject to changeorders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1Project (No. 232601), for a term beginning September 16, 2025 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Approve an Agreement with Berg & Associates, Inc., for Construction Managementand Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1Project, in an amount not to exceed $374,315 for a threeyear term beginningSeptember 16, 2025 and expiring September 15, 2028, with an option for two, oneyear extensions (Agreement No. A2025XXX).7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202562 will be filed for Project No. 232601.22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA EnterpriseAutomation for Programmable Logic Controller Programming and ConsultingServices (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute agreements with ICSOnline, KDC Systems, and Enterprise Automation to provide Programmable LogicControl programming and consulting services for a total aggregate amount not toexceed $2,500,000, for a threeyear term beginning September 16, 2025 andexpiring September 15, 2028, with provisions for two, oneyear extensions (CoreAgreement No. A2025XXX).23.Agreement with iWater, Inc. for Water System Mapping and Software Services (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withiWater, Inc. to provide water system mapping and software services, for an amount notto exceed $1,750,000, for a threeyear term beginning September 16, 2025 andexpiring September 15, 2028, with provisions for two, oneyear extensions(Agreement No. A2025XXX).24.Appropriation Adjustments to Recognize Orange County Transportation AuthorityEnvironmental Cleanup Program Grant for the Santa Ana Zoo and 10th and FlowerPark Stormwater Capture Projects (Project Nos. 246604 and 266601) and Adopt aResolution to Enter Into a Cooperative Implementation Agreement with Caltrans forthe Santa Ana Zoo Stormwater Capture Project (Project No. 246604) (NonGeneralFund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment to recognize$2,500,000 in Orange County Transportation Authority Tier 2 Environmental CleanupProgram funds for the Santa Ana Zoo Stormwater Capture and Diversion Project inthe Measure M2 CompetitiveStreet Construction Revenue Account (No. 0321700252332) and appropriate the same amount into the Measure M2 CompetitiveStreetConstruction expenditure account (No. 0321766366220). (Requires five affirmativevotes)2. Approve an appropriation adjustment to recognize $600,000 in Orange CountyTransportation Authority Tier 1 Environmental Cleanup Program funds for the 10th andFlower Park Stormwater Capture Project in the Measure M2 CompetitiveStreetConstruction Revenue Account (No. 0321700252332) and appropriate the sameamount into the Measure M2 CompetitiveStreet Construction expenditure account(No. 0321766366220). (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202526 Capital Improvement Programto add $600,000 of Orange County Transportation Authority Tier 1 EnvironmentalCleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 266601) and $2,500,000 of Orange County Transportation Authority Tier 2Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Captureand Diversion Project (No. 246604).4. Adopt a resolution authorizing the City to enter into a Cooperative ImplementationAgreement with Caltrans to receive grant funds to construct the Santa Ana ZooStormwater Capture and Diversion Project.RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO ACOOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVESTORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANAZOO STORMWATER CAPTURE AND DIVERSION PROJECT25.Zoning Ordinance Amendment No. 202501 and Ordinance Amendment No. 202501to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures)of the Santa Ana Municipal Code Relating to Group Homes and Land Use DefinitionsLegal notice published in the OC Reporter on August 20, 2025.Department(s): Planning and Building AgencyRecommended Action: 1. Conduct a second reading of and adopt an ordinanceapproving Zoning Ordinance Amendment No. 202501 and Ordinance AmendmentNo. 202501 to amend several sections of Chapter 41 (Zoning) and to add ArticleXXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relatingto the location, licensing, permitting, and operational requirements for group homesand land use definitions.ORDINANCE NO. NS3084 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING)AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANAMUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS,REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDINGTHE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTALQUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3),15061(C)(2), 15060(C)(3), AND/OR 153012. Determine that, pursuant to the California Environmental Quality Act (CEQA), theproject is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3),15061(b)(3), and 15301 of the CEQA Guidelines.26.Zoning Ordinance Amendment No. 202502 to Amend Portions of Chapter 41(Zoning) of the Santa Ana Municipal Code Relating to AFrame SignsLegal notice published in the OC Reporter on August 20, 2025.Department(s): Planning and Building AgencyRecommended Action: 1. Conduct a second reading and adopt an ordinanceapproving Zoning Ordinance Amendment No. 202502 to amend several sections ofChapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to Aframesigns; andORDINANCE NO. NS3085 entitled ZONING ORDINANCE AMENDMENT NO. 202502 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANAAMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANAMUNICIPAL CODE RELATING TO AFRAME SIGNS AND FINDING THE ACTIONTO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND15061(b)(3)2. Determine that, pursuant to the California Environmental Quality Act (CEQA), theproject is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and15061(b)(3) of the CEQA Guidelines.**END OF CONSENT CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on each of thePublic Hearing items.27.Public Hearing – Consolidated Annual Performance and Evaluation Report for FiscalYear 202425Legal notice published in the OC Register and La Opinion on August 18, 2025 and inNguoi Viet on August 19, 2025.Department(s): Community Development AgencyRecommended Action: Authorize submission of the Consolidated AnnualPerformance and Evaluation Report for Fiscal Year 202425 to the U.S. Departmentof Housing and Urban Development (HUD).28.Public Hearing Amendment Application (Zone Change) No. 202501, VestingTentative Tract Map No. 202506, Development Agreement No. 202501, andOverrule of the Orange County Airport Land Use Commission’s Determination ofInconsistency for The Village Santa Ana Specific Plan Entitlements and DevelopmentAgreement (1561 W. Sunflower Avenue)Legal notice published in the OC Reporter on September 5, 2025 and notices mailedon same date.Department(s): Planning and Building AgencyRecommended Action: 1. Adopt a resolution: (1) certifying the Final SupplementalEnvironmental Impact Report No. 202501 (SCH No. 2020029087) for the Project; (2)adopting Environmental Findings of Fact and a Statement of OverridingConsiderations for the Project; (3) adopting a Mitigation Monitoring and ReportingProgram for the Project; and (4) approving the Project;RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTALENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFICPLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTALFINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONSFOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTALQUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING ANDREPORTING PROGRAM2. Adopt a resolution approving Vesting Tentative Tract Map No. 202506 (CountyMap No. 2023159), as conditioned;RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO.202506 (COUNTY MAP NO. 2023159), AS CONDITIONED, FOR THE VILLAGESANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W.SUNFLOWER AVENUE3. Adopt a resolution overruling the Orange County Airport Land Use Commission’sdetermination that The Village Santa Ana Specific Plan is inconsistent with the AirportEnvirons Land Use Plan of John Wayne Airport, including supportive findings(requires twothirds vote);RESOLUTION NO. 2025XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LANDUSE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANASPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWERAVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLANFOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment ApplicationNo. 202501 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6)and approving a zone change for the Project Site at 1561 W. Sunflower Avenue fromSpecific Development No. 48 to Specific Plan No. 6; andORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202501TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE AZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W.SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THEVILLAGE SANTA ANA SPECIFIC PLAN (SP6) 5. Conduct a first reading and adopt an uncodified ordinance approving DevelopmentAgreement No. 202501.ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 202501 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLYLOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTAANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIPCOUNCILMEMBER REQUESTED ITEMS29.Discuss and Consider Providing Direction to the City Manager to Develop andImplement a Santa Ana Police Department Policy Requiring the Installation and Useof InCar Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan – Councilmember Lopez WORK STUDY SESSION 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager’s Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. August 25, 2025 – Mayor Amezcua and Councilmembers Bacerra, Hernandez, Lopez, and Phan – Assembly Floor Session, Sacramento, CA ADJOURNMENT – Adjourn the City Council meeting. In Memory of Vicki Tafoya Lydia Salvetta Future Items 1. Resolution to Rename the PAAL Center as the Jose Vargas PAAL Center 2. Report on the Ayuda Sin Fronteras Program 3. Budget Carryovers from FY2425 to FY2526 POSTING STATEMENT: On September 9, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 18 9/16/2025 CITY COUNCIL 1 AUGUST 19, 2025 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California August 19, 2025 CLOSED SESSION MEETING – 4 :00 P.M. REGULAR OPEN MEETING – 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:09 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tem Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, and Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. Councilmember Lopez arrived during Closed Session. Councilmember Hernandez was absent. City Council 5 – 1 9/16/2025 CITY COUNCIL 2 AUGUST 19, 2025 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: Councilmember Phan recused herself from Closed Session Agenda Item No. 1B as the listed entity, JBW Enterprise, LLC, is a client of her employer, Rutan and Tucker. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:10 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court, Case No. 30-2023-01352256-CU-PA-CJC B. JBW Enterprise, LLC v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2025-01498020 C. Kim McPeck v. City of Santa Ana, Orange County Superior Court, Case No. 30-2024-01370874 MINUTES: Councilmember Phan left the closed session room at 4:28 P.M. for Council consideration of Closed Session Agenda Item No. 1B and returned to the closed session room at 4:33 P.M. 2. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: * One (1) case – Union Pacific 3. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Section 54956.9(d)(2) of the Government Code: Three (3) Matters [Personnel Complaints] City Council 5 – 2 9/16/2025 CITY COUNCIL 3 AUGUST 19, 2025 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: • Service Employees International Union, Full-Time Employees Unit (SEIU- FT) • Service Employees International Union, Part-Time Non-Civil Service Employees Unit (SEIU-PTNCS) 5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organizations: • Confidential Association of Santa Ana (CASA) • Santa Ana Middle Management / Administrative Management Association (SAMA) • Santa Ana Police Management Association (PMA) RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:19 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Valerie Amezcua City Manager City Attorney City Clerk Alvaro Nuñez Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. City Council 5 – 3 9/16/2025 CITY COUNCIL 4 AUGUST 19, 2025 PLEDGE OF ALLEGIANCE Joe Vargas WORDS OF INSPIRATION Miguel Hernandez, OCCCO ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced Public Hearing Agenda Item No. 24 has been withdrawn from consideration as the property owner has paid the outstanding amount. CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Amezcua recognizing Vex Robotics World Championship Participants for Outstanding Academic Accomplishments MINUTES: Mayor Amezcua presented certificates of recognition to Vex Robotics World Championship Participants for outstanding academic accomplishments. 2. Certificates of Recognition presented by Councilmember Bacerra recognizing Saddleback High School Students for Outstanding Contributions to the Community MINUTES: Councilmember Bacerra presented certificates of recognition to Saddleback High School students for outstanding contributions to the community. 3. Certificate of Recognition presented by Councilmember Lopez recognizing the Lit League for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Lit League for outstanding contributions to the community. 4. Proclamation presented by Councilmember Hernandez to the Guzman Family declaring August 2025 as Chicano Heritage Month MINUTES: Councilmember Hernandez presented a proclamation to the Guzman Family declaring August 2025 as Chicano Heritage Month. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho reported that for item No 1A, Delfina Flores Robles v. City of Santa Ana, et al., the City Council voted 6 -0 (Councilmember Hernandez absent) to settle the case for $150,000. For Item 1B, JBW Enterprise, LLC v. City of Santa An a, et al., the City Council voted 5 -0 (Councilmembers Hernandez absent and Phan recused) to file a motion to determine whether the plaintiff’s law firm Retan and Tucker may legally and ethically continue to sue the City of Santa Ana with City Council 5 – 4 9/16/2025 CITY COUNCIL 5 AUGUST 19, 2025 a current employee on the City Council. City Attorney Carvalho reported that for Item 3, the City Council voted 6 -0 (Councilmember Hernandez absent) for potential censure process with potential legal consequences regarding personnel complaints filed agai nst Councilmember Hernandez be reported at the City Council meeting of October 7, 2025. She further reported Item Nos. 2,4, and 5 were not heard. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: four (4) Agenda Item No. 10, one (1) Agenda Item No. 25, and two (2) non- agenda comments. The following speakers addressed City Council in-person: 1. Joe Vargas spoke in support of Agenda Item No. 25 and spoke regarding his father, Jose Vargas. 2. Bulmaro Vicente expressed concern regarding the lack of transparency regarding the annual military equipment reports, spoke in opposition to the drone program, and requested justice for Noe Rodriguez. 3. Sandra De Anda spoke regarding I.C.E. raids and in support of Agenda Item No. 13. 4. Abraham Quintana requested the military equipment policy not be approved, spoke regarding the policy, and requested justice for Noe Rodriguez. 5. Patty Cabada requested Council look into AB495. Councilmember Penaloza addressed comments regarding relationships. 6. Tommy Fernandez expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza’s relationship with the Reyes family. 7. Yumiko Hiromoto (translation: Spanish) expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza’s relationship with the Reyes family. 8. Josh Nuño expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza’s relationship with the Reyes family. 9. Karen Perez expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza’s relationship with the Reyes family. City Council 5 – 5 9/16/2025 CITY COUNCIL 6 AUGUST 19, 2025 10. Victor Quiroga expressed concern regarding the exclusive use and access to City fields to La Academia organization, Councilmember Penaloza’s relationship with the Reyes family, and requested Council not take away the use of fields by the community. 11. Maria Bahena expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 12. Ricardo Sandoval (translation: Spanish) expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 13. Hector Hernandez expressed concern regarding the exclusive use and access to City fields by La Academia organization. 14. Jose Meza (translation: Spanish) expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza’s relationship with the Reyes family and requested transparency and Council not take away the use of fields by the community. 15. Joaquin Olvera expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested the Council not take away the use of fields by the community. 16. Johnny Mejia expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza’s relationship with the Reyes family, and requested equality for the use of fields by all soccer organizations. 17. Melissa Aburto requested Council not take away the use of fields by the community. 18. Guadalupe Romero (translation: Spanish) requested the Council not take away the use of fields to the community. 19. Bryan Leos expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 20. America Saucedo (translation: Spanish) requested Council not take away the use of fields by the community. 21. Sonia Olivarrias expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community 22. Danalin Gonzalez expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. City Council 5 – 6 9/16/2025 CITY COUNCIL 7 AUGUST 19, 2025 23. Christian Castellenos expressed concern regarding the exclusive use and access by City fields to La Academia organization and requested Council not take away the use of fields by the community. 24. Leonel Perez (translation: Spanish) expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested equality and transparency for the use of fields by all soccer organizations. City Manager Alvaro Nuñez stated the City does not have a contract with an organization and for a contract to be in place it would need to be brought to Council for discussion. 25. Bruce Senator requested an online platform for the community to be able to share their thoughts anonymously as well as recipes. He expressed concerns regarding the construction on Warner Street, digital billboards, and field use within the community. 26. Victor Mendez expressed gratitude to Chief Robert Rodriguez in regards to Item 11. He requested that appropriate inspectors be assigned regarding Item 18 and that quarterly reports be utilized and reviewed for possible field use within the community regarding Item 8. 27. Joel Fuentes expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 28. Gerardo Rangel expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza’s relationship with the Reyes family. 29. Lupe Lopez spoke regarding Native American Heritage Month and invited the Council to join her in celebration on November 2. 30. Claudia Acosta expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 31. Daniel Aguilar expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza’s relationship with the Reyes family. The following speakers addressed City Council via teleconference: 32. Kayla Asato spoke in opposition to Item 10 and in support of Item 13. They requested equality and transparency for the use of fields by all soccer organizations. 33. AL spoke in opposition to Ordinance No. NS-3020 and Agenda Item No. 10. 34. Fabi Jacome spoke in support of Agenda Item No. 13. City Council 5 – 7 9/16/2025 CITY COUNCIL 8 AUGUST 19, 2025 MINUTES: At 8:47 P.M., Mayor Amezcua moved Agenda Item No. 25 out of order and prior to the consideration of the Consent Calendar. AGENDA ITEM NO. 25 MOVED OUT OF ORDER COUNCILMEMBER REQUESTED ITEMS 25. Public Hearing – Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to amend portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to Group Homes and Land Use Definitions and a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2025 -2026 to Establish Planning and Building Agency Review Fees for Group Home Special Use Permit Applications and Group Home Operator’s Permit Applications. Item No. 25 considered prior to the Consent Calendar (See page 8). MINUTES: Mayor Pro Tem Vazquez spoke regarding Jose Vargas’ legacy in the City of Santa Ana and years of servie and dedication to the immigrant community. Councilmember Penaloza thanked Mayor Pro Tem Vazquez for presenting the item, spoke in support of the item, and requested the Vargas family be invited to the unveiling ceremony. Councilmember Hernandez thanked Mayor Pro Tem Vazquez for presenting the item and spoke in support of the item. Mayor Amezcua thanked Mayor Pro Tem Vazquez for presenting the item, spoke in support of the item, and echoed Councilmember Penaloza’s request to invite the Vargas family to the unveiling ceremony. Mayor Pro Tem Vazquez thanked the Council for their support. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 20 and waive reading of all resolutions and ordinances. MINUTES: At 8:56 P.M., the Consent Calendar was considered. Councilmember Lopez pulled Agenda Item Nos. 10 and 19 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item No. 18 as the listed entity, Bernel, Inc. dba VFS Fire & Security, is a client of her employer, Rutan and Tucker. CONSENT CALENDAR City Council 5 – 8 9/16/2025 CITY COUNCIL 9 AUGUST 19, 2025 Councilmember Bacerra pulled Agenda Item Nos. 16 and 19 for separate discussion and consideration. Councilmember Hernandez pulled Agenda Item No. 10 for separate discussion and consideration. Mayor Amezcua pulled Agenda Item Nos. 14 and 19 for separate discussion and consideration. MOTION: Mayor Amezcua moved to approve Consent Calendar Item Nos. 4 through 20, with the exception of Item Nos. 10, 14, 16, and 19, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE Status: 7 – 0 – Pass 5. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6. Minutes from the Regular Meeting of August 5, 2025 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 7. Appoint Oscar Rodriguez Nominated by Mayor Pro Tem Vazquez as an At- Large Representative to the Rental Housing Board for a Partial Term Expiring in 2027 Department(s): City Clerk’s Office Recommended Action: Appoint Oscar Rodriguez to the Rental Housing Board as an at-large representative and administer the Oath of Office (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes). City Council 5 – 9 9/16/2025 CITY COUNCIL 10 AUGUST 19, 2025 8. Receive and File Quarterly Report of Contracts up to $50,000 for Non-Public Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between April 1, 2025 to June 30, 2025. 9. Receive and File Quarterly Report of Investments as of June 30, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. Annual Military Equipment Use Reports for 2022-23, 2023-24, and 2024-25 Department(s): Police Department Recommended Action: 1. Receive and file the Santa Ana Police Department’s Annual Military Equipment Use reports for 2022-23, 2023-24, and 2024-25 for existing equipment. 2. Review and affirm Santa Ana City Ordinance No. NS-3020. MINUTES: Mayor Amezcua inquired whether the item included a proposal for the purchase of drones. Police Chief Robert Rodriguez clarified that the item being considered did not include a proposal for the purchase of drones. Councilmember Hernandez thanked members of the public for participating and spoke in opposition to the item. MOTION: Councilmember Hernandez moved to not approve the recommended action for Item No. 10. Motion died due to lack of second. Mayor Amezcua inquired regarding Chief Rodriguez’s start date, the posting of the reports from 2022-23 and 2023-24, and whether there have been new purchases of military equipment. Chief Rodriguez confirmed his start date as Chief on December 19, 2024 and stated reports from 2022-23 and 2023-24 were not originally posted for the community. He clarified the department was tracking internal compliance and usage to ensure compliance and transparency with AB 481 and explained changes in leadership within the last few years caused data not to be reported to the City Council 5 – 10 9/16/2025 CITY COUNCIL 11 AUGUST 19, 2025 community. Commander Sorenson confirmed no new equipment has been purchased and provided a presentation regarding the annual military equipment use report. Mayor Pro Tem Vazquez requested information related to the increase from .015% the first year, .054% the second year, and .023% this current year regarding total calls for service. He expressed concern regarding the deployment of military equipment used during protests related to ICE on June 9, 2025 and requested the Police Oversight Director create a report and policy on the use of weapons. Councilmember Lopez asked whether a member within the department has been designated to conduct yearly reports and clarification on the e vents in which the military equipment had been used. She requested a Zoom option be available for residents at the next community meeting, parking validations be offered, and a physical presentation be provided for future meetings. Chief Rodriguez confirmed multiple members within the department have been assigned. Commander Sorenson stated a data report was created in the department’s RMS system to provide reporting access to all personnel and increased enforcement on East First Street related to the service of search warrants. He clarified the number of times the equipment was reported as being used as a force option and explained deployment refers to the removal of a 40mm launcher and projectile from a police vehicle, as opposed to the actual use of the equipment as a force option. Councilmember Penaloza echoed Councilmember Lopez’s request regarding future community meetings and expressed gratitude to Chief Rodriguez for his efforts putting forth the policy. Councilmember Phan expressed gratitude to Commander Sorenson and acknowledged the department for taking responsibility for previous shortcomings while demonstrating a commitment to fixing the issue. She requested clarification on the purpose of each equipment item and emphasized the importance of transparency. She voiced support for Ordinance No. 3020 regarding the use of equipment when necessary and confirmed there have been no discussions within the City Council about purchasing drones. Councilmember Bacerra requested data regarding hate crimes be presented on the City website and echoed Councilmember Phan’s comments. Councilmember Hernandez spoke in opposition to the item, voic ed concerns regarding the potential harm to the community from the use of military equipment and the need for compliance, and asked when the protocol for deploying equipment is applied in a given situation. Chief Rodriguez stated proper approval from the commander is required for certain situations, such as SWAT deployments. City Council 5 – 11 9/16/2025 CITY COUNCIL 12 AUGUST 19, 2025 Mayor Amezcua requested clarification regarding incidents where equipment was deployed and categorized as a force option in the report, whether the department had received any community complaints or noted any loss of life related to the use of equipment, and under what circumstances an armored vehic le could be deployed. She echoed Councilmember Lopez’s comments regarding accessibility for future community meetings and requested translators be available in Spanish and Vietnamese. She spoke in support of the item and thanked the Santa Ana Police Department for their service. Commander Sorenson clarified the data is based on deployment versus employment, such as incidents where rifles were removed from vehicles or deployed during a SWAT call but not used as a force option. He confirmed the department had not received any community complaints and there had been no loss of life due to the equipment. He provided an example of using a high -speed pursuit intervention to block an individual and safely end ing the pursuit without endangering the community. Councilmember Lopez requested clarification regarding the most recent report covering May 2024 to April 2025 and not including data from the month of May, while previous reports (May 2023–May 2023 and May 2023–May 2024) did. She asked why the reported cost of military equipment has remained the same each year in the data. Commander Sorenson stated there was a misprint in the report and clarified the data covers the periods of May 1, 2022 – May 1, 2023; May 1, 2023 – April 30, 2024; and May 1, 2024 – April 30, 2025. He explained when the report was printed, “April” was listed instead of “May,” and confirmed the data reflects the full month of April, not May. He noted that future reports should display the periods as May 1 – April 30, explained annual costs, and stated the department has not ordered any new military equipment. Mayor Pro Tem Vazquez stated the City should prioritize investing in youth programs and community sports rather than the police department and its equipment. MOTION: Councilmember Phan moved to approve the recommended action for Item No. 10, seconded by Councilmember Bacerra. The motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, MAYOR PRO TEM VAZQUEZ NONE NONE City Council 5 – 12 9/16/2025 CITY COUNCIL 13 AUGUST 19, 2025 Status: 4 – 3 – Pass 10. Agreement with O2X Human Performance, LLC for On-Site Physical Health and Wellness Services (Specification No. 25-104) (Non-General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with O2X Human Performance, LLC to provide on-site physical health and wellness services in an amount not to exceed $215,000, for a one -year term beginning September 1, 2025 and expiring August 31, 2026 (Agreement No. A-2025-134). 11. Fourth Amendment to Agreement with Siemens Industry, Inc. (Non-General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a fourth amendment to the agreement with Siemens Industry, Inc. for the installation of additional security camera infrastructure on Bristol Street and extending the agreement for an additional two (2) month period from November 1, 2025 through December 31, 2025, in the additional amount of $42,274 for a total aggregate amount not to exceed $3,462,144 (Agreement No. A-2025-135). 12. Agreement with Immigrant Defenders Law Center for Immigration Legal Defense Services (Specification No. 24-137) (General Fund) Department(s): City Manager’s Office Recommended Action: Authorize the City Manager to execute an agreement with Immigrant Defenders Law Center to provide immigration legal defe nse services to Santa Ana residents in the amount of $250,000 for the term of August 19, 2025 to August 18, 2026, with provisions for two, one -year extensions at an amount of $250,000 per extension, for a total aggregate amount not to exceed $750,000 over a three-year period (Agreement No. A-2025-136). 13. Agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and Orangewood Foundation for Services Coordination for Transitional Age Youth and Former Foster Youth (Specification No. 25-057A) Department(s): Community Development Agency Recommended Action: Approve and authorize the execution of an agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and Orangewood Foundation to provide services coordination for transitional age youth and former foster youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessness and who have been matched with a Foster Youth to Independence voucher, in an amount not to exceed $632,839, fo r a three-year term beginning August 19, 2025, and expiring August 18, 2028, with the option for a one - City Council 5 – 13 9/16/2025 CITY COUNCIL 14 AUGUST 19, 2025 year extension. (Agreement No. A-2025-137) (related to Housing Authority Agenda Item No. 3) MINUTES: Mayor Amezcua asked whether other cities are implementing initiatives for transitional-age youth and whether the allocated amount would be sufficient for the youth, and suggested potentially partnering with other cities as part of the project. Community Development Director Mike Garcia stated the 10% of HHAP funding is required to be set aside for cities that receive these funds and the allocation is formulated based on the City’s demographics, with those funds directed toward this specific population. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 14, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE COUNCILMEMBER HERNANDEZ Status: 6 – 0 – 0 – 1 -– Pass 14. Agreement with MDG Associates, Inc. to Provide On-Call Comprehensive Financial, Grant Monitoring, Administrative, and Technical Support Services for the CDBG, HOME, and ESG Programs (General & Non-General Funds) (Specification No. 25-076A) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with MDG Associates, Inc. to provide on-call comprehensive financial, grant monitoring, administrative, and technical support services for the Community Development Block Grant, HOME Investment Partnerships Program, and Emer gency Solutions Grant Program in an amount not to exceed $300,000 over a three -year period, beginning August 19, 2025 and expiring June 30, 2028, with the option for an extension (Agreement No. A-2025-138). 15. Agreement with KABOOM! to Provide Updated Playground Equipment at Sandpointe Park Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to approve a community partner agreement with KABOOM!, Inc. for new playground equipment at City Council 5 – 14 9/16/2025 CITY COUNCIL 15 AUGUST 19, 2025 Sandpointe Park in the amount of $8,500 (Agreement No. A-2025-139). MINUTES: Councilmember Bacerra spoke in support of the item, inquired regarding the start date, and thanked the KABOOM Foundation for their collaboration. Parks, Recreation, and Community Services Director Hawk Scott confirmed the event will take place on October 11, 2025. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 16, seconded by Mayor Amezcua. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE COUNCILMEMBER HERNANDEZ Status: 6 – 0 – 0 – 1 – Pass 16. Amendment to the Bristol-Tolliver Street Urban Greening Project Cost Analysis to add $115,000 in Residential Development District 4 - Acquisition and Development funds and $176,000 in Community Development Block Grant Funds for a New Total Construction Delivery Cost of $4,872,808 and Change Order to add $115,000 to an Existing Construction Contract with Legion Contractors, Inc., for the Construction of the Basketball Court at the Project (Project No. 24-6600) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Bristol-Tolliver Street Urban Greening Project Cost Analysis to add $115,000 in Residential Development District 4 - Acquisition and Development funds, and $176,000 in Community Development Block Grant funds for a new total construction delivery cost of $4,872,808. 2. Approve a Change Order to add $115,000 to an existing construction contract with Legion Contractors, Inc., for the construction of the basketball court at the Bristol-Tolliver Street Urban Greening Project. 17. Service Agreements for Fire Alarm and Sprinkler Systems Inspection, Repair, and Maintenance Services (General Fund & Non-General Fund) Department(s): Public Works Agency City Council 5 – 15 9/16/2025 CITY COUNCIL 16 AUGUST 19, 2025 Recommended Action: Approve service agreements with Viking Automatic Sprinkler Company dba Kimble Fire Protection, Bernel, Inc. dba VFS Fire & Security, HCI Systems, Inc., and Cal Building Systems, to provide as -needed fire alarm and sprinkler systems inspection, repair, and maintenance services for shared aggregate not-to-exceed total of $880,000 for the term beginning September 1, 2025 and expiring August 31, 2028, with a provision for one, two -year extension (Core Agreement No. A-2025-140). MINUTES: Councilmember Phan recused herself from Agenda Item No. 18 as the listed entity, Bernel, Inc. dba VFS Fire & Security, is a client of her employer, Rutan and Tucker. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 18 as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE COUNCILMEMBNER PHAN (recusal) NONE Status: 6 – 0 – 0 – 1 – Pass 18. Encampment Delegated Maintenance Agreement with the California Department of Transportation for Right-of-Way Maintenance Services and Appropriation of $400,000 in Reimbursement Funding (Project No. 26-6423) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an Encampment Delegated Maintenance Agreement with the California Department of Transportation for the City to provide encampment abatement, litter and debris removal, weed abatement, and graffiti removal within Caltrans’ right-of-way, with Caltrans reimbursing the City up to $200,000 annually for two years through June 30, 2027 for a total amount not to exceed $400,000 (Agreement No. A-2025-141). 2. Approve an appropriation adjustment in the amount of $400,000 to the Public Works Agency Services, Contract Services-Professional expenditure account (No. 05317021-62300), funded by reimbursements recorded in the City Services Expense Reimbursement revenue account (No. 05317002-57000) (Requires five affirmative votes). City Council 5 – 16 9/16/2025 CITY COUNCIL 17 AUGUST 19, 2025 3. Authorize the City Manager to execute the Agreement and any subsequent related documents, including amendments and exhibits, in a form approved by the City Attorney. MINUTES: Councilmember Bacerra thanked staff for their help in bringing the item for consideration and spoke in support of the item. Mayor Amezcua thanked City staff for all their hard work, spoke in support of the item, and asked how the MySantaAna App would reflect the Caltrans request page. City Manager Alvaro Nuñez stated requests through the app do not need to provide additional information. Councilmember Lopez spoke in support of the item and thanked city staff for their hard work and efforts. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 19, seconded by Mayor Amezcua. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE COUNCILMEMBER HERNANDEZ Status: 6 – 0 – 0 – 1 – Pass 19. Resolution and Agreement Authorizing Police Corporal Ryan Johnson to Purchase a Retired Santa Ana Police Department K-9 Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Corporal Ryan Johnson and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9. RESOLUTION NO. 2025-038 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN CORPORAL RYAN JOHNSON AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A RETIRED SANTA ANA POLICE DEPARTMENT K-9 2. Authorize the City Manager to execu te a purchase agreement with Santa Ana Police Corporal Ryan Johnson for the sale of a retired Police Department K -9 in City Council 5 – 17 9/16/2025 CITY COUNCIL 18 AUGUST 19, 2025 the amount of $1 (Agreement No. A-2025-142). **END OF CONSENT CALENDAR** MINUTES: At 10:16 P.M., the Business Calendar was considered. 20. Nominate and Appoint a Representative to the Upper Newport Bay Watershed Executive Committee and an Alternate to the Santa Ana River Flood Protection Agency Department(s): City Clerk’s Office Recommended Action: 1. Nominate and appoint a representative to the Upper Newport Bay Watershed Executive Committee. 2. Nominate and appoint an alternate to the Santa Ana River Flood Protection Agency. MOTION: Councilmember Phan moved to nominate and appoint Rudy Rosas as the representative to the Upper Newport Bay Watershed Executive Committee and Cesar Barrera as the alternate to the Santa Ana River Flood Protection Agency, seconded by Mayor Amezcua. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE COUNCILMEMBER HERNANDEZ Status: 6 – 0 – 0 – 1 – Pass **END OF BUSINESS CALENDAR** MINUTES: At 10:19 P.M., the Public Hearings were considered. 21. Public Hearing – Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to amend portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to Group Homes and Land Use Definitions and a Resolution to Amend the BUSINESS CALENDAR PUBLIC HEARINGS City Council 5 – 18 9/16/2025 CITY COUNCIL 19 AUGUST 19, 2025 Miscellaneous Fees Schedule for the Fiscal Year 2025 -2026 to Establish Planning and Building Agency Review Fees for Group Home Special Use Permit Applications and Group Home Operator’s Permit Applications Legal notice published in the OC Reporter on August 8, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2025 -01 and Ordinance Amendment No. 2025-01 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code (SAMC) relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS-3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301(C) 2. Adopt a resolution to establish a Group Home Special Use Permit application review fee and a Group Home Operator’s Permit review fee. RESOLUTION NO. 2025-039 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING FEES FOR A GROUP HOME SPECIAL USE PERMIT AND A GROUP HOME OPERATOR’S PERMIT MINUTES: Mayor Amezcua opened the Public Hearing at 10:20 P.M. City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 22. The following individual addressed the City Council in person: 1. Shahan Suzmeyan spoke in support of the item. Mayor Amezcua closed the Public Hearing at 10:22 P.M. Councilmember Bacerra spoke in support of the item. City Council 5 – 19 9/16/2025 CITY COUNCIL 20 AUGUST 19, 2025 Mayor Amezcua spoke in support of the item. Councilmember Penaloza spoke in support of the item and thanked the leadership in the City of Costa Mesa. Councilmember Lopez spoke in support of the item. MOTION: Councilmember Bacerra moved to approve the recommended action for Public Hearing Item No. 22, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 22. Public Hearing - Zoning Ordinance Amendment No. 2025-02 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to A-Frame Signs Legal notice published in the OC Reporter on August 8, 2025. Department(s): Planning and Building Agency Recommended Action: Adopt an ordinance approving Zoning Ordinance Amendment No. 2025-02 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to A-frame signs. ORDINANCE NO. NS-3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025-02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO A-FRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(C)(2), 15060(c)(3) AND 15061(b)(3) MINUTES: Mayor Amezcua opened the Public Hearing at 10:27 P.M. City Clerk Jennifer L. Hall stated there were no comments. City Council 5 – 20 9/16/2025 CITY COUNCIL 21 AUGUST 19, 2025 Mayor Amezcua closed the Public Hearing at 10:27 P.M. MOTION: Councilmember Hernandez moved to approve the recommended action for Public Hearing Item No. 23, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7– 0 – Pass **END OF PUBLIC HEARINGS** RECESS MINUTES: Mayor Amezcua recessed the City Council meeting and convened the Special Housing Authority meeting at 10:29 P.M. RECONVENE MINUTES: Mayor Amezcua adjourned the Special Housing Authority meeting and reconvened the City Council meeting to order at 10:30 P.M. AGENDA ITEM NO. 24 WITHDRAWN. 23. Public Hearing - Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings Legal notice published in the OC Reporter and mailed on August 6, 2025. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution affirming the Fiscal Year 2024 -2025 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor-Controller, County of Orange. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER’S OFFICE City Council 5 – 21 9/16/2025 CITY COUNCIL 22 AUGUST 19, 2025 MINUTES: City Clerk Jennifer L. Hall announced Public Hearing Agenda Item No. 24 has been withdrawn from consideration as the property owner has paid the outstanding amount. COUNCILMEMBER REQUESTED ITEMS CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nuñez announced the requested Joint Special Meeting could not be scheduled due to scheduling conflicts among the Police Oversight Commission and City Council and suggested Councilmembers and the commission meet with staff individually and the Police Oversight Commission review the proposed amendments on September 11, 2025 and submit a memo or send a representative to the September 16, 2025, City Council meeting. He shared information about the Audas San Fronteras program and upcoming events, including the outdoor library inauguration at Jerome Park, and quarterly bulk item drop-off at Carl Thornton Park and El Salvador Park on August 23, 2025, the Chicano Heritage Festival at Centennial Park on August 24, 2025, the Chicano Heritage Educational Celebration at City Hall on August 29, 2025, and garage sale weekend on September 6–7, 2025. COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Mayor Pro Tem Vazquez spoke regarding field facility use, thanked staff for their hard work, and invited all to attend the Chicano Heritage Festival on Sunday August 24, 2025 at Centennial Park. Councilmember Lopez announced her office hours on Saturday August 23, 2025 from 10:00 A.M. to 11:00 A.M., thanked everyone who participated and attended the Zoofari event, spoke regarding the new school year traffic, wished intern Branden happy early birthday, invited all to attend the Colemena Market on Saturday August 23, 2025 , requested a receive and file for the YMCA building on 3 rd Street, and invited all to attend the celebration of Little Arabia in the City of Anaheim and the Chicano Heritage Festival on Sunday, August 24, 2025 at Centennial Park. Councilmember Lopez left the meeting at 10:43 P.M. Councilmember Penaloza spoke regarding his service on Transportation Corridor and Toll Roads Agency, agreement approved between several agencies for the 241 Toll Road and 91 Toll Road express connector, and stated the project will be a monumental improvement once completed. He thanked staff who worked on the Delhi Library and spoke regarding the field use permits and his impartiality to a fair and democratic selection of approved field use permits. Councilmember Phan spoke regarding the Zoofari event, thanked everyone who made the event a success, commented on the legal clinic her team hosted, announced that City Council 5 – 22 9/16/2025 CITY COUNCIL 23 AUGUST 19, 2025 the Metropolitan Water District of Southern California is currently in the process of interviewing for a new director, and invited anyone who has questions about the process to reach out to her office. Councilmember Bacerra announced his upcoming community office hours will be on Saturday, September 13, 2025 at Adams Park at 10:00 A.M. and Saturday, October 11, 2025 at Sandpointe Park at 10:00 A.M., and reminded everyone to attend the quarterly bulk item drop off on Saturday August 23, 2025 at Carl Thornton Park and El Salvador Park from 9:00 A.M. to 12:00 P.M. Councilmember Hernandez stated the City was the first to declare August as Chicano Heritage Month and invited all to attend the Chicano Heritage Festival on Sunday, August 24, 2025 at Centennial Park and the Jerome Park outdoor library inauguration. He spoke regarding police oversight, accountability, and reported that he is against the disrespect and harassment of police officers and members of the community. Councilmember Hernandez left rhe meeting at 10:59 P.M. Mayor Amezcua requested clarification on the Closed Session actions. City Attorney Sonia Carvalho reported that for item No 1A, Delfina Flores Robles v. City of Santa Ana, et al., the City Council voted 6 -0 (Councilmember Hernandez absent) to settle the case for $150,000. For Item 1B, JBW Enterprise, LLC v. City of Santa Ana, et al., the City Council voted 5 -0 (Councilmembers Hernandez absent and Phan recused). For Item 3, the City Council voted 6 -0 (Councilmember Hernandez absent) for potential censure process with potential legal consequences regarding personnel complaints filed against Councilmember Hernandez to be reported at the City Council meeting October 7, 2025. Mayor Amezcua shared the O range County Transportation Authority will be hosting the following community presentations for the OC Streetcar: at Carver Elementary on August 20, 2025 at 6:30 P.M., Garfield Elementary August 21, 2025 , Lydia Romero- Cruz Academy, and Santa Ana High School, August 28, 2025 at Comlink, and will have a booth at Fiestas Patrias on September 13 th and 14th. She invited everyone to attend the Jerome outdoor library ribbon cutting ceremony on August 21, 2025, commented on the approval of field use permits, reported the most recurring topics during her community meetings are: homeless issues, crime, streets, and housing, and reported that on August 8, 2025, she met with the Los Angeles City Attorney, Hydee Feldstein, to help expand the coalition of cities joining the lawsuit against the federal government over recent immigration enforcement in California. She thanked everyone who attended the meeting. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 11:03 P.M. City Council 5 – 23 9/16/2025 CITY COUNCIL 24 AUGUST 19, 2025 Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk City Council 5 – 24 9/16/2025 Community Development Commission 5 5/28/2025 Community Development Commission Regular Meeting Minutes May 28, 2025 CALL TO ORDER Chairperson Padilla Commission members present: Enrique Adame (arrived at 4:46 PM) Alfonso Ceja Villa Claudio Gallegos Ana Laura Padilla Dwayne Shipp Commission members absent: Idalia Rios Vivian Wilhelm Staff: Michael Garcia, Executive Director Judson Brown, Housing Division Manager David Flores, Housing Authority Coordinator Bianca Zurita, Recording Secretary PUBLIC COMMENTS – None CONSENT CALENDAR ITEMS 1. Excuse Commission Member(s) absence(s) Recommended Action: Excuse the absent Commissioner(s). 2. Minutes from the Special Meeting of March 5, 2025 Recommended Action: Approve minutes. Moved by Commissioner Gallegos, seconded by Commissioner Padilla to Approve Consent Calendar items. YES: 4 – Ana Laura Padilla, Claudio Gallegos, Alfonso Ceja Villa, Dwayne Shipp NO: 0 – ABSTAIN: 0 – ABSENT: 3 – Idalia Rios, Vivian Wilhelm, Enrique Adame Status: 4 – 0 – 0 – 3 – Pass City Council 6 – 1 9/16/2025 Community Development Commission 5 5/28/2025 ***END OF CONSENT CALENDAR*** BUSINESS CALENDAR 3. Public Hearing – Approve the Fiscal Year 2025-29 Five-Year Consolidated Plan, Fiscal Year 2025-26 Annual Action Plan and Budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and Authorize Submission to the U.S. Department of Housing and Urban Development; Receive and file the Fiscal Year 2025-29 Regional Assessment of Fair Housing Published in the OC Register, La Opinion, and Nguoi Viet on April 28, 2025 Recommended Action: 1. Recommend the City Council approve the Fiscal Year 2025-29 Five-Year Consolidated Plan and Fiscal Year 2025-2026 Annual Action Plan, and authorize the City Manager to submit to the U.S. Department of Housing and Urban Development. 2. Recommend the City Council approve the Fiscal Year 2025-26 budgets for the Community Development Block Grant Program in the total amount of $4,190,178, and $176,300 of prior years resources, HOME Investment Partnerships grant in the amount of $1,159,062, and Emergency Solutions Grant in the amount of $377,330. 3. Recommend the City Council direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and execute agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a term beginning July 1, 2025 through June 30, 2026. 4. Recommend the City Council direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and execute agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2025 through June 30, 2026. 5. Recommend the City Council receive and file the Fiscal Year 2025-29 Regional Assessment of Fair Housing. Minutes: David Munoz from MDG Associates provided presentation. Commission engaged in Q & A Session. Moved by Commissioner Gallegos, seconded by Commissioner Shipp to Approve. City Council 6 – 2 9/16/2025 Community Development Commission 5 5/28/2025 YES: 5 – Ana Laura Padilla, Claudio Gallegos, Alfonso Ceja Villa, Dwayne Shipp, Enrique Adame NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Idalia Rios, Vivian Wilhelm Status: 5 – 0 – 0 – 2 – Pass ***END OF BUSINESS CALENDAR*** COMMENTS 4. Staff member comments Minutes:  Judson – Expressed appreciation to David and MDG for their presentation, noting it as the most significant community outreach to date. Commended David on successfully completing the Consolidated Plan and Action Plan.  Michael Garcia – Recognized the appointment of the new commissioner and offered a warm welcome. 5. Commission member comments Minutes:  Commissioner Gallegos – extended a warm welcome to the newly appointed commissioner.  Commissioner Shipp – thanked staff for their continued hard work and dedication.  Commissioner Ceja Villa – welcomed the incoming commissioner.  Commissioner Padilla – thanked staff for the presentation and expressed appreciation for the funding distribution. She shared enthusiasm about upcoming updates on Economic Development efforts supporting both current and new businesses.  Commissioner Adame – said it was a pleasure to be here and expressed enthusiasm about working with everyone. ADJOURNMENT The next regular meeting of the Community Development Commission is scheduled for June 25, 2025 at 4:30 PM in the Council Chamber. City Council 6 – 3 9/16/2025 Community Development Commission 4 7/23/2025 Community Development Commission Regular Meeting Minutes July 23, 2025 CALL TO ORDER Chairperson Padilla Commission members present: Enrique Adame Claudio Gallegos Ana Laura Padilla Dwayne Shipp Vivian Wilhelm Commission members absent: Alfonso Ceja Villa Staff: Michael Garcia, Executive Director Judson Brown, Housing Division Manager Bianca Zurita, Recording Secretary PUBLIC COMMENTS – None PRESENTATIONS 1. Comprehensive Zoning Code Update Presentation Minutes: Siri Champion, Senior Planner, facilitated the presentation. 2. Powers, Duties & Responsibilities Presented by City Attorney’s Office Staff Minutes: Andrea Garcia-Miller, Assistant City Attorney, provided training. CONSENT CALENDAR ITEMS 3. Excuse Commission Member(s) absence(s) Recommended Action: Excuse the absent member. 2-1 City Council 6 – 4 9/16/2025 Community Development Commission 4 7/23/2025 4.Regular meeting minutes of May 28, 2025 Recommended Action: Approve minutes. Moved by Commissioner Gallegos, seconded by Commissioner Adame to Approve Consent Calendar items. YES: 5 – Ana Laura Padilla, Claudio William Gallegos, Vivian Wilhelm, Dwayne Shipp, Enrique Adame NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Alfonso Ceja Villa Status: 5 – 0 – 0 – 1 – Pass ***END OF CONSENT CALENDAR*** BUSINESS CALENDAR 5.Election of Officers for the Community Development Commission for the 2025- 2026 Term Recommended Action: Elect a Chairperson and Vice Chairperson of the Community Development Commission to serve for the 2025-2026 term. Minutes: Commissioner Gallegos nominated Chair Padilla to continue serving for another year. Chair Padilla nominated Commissioner Gallegos to serve as Vice-Chair. Moved by Commissioner Gallegos and Padilla, seconded by Commissioner Shipp and Adame to Approve the nominations. YES: 5 – Ana Laura Padilla, Claudio William Gallegos, Vivian Wilhelm, Dwayne Shipp, Enrique Adame NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Alfonso Ceja Villa Status: 5 – 0 – 0 – 1 – Pass ***END OF BUSINESS CALENDAR*** 2-2 City Council 6 – 5 9/16/2025 Community Development Commission 4 7/23/2025 COMMENTS 6. Staff member comments Minutes: Michael Garcia extended an invitation to the Commission to attend the August 5th City Council meeting in support of the agreement with Orangewood to assist transitional age youth and former foster youth. Michael Garcia also noted that a contract with MDG Advisers for HUD monitoring is anticipated to be presented on August 19th. 7. Commission members comments Minutes:  Commissioner Adame – congratulated Chair Padilla and new Vice-Chair Gallegos on their appointments.  Commissioner Wilhelm - congratulated Chair Padilla and new Vice-Chair Gallegos on their appointments.  Shipp – Acknowledged and thanked staff for their presentations.  Padilla – expressed gratitude to the Commission for their trust in reappointing her for another year as Chair. ADJOURNMENT The next meeting of the Community Development Commission is scheduled for August 27, 2025 at 4:30 PM in the Council Chamber. 2-3 City Council 6 – 6 9/16/2025 Youth Commission 1 2/6/2025 Youth Commission Special Meeting Minutes February 6, 2025 Santa Ana Senior Center 424 W 3rd St, Santa Ana, CA 92701 6:00 PM CALL TO ORDER Chairperson Wyatt Malfavon ATTENDANCE Youth Commission Members: Edith Hernandez Neylen Muñoz Emily ParraDiaz Cat Pham Adrian Ramirez Mercy Benitez, ViceChairperson Wyatt Malfavon, Chairperson Staff: Hawk Scott, Executive Director Hannah Wayne, Recording Secretary Minutes: Chairperson Wyatt Malfavon called the Youth Commission Special Meeting to order at 6:06 P.M. ROLL CALL Hannah Wayne, Recording Secretary Minutes: Recording Secretary Hannah Wayne conducted roll call. All Youth Commissioners were present. PLEDGE OF ALLEGIANCE Chairperson Wyatt Malfavon Minutes: Chairperson Wyatt Malfavon led the Pledge of Allegiance. City Council 6 – 7 9/16/2025 Youth Commission 2 2/6/2025 PRESENTATION MINUTES: Parks, Recreation and Community Services Executive Director Hawk Scott presented the Santa Ana Zoo Employee of the Year to Jennifer Orrison. PUBLIC COMMENTS MINUTES: No public comments received. CONSENT CALENDAR ITEMS MINUTES: At 6:15 P.M., the Consent Calendar was considered. MOTION: Youth Commissioner Parra-Diaz moved to approve Consent Calendar Item Nos. 1 and 2, seconded by Vice Chairperson Benitez The motion carried, 700, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: YOUTH COMMISSIONER HERNANDEZ, YOUTH COMMISSIONER MUÑOZ, YOUTH COMMISSIONER PARRADIAZ, YOUTH COMMISSIONER PHAM, YOUTH COMMISSIONER RAMIREZ, VICE CHAIRPERSON BENITEZ, CHAIRPERSON MALFAVON NONE NONE Status: 7 – 0 – 0 – Pass 1. Minutes from the Regular Meeting of November 18, 2024. Recommended Action: Approve minutes. 2. Excuse Absences Recommended Action: Approve excused absences. ***END OF CONSENT CALENDAR*** BUSINESS CALENDAR 3. Proposal for a Youth’s Recognition Program. MINUTES: Youth Commissioner Ramirez proposed for the youth commission to recognize outstanding youth that are impacting Santa Ana similarly to how we recognize employees of the month. Parks, Recreation and Community Services Executive Director Hawk Scott responded that he will look into that and report back. 4. Proposals to bring more Educational Opportunities to the Youth of Santa Ana. City Council 6 – 8 9/16/2025 Youth Commission 3 2/6/2025 MINUTES: Youth Commissioner Ramirez proposed to create programs for youth to explore and/or further their education like workforce readiness, STEM. Parks, Recreation and Community Services Deputy Director Tim Pagano responded with programming that is currently in place, including the Life Guard program. Parks, Recreation and Community Services Zoo Deputy Director Ethan Fisher presented opportunities available from the Santa Ana Zoo programs and work center. Library Services Director Brian Sternberg presented the available library programs on work education, STEM, and youth internship opportunities. Commissioner Parra-Diaz suggested to collaborate as a youth commission with the resources they all have and put together a shareable document. Parks, Recreation and Community Services Executive Director Hawk Scott responded that he will look into that and report back. ***END OF BUSINESS CALENDAR*** INFORMATIONAL ITEMS 5. Santa Ana Public Library Staff Report MINUTES: Library Services Director Brian Sternberg presented the Santa Ana Public Library Report. Youth Commissioner Pham asked about the blind date with a book program and Youth Commissioner Ramirez asked about the library volunteer program and how to create a workshop. Library Services Director Brian Sternberg responded that there is a teen leadership committee, and mentioned that volunteering is a great way to get involved. 6. Santa Ana Zoo Staff Report MINUTES: Parks, Recreation and Community Services Zoo Deputy Director Ethan Fisher presented the Santa Ana Zoo Staff Report. Youth Commissioner Parra-Diaz commented about the primate aspect of the zoo and hopes to have the youth experience close up interactions. Chair Malfavon asked about the river otter project and Youth Commissioner Ramirez asked about school programs. Parks, Recreation and Community Services Zoo Deputy Director Ethan Fisher responded that the river otter exhibit is still currently under construction and detailed the various programs in place and career day requests that they have. City Council 6 – 9 9/16/2025 Youth Commission 4 2/6/2025 COMMISSIONER COMMENTS MINUTES: Youth Commissioner Pham thanked Parks, Recreation and Community Services Zoo Deputy Director Ethan Fisher for his presentation. Youth Commissioner Parra-Diaz enjoys the meetings and asked to continue to pull together resources from the youth commission members. Youth Commissioner Munoz thanked Parks, Recreation and Community Services Zoo Deputy Director Ethan Fisher for his presentation. Youth Commissioner Hernandez is interested in learning more about the zoo. Youth Commissioner Ramirez thanked everyone for their staff reports, and likes to see all that is happening with programs and the city. Vice Chairperson Benitez thanked the speakers. Chairperson Malfavon thanked everyone for their presentations and attendance. EXECUTIVE DIRECTOR COMMENTS MINUTES: Parks, Recreation and Community Services Executive Director Hawk Scott suggested special meetings with the Aquatics team and a tour of the Santa Ana Zoo, then introduced Juan Lara who oversees the Senior programs. Senior Services Supervisor Juan Lara gave an overview of what he does for the senior services and programs and answered the youth commissioner questions about senior programs. ADJOURNMENT MINUTES: Parks, Recreation and Community Services Executive Director Hawk Scott established the next meeting to be a special joint meeting of the Parks, Recreation and Community Services Commission and Youth Commission on March 8th, 2025 at 3 P.M. at the Santa Ana Zoo. Chairperson Malfavon adjourned the Youth Commission meeting at 7:11 P.M. Respectfully submitted: _________________________ Hannah Wayne Recording Secretary City Council 6 – 10 9/16/2025 Parks, Recreation, and Community Services and Youth Commissions 1 03/08/2025 Parks, Recreation, and Community Services Commission and Youth Commission Joint Special Meeting Minutes March 8, 2025 Santa Ana Zoo, 1801 E. Chestnut Ave., Santa Ana, CA 92701 3:00 PM CALL TO ORDER Youth Chairperson Wyatt Malfavon ATTENDANCE Parks, Recreation, and Community Services Commission Members: Selica Diaz Josh Jogwe Cory Nelson Silvia Reyes Ruby Woo Maria Zacarias Torres, Vice Chair Roberto Herrera, Chair Youth Commission Members: Edith Hernandez Neylen Muñoz Emily ParraDiaz Cat Pham Adrian Ramirez Mercy Benitez, Vice Chair Wyatt Malfavon, Chair Staff: Hawk Scott, Executive Director Ethan Fisher, PRCSA Deputy Director, Zoo Jennifer L. Hall, Recording Secretary City Council 6 – 11 9/16/2025 Parks, Recreation, and Community Services and Youth Commissions 2 03/08/2025 Minutes: Youth Commission Chairperson Wyatt Malfavon called the Joint Special Meeting of the Parks, Recreation, and Community Services Commission and the Youth Commission to order at 3:08 P.M. ROLL CALL Jennifer L. Hall, Recording Secretary Minutes: Recording Secretary Jennifer L. Hall conducted roll call. Parks, Recreation, and Community Services Commissioners Diaz, Jogwe, Nelson, and Reyes, and Vice Chairperson Zacarias Torres were present. Commissioner Woo and Chair Herrera were absent. Youth Commissioners Parra-Diaz and Ramirez, Vice Chairperson Benitez (arrived at 3:14 P.M.), and Chairperson Malfavon were present. Commissioners Hernandez, Muñoz, and Pham were absent. PUBLIC COMMENTS Minutes: No public comments received. INFORMATIONAL ITEMS 1. Santa Ana Zoo Tour Minutes: Deputy Parks, Recreation, and Community Services Director (Zoo) Ethan Fisher, Zoo Curator of Education Lauren Bergh, and Zoo Animal Care Manager Jennifer Walker provided a tour of the Santa Ana Zoo and answered questions from the commissioners. ADJOURNMENT Minutes: Youth Commission Chairperson Malfavon adjourned the Joint Special Meeting of the Parks, Recreation, and Community Services Commission and the Youth Commission meeting at 5:00 P.M. Respectfully submitted: _________________________ Jennifer L. Hall, CMC Recording Secretary City Council 6 – 12 9/16/2025 Youth Commission 1 3/17/2025 Youth Commission Regular Meeting Minutes March 17, 2025 City Council Chamber 22 Civic Center Plaza Santa Ana, CA 92701 6:00 PM City Council 6 – 13 9/16/2025 Youth Commission 6 3/17/2025 CALL TO ORDER Chairperson Wyatt Malfavon ATTENDANCE Youth Commission Members: Edith Hernandez Neylen Muñoz Emily Parra-Diaz Cat Pham Adrian Ramirez Mercy Benitez, Vice Chair Wyatt Malfavon, Chair Staff: Hawk Scott, Executive Director Timothy Pagano, PRCSA Deputy Director Jorge Acevedo, Park Services Superintendent Suzi Furjanic, Associate Park and Landscape Planner Hannah Wayne, Recording Secretary MINUTES: Chairperson Wyatt Malfavon called the Youth Commission Special Meeting to order at 6:03 P.M. ROLL CALL Hannah Wayne, Recording Secretary MINUTES: Recording Secretary Hannah Wayne conducted roll call. Youth Commissioners Pham, Parra-Diaz, Ramirez, Vice Chair Benitez (arrived at 6:21 p.m.) and Chair Malfavon were present. Youth Commissioners Hernandez and Muñoz were absent. PLEDGE OF ALLEGIANCE Chairperson MINUTES: Chairperson Wyatt Malfavon led the Pledge of Allegiance. City Council 6 – 14 9/16/2025 Youth Commission 6 3/17/2025 PRESENTATIONS Budget Office Presentation MINUTES: Senior Budget Analyst Anne Do presented the City of Santa Ana Budget Office Presentation to the Youth Commission. Each Youth Commissioner shared their top City of Santa Ana Budget priorities including youth and teen programming, the Santa Ana Zoo, and community centers as feedback for the Budget Office survey. PUBLIC COMMENTS MINUTES: Sofia May provided an in person public comment sharing the impact of the Assisteens Book Fest and inviting more 7th to 12th graders to be part of the efforts in bringing the community together through literacy, leadership, and service. CONSENT CALENDAR ITEMS MINUTES: At 6:26 P.M., the Consent Calendar was considered. MOTION: Vice Chairperson Benitez moved to approve Consent Calendar Item Nos. 1 through 3, seconded by Youth Commissioner Ramirez. The motion carried, 5-0-0-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: YOUTH COMMISSIONER PARRA-DIAZ, YOUTH COMMISSIONER PHAM, YOUTH COMMISSIONER RAMIREZ, VICE CHAIRPERSON BENITEZ, CHAIRPERSON MALFAVON NONE NONE YOUTH COMMISSIONER HERNANDEZ, YOUTH COMMISSIONER MUÑOZ Status: 5 – 0 – 0 – 2 Pass 1. Minutes from the Special Meeting of February 6th, 2025. Recommended Action: Approve minutes. 2. Minutes of the Special Meeting of March 8th, 2025. Recommended Action: Approve minutes. 3. Excuse Absences. Recommended Action: Approve excused absences. City Council 6 – 15 9/16/2025 Youth Commission 6 3/17/2025 ***END OF CONSENT CALENDAR*** INFORMATIONAL ITEMS 4. Parks, Recreation and Community Services Budget. MINUTES: Parks, Recreation and Community Services Executive Director Hawk Scott presented the Parks, Recreation and Community Service Budget. Vice Chairperson Benitez was accepted into an organization where she can create a non-profit organization and would like to partner with the Parks and Recreation Athletics department to create a volleyball camp for 4th and 5th graders. Commissioner Parra-Diaz asked about the Santa Ana Zoo. Executive Director Scott explained all planned upgrades, improvements and upcoming projects for the Santa Ana Zoo. 5. Parks and Facilities Staff Report. MINUTES: Public Services Superintendent Jorge Acevedo presented the Public Works Agency report detailing park improvements, lighting updates, stadium seating updates, as well as, overall accomplishments of public works. Associate Park and Landscape Planner Suzi Furjanic presented the Park Planning report explaining the structure of the team and the differences between current planning and advanced planning. Youth Commissioner Parra-Diaz commented about the Willard Park outreach and the Chepas Park history. Youth Commissioner Ramirez asked about the El Salvidor restrooms renovation timeline. Associate Park and Landscape Planner Furjanic said they can get that information, but it’s probably a couple of months. Youth Commissioner Pham asked about the budget of the park improvements and events. Executive Director Scott and Associate Park and Landscape Planner Furjanic provided budget details for the various departments and the grants they receive. 6. Parks, Recreation and Community Services Staff Report. City Council 6 – 16 9/16/2025 Youth Commission 6 3/17/2025 MINUTES: Park, Recreation and Community Services Deputy Director Tim Pagano presented the Parks, Recreation and Community Services Staff Report. Youth Commissioner Parra-Diaz asked about the age range for Athletics and about the CPR classes with the Aquatics department. Vice Chairperson Benitez asked about the track meet age range as well. Deputy Director Pagano responded that the Athletics programs usually cap at 12 years old and the Aquatics section is a great opportunity for students interested in health care starting at age 16. Chair Malfavon asked about the all access park. Deputy Director Pagano provided more information about the Kiwanis club vision behind the park. EXECUTIVE DIRECTOR COMMENTS MINUTES: Parks, Recreation and Community Services Executive Director Hawk Scott commented that the 5K/10K is open for registration, the Brew at the Zoo is on May 10th and thanked the commissioners that attended the Special Meeting at the Zoo on March 8th. COMMISSIONER COMMENTS MINUTES: Youth Commissioner Pham asked about the Santa Ana fun run volunteer opportunities. Vice Chairperson Benitez thanked the first public speaker we had and enjoyed the meeting. Chairperson Malfavon thanked all for the presentations and the first public speaker. ADJOURNMENT The next meeting of the Youth Commission is scheduled for Monday, April 21st, 2025 at 6:00 p.m. at the Newhope Library, 122 N Newhope St, Santa Ana, CA 92703. MINUTES: Chairperson Malfavon adjourned the Youth Commission meeting at 7:44 P.M. Respectfully submitted: _________________________ Hannah Wayne Recording Secretary City Council 6 – 17 9/16/2025 Youth Commission 1 4/21/2025 Youth Commission Regular Meeting Minutes April 21, 2025 Newhope Library 122 N Newhope St, Santa Ana, CA 92703 6:00 PM City Council 6 – 18 9/16/2025 Youth Commission 5 4/21/2025 CALL TO ORDER Chairperson ATTENDANCE Youth Commission Members: Edith Hernandez Neylen Muñoz Emily Parra-Diaz Cat Pham Adrian Ramirez Mercy Benitez, Vice-Chairperson Wyatt Malfavon, Chairperson Staff: Brian Sternberg, Library Services Director Ethan Fisher, PRCSA Deputy Director, Zoo Hannah Wayne, Recording Secretary MINUTES: Chairperson Wyatt Malfavon called the Youth Commission Special Meeting to order at 6:01 P.M. ROLL CALL Hannah Wayne, Recording Secretary MINUTES: Recording Secretary Hannah Wayne conducted roll call. Youth Commissioners Hernandez (arrived at 6:13 p.m.), Muñoz, Pham (arrived at 6:07 p.m.), Parra-Diaz, Vice Chair Benitez and Chair Malfavon were present. Youth Commissioner Ramirez was absent. PLEDGE OF ALLEGIANCE Chairperson MINUTES: Chairperson Malfavon led the Pledge of Allegiance. PUBLIC COMMENTS MINUTES: There were no public comments. City Council 6 – 19 9/16/2025 Youth Commission 5 4/21/2025 CONSENT CALENDAR ITEMS MINUTES: At 6:03 P.M., the Consent Calendar was considered. MOTION: Vice Chairperson Benitez moved to approve Consent Calendar Item Nos. 1 and 2, seconded by Chairperson Malfavon. The motion carried, 4-0-0-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: YOUTH COMMISSIONER MUÑOZ, YOUTH COMMISSIONER PARRA-DIAZ, VICE CHAIRPERSON BENITEZ, CHAIRPERSON MALFAVON NONE NONE YOUTH COMMISSIONER HERNANDEZ, YOUTH COMMISSIONER PHAM, YOUTH COMMISSIONER RAMIREZ Status: 4 – 0 – 0 – 3 Pass 1. Minutes from the Regular Meeting of March 17th, 2025. Recommended Action: Approve minutes. 2. Excuse Absences. Recommended Action: Approve excused absences. ***END OF CONSENT CALENDAR*** INFORMATIONAL ITEMS 3. Santa Ana Public Library Budget Presentation. MINUTES: Library Services Director Brian Sternberg presented the Santa Ana Public Library Budget. Youth Commission Member Parra-Diaz asked about outreach. Library Services Director Sternberg explained their various avenues of outreach through social media, school sites, etc. Chair Malfavon asked about the use of AI in libraries and about hot spots. Library Services Director Sternberg explained the research behind implementation of AI into the libraries and the process for using a library hot spot. Youth Commission Member Pham suggested using the Parent Square app. City Council 6 – 20 9/16/2025 Youth Commission 5 4/21/2025 Library Services Director Sternberg said that they reach out through Peach Jar and hope to use Patron Point soon. Chair Malfavon asked if they promote at charter schools. Library Services Director Sternberg said that they do, more in person, there isn’t a digital platform that they know of yet. 4. Santa Ana Public Library Staff Report. MINUTES: Library Services Director Brian Sternberg presented the Santa Ana Public Library Report. 5. Santa Ana Zoo Staff Report. MINUTES: Parks, Recreation and Community Services Zoo Deputy Director Ethan Fisher presented the Santa Ana Zoo Staff Report. Youth Commissioner Parra-Diaz asked about group volunteers. Parks, Recreation and Community Services Zoo Deputy Director Ethan Fisher explained the process. ***END OF INFORMATIONAL ITEMS*** EXECUTIVE DIRECTOR COMMENTS MINUTES: Library Services Director Brian Sternberg spoke of the Dia De Los Niño’s event on Saturday and the Santa Ana Fun Run on May 17th. COMMISSIONER COMMENTS MINUTES: Youth Commission Member Hernandez is excited about the zoo updates and the AI update for the libraries. Youth Commission Member Munoz asked about what vendors are at the party for the planet, Deputy Director Fisher provided various details about the event. Youth Commission Member Parra-Diaz brought up the Remind app and gave more information on the app that the library can use to work with her school. Youth Commission Member Pham, thanked Directors Fisher and Sternberg, and mentioned her school district uses the Parent Square App. Vice Chair Benitez is excited about the fun run and the zoo updates. City Council 6 – 21 9/16/2025 Youth Commission 5 4/21/2025 Chair Malfavon thanked everyone for their participation and reports. ADJOURNMENT The next regular meeting of the Youth Commission is scheduled for May 19th, 2025 at 6:00 p.m. in the City Council Chamber, City Hall, 22 Civic Center Plaza, Santa Ana, CA 92701. MINUTES: Chairperson Malfavon adjourned the Youth Commission meeting at 7:02 P.M. Respectfully submitted: _________________________ Hannah Wayne Recording Secretary City Council 6 – 22 9/16/2025 Parks, Recreation and Community Services Commission 1 1/23/2025 Minutes of the Regular Meeting of the Parks, Recreation and Community Services Commission January 23, 2025 REGULAR OPEN MEETING – 5:30 P.M. City Hall Council Chamber 22 Civic Center Plaza Santa Ana, CA 92701 City Council 6 – 23 9/16/2025 Parks, Recreation and Community Services Commission 8 1/23/2025 CALL TO ORDER MINUTES: Chairperson Herrera called the meeting to order at 5:30 P.M. ATTENDANCE Commission Members: Selica Diaz Josh Jogwe Cory Nelson Silvia Reyes Ruby Woo Maria Zacaria-Torres, Vice Chair Roberto Herrera, Chair Staff: Hawk Scott, Executive Director Brian Sternberg, Library Services Director Timothy Pagano, PRCSA Deputy Director Ethan Fisher, PRCSA Deputy Director, Zoo Suzi Furjanic, Associate Park and Landscape Planner Hannah Wayne, Recording Secretary ROLL CALL Hannah Wayne, Recording Secretary MINUTES: Recording Secretary Wayne conducted roll call. Commissioners Diaz, Jogwe, Nelson, and Woo, Vice Chair Torres and Chair Herrera were present. Commissioner Reyes was absent. PLEDGE OF ALLEGIANCE MINUTES: Chairperson Herrera led the Pledge of Allegiance. PRESENTATIONS Employees of the Month MINUTES: Commissioners presented certificates for Employees of the Month to Julie Hoang, Ulysses Rivera, Gabino Aguilar and Allan Duran and thanked them for their hard work and efforts. Executive Director Scott and Chair Herrera also honored Jesse Soto in person for his 31 years of service to the City of Santa Ana. City Council 6 – 24 9/16/2025 Parks, Recreation and Community Services Commission 8 1/23/2025 PUBLIC COMMENTS MINUTES: Nina Jirik spoke at 5:46 PM about getting a plot of land in Ward 5 Washington Square turned into a walkable park, they are currently working on getting a bid and want to keep it top of mind for the commission. CONSENT CALENDAR ITEMS MINUTES: The Consent Calendar was considered 5:49 P.M. RCOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 4. 1. Minutes of the Regular Meeting of December 5, 2024. Recommended Action: Approve Minutes. 2. Excused absences. Recommended Action: Approve Excused Absences. 3. Santa Ana Zoo Staff Report. Recommended Action: Receive and File. 4. Library Staff Report. Recommended Action: Receive and File. MOTION: Moved by Commissioner Diaz to approve Consent Calendar items 1 through 4, seconded by Commissioner Woo. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COMMISSIONER DIAZ, COMMISSIONER JOGWE, COMMISSIONER NELSON, COMMISSIONER WOO, VICE CHAIR TORRES, CHAIR HERRERA NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER REYES Status: 6 – 0 – 0 – 1 – Pass ***END OF CONSENT CALENDAR*** City Council 6 – 25 9/16/2025 Parks, Recreation and Community Services Commission 8 1/23/2025 INFORMATIONAL ITEMS 5. Parks and Facilities Staff Report. MINUTES: Park Services Superintendent Acevedo presented for Parks and Facilities, reviewing the Sports Field Maintenance Schedule. Commissioner Nelson asked about communication practices with the leagues for field maintenance. Park Services Superintendent Acevedo responded that the schedules are posted anywhere from 3 - 10 months ahead of time for the leagues. Commissioner Diaz asked about Griset Park ownership, entrance location and hours of operation. Parks, Recreation, and Community Services Executive Director Scott explained that Griset Park is a joint use area and Park Services Superintendent Acevedo said there is a pedestrian entrance on the west side and the hours of operation are 6 am – 10 pm. Commissioner Jogwe asked if the Bomo Park will be under construction in March. Parks, Recreation, and Community Services Executive Director Scott responded that they will be starting construction on Bomo Park on March 3rd. Chair Herrera asked where the maintenance schedules are posted, about the historic naming of parks and the Santa Ana winds damages. Parks, Recreation, and Community Services Executive Director Scott responded that the schedules are on the website and that can be accessed via QR codes and the MySantaAna app. He also responded that they are working on documentation of the historic namings of parks. Park Services Superintendent Acevedo offered to provide a report on the Santa Ana wind damages at the end of the season. Associate Park and Landscape Planner Furjanic presented the Park Planning Updates. Commissioner Woo commented that she is excited about the Bristol Recreation Corridor. City Council 6 – 26 9/16/2025 Parks, Recreation and Community Services Commission 8 1/23/2025 Commissioner Diaz asked about sun shades at the 10th St. and Flower park, community input for Griset Park and suggested fees for the 1st and Mountainview park. Associate Park and Landscape Planner Furjanic responded that they plan to include sun shades at the 10th Street park. She also let the commission know that there will be 3 planning meetings to have the community contribute ideas for Griset Park and they will consider the suggestion for developer fees at the 1st and Mountainview park. Commissioner Nelson and Commissioner Jogwe asked about the Bristol Recreation Corridor. Associate Park and Landscape Planner Furjanic spoke in regards to the Bristol Recreation Corridor, how it will be under construction in stages and add to the total park space in Santa Ana. Vice Chair Zacaria-Torres suggested the use of social media for community input on the Griset Park. Commissioner Nelson commended their team for thinking outside the box on the 10th St. project and other projects. Chair Herrera thanked them for their work and asked about the current community engagement outreach plan for projects like the ones presented. Associate Park and Landscape Planner Furjanic responded that there are standard operating procedures and are always looking to improve practices. Vice Chair Zacaria-Torres asked about the Walnut St. urban greening parking spots. Associate Park and Landscape Planner Furjanic responded that they are losing six spots and Commissioner Diaz commented that the parking is for the businesses. Commissioner Nelson supported idea of a comment cards for public input. 6. Parks, Recreation and Community Services Staff Report. MINUTES: Parks, Recreation, and Community Services Deputy Director Pagano presented the Parks Recreation, and Community Services Staff report to the City Council 6 – 27 9/16/2025 Parks, Recreation and Community Services Commission 8 1/23/2025 commission. Commissioner Diaz and Commissioner Nelson asked about the excursion teen program and how it is advertised. Parks, Recreation, and Community Services Deputy Director Pagano responded that its best for teens to be involved with volunteering first to get priority registration and they will try to incorporate more social media when advertising those programs. Commissioner Jogwe asked about the Santa Ana Clipper Night and the Fun Run. Parks, Recreation, and Community Services Deputy Director Pagano explained that it is a discounted tickets night for to Santa Ana residents to attend a Clippers game and the Fun Run has been going since 2019 and there are various distances for all ages. Vice Chair Zacaria-Torres asked about Juneteeth. Parks, Recreation, and Community Services Deputy Director Pagano responded that it is being discussed based off of the current budget. Chair Herrera thanked him for the work and will be attending the TET festival this weekend. They also suggested a partnership with a Segerstrom Center for the Arts for tickets and asked about Movies in the Park locations. Parks, Recreation, and Community Services Deputy Director Pagano responded that he wasn’t sure if the parks had been identified yet for Movies in the Park, but they aim to have one in each ward. Chair Herrera mentioned a public comment about Indigenous People Day. Parks, Recreation, and Community Services Deputy Director Pagano spoke in regards to the comment and will take it into consideration. ***END OF INFORMATIONAL ITEMS*** COMMISSIONER COMMENTS MINUTES: Commissioner Diaz thanked everyone for all that they are doing for Parks and Recreation and especially those doing the grant writing. City Council 6 – 28 9/16/2025 Parks, Recreation and Community Services Commission 8 1/23/2025 Commissioner Nelson thanked all for the programming and mentioned the parks are looking fantastic. Commissioner Woo thanked everyone for the programs and for the parks planning that is happening. She is interested in participating in the sunshine workshops and asked about the OC Connect project. Parks, Recreation, and Community Services Deputy Director Pagano responded that they are still in the early phase of that project and we will get connected once they are in a different phase of the OC Connect project. Vice Chair Zacarias-Torres mentioned the language conversion of MySantaAna App to Spanish and Vietnamese and hopes the Juneteeth event gets included in our budget. Chair Herrera announced that Councilmember Lopez is working with OC habitats hosting a park clean up at Santiago park on Saturday and urged the public to report any I.C.E. activity. EXECUTIVE DIRECTOR COMMENTS MINUTES: Parks, Recreation, and Community Services Executive Director Scott urged the commissioners to go to the Zoo and the TET festival on Saturday, then thanked the commissioners for their support. ADJOURNMENT The next meeting of the Parks, Recreation and Community Services Commission meeting is scheduled for February 27th, 2025 at 5:30 pm at the Santa Ana Senior Center, 424 W 3rd St, Santa Ana, CA 92701. MINUTES: Chair Herrera adjourned the Parks, Recreation and Community Services Commission meeting at 7:17 P.M. Respectfully submitted: Hannah Wayne Recording Secretary City Council 6 – 29 9/16/2025 Parks, Recreation and Community Services Commission 1 2/27/2025 Minutes of the Regular Meeting of the Parks, Recreation and Community Services Commission February 27, 2025 REGULAR OPEN MEETING – 5:30 P.M. Santa Ana Senior Center 424 W 3rd St, Santa Ana, CA 92701 City Council 6 – 30 9/16/2025 Parks, Recreation and Community Services Commission 2 2/27/2025 CALL TO ORDER Chairperson MINUTES: Chairperson Herrera called the meeting to order at 5:37 P.M. ATTENDANCE Commission Members: Selica Diaz Josh Jogwe Cory Nelson Silvia Reyes Ruby Woo Maria Zacaria-Torres, Vice Chair Roberto Herrera, Chair Staff: Hawk Scott, Executive Director Brian Sternberg, Library Services Director Ethan Fisher, PRCSA Deputy Director, Zoo Hannah Wayne, Recording Secretary ROLL CALL Hannah Wayne, Recording Secretary MINUTES: Recording Secretary Wayne conducted roll call. Commissioners Diaz, Jogwe, Nelson, and Woo, Vice Chair Zacarias Torres and Chair Herrera were present. Commissioner Reyes arrived at 5:40 p.m. PLEDGE OF ALLEGIANCE Chairperson MINUTES: Chair Herrera led the Pledge of Allegiance. PRESENTATIONS Parks and Recreation Employee of the Year Employees of the Month MINUTES: Chair Herrera requested to add a presentation to the agenda about Lightning Youth Academy at Jerome Center. MOTION: Moved by Commissioner Nelson, to add to the agenda a presentation about Lightning Youth Academy at Jerome Center, seconded by Commissioner Woo. City Council 6 – 31 9/16/2025 Parks, Recreation and Community Services Commission 3 2/27/2025 The motion carried, 6-0-0-1, by the following roll call vote: AYES: COMMISSIONER DIAZ, COMMISSIONER JOGWE, COMMISSIONER NELSON, COMMISSIONER WOO, VICE CHAIR TORRES, CHAIR HERRERA NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER REYES Status: 6 – 0 – 0 – 1 – Pass MINUTES: Dr. Chalula with Lightning Youth Academy presented a plaque as a thank you to Santa Ana Parks, Recreation and Community Services for Jerome Center and the support they provide to his classes. The Commissioners presented certificates for Employees of the Month to Anthony Cortez, Oscar Gamero, Elle O’Brien and Nathan Vallejo, and thanked them for their hard work and efforts. Executive Director Hawk Scott and Chair Herrera also honored Corilyn Lantz as the Parks, Recreation, and Community Services Employee of the Year. PUBLIC COMMENTS MINUTES: There were no public comments. CONSENT CALENDAR ITEMS MINUTES: The Consent Calendar was considered 6:07 P.M. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Minutes of the Regular Meeting of January 23, 2025. Recommended Action: Approve Minutes. 2. Excused absences. Recommended Action: Approve Excused Absences. MOTION: Moved by Commissioner Diaz to approve Consent Calendar items 1 and 2, seconded by Commissioner Nelson. The motion carried, 7-0-0-0, by the following roll call vote: City Council 6 – 32 9/16/2025 Parks, Recreation and Community Services Commission 4 2/27/2025 AYES: COMMISSIONER DIAZ, COMMISSIONER JOGWE, COMMISSIONER NELSON, COMMISSIONER REYES COMMISSIONER WOO, VICE CHAIR ZACARIAS TORRES, CHAIR HERRERA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 – 0 – 0 – 0 – Pass INFORMATIONAL ITEMS 3. Santa Ana Public Library Staff Report. MINUTES: Library Services Director Brian Sternberg presented the Santa Ana Public Library Staff Report. Commissioner Jogwe asked about the black history month celebration and the digital pathway series, and if the workshops were offered in Spanish. Commissioner Diaz asked how soon future events were finalized and advertised. Commissioner Reyes asked about the youth reading program. Chair Herrera thanked for the celebration of Black History Month and asked about curated book lists, as well as, gender neutral restrooms at Newhope Library. Library Services Director Sternberg responded to all commissioner questions, detailing the offered workshops, upcoming calendar planning, and the curated lists for each celebration month. He also confirmed that there will be gender neutral restrooms at Newhope Library. 4. Santa Ana Zoo Staff Report. MINUTES: Parks, Recreation, and Community Services Zoo Deputy Director Ethan Fisher presented the Santa Ana Zoo Staff Report to the commission. Commissioner Diaz asked about a social media post that she could share with the youth to volunteer at the zoo. Vice Chair Zacarias Torres asked about the Earth Day event. City Council 6 – 33 9/16/2025 Parks, Recreation and Community Services Commission 5 2/27/2025 Chair Herrera, thanked them for the improvements and the Eco Center, and asked about the restrooms in the buildings. Parks, Recreation, and Community Services Zoo Deputy Director Fisher responded that they have two Earth Day events that happen annually and gave details about the restroom stalls. COMMISSIONER COMMENTS MINUTES: Commissioner Diaz thanked the directors for keeping them up to date and was pleased the construction projects were moving along. Commissioner Jogwe was amazed at all that is being done and asked about the show the Zoo was featured in, and about a mural location. Commissioner Nelson asked about the distinction between competitive sports verses recreation sports when it comes to field reservations in Santa Ana. Executive Director Scott responded that he can bring this to a future meeting. Commissioner Woo thanked the directors for the reports and the programs going on and asked about the renovations at El Salvador Park. Vice Chair Zacarias Torres thanked all for the updates and progress. Chair Herrera thanked the team and really liked incorporating more of the community into the meetings, but wants to get the public more engaged in the meetings. They also brought up the budget presentation and policy discussion for the next meeting. EXECUTIVE DIRECTOR COMMENTS MINUTES: Parks, Recreation, and Community Services Executive Director Scott urged the commissioners to go to the Zoo ADJOURNMENT The next meeting of the Parks, Recreation and Community Services Commission is scheduled for Thursday, March 27th, 2025 at 5:30 pm in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA. MINUTES: Chair Herrera adjourned the Parks, Recreation and Community Services Commission meeting at 6:56 P.M. City Council 6 – 34 9/16/2025 Parks, Recreation and Community Services Commission 6 2/27/2025 Respectfully submitted: Hannah Wayne Recording Secretary City Council 6 – 35 9/16/2025 Parks, Recreation and Community Services Commission 1 3/27/2025 Minutes of the Regular Meeting of the Parks, Recreation and Community Services Commission March 27, 2025 REGULAR OPEN MEETING – 5:30 P.M. City Hall Council Chamber 22 Civic Center Plaza, Santa Ana, CA 92701 City Council 6 – 36 9/16/2025 Parks, Recreation and Community Services Commission 8 3/27/2025 CALL TO ORDER Chairperson MINUTES: Chairperson Herrera called the meeting to order at 5:40 P.M. ATTENDANCE Commission Members: Selica Diaz Josh Jogwe Cory Nelson Silvia Reyes Ruby Woo Maria Zacarias Torres, Vice Chair Roberto Herrera, Chair Staff: Hawk Scott, Executive Director Timothy Pagano, PRCSA Deputy Director Jorge Acevedo, Park Services Superintendent Suzi Furjanic, Associate Park and Landscape Planner Hannah Wayne, Recording Secretary ROLL CALL Hannah Wayne, Recording Secretary MINUTES: Recording Secretary Wayne conducted roll call. Commissioners Diaz, Jogwe, Nelson, and Reyes, Vice Chair Zacarias Torres and Chair Herrera were present. Commissioner Woo was absent. PLEDGE OF ALLEGIANCE Chairperson MINUTES: Chair Herrera led the Pledge of Allegiance. PRESENTATIONS Employees of the Month Brown Act Training City Budget Office Presentation MINUTES: The Commissioners presented certificates for Employees of the Month to Jenny Walker, Ayana Luna, Jacob Lambert, Nayeli Carrillo, Jonathon Aguirre, and Cesar Tarin and thanked them for all their hard work and efforts. Deputy City Attorney Brandon Salvatierra from the City’s Attorney Office provided the commission a Brown Act Training presentation. City Council 6 – 37 9/16/2025 Parks, Recreation and Community Services Commission 8 3/27/2025 Budget and Research Manager Shannon McCarron from the City Budget Office presented the City Budget to the Parks, Recreation, and Community Services Commission. Commissioners Jogwe, Reyes and Nelson asked for clarification on a few of the presented items including sales taxes, tariffs, restricted funds and non-restricted funds. Budget and Research Manager McCarron provided further explanation. Commissioner Diaz, Vice Chair Zacarias Torres and Chair Herrera asked about participation in the Budget survey and suggested some collaborations and methods of reaching the public. Chair Herrera also commented about prioritizing Parks, Recreation and Community Services and increasing sources of revenue for events and programs. PUBLIC COMMENTS MINUTES: Scott Peterson came to the stance to speak about his Torque Toss sport and tournament and bringing it to Santa Ana. Gay Olivos spoke about youth and sports volunteers and wanted to introduce herself to the commission, and hopes to encourage more Santa Ana kids at our sport parks. CONSENT CALENDAR ITEMS MINUTES: The Consent Calendar was considered 6:53 P.M. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. 1. Minutes of the Regular Meeting of February 27, 2025. Recommended Action: Approve Minutes. 2. Minutes of the Special Meeting of March 8th, 2025. Recommended Action: Approve Minutes. 3. Excused absences. Recommended Action: Approve Excused Absences. City Council 6 – 38 9/16/2025 Parks, Recreation and Community Services Commission 8 3/27/2025 MOTION: Moved by Commissioner Diaz to approve Consent Calendar items 1 through 3, seconded by Commissioner Nelson. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COMMISSIONER DIAZ, COMMISSIONER JOGWE, COMMISSIONER NELSON, COMMISSIONER REYES, VICE CHAIR ZACARIAS TORRES, CHAIR HERRERA NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER WOO Status: 6 – 0 – 0 – 1 – Pass INFORMATIONAL ITEMS 4. Parks, Recreation and Community Services Budget. MINUTES: Principal Management Analyst Francisco Arroyo presented the Parks, Recreation and Community Services Budget to the Commission. Commissioner Diaz asked about the Parks, Recreation and Community Services events participation, sponsorship and cut events. Principal Management Analyst Arroyo and Executive Director Scott responded mentioning that the Egg Hunt, Summer Concerts and Juneteeth events were cut. Commissioner Jogwe and Chair Herrera inquired about revenue trends and plans to increase revenue. Principal Management Analyst Arroyo responded that revenue has increased despite mid-year reductions and changes in taxes, and Executive Director Scott mentioned ways they hope to increase revenue and make various collaborations. Commissioners Diaz and Reyes asked about various revenue streams for stadium events. Executive Director Scott responded with the research that they have done. Commissioner Nelson asked about field reservations. Executive Director Scott replied that the fees have not changed in a few years and will be increased this year. 5. Parks and Facilities Staff Report. City Council 6 – 39 9/16/2025 Parks, Recreation and Community Services Commission 8 3/27/2025 MINUTES: Park Services Superintendent Jorge Acevedo presented the Park and Facilities Report to the Commission. Commissioner Diaz asked about the stadium seating, opening day and suggested leagues parents doing beautification days at the parks. Vice Chair Zacarias Torres asked about the translation of the MySantaAna app. Park Services Superintendent Acevedo spoke that he heard May or June last. Chair Herrera asked about upcoming events and Rosita Park parking. Park Services Superintendent Acevedo responded that he will be sharing information about Earth Day, and is working on joint use agreements with the schools. Associate Park and Landscape Planner Suzi Furjanic then presented Public Works presentation and detailed their current Community Outreach Policy. The Commissioners discussed the current outreach policy and the suggested ad hoc committee approach to making recommendations about the policy. Commissioner Nelson and Diaz suggested instead of an ad hoc committee, to have the commission make recommendations on outlined procedures of community outreach and finalize those procedures with staff. Executive Director Scott plans to present the procedures at the May meeting for the commissioners to review and make recommendations. Vice Chair Zacarias Torres also asked about completion dates for and plans for a few of the projects and Commissioner Diaz asked about funding, and about the last lot at the 10th and Flower St. park. Associate Park and Landscape Planner Suzi Furjanic responded with estimated completion dates and plans for those items. 6. Parks, Recreation and Community Services Staff Report. MINUTES: Parks, Recreation and Community Services Deputy Director Tim Pagano gave the report for Parks, Recreation and Community Services Staff Report. Commissioner Reyes commented how pleased she was with the last month of senior center programs. Commissioner Diaz thanked Deputy Director Pagano for taking the time to write grants and collaborating with UCI. City Council 6 – 40 9/16/2025 Parks, Recreation and Community Services Commission 8 3/27/2025 Commissioners Jogwe, Nelson, Vice Chair Zacarias Torres and Chair Herrera asked questions about the various programs including boys and girls basketball, contract classes, Roosevelt Walker Study Hall and the Jerome Pool. Deputy Director Pagano responded providing details about each program and various data points, showcasing their success rate in the community. EXECUTIVE DIRECTOR COMMENTS MINUTES: Executive Director Hawk Scott mentioned the Santa Ana Fun Run, Brew at the Zoo, the Butterfly exhibit and thanked the commission for their support. COMMISSIONER COMMENTS MINUTES: Commissioner Diaz thanked the staff for their communication and engagement with the community. Commissioner Jogwe hopes to find ways to incentivize Santa Ana groups and residents to utilize our parks more. Commissioner Nelson commented that he hopes the competitive sports landscape in Santa Ana can improve to keep Santa Ana kids engaged locally. Commissioner Reyes thanked the team for all they do and is very proud of the City. Chair Herrera is looking forward to moving these items forward and coming together as a commission. ADJOURNMENT The next meeting of the Parks, Recreation and Community Services Commission is scheduled for Thursday, April 24 at 5:30 pm at the Newhope Library, 122 N Newhope St, Santa Ana, CA 92703. MINUTES: Chair Herrera adjourned the Parks, Recreation and Community Services Commission meeting at 9:17 P.M. Respectfully submitted: Hannah Wayne Recording Secretary City Council 6 – 41 9/16/2025 Parks, Recreation and Community Services Commission 1 4/24/2025 Minutes of the Regular Meeting of the Parks, Recreation and Community Services Commission April 24, 2025 Newhope Library 122 N Newhope St, Santa Ana, CA 92703 5:30 PM City Council 6 – 42 9/16/2025 Parks, Recreation and Community Services Commission 2 4/24/2025 CALL TO ORDER Chairperson ATTENDANCE Commission Members: Selica Diaz Josh Jogwe Cory Nelson Silvia Reyes Alejandra Rodriguez Ruby Woo Maria Zacarias Torres, Vice Chair Roberto Herrera, Chair Staff: Brian Sternberg, Library Services Director Ethan Fisher, PRCSA Deputy Director, Zoo Hannah Wayne, Recording Secretary MINUTES: Chairperson Herrera called the meeting to order at 5:30 p.m. ROLL CALL Hannah Wayne, Recording Secretary MINUTES: Recording Secretary Wayne conducted roll call. All Commissioners were present. PLEDGE OF ALLEGIANCE Chairperson MINUTES: Chair Herrera led the Pledge of Allegiance. PRESENTATIONS Employees of the Month Volunteers of the Quarter MINUTES: The Commissioners presented certificates for Employees of the Month to Rosa Garcia, Fabian Conde, and Sandra Cortez, and Volunteers of the Quarter to Rebecca Garcia and Sammie Williams and thanked them for their service. PUBLIC COMMENTS MINUTES: Gay Olivos was a zoom speaker brought to the commission a request for a new pitching machine for division b and c, asked about the Jerome Park dirt field, and talked about the joint use agreement at Willard Park. City Council 6 – 43 9/16/2025 Parks, Recreation and Community Services Commission 3 4/24/2025 CONSENT CALENDAR ITEMS MINUTES: The Consent Calendar was considered 5:42 P.M. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Minutes of the Regular Meeting of March 27, 2025. Recommended Action: Approve Minutes. 2. Excuse Absences. Recommended Action: Approve Excused Absences. MOTION: Moved by Commissioner Nelson to approve Consent Calendar items 1 and 2, seconded by Vice Chair Zacarias Torres. The motion carried, 8-0-0-0, by the following roll call vote: AYES: COMMISSIONER DIAZ, COMMISSIONER JOGWE, COMMISSIONER NELSON, COMMISSIONER REYES, COMMISSIONER RODRIGUEZ, COMMISSIONER WOO, VICE CHAIR ZACARIAS TORRES, CHAIR HERRERA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 8 – 0 – 0 – 0 – Pass INFORMATIONAL ITEMS 3. Santa Ana Public Library Budget Presentation. MINUTES: Library Services Director Brian Sternberg presented the Santa Ana Public Library Budget to the commission. Commissioners Nelson, Diaz, Jogwe, Reyes, Woo, Vice Chair Zacarias Torres and Chair Herrera asked questions and commented about the breakdown of the Santa Ana Public Library budgeted funds, outreach services, events, activities, obligated funds, renovations and parking, staff development and staff changes with the closures. Library Services Director Brian Sternberg responded with details behind the budgeted numbers, information about the ongoing renovations, various closures and how that relates to staffing and parking, opportunities staff have for City Council 6 – 44 9/16/2025 Parks, Recreation and Community Services Commission 4 4/24/2025 professional development, as well as, plans to meet the current demands as it relates to technology and services. 4. Santa Ana Public Library Staff Report. Minutes: Library Services Director Brian Sternberg presented the Santa Ana Public Library Staff Report to the Commission. The Commissioners had no comments or questions. 5. Santa Ana Zoo Staff Report. MINUTES: Parks, Recreation and Community Services Zoo Deputy Director Ethan Fisher presented the Santa Ana Zoo Staff Report. Commissioners Diaz, Reyes, Vice Chair Zacarias Torres and Chair Herrera thanked Deputy Director Fisher for the zoo tour, commented on how amazing the updates and changes have been, and asked questions about the Brew at the Zoo event on May 10th. Parks, Recreation and Community Services Zoo Deputy Director Ethan Fisher provided additional details about the Brew at the Zoo. 6. Athletics Fields Policies and Procedures. MINUTES: Parks, Recreation and Community Services Supervisor America Robledo presented the Athletics Fields Policies and Procedures to the Commission. Commissioners Nelson, Woo, Jogwe, Diaz, Rodriguez, Reyes, Vice Chair Zacarias Torres, and Chair Herrera discussed the Athletic Fields Policies and Procedures, commented about the importance of supporting youth through competitive sports in Santa Ana, asked questions about the current field utilization, user group transparency, fee structure and reservations, and made suggestions to the various group restrictions, permit cycle lengths, policies in place, and ways to improve opportunities for Santa Ana residents. Parks, Recreation and Community Services Supervisor America Robledo provided the commissioners details about the current utilization and user groups, and answered their questions about the current policies in place, fee structures, and field utilization, taking all suggestions into consideration for future permit cycles. City Council 6 – 45 9/16/2025 Parks, Recreation and Community Services Commission 5 4/24/2025 EXECUTIVE DIRECTOR COMMENTS MINUTES: Library Services Director Brian Sternberg provided details about the Santa Ana Fun Run on May 17th and the Dia De Los Ninos event on Saturday. COMMISSIONER COMMENTS MINUTES: Commissioner Diaz thanked everyone for the updates on the libraries, zoo and field reservations and she is looking forward to the Brew at the Zoo. Commissioner Jogwe thanked the staff for the details on the fields and for the zoo tour. Commissioner Nelson commented that the zoo is world class and said his kids are participating in the Fun Run so he is looking forward to that. Commissioner Reyes thanked Ethan for the zoo tour and mentioned the senior center tour of the botanical gardens and dance performance on May 9th at 10 am at the Southwest Senior Center. Commissioner Rodriguez thanked everyone for welcoming her and is looking forward to serving on the commission. Commissioner Woo thanked all for the field presentation and discussion, and for the temporary restrooms at El Salvador Park. She also commented about the parks budget and advocated for funding to be allocated for seniors, sun shades and splash pads. Vice Chair Zacarias Torres thanked all for the presentations, and is pleased with the social media being pushed out. She also encouraged the commissioners to urge the community fill out the budget survey. Chair Herrera recognized Earth Day, and thanked Commissioner Rodriguez for joining the commission. ADJOURNMENT The next regular meeting of the Parks, Recreation and Community Services Commission is scheduled for May 22nd, 2025 at 5:30 pm in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA. MINUTES: Chair Herrera adjourned the Parks, Recreation and Community Services Commission meeting at 8:08 P.M. Respectfully submitted: Hannah Wayne Recording Secretary City Council 6 – 46 9/16/2025 Parks, Recreation and Community Services Commission 1 5/22/2025 Minutes of the Regular Meeting of the Parks, Recreation and Community Services Commission May 22, 2025 REGULAR OPEN MEETING – 5:30 P.M. City Hall Council Chamber 22 Civic Center Plaza, Santa Ana, CA 92701 City Council 6 – 47 9/16/2025 Parks, Recreation and Community Services Commission 2 5/22/2025 CALL TO ORDER Chairperson MINUTES: Chairperson Herrera called the meeting to order at 5:32 P.M. ATTENDANCE Commission Members: Selica Diaz Josh Jogwe Cory Nelson Silvia Reyes Alejandra Rodriguez Ruby Woo Maria Zacarias Torres, Vice Chair Roberto Herrera, Chair Staff: Hawk Scott, Executive Director Timothy Pagano, PRCSA Deputy Director Jorge Acevedo, Park Services Superintendent Hannah Wayne, Recording Secretary ROLL CALL Hannah Wayne, Recording Secretary MINUTES: Recording Secretary Wayne conducted roll call. Commissioners Diaz, Jogwe, Rodriguez, Woo, Vice Chair Zacarias Torres and Chair Herrera were present. Commissioners Nelson and Reyes were absent. PLEDGE OF ALLEGIANCE Chairperson MINUTES: Chair Herrera led the Pledge of Allegiance. PRESENTATIONS Employees of the Month MINUTES: The Commissioners presented certificates for Employees of the Month to Matthew DeTeresa, Alejandro Orozco, Claudia Tapia, America Robledo, and Nicole Jackson thanked them for all their hard work and efforts. PUBLIC COMMENTS MINUTES: Michael Andrade brought up Chepa’s Park asked about the progress on this location. City Council 6 – 48 9/16/2025 Parks, Recreation and Community Services Commission 3 5/22/2025 Gay Olivos asked for a pitching machine for Division A and B for baseball at Jerome Park, commended the team for the lights at Centennial Park, and asked about the agreements with the soccer teams at the Willard Park. CONSENT CALENDAR ITEMS MINUTES: The Consent Calendar was considered 5:47 P.M. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Minutes of the Regular Meeting of April 24, 2025. Recommended Action: Approve Minutes. 2. Excused absences. Recommended Action: Approve Excused Absences. MOTION: Moved by Commissioner Woo to approve Consent Calendar items 1 and 2, seconded by Commissioner Diaz. The motion carried, 6-0-0-2, by the following roll call vote: AYES: COMMISSIONER DIAZ, COMMISSIONER JOGWE, COMMISSIONER RODRIGUEZ, COMMISSIONER WOO, VICE CHAIR ZACARIAS TORRES, CHAIR HERRERA NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER NELSON, COMMISSIONER REYES Status: 6 – 0 – 0 – 2 – Pass INFORMATIONAL ITEMS 3. Parks, Recreation and Community Services Staff Report. MINUTES: Parks, Recreation and Community Services Deputy Director Tim Pagano presented the Parks, Recreation and Community Services Staff Report to the commission. Vice Chair Zacarias Torres asked about an open Santa Ana street event. Deputy Director Pagano said they could potentially add that in the future. City Council 6 – 49 9/16/2025 Parks, Recreation and Community Services Commission 4 5/22/2025 Commissioner Jogwe asked about the All-Star Girls Basketball game and if there is any opportunity for adding any niche sports like lacrosse. Deputy Director Pagano responded that they hope to add some new sports with the aquatics center opening and would like to see more offerings as well. Commissioner Woo commented that she enjoyed the Arbor and Earth day events and asked about event tabling applications for the upcoming events. Deputy Director Pagano responded yes now is the time to submit those. Commissioner Diaz commented that she was happy to see the new route for the 10k and 5k fun run and finishing inside the stadium. Chair Herrera commented about the Cultura magazine photos and asked about the main stage location for the Fiestas Patrias event. Deputy Director Pagano responded that they are working on a new area for the main stage in downtown Santa Ana. Chair Herrera also mentioned info about cooling centers. 4. Public Works Agency Park Services Staff Report. MINUTES: Park Services Superintendent Jorge Acevedo and Public Works Deputy Director Michael Ortiz presented the Public Works Agency Park Services Staff Report to the Commission. Commissioner Woo commented about El Salvador Park restrooms, asked if there could be signage to try and keep them clean. Commissioner Jogwe asked about the Lillie King Park. Superintendent Acevedo responded that it is low to the ground table so they are working on a solution. Commissioner Diaz asked about signage for MySantaAna App. Executive Director Scott and Deputy Director Ortiz responded and agreed it would be great to add it in to more spots. Commissioner Diaz also commented about the Cypress Firehouse, asked meeting for input on the Walnut Street project. Deputy Director Ortiz voiced that they will be scheduling something soon. Vice Chair Zacarias Torres asked about the Bristol Tolliver water treatment, hydration station’s, and more construction signage. Deputy Director Ortiz and Superintendent Acevedo responded with more information about the water treatment, that the hydration stations will be in every ward, and that they hope to continue to improve construction signage for residents. Chair Herrera asked about the Griset Park event on May 27th. Executive Director Scott responded that it is a Community Workshop for future planning of the park. City Council 6 – 50 9/16/2025 Parks, Recreation and Community Services Commission 5 5/22/2025 Vice Chair Zacarias Torres, asked about the translation of MySantaAna app to Spanish. Superintendent Acevedo responded that is should go live next week. Chair Herrera recommended a parks tour for the Commission. Executive Director Scott said it would good to do in the fall. COMMISSIONER COMMENTS MINUTES: Commissioner Diaz was very happy with the programming and said Public Works was doing an amazing job. Commissioner Jogwe echoed Commissioner Diaz’ comments and thanked everyone for what they do. Commissioner Rodriguez thanked everyone for all the hard work, agreed that Griset Park is beautiful and all the parks are looking wonderful. Commissioner Woo was happy with all of the events and programming, and hoped that the federal grant funding won’t be affected. Vice Chair Zacarias Torres thanked the team for adding additional team members to the community garden park program and wished everyone a Happy Harvey Milk day. Chair Herrera recognized public works week, mentioned that they participated in an OC habitats clean-up day, appreciated the pride flag raising and wished everyone a Happy Pride month. EXECUTIVE DIRECTOR COMMENTS MINUTES: Executive Director Hawk Scott talked about the success of the Brew at the Zoo event, thanked everyone for the love and support of the team and the community that comes out for meetings. He also wished everyone a Happy Memorial Day and will be raising a flag at the memorial park on Monday at 10 am. ADJOURNMENT The next meeting of the Parks, Recreation and Community Services Commission is scheduled for Thursday, June 26th at 5:30 pm at the City Hall Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. MINUTES: Chair Herrera adjourned the Parks, Recreation and Community Services Commission meeting at 6:48 pm. City Council 6 – 51 9/16/2025 Parks, Recreation and Community Services Commission 6 5/22/2025 Respectfully submitted: _________________________ Hannah Wayne Recording Secretary City Council 6 – 52 9/16/2025 Rental Housing Board 1 April 16, 2025 Rental Housing Board Regular Meeting Minutes April 16, 2025 CALL TO ORDER Chairperson La Board Members Present: Ernie Aguilar Tracy La Esperanza Martinez Luis Mier Staff Members Present: Michael Garcia, Executive Director Maricela Marquez, Rent Stabilization Manager Bianca Zurita, Recording Secretary PUBLIC COMMENTS – None CONSENT CALENDAR ITEMS 1.Excuse Board Member(s) absence(s) Recommended Action: Excuse the absent member. 2.Minutes from the Regular Meeting of March 19, 2025 Recommended Action: Approve minutes. Moved by Board Member Aguilar, seconded by Board Member Mier to Approve. YES: 4 – Ernie Aguilar, Tracy La, Esperanza Martinez, Luis Mier NO: 0 – ABSTAIN: 0 – ABSENT: 0 Status: 4 – 0 – 0 – 0 – Pass ***END OF BUSINESS CALENDAR*** City Council 6 – 53 9/16/2025 Rental Housing Board 2 April 16, 2025 WORK STUDY SESSION 3.Mediation Training – Presented by Groundswell Minutes: Marco Antonio Ortega provided presentation. The Board engaged in Q & A session. ***END OF WORK STUDY SESSION*** COMMENTS 4.Staff member comments - None 5.Board Member comments - None ADJOURNMENT The next meeting of the Rental Housing Board is scheduled for May 21, 2025 at 4 p.m. in the Council Chamber. City Council 6 – 54 9/16/2025 WDB Youth Council Committee 5 4/30/2025 Workforce Development Board Youth Council Committee Special Meeting Minutes April 30, 2025 CALL TO ORDER Chairperson ATTENDANCE Committee members present: Acevedo, Annino, Russell-Garcia, Tucker, Varnum Committee members absent: Jimenez-Hami, Martinez, Sandoval Staff members present: Deborah Sanchez, Sandy Barba, Bianca Zurita PUBLIC COMMENTS – None CONSENT CALENDAR ITEMS 1. Excused Absences Recommended Action: Excuse Absent Committee Member(s). 2. Regular meeting minutes of February 13, 2025 Recommended Action: Approve minutes. Moved by Committee Member Varnum, seconded by Committee Member Russell-Garcia to Approve Consent Calendar items. YES: 5 – Robert Tucker, Dennis Varnum, Sandy Annino, Jackie Russell-Garcia, Carlos Acevedo NO: 0 – ABSTAIN: 0 – ABSENT: 3 – Ana Jimenez-Hami, Jorge Martinez, Anthony Sandoval Status: 5 – 0 – 0 – 3 – Pass ***END OF CONSENT CALENDAR*** City Council 6 – 55 9/16/2025 WDB Youth Council Committee 5 4/30/2025 BUSINESS CALENDAR 3.Ranking of Youth Provider Request for Proposals for Program Year (PY) 2025-27 Recommended Action: Accept the review committee's ranking of youth proposals for a 2-year procurement period ending June 30, 2027, to award future Youth Provider agreements utilizing federal Workforce Innovation and Opportunity Act funds. Recommend that the Workforce Development Board and City Council execute an agreement with Working Wardrobes for $200,000 and Standup for Kids for $200,000 for a one-year period from July 1, 2025, to June 30, 2026. Moved by Committee Member Varnum, seconded by Committee Member Russell-Garcia to Approve. YES: 5 – Robert Tucker, Dennis Varnum, Sandy Annino, Jackie Russell-Garcia, Carlos Acevedo NO: 0 – ABSTAIN: 0 – ABSENT: 3 – Ana Jimenez-Hami, Jorge Martinez, Anthony Sandoval Status: 5 – 0 – 0 – 3 – Pass Minutes: Sandy presented the item and offered detailed information, including background context, key points, and any relevant updates to ensure a clear understanding of the matter. Bob Tucker thanked staff for their hard work and commitment during the RFP process. Committee engaged in Q & A session. 4.Renewal of Orange County Children’s Therapeutic Arts Center (OCCTAC) Youth Agreement for Program Year (PY) 2025-2026 Recommended Action: Recommend City Council award a one-year agreement with the Orange County Children’s Therapeutic Arts Center (OCCTAC) in the amount of $200,000 for Program Year 2025-2026. Subject to the availability of Federal Workforce Innovation and Opportunity Act youth funds. Moved by Committee Member Varnum, seconded by Committee Member Annino to Approve. City Council 6 – 56 9/16/2025 WDB Youth Council Committee 5 4/30/2025 YES: 5 – Robert Tucker, Dennis Varnum, Sandy Annino, Jackie Russell-Garcia, Carlos Acevedo NO: 0 – ABSTAIN: 0 – ABSENT: 3 – Ana Jimenez-Hami, Jorge Martinez, Anthony Sandoval Status: 5 – 0 – 0 – 3 – Pass Minutes: Committee engaged in Q & A session. The Committee recommends amending the Agreement to serve 25 youth using $250,000, contingent upon available funding. ***END OF BUSINESS CALENDAR*** REPORTS 5.Program Operator Reports a.YSPN – Sandy submitted a report outlining the current status, providing context, and highlighting key changes or concerns. b. Orange County Children’s Therapeutic Arts Center – Andrea delivered a report summarizing the program status and background. COMMENTS 6.Staff Member Comments Minutes: Deborah Sanchez – Last week, the President signed an executive order focused on workforce development programs, with an emphasis on strengthening the workforce. The order also indicated an intent to expand apprenticeship opportunities, with an implied focus on improving data collection. The work center is in the process of being renovated to enhance its layout and overall usability. Santa Barba – spoke regarding the youth job fair at SA College collaborated with Santa Ana College and the Chamber of Commerce. Over 80 employers, and over a thousand youths applied at many employers, it was a well- organized eveSpoke about the recent Youth Job Fair held at Santa Ana College, organized in collaboration with the College and the Santa Ana Chamber of Commerce. The fair brought together over 80 employers and more than 1,000 young participants. Many attendees applied for jobs on- site. The event was well-organized and served as a valuable opportunity for young job seekers to connect directly with employers. City Council 6 – 57 9/16/2025 WDB Youth Council Committee 5 4/30/2025 7.Youth Council Committee Member Comments Minutes: Dennis Varnum – attended a career job fair at Garden Grove Adult Center, connected with others, well attended. Attended a highly attended career job fair at the Garden Grove Adult Center, fostering valuable connections with employers and workforce partners. The Workforce Development Board (WDB) remains attentive to directives from the Department of Labor (DOL), the Chamber of Commerce, and the Department of Education, each emphasizing the importance of internships and skills-based training as essential elements for preparing a competitive workforce. Jackie Russell-Garcia – heard a lot about how internships are becoming a popular way to gain experience, with many people choosing to jump straight into jobs instead of going to college, ADJOURNMENT The next regular meeting of the WDB Youth Council Committee is scheduled for June 12, 2025 at 4:00 PM. City Council 6 – 58 9/16/2025 Youth Commission 1 5/19/2025 Youth Commission Regular Meeting Minutes May 19, 2025 City Hall Council Chambers 22 Civic Center Plaza, Santa Ana, CA 92701 6:00 PM City Council 6 – 59 9/16/2025 Youth Commission 2 5/19/2025 CALL TO ORDER Chairperson ATTENDANCE Youth Commission Members: Edith Hernandez Neylen Muñoz Emily Parra-Diaz Cat Pham Adrian Ramirez Mercy Benitez, Vice-Chairperson Wyatt Malfavon, Chairperson Staff: Hawk Scott, Executive Director Timothy Pagano, PRCSA Deputy Director Jorge Acevedo, Park Services Superintendent Suzi Furjanic, Associate Park and Landscape Planner Hannah Wayne, Recording Secretary MINUTES: Chairperson Wyatt Malfavon called the Youth Commission Meeting to order at 6:06 P.M. ROLL CALL Hannah Wayne, Recording Secretary MINUTES: Recording Secretary Hannah Wayne conducted roll call. Youth Commissioners Hernandez, Muñoz, Pham (arrived at 6:08 p.m.), Parra-Diaz (arrived at 6:10 p.m.), Vice Chair Benitez and Chair Malfavon were present. Youth Commissioner Ramirez was absent. PLEDGE OF ALLEGIANCE Chairperson MINUTES: Chairperson Malfavon led the Pledge of Allegiance. PUBLIC COMMENTS MINUTES: There were no public comments. City Council 6 – 60 9/16/2025 Youth Commission 3 5/19/2025 CONSENT CALENDAR ITEMS MINUTES: At 6:08 P.M., the Consent Calendar was considered. MOTION: Vice Chairperson Benitez moved to approve Consent Calendar Item Nos. 1 and 2, seconded by Youth Commission Member Hernandez. The motion carried, 5-0-0-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: YOUTH COMMISSIONER HERNANDEZ, YOUTH COMMISSIONER MUÑOZ, YOUTH COMMISSIONER PHAM, VICE CHAIRPERSON BENITEZ, CHAIRPERSON MALFAVON NONE NONE YOUTH COMMISSIONER PARRA-DIAZ, YOUTH COMMISSIONER RAMIREZ Status: 5 – 0 – 0 – 2 Pass 1. Minutes from the Regular Meeting of April 21st, 2025. Recommended Action: Approve minutes. 2. Excuse Absences. Recommended Action: Approve excused absences. ***END OF CONSENT CALENDAR*** INFORMATIONAL ITEMS 3. Parks, Recreation and Community Services Staff Report. MINUTES: Parks, Recreation and Community Services Deputy Director Tim Pagano presented the Parks, Recreation and Community Services Staff Report. Youth Commissioner Parra-Diaz asked about the Study Hall at Roosevelt Walker time frame and about headphones for zoom calls. Vice Chairperson Benitez asked about the Youth Empowerment Initiative at the Garfield Community Center. Youth Commissioner Hernandez commented that registration fees were a good addition to the Fun Run this year. City Council 6 – 61 9/16/2025 Youth Commission 4 5/19/2025 Deputy Director Pagano responded to all questions and comments with further information for the commissioners. 4. Public Works Agency Park Services Staff Report. MINUTES: Park Services Superintendent Jorge Acevedo presented the Public Works Agency Park Maintenance report to the Youth Commission. Public Works Senior Civil Engineer Robert Aguirre presented on behalf of Associate Park and Landscape Planner Suzi Furjanic the Public Works Agency Park Planning Report. Vice Chairperson Benitez asked if schools would be able to reserve time and host meets at the Memorial Aquatic Center. Executive Director Hawk Scott responded yes, they would need to reserve it through Parks and Recreation. Youth Commissioner Pham asked about the process and communication with the public about available programming when an area is under construction. Superintendent Acevedo responded that they do communicate programming when an area is under construction. Youth Commissioner Hernandez asked when the new park at Bristol Tolliver be complete and if there will be proper construction fencing in place. Senior Civil Engineer Aguirre responded that it should be complete in one year and there will be proper construction fencing going up. Chairperson Malfavon asked how many trees were planted during the Arbor Day. Superintendent Acevedo responded that 29 trees were planted. ***END OF INFORMATIONAL ITEMS*** EXECUTIVE DIRECTOR COMMENTS MINUTES: Executive Director Hawk Scott announced that the four graduating commissioners will be concluding their service after today’s meeting, but will be recognized at another meeting for their service. He also thanked them for their service and wished them well in their future. He also mentioned the Santa Ana Zoo has a new stop light, the butterflies are now there, the Brew at the zoo was successful, and also mentioned the Zoofari Gala and the Earth Day events coming up. He ended by thanking the commission for what they do. City Council 6 – 62 9/16/2025 Youth Commission 5 5/19/2025 COMMISSIONER COMMENTS MINUTES: Youth Commissioner Hernandez said being on the commission was a great experience that taught her a lot. She loved meeting new people, and will miss it. Youth Commissioner Munoz mentioned everyone’s impact on the city and how helpful that has been and hopes it will continue even when they are no longer commissioners. Youth Commissioner Parra-Diaz said being on the commission was a great experience, especially getting to know all the seniors and seeing everyone grow and learn. She also advised the remaining commissioners to do their best to represent the youth well and use their voice for good. Youth Commissioner Pham mentioned it was great experience working with everyone and the community. She enjoyed representing the youth and loved growing together. She also thanked Executive Director Scott and everyone for their time. Vice Chairperson Benitez said it was nice working with everyone, is sad to see this time end, but thanks for the experience. Chairperson Malfavon thanked the seniors for being a part of the commission and wished the best for all of the graduating seniors. ADJOURNMENT The next regular meeting of the Youth Commission is scheduled for Monday, June 16th, 2025 at 6:00 p.m. in the City Council Chamber, City Hall, 22 Civic Center Plaza, Santa Ana, CA 92701. MINUTES: Chairperson Malfavon adjourned the Youth Commission meeting at 6:46 P.M. Respectfully submitted: _________________________ Hannah Wayne Recording Secretary City Council 6 – 63 9/16/2025 Minutes of the Regular Meeting of the Environmental and Transportation Advisory Commission of the CALL TO ORDER City of Santa Ana July 8, 2025 CITY HALL/ ROSS ANNEX 20 Civic Center Plaza Santa Ana, CA 92701 4:00 PM MINUTES: Chair McLaughlin called the meeting to order at 4:04 P.M. ATTENDANCE Commissioners Vice-Chair Chair Executive Director, Public Works Agency Recording Secretary ROLL CALL Mario Alvarado Maria Baeza Alexandra Cheney Denise Reynoso Lorena Vidaurri Lawrence Klein Mark Mcloughlin Rodolfo Rosas, P.E. Lorrie Ortiz MINUTES: Recording Secretary Marisol Jimenez conducted roll call. Commissioners Alvarado, Baeza, Cheney, Reynoso, Vice-Chair Klein and Chair McLaughlin were present. Commissioner Vidaurri was absent. PLEDGE OF ALLEGIANCE Commissioner Reynoso CITY COUNC IL 1 JULY 1, 2025 City Council 6 – 64 9/16/2025 PUBLIC COMMENTS -Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. None CONSENT CALENDAR 1. RECORDING SECRETARY REPORT Instruct the Recording Secretary to enter into the Minutes: -The ETAC Regular Meeting Notice of May 13, 2025 was posted on the doors of City Hall in a timely manner. -The May 13, 2025 Cancellation Notice was posted on the doors of City Hall in a timely manner. -The ETAC Regular Meeting Notice of June 10, 2025 was posted on the doors of City Hall in a timely manner. -The June 10, 2025 Cancellation Notice was posted on the doors of City Hall in a timely manner. -The ETAC Regular Meeting Notice of July 8, 2025 was posted on the doors of City Hall in a timely manner. 2. APPROVAL OF MINUTES -APRIL 8, 2025 3. EXCUSED ABSENCES Commissioner Vidaurri was excused from the meeting 4. CALL-IN EMERGENCY PROVISION APPROVAL MOTION: Commissioner Alvarado moved to approve Consent Calendar Item Nos. 1, 2, 3 and 4, seconded by Commissioner Cheney. The motion carried, 6-0-1, by the following roll call vote: AYES: COMMISSIONER ALVARADO, COMMISSIONER BAEZA, COMMISSIONER CHENEY, COMMISSIONER REYNOSO, VICE CHAIR KLEIN, CHAIR MCLOUGHLIN NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER VIDAURRI Status: 6-O -1 Pass CITY COUNCIL 2 JULY 1, 2025 City Council 6 – 65 9/16/2025 BUSINESS CALENDAR 5. Zoning Code Update from Planning and Building Agency Recommended Action: Informational Item MINUTES: Senior Planner Siri Champion delivered an informative PowerPoint presentation on the Comprehensive Zoning Code Update, which included a review of the zoning map. She explained that zoning districts determine what can be built and where development can occur. Key themes highlighted in the update included creating vibrant, walkable commercial areas by encouraging a mix of business types, expanding permitted uses to include neighborhood services such as community centers and health clinics, and allowing developers greater flexibility to incorporate commercial uses that align with market demand. Executive Director Nabil Saba and Planner Champion responded to questions from the Commissioners following the presentation. 6. Nominate and Elect a Chair of the Environmental and Transportation Advisory Commission (ETAC) Recommended Action: Nominate and Elect a Chair of the Environmental and Transportation Advisory Commission (ETAC). MOTION: Chair Mcloughlin moved to nominate Chair Mcloughlin for Item No. 6, seconded by Commissioner Alvarado. The motion carried, 6-0-1, by the following roll call vote: AYES: COMMISSIONER ALVARADO, COMMISSIONER BAEZA, COMMISSIONER CHENEY, COMMISSIONER REYNOSO, VICE CHAIR KLEIN, CHAIR MCLOUGHLIN NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER VIDAURRI Status: 6 -0 -1 Pass 7. Nominate and Elect a Vice-Chair of the Environmental and Transportation Advisory Commission (ETAC) Recommended Action: Nominate and Elect a Vice-Chair of the Environmental and Transportation Advisory Commission (ETAC). CITY COUNCIL 3 JULY 1, 2025 City Council 6 – 66 9/16/2025 MOTION: Commissioner Alvarado moved to nominate Commissioner Baeza for Item No. 7, seconded by Chair Mcloughlin. The motion carried, 6-0-1, by the following roll call vote: AYES: COMMISSIONER ALVARADO, COMMISSIONER BAEZA, COMMISSIONER CHENEY, COMMISSIONER REYNOSO, VICE CHAIR KLEIN, CHAIR MCLOUGHLIN NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER VIDAURRI Status: 6-O -1 Pass 8. First Street Multimodal Boulevard Study Stakeholder Ad Hoc Committee Recommended Action: Approve an Ad Hoc Committee consisting of no more than three (3) commissioners to assist and provide feedback on the First Street Multimodal Boulevard Study for City Traffic Engineering. MINUTES: Senior Transportation Analyst Mike Arizabal delivered an informational presentation on the First Street Multimodal Boulevard Study, outlining the project's background, community outreach and engagement efforts, and ETAC's participation and input. The City Council approved the General Plan Mobility Element in April 2022, and funding for this project will support the planning and design of multimodal improvements along a three-mile segment of First Street in Santa Ana. These improvements include protected bike lanes, enhanced lighting, pedestrian crossings and updated bus technology infrastructure and amenities. Commissioners Cheney and Klein volunteered to serve on the Ad Hoc Committee. Director Saba and Analyst Arizabal addressed questions from the Commission following the presentation. STAFF COMMENTS MINUTES: Director Saba announced his retirement. COMMISSIONER COMMENTS MINUTES: None AGENDA ITEMS FOR FUTURE MEETINGS: -Speed Management Policy -PCC vs. Asphalt Presentation CITY COUNCIL 4 JULY 1, 2025 City Council 6 – 67 9/16/2025 ADJOURNMENT- MINUTES: Chair McLaughlin adjourned the meeting at 5:44 P.M. Respectfully submitted: ETAC Recording Secretary CITY COUNCIL 5 JULY 1, 2025 City Council 6 – 68 9/16/2025 Arts and Culture Commission 4 4/17/2025 Arts and Culture Commission Regular Meeting Minutes April 17, 2025 CALL TO ORDER Chairperson Commission members present: Joese Hernandez Susie Lopez-Guerra Miguel Ochoa Debra Russell Indigo Vu Staff members present: Michael Garcia, Executive Director Marc Morley, Economic Development Manager Tram Le, Arts and Culture Specialist Bianca Zurita, Recording Secretary PUBLIC COMMENTS Minutes: •Gay Olivo (Zoom) – Talked regarding the Sahuayo mural project. •Barbara Apostol, Art Teacher at Godinez School – Talked in support of the Graffiti Arts Program •Shaila O. – Talked about the arts •John O. – Talked about the arts •Alondra Jacobo, Art Teacher at Godinez School – Talked about the arts CONSENT CALENDAR ITEMS 1.Excuse absences Recommended Action: Excuse absent commission member(s). 2.Regular meeting minutes of February 20, 2025 Recommended Action: Approve minutes. City Council 6 – 69 9/16/2025 Arts and Culture Commission 4 4/17/2025 Moved by Commissioner Hernandez, seconded by Commissioner Lopez-Guerra to Approve Consent Calendar items. YES: 5 – Debra Russell, Indigo Vu, Susie Lopez-Guerra, Joese Hernandez, Miguel Ochoa NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 5 – 0 – 0 – 0 – Pass ***END OF CONSENT CALENDAR*** WORK STUDY SESSION 3.Investing in the Artist Grant 2024-2025 – Grantee Presentations Minutes: •OC Crazies presented by Cherie Kerr •Delhi Center presented by Gaby Muniz •GREEN-MPNA presented by Leonel Flores •Stanford Sound & Stage presented by Modesto Briseno •Breathe of Fire Latina Theater Ensemble presented by Sara Guerrero •The Cambodian Family presented by Amina Sen •The Frida Cinema presented by Logan Crow 4.Bridging the G.A.P.: Graffiti Arts Program – Update Presentation Minutes: The presentation was given by Robyn MacNair, Sofia Cuevas, Alex Sanchez, and Maricela Pena. Commission members engaged in a discussion session, expressing support for the Artist and participating students. ***END OF WORK STUDY SESSION*** COMMENTS 5.Staff member comments - None 6.Commission member comments Minutes: •Hernandez – Discussed the importance of the arts in transforming lives and indicated a desire to revisit the Commission’s funding in an upcoming meeting. •Russell – Asked for a progress update on the Sahuayo mural project, and noted two upcoming events: The Art Walk on May 3 and DJ classes at The Pizza Press. •Ochoa – Thanked all participants for their informative presentations. •Vu – The next meeting will focus on discussing budget priorities. There was appreciation for the meaningful connection with the public—highlighting how art brings people together, and how doing good fosters unity. Stronger community City Council 6 – 70 9/16/2025 Arts and Culture Commission 4 4/17/2025 bonds are forming, and there’s a deep appreciation for the new legacies being created and left behind. ADJOURNMENT The next meeting of the Arts and Culture Commission is scheduled for May 15, 2025 at 5:30 PM in the Council Chamber. City Council 6 – 71 9/16/2025 Arts and Culture Commission 5 6/19/2025 Arts and Culture Commission Regular Meeting Minutes June 19, 2025 CALL TO ORDER Chairperson Commission members present: Joese Hernandez Miguel Ochoa Debra Russell Indigo Vu Commission member absent: Susie Lopez-Guerra Staff members present: Michael L. Garcia, Executive Director Marc Morley, Economic Development Manager Tram Le, Arts and Culture Specialist Bianca Zurita, Recording Secretary PUBLIC COMMENTS Minutes: Gay Olivos – Voiced concerns about the zoning changes. CONSENT CALENDAR ITEMS 1.Excused absences Recommended Action: Excuse absent commission member(s). 2.Regular meeting minutes of April 17, 2025 Recommended Action: Approve minutes. City Council 6 – 72 9/16/2025 Arts and Culture Commission 5 6/19/2025 Moved by Commissioner Hernandez, seconded by Commissioner Russell to Approve Consent Calendar items. YES: 4 – Debra Russell, Indigo Vu, Joese Hernandez, Miguel Ochoa NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Susie Lopez-Guerra Status: 4 – 0 – 0 – 1 – Pass ***END OF CONSENT CALENDAR*** PRESENTATION 3.Comprehensive Zoning Code Update Presentation – Facilitated by the Planning and Building Department staff Minutes: Siri Champion conducted the presentation. Commission engaged in a Q & A session. ***END OF PRESENTATION*** BUSINESS CALENDAR 4.Approval of Sahuayo Sister City Mural Ranking List and Selection of Artists Recommended Action: It is recommended that the Commission approve the ranking list for Sahuayo Sister City Mural project and recommend that the City Manager execute agreements with two (2) artists. Moved by Commissioner Hernandez, seconded by Commissioner Ochoa to Approve. YES: 3 – Indigo Vu, Joese Hernandez, Miguel Ochoa NO: 1 – Debra Russell ABSTAIN: 0 – ABSENT: 1 – Susie Lopez-Guerra Status: 3 – 1 – 0 – 1 – Pass - NO Minutes: Chair Vu made a motion to carry the item over to the next meeting for additional discussion and approval. 5.Approval of Mural Restoration Ranking List City Council 6 – 73 9/16/2025 Arts and Culture Commission 5 6/19/2025 Recommended Action: It is recommended that the Commission approve the ranking list for the RestorArt: Mural Restoration & Conservation Pilot Program Minutes: Tram Le provided presentation. Commission engaged in a Q & A session. Moved by Commissioner Russell, seconded by Commissioner Hernandez to Approve. YES: 4 – Debra Russell, Indigo Vu, Joese Hernandez, Miguel Ochoa NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Susie Lopez-Guerra Status: 4 – 0 – 0 – 1 – Pass ***END OF BUSINESS CALENDAR*** WORK STUDY SESSION 6.Preliminary Discussion of Funding Priorities for Fiscal Year 2025-2026 Minutes: •Commissioner Hernandez – strongly supports event sponsorships and is particularly passionate about ensuring artists who have never previously received any type of funding are encouraged to apply for these opportunities. The goal is to make the process accessible and welcoming to emerging or underrepresented artists who may not have benefited from financial support in the past. •Commissioner Vu – the goal is to expand event sponsorships to support a wider range of projects and structure it more as a sponsorship than a grant, ensuring it’s accessible to every artist in the city. •Commissioner Russell – noticed disparities in previous sponsorships and wants to ensure that large organizations do not overshadow small local events, promoting more opportunities for artists to participate and receive funding. ***END OF WORK STUDY SESSION*** City Council 6 – 74 9/16/2025 Arts and Culture Commission 5 6/19/2025 COMMENTS 7.Staff member comments – None 8.Commission member comments Minutes: •Commissioner Hernandez – Thanked the Commission for their input, recognizing that all members are committed to the city’s best interests. The community has faced significant challenges recently, so it’s vital to look out for them and offer help whenever we can. •Commissioner Russell – Hopeful that the mural space will tell a meaningful story. Challenges the city to take on future art projects that highlight a new artistic genre each year and encourages leaders to support this vision. •Commissioner Vu – In light of the difficult events occurring nationwide, it's understandable that many are feeling affected . But we move forward, not by ignoring what’s happening, but by choosing to create, to organize, and to stay involved. It’s up to us to shape the path ahead, and art is one way we can do that together. ADJOURNMENT The next meeting of the Arts and Culture Commission is scheduled for July 17, 2025 at 5:30 PM in the Council Chamber. City Council 6 – 75 9/16/2025 MeetingMinutes, of the Regular of the Police Oversight i July 10, 2025 REGULAR MEETING ® 5o CITY COUNCIL 22 Civic Center Plaza. Santa Ana, CA 92701 CALL TO ORDER MINUTES: Chair Vega called the meeting to order at 51.04 P.MV ATTENDANCE Commission Members Gabriel Castilla Laughton Evangeline Gawranski Arnalia Mejia Carlos Rerea Nadin Said Vice Chair Keith Carpenter Chair Danny Vega Staff Members Deputy City Manager Sylvia Vazquez Police Commander Jorge Lopez Assistant City Attorney Jonathan Martinez Recording Secretary Abigail Y. Alcala POLICE OVERSIGHT COMMISSION 1 JULY 10, 2025 City Council 6 – 76 9/16/2025 ROLL CALL MINUTES: Recording Secretary Abigail Y. Alcala conducted roll call. Commissioners Castillo Laughton, Gawronski, Mejia, Perea, and Said, Vice Chair Carpenter, and Chair Vega were present. PLEDGE OF ALLEGIANCE MINUTES: Chair Vega led the Pledge of Allegiance. STAFF PRESENTATIONS 1. Introduction of Police Oversight Director T. Jack Morse, Esq. of Oppenheimer Investigations Group LLP MINUTES: Deputy City Manager Sylvia Vazquez briefly introduced Independent Oversight Director T. Jack Morse. Independent Oversight Director T. Jack Morse spoke regarding his experience, qualifications, and role and responsibility to the Commission. Commissioner Perea welcomed Independent Oversight Director Morse and spoke regarding the mistrust in the community related to the Police Department. Commissioner Castillo Laughton asked whether Independent Oversight Director Morse is the Independent Oversight Director for other cities. Independent Oversight Director Morse stated he is not an Independent Oversight Director for any other city. Commissioner Gawronski asked Independent Oversight Director Morse whether he would be available to the commission for questions and whether he would attend all future commission meetings. Independent Oversight Director Morse stated he would be regularly available to the commission and would be present at the Police Oversight Commission meetings moving forward. Chair Vega welcomed Independent Oversight Director Morse. PUBLIC COMMENTS--Public comments will be held during the beginning of the meeting for all comments on agenda items. Members of the public may provide comments on any agenda or non-agenda items within the subject matter jurisdiction of the commission. MINUTES: The following individual addressed the Commission in person: 1. Carl Benninger spoke regarding the decrease in gang violence in the city and the commissions'ability to review and improve police procedures. POLICE OVERSIGHT COMMISSION 2 JULY 10, 2025 City Council 6 – 77 9/16/2025 The following individual addressed the Commission via teleconference: 2. Manuel Arreguin expressed concern regarding the status of his complaint and asked for complaints to be independently investigated. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 and 3. MINUTES:At 5:11 P.M., the Consent Calendar was considered. Commissioner Mefia requested clarification regarding the U-Visa motion reflected in the minutes of the May 8, 2025 meeting. Recording secretary Abigail Y. Alcala restated the motion voted on by the commission. Brief discussion ensued regarding clarification on the intent of the motion. MOTION: Vice Chair Carpenter moved to approve Consent Calendar Item Nos. 2 and 3, seconded by Commissioner Castillo Laughton. The motion carried, 7-0, by the following roll call note: AYES. COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT:NONE Status: 7—0 — Pass 2. Excused Absences Recommended Action: Excuse the absent members. 3. Minutes from the Regular Meetings of May 8, 2025. Recommended Action: Approve minutes. END OF CONSENT CALENDAR*** BUSINESS CALENDAR. MINUTE'S:At 5:28 P.M., the Business Calendar was considered. 4. Nominate and Elect Chair Recommended Action: Discuss and recommend. POLICE OVERSIGHT COMMISSION 3 JULY 10, 2025 City Council 6 – 78 9/16/2025 MINUTES: Commissioner Perea nominated Commissioner Mejia as the Chair, seconded by Commissioner Castillo Laughton. Chair Vega nominated Vice Chair Carpenter as the Chair, seconded by Commissioner Gawronski. Commissioner Said nominated Chair Vega as the Chair, seconded by Vice Chair Carpenter. MOTION: Commissioner Gawronski moved to close the nominations, seconded by Chair Vega. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT:NONE Status: 7-- 0 -- Pass MOTION: Commissioner Perea moved to appoint Commissioner Mejia as the Chair, seconded by Commissioner Castillo Laughton. The original motion carried, 4-3, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID NOES: COMMISSIONER GAWRONSKI, VICE CHAIR CARPENTER, CHAIR VEGA ABSTAIN: NONE ABSENT:NONE Status: 4— 3 -- Pass MOTION: Chair Vega moved to appoint Vice Chair Carpenter as the Chair, seconded by Commissioner Gawronski. The original motion carried, 5-2, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: COMMISSIONER MEJIA, COMMISSIONER PEREA ABSTAIN: NONE ABSENT:NONE Status: 5— 2 — Pass POLICE OVERSIGHT COMMISSION 4 JULY 10, 2025 City Council 6 – 79 9/16/2025 MOTION: Commissioner Said moved to appoint Chair Vega as the Chair, seconded by Vice Chair Carpenter. The original motion carried, 5-2, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: COMMISSIONER MEJIA, COMMISSIONER PEREA ABSTAIN: NONE ABSENT:NONE Status: 5 — 2 — Pass MINUTES: Assistant City Attorney Jonathan Martinez announced the need to revote on the nominations to appoint either Vice Chair Carpenter or Chair Vega as Chair. MOTION: Chair Vega moved to appoint Vice Chair Carpenter as the Chair, seconded by Commissioner Gawronski. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT:NONE Status: 7 -0 - 0 - 0 — Pass MOTION: Commissioner Said moved to appoint Chair Vega as the Chair, seconded by Vice Chair Carpenter. The original motion carried, 5-2, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: COMMISSIONER MEJIA, COMMISSIONER PEREA, ABSTAIN: NONE ABSENT:NONE Status: 5-- 2 -- Pass MINUTES: Recording Secretary Abigail Y. Alcala announced the motion to appoint Vice Chair Carpenter as the Chair had the highest vote, concluding Vice Chair Carpenter as the new Chair of the commission. POLICE OVERSIGHT COMMISSION 5 JULY 10, 2025 City Council 6 – 80 9/16/2025 5. Nominate and Elect Vice Chair Recommended Action: Discuss and recommend. MINUTES: Vice Chair Carpenter nominated Commissioner Castillo Laughton as the Vice Chair, seconded by Commissioner Castillo Laughton. Commissioner Said nominated Chair Vega as the Vice Chair, seconded by Commissioner Castillo Laughton. MOTION: Commissioner Gawronski move to close the nominations, seconded by Commissioner Castillo Laughton. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEDIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT:NONE Status: 7-- Pass MOTION: Vice Chair Carpenter moved to appoint Commissioner Castillo Laughton as the Vice Chair, seconded by Chair Vega. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, C HAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT:NONE Status: 7— 0 Pass MOTION: Commissioner Said moved to appoint Chair Vega as the Vice Chair, seconded by Commissioner Castillo Laughton. The original motion carried, 5-2, by the fallowing roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: COMMISSIONER MEJIA, COMMISSIONER PEREA, ABSTAIN: NONE ABSENT:NONE Status: 5— 2 — Pass POLICE OVERSIGHT COMMISSION 6 JULY 10, 2025 City Council 6 – 81 9/16/2025 MINUTES: Recording Secretary Abigail Y. Alcala announced the motion to appoint Commissioner Castillo Laughton as the Vice Chairhas the highest vote, concluding Commissioner Castillo Laughton as the new Vice Chair of the commission. 6. Police Oversight Commission Bylaws Recommended Action; Review, discuss, and provide input on the Draft Police Oversight Commission Bylaws. MINUTES: Chair Carpenter moved to suspend voting on the bylaws. Motion died due to lack of a second. Discussion ensued regarding whether the proposed changes to the ordinance could affect the bylaws. Assistant City Attorney Jonathan Martinez clarified the bylaws are superseded by the ordinance, and recommended the commission continue with discussion for changes until any amendments are finalized by the council. Commissioner Vega asked whether section ten was similar to the council requested item section of City Council meetings process. Commissioner Mejia requested the bylaw language be more specific and include a timeframe for placing a commissioner-proposed item on the agenda. Deputy City Manager Sylvia Vazquez confirmed and clarified the process proposed in the bylaws to bring an agenda item forward is similar to councils. Assistant City Attorney Martinez stated the timeframe language would be reviewed for clarity. Chair Carpenter requested language in section ten be updated to remove redundancy as it relates to City Manager's review process. Vice Chair Castillo Laughton suggested the commission take a recess to review the recommended bylaws. Assistant City Attorney Martinez suggested moving Item No. 7 out of order before continuing the discussion on the bylaws. POLICE OVERSIGHT COMMISSION 7 DULY 10, 2025 City Council 6 – 82 9/16/2025 MOTION: Chair Carpenter moved to consider Agenda Item No. 7 prior to continuing Agenda Item No. 6, seconded by Vice Chair Castillo Laughton. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, COMMISSIONER VEGA, VICE CHAIR CASTILLO LAUGHTON, CHAIR CARPENTER NOES: NONE ABSTAIN: NONE ABSENT:NONE Status: 7—0 -- Pass AGENDA ITEM NO. 7 MOVED OUT OF ORDER 7. U-Visa Certification and Santa Ana Police Department Procedure 4130 Recommended Action: Receive presentations from the following subject matter experts in immigration law to discuss the U-Visa process/procedures and provide input for recommendations: 1. Sabrina Rivera, Esq. of the Western State College of Law Immigration and Deportation Defense Clinic 2. Allyssa Scheyer, Esq. of the Public Law Center MINUTES: Sabrina Rivera and Allysa Scheyer gave a presentation regarding U- Visa basics and certifying agency certifications. Vice Chair Castillo Laughton asked whether state law established framework to overcome the presumption of helpfulness. Sabrina Rivera and Allysa Scheyerstated there are no state guidelines to overcome the presumption of helpfulness, however federal guidelines do exist. They stated that when the Santa Ana Police Department (SAPD) denies a certification, the reasons for the denial are not clearly stated in the response. Commissioner Mejia asked whether reason is given when a certification is denied. Allyssa Scheyer clarified there is a letter received with limited information. Discussion ensued regarding the guidance of certification and adjudication of the procedure at the state and federal level. Commissioner Mejia asked whether improving the definition of"helpfulness" could protect individuals when seeking certification. Allyssa Scheyer stated that improving the definition could protect individuals and ensure compliance with California state law. POLICE OVERSIGHT COMMISSION 8 JULY 10, 2025 City Council 6 – 83 9/16/2025 Vice Chair Castillo Laughton stated the existing policy already incorporated the federal definition and asked whether improving the definition of"helpfulness"in the policy would be beneficial. Allyssa Scheyer confirmed. Discussion ensued regarding qualifying crime examples. Deputy Chief Roland Andrade stated the only federal crime explicitly categorized as a felony or misdemeanor is assault, for crimes like domestic violence or extortion federal law does not differentiate between misdemeanor and felony charges. Chair Carpenter asked how the U-Visa process is initiated when the crime is considered a misdemeanor. Allyssa Scheyer stated the applicant makes the first contact often through the immigration hotline where the individual is referred to legal services for the U-Visa process. Vice Chair Castillo Laughton asked whether a denied request for a certification decision could be reviewed. Allyssa Scheyer explained there is an option to request for the case to be reviewed by a supervisor but applicants that do not have an attorney may not know and if the case is denied by Department of Homeland Security (DHS) there is an appeal process that does not involve SAPD. Chair Carpenter asked for clarification regarding the time it takes for DHS to review the U-Visa application and whether an applicant is still at risk of deportation. Allyssa Scheyer stated there is an initial review of about two years however an ultimate decision could take about eight or nine years and the applicant is still at risk of deportation during this process. Commissioner Vega asked whether the risk of deportation is after the application is denied or during the application process. Allyssa Scheyer stated there is a risk of deportation during the application process and after the denial. Commissioner Perea stated the policy does not include the federal requirement for the victim to have information of the criminal activity, asked whether the policy is in compliance with state law and what the approval rate of the certification is, and requested examples of cities with U-Visa policies the commission could use as a reference. Sabrina Rivera and Allyssa Scheyer stated a periodic review would help ensure the policy's ongoing compliance with state laws, spoke regarding the approval rate fluctuation, and recommended the City of Oakland and the Los Angeles District Attorney's office U-Visa policies as references. POLICE OVERSIGHT COMMISSION 9 JULY 10, 2025 City Council 6 – 84 9/16/2025 Deputy Chief Andrade stated the average approval rate for SAPD is 40%, 30% are filed with the wrong agency, and 30% are not certified. Commissioner Perea asked whether SAPD has the ability to certify applications where the case is referred to the District Attorney's office. Commissioner Said asked for clarification regarding the number of applicants, timeline of the application process, and jurisdiction of the 10,000 awarded U-Visas. She spoke in support of a more accessible and transparent process. Allysa Scheyer provided clarification and answered the Commissioner's questions. Deputy Chief Andrade stated the total applications received in Santa Ana were 261 in 2020, 333 in 2021, 356 in 2022, and 372 in 2023. He clarified that 30% of cases get referred to other agencies and are not considered denials. Commissioner Mejia stated the national average denial rate is approximately 10% and state law does not require SAPD to transfer U-Visa certifications to other agencies. She suggested SAPD be more helpful by having a clear and updated policy that meets state standards and requested a draft policy that includes both direct and indirect victims, incorporates the state's definition of "unreasonable," clarifies what constitutes "relative evidence"and "nuisance"crimes, asked whether including specific language for domestic violence and sexual assault cases would be beneficial and stated the policy should be more transparent and equitable. Commissioner Vega asked whether there was a possible policy change to better protect individuals that are applying for U-Visas from being deported, stated he wants to know the best way to protect applicants from deportation, and asked if DHS is notified when someone applies. Sabrina Rivera and Allyssa Scheyer stated each jurisdiction appoints its own certifying officials and a mechanism exists to report unhelpful officials to USCIS. They recommended including specific language for domestic violence and sexual assault cases, and providing more information overall, including hypothetical scenarios. Sabrina Rivera and Allyssa Scheyer stated DNS is not notified when a U-Visa certification application is filed, noted the U-Visa can sometimes prevent or delay deportation by showing that a U-Visa is pending or about to be filed, and spoke regarding their experiences with certifications, and emphasized the importance of timely responses, clarity, transparency in denial reasons, and accessibility for applicants without lawyers. They mentioned significant federal cuts have reduced the number of free legal service providers making it difficult to serve all clients, and stressed the need for a public-facing procedure for those who cannot afford an attorney. Commissioner Gawronski asked whether the Public Law Center has four immigration attorneys and when the U-Visa program was started. Vice Chair Castillo Laughton thanked the presenters, stated the current policy needs to be revamped, strengthened in consistency and accessible to the public and requested a copy of SAPD procedure 4130. POLICE OVERSIGHT COMMISSION 10 JULY 10, 2025 City Council 6 – 85 9/16/2025 Chair Carpenter asked whether there is a guaranty that an individual will not be deported. Commissioner Mejia asked whether applicants with a criminal history are able to apply or could be denied due to their past criminal history. Sabrina Rivera and Allyssa Scheyer confirmed there are four staff attorneys in the immigration unit at Public Law Center and stated the U-Visa program started in 2011 with the purpose being to protect the community. They stated deportation pauses sometimes occur, depending on the presidential administration, but there is no guarantee that an individual will not be deported. They also clarified that while criminal history cannot be considered for U-Visa certification, it could still affect the DNS final decision to grant the visa, but that decision falls outside of SAPD authority. Deputy Chief Andrad confirmed SAPD does not take criminal history into consideration when reviewing a case. Commissioner Perea requested recommendations by Sabrina Rivera and Allyssa Scheyer be incorporated into the policy, the eligibility requirements listed match the federal guidelines, the ability for SAPD to consider U-Visas even for cases that are passed through to the District Attorney, and referencing Oakland's policy when it comes to public transparency on the city website. He spoke regarding the case of Edgar Vargas. Chair Carpenter expressed concern regarding the ability to make policy changes due to the proposed amendments to the Police Oversight Commission ordinance. Assistant City Attorney Martinez recommended the commission continue with discussion for changes until amendments are finalized. Deputy City Manager Vazquez asked whether the commission would like other organizations to provide feedback. Commissioner Perea stated he was satisfied with the legal experts. Sabrina Rivera and Allyssa Scheyer suggested additional organizations share testimony of other compelling cases. Commissioner Mejia requested inviting the OC Rapid Response Network to be a presenter. Commissioner Perea requested inviting the Orange County Justice Fund to be a presenter. POLICE OVERSIGHT COMMISSION 11 JULY 10, 2025 City Council 6 – 86 9/16/2025 MOTION: Commissioner Mejia moved to have staff contact the Orange County Response Network and the Orange County Justice Fund as presenters related to the U-Visa upon availability, seconded by Vice Chair Castillo Laughton. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, COMMISSIONER VEGA, VICE CHAIR CASTILLO LAUGHTON, CHAIR CARPENTER NOES: NONE ABSTAIN: NONE ABSENT:NONE Status: 7 - 0 — 0 — 0 -- Pass 6. Police Oversight Commission Bylaws Recommended Action: Review, discuss, and provide input on the Draft Police Oversight Commission Bylaws. MINUTES: MOTION: Commissioner Perea moved to approve the bylaws, seconded by Commissioner Said. AMENDED MOTION: Commissioner Mejia moved to amend the motion to approve the bylaws, as amended to modify section 10 to state that Commissioner submitted memorandums be presented to the Commission at the next meeting, seconded by Commissioner Said. Vice Chair Castillo Laughton expressed concern regarding the bylaws. Commissioner Mejia withdrew her motion. Commissioner Said withdrew her second. Discussion ensued regarding excused absences and the ability to participate in commission meetings remotely. Commissioner Gawronski expressed concern regarding Article 7 Section 11 and asked whether a commission's completed bylaws have been denied when presented to council. Deputy City Manager Vazquez clarified the council has final approval of bylaws, however takes into consideration the commission's recommendations. Discussion ensued regarding Article 3 Section 7. Deputy City Manager Vazquez clarified Article 3 Section 7 is pulled from the City's municipal code. POLICE OVERSIGHT COMMISSION 12 JULY 10, 2025 City Council 6 – 87 9/16/2025 Chair Carpenter expressed concern regarding Article 6 Section 9. Vice Chair Castillo Laughton recommended identifying which bylaw sections the commission would like to bring back to discuss at a future meeting. MOTION: Commissioner Perea moved to bring back Item No. 6 for discussion at a future meeting, seconded by Commissioner Gawronski. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER GAWRONSKI, COMMISSIONER MEDIA, COMMISSIONER PEREA, COMMISSIONER SAID, COMMISSIONER VEGA, VICE CHAIR CASTILLO LAUGHTON, CHAIR CARPENTER NOES: NONE ABSTAIN: NONE ABSENT:NONE Status: 7 -- 0 -- Pass 7. AGENDA ITEM NO. 7 MOVED OUT OF ORDER AND HEARD PRIOR TO AGENDA ITEM NO. 6 MINUTES: Commissioner Said left the meeting at 8:08 P.M. END OF BUSINESS CALENDAR*** STAFF COMMENTS MINUTES: Deputy City Manager Sylvia Vazquez stated there would be a presentation regarding the findings of the ad hoc committee, which was set up to identify issues with the ordinance establishing the Police Oversight Commission. COMMISSIONER COMMENTS MINUTES: Commissioner Perea expressed concern regarding the proposed amendments to the Police Oversight Commission ordinance and encouraged the commissioners to attend the July 15, 2025 City Council meeting. Commissioner Mefia thanked everyone for the productive conversation, stated she is looking forward to the next steps with the U-Visa policy, spoke regarding the urgency of completing the process to create clear policy and making the information accessible to the public, and echoed Commissioner Perea's sentiments regarding the proposed changes to the ordinance. She encouraged everyone to read the proposed changes, attend the Council meeting, and requested proposed amendments pertaining to state law be further explained, Commissioner Vega thanked staff for their work, welcomed new Independent Oversight Director Morse and asked regarding the required vote to make changes to ordinance. POLICE OVERSIGHT COMMISSION 13 JULY 10, 2025 City Council 6 – 88 9/16/2025 Assistant City Attomey Jonathan Martinez stated a simple majority would be required to approve changes to the ordinance. Commissi6ner Gawronski welcomed Independent Director Morse, thanked presenters and staff for their hard work, and congratulated Chair Carpenter and Vice Chair Castillo Laughton on their appointments. Vice Chair Castillo Laughton thanked staff for their work, welcomed Independent Oversight Independent Director Morse, and echoed concerns by commissioners regarding the Police Oversight Commission ordinance amendments. Chair Carpenter expressed concern regarding proposed changes to the Police Oversight Commission ordinance. ADJOURNMENT -Adjourn the Police Oversight Commission Meeting. MINCITES: Chair Carpenter adjourned the Police Oversight Commission meeting at 8:18 P.M. The next meeting of the Police Oversight Commission is scheduled forAugust 14, 2025 at 5.-00' P.M. Respectfully,submit d. ail c la R nor ' g Secretary POLICE OVERSIGHT COMMISSION 14 JULY 10, 2025 City Council 6 – 89 9/16/2025 City Council 6 – 90 9/16/2025 City Council 6 – 91 9/16/2025 City Council 6 – 92 9/16/2025 City Council 6 – 93 9/16/2025 City Council 6 – 94 9/16/2025 City Council 6 – 95 9/16/2025 City Council 6 – 96 9/16/2025 City Council 6 – 97 9/16/2025 City Council 6 – 98 9/16/2025 City Council 6 – 99 9/16/2025 Arts and Culture Commission 4 7/17/2025 Arts and Culture Commission Regular Meeting Minutes July 17, 2025 CALL TO ORDER Chairperson Commission members present: Joese Hernandez Miguel Ochoa Darlene Peña-Marin Indigo Vu Commission member absent: Susie Lopez-Guerra Debra Russell Staff members present: Marc Morley, Economic Development Manager Tram Le, Arts and Culture Specialist Bianca Zurita, Recording Secretary PUBLIC COMMENTS - None PRESENTATION 1.Powers, Duties & Responsibilities Presented by City Attorney’s Office Staff Minutes: Andrea Garcia-Miller, Assistant City Attorney provided the training CONSENT CALENDAR ITEMS 2.Excused absences Recommended Action: Excuse absent commission member(s). City Council 6 – 100 9/16/2025 Arts and Culture Commission 4 7/17/2025 Moved by Commissioner Hernandez, seconded by Commissioner Peña- Marin to Approve Consent Calendar items. YES: 4 – Indigo Vu, Joese Hernandez, Miguel Ochoa, Marlene Peña-Marin NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Debra Russell, Susie Lopez-Guerra Status: 4 – 0 – 0 – 2 – Pass ***END OF CONSENT CALENDAR*** BUSINESS CALENDAR 3.Election of Officers for the Arts and Culture Commission for the FY 2025 -2026 Term Recommended Action: Elect a Chairperson and Vice Chairperson for the Arts and Culture Commission to serve for the FY 2025-2026 term. Moved by Commissioner Hernandez, seconded by Commissioner Peña- Marin to Approve. YES: 4 – NO: 0 – ABSTAIN: 0 – Indigo Vu, Joese Hernandez, Miguel Ochoa, Marlene Peña-Marin ABSENT: 2 – Debra Russell, Susie Lopez-Guerra Status: 4 – 0 – 0 – 2 – Pass Minutes: Commissioner Hernandez nominated Commissioner Vu to serve another term as Chair, and Commissioner Vu accepted the nomination. Chair Vu then nominated Vice-Chair Hernandez to continue in the role of Vice-Chair for another year, with the nomination seconded by Commissioner Peña-Marin. Item No. 4 on today’s agenda was removed, and no further action was required on this matter. At the June 19th Arts and Culture Commission meeting, the Commission voted 3- 1 to approve the Sahuayo Sister City mural ranking list and the selection of artists. However, due to some uncertainty regarding the validity of the vote in relation to quorum requirements, it was requested that the item be continued to tonight’s meeting for clarification. After consulting with the City Attorney’s Office, it has been confirmed that, in accordance with the Commission’s bylaws and Rosenberg’s Rules of Order, a motion passes with a majority of those present and voting. As there were four City Council 6 – 101 9/16/2025 Arts and Culture Commission 4 7/17/2025 4. commissioners present and the item received a 3-1 vote, the action taken at the June meeting to approve the Sahuayo Sister City mural ranking list and the selection of artists stands as valid and final. Approval of Sahuayo Sister City Mural Ranking List and Selection of Artists Recommended Action: It is recommended that the Commission approve the ranking list for Sahuayo Sister City Mural project and recommend that the City Manager execute agreements with two (2) artists. ***END OF BUSINESS CALENDAR*** WORK STUDY SESSION 5.Discussion of theme for 2025-2026 Investing in the Artist Grant Program Minutes: Tram Le and the Commission discussed the theme for next year’s Artist Grant Program. Various themes were suggested by the Commissioners. There was a consensus that the theme revolve around the idea of “migration.” Chair Vu proposed the formation of an ad hoc committee to review the equity in future RFPs, composed of Commissioners Ochoa and Hernandez. 6.Discussion of Funding Priorities for Fiscal Year 2025-2026 Minutes: Chair Vu discussed the matter Tram Le presented previously discussed ideas, including continuing the sponsorship program for artists—open to both individuals and art organizations. The second idea was to offer a resource workshop focused on grant writing for artists. The Commission engaged in Q & A period. Chair Vu proposed the formation of an ad hoc sub-committee composed of Commissioners Vu and Peña-Marin. ***END OF WORK STUDY SESSION*** City Council 6 – 102 9/16/2025 Arts and Culture Commission 4 7/17/2025 COMMENTS 7.Staff member comments Minutes: Tram Le – provided an update on the mural restoration program, noting that it is moving forward and currently awaiting the recipient’s submission of vendor forms. The deadline to submit all vendor forms is the end of July. 8.Commission member comments Minutes: •Commissioner Hernandez – Congratulations and welcome to Commissioner Peña-Marin. It's great to hear that the Sahuayo mural is progressing. Efforts to engage the community and ensure alignment with the goals of the art programs are appreciated. •Commissioner Vu – Extended a warm welcome to the new commissioner. The upcoming priority is to ensure that funding is allocated and managed appropriately. There will also be continued advocacy for increasing office staff capacity. ADJOURNMENT The next meeting of the Arts and Culture Commission is scheduled for August 21, 2025 at 5:30 PM in the Council Chamber. City Council 6 – 103 9/16/2025 Community Development Commission 5 3/5/2025 Community Development Commission Special Meeting Minutes March 5, 2025 CALL TO ORDER Acting Chairperson Gallegos Commission members present: Alfonso Ceja Villa Claudio Gallegos Ana Laura Padilla (arrived at 4:46 p.m.) Idalia Rios Dwayne Shipp Vivian Wilhelm Staff: Judson Brown, Housing Division Manager Maria Hodson, Housing Authority Coordinator Bianca Zurita, Recording Secretary PUBLIC COMMENTS – None CONSENT CALENDAR ITEMS 1.Excuse Commission Member(s) absence(s) Recommended Action: Excuse the absent member(s). 2.Special Meeting Minutes from October 14, 2024 Recommended Action: Approve minutes. 3.Special Meeting Minutes from November 13, 2024 Recommended Action: Approve minutes. 4.Special Meeting Minutes from December 13, 2024 Recommended Action: Approve minutes. City Council 6 – 104 9/16/2025 Community Development Commission 5 3/5/2025 Moved by Commissioner Rios, seconded by Commissioner Shipp to Approve Consent Calendar items. YES: 5 – Idalia Rios, Claudio Gallegos, Alfonso Ceja Villa, Vivian Wilhelm, Dwayne Shipp NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Ana Laura Padilla Status: 5 – 0 – 0 – 1 – Pass ***END OF CONSENT CALENDAR*** BUSINESS CALENDAR 5.Approve the Housing Authority 5-Year Plan and Annual Plan Recommended Action: 1.Recommend that the City Council conduct a public hearing in consideration of the approval and submission of the Housing Authority 5-Year Plan and Annual Plan to the U.S. Department of Housing and Urban Development. 2.Recommend that the City Council adopt a resolution approving the Housing Authority 5-Year Plan and Annual Plan and authorize the Executive Director of the Housing Authority to submit the 5-Year Plan and Annual Plan to the U.S. Department of Housing and Urban Development. Minutes: Maria presented both the 5-Year and Annual Plans. The Commission participated in a Q & A period. Moved by Commissioner Gallegos, seconded by Commissioner Shipp to Approve. YES: 6 – Ana Laura Padilla, Idalia Rios, Claudio William Gallegos, Alfonso Ceja Villa, Vivian Wilhelm, Dwayne Shipp NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 6 – 0 – 0 – 0 – Pass ***END OF BUSINESS CALENDAR*** City Council 6 – 105 9/16/2025 Community Development Commission 5 3/5/2025 COMMENTS 6.Staff member comments Minutes: Judson – Announced the Grand Opening Celebration at The Arch Ways, happening next Wednesday at 10 a.m. 7.Commission members comments Minutes: •Ceja Villa – Thanked staff for their hard work. •Wilhelm – Thanked staff for the presentation. •Padilla – Thanked staff for the presentation. ADJOURNMENT The next regular meeting of the Community Development Commission is scheduled for March 26, 2025 at 4:30 PM in the Council Chamber. City Council 6 – 106 9/16/2025 City Manager’s Office www.santa-ana.org/cm Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Informational Report for the California Department of Social Services Child Care Grant AGENDA TITLE Informational Report for the California Department of Social Services Child Care Grant RECOMMENDED ACTION Receive and file informational report for the California Department of Social Services (CDSS) child care grant. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The purpose of this report is to provide information to the public regarding the cancellation of the CDSS child care grant. Background During FY22-23, Parks, Recreation, and Community Services Agency (PRCSA) staff submitted an application to CDSS for an after-school child care program with a proposal to begin service fall 2023. On May 23, 2023, the City received notification from CDSS of a proposed award of $6.7 million to fund a multi-year program. The CDSS issued a local agreement to Santa Ana on July 1, 2024 for an initial year of funding in the amount of $915,583 for start-up costs to initiate the program and provide a minimum of 12 days of operation during FY24-25. Future actual grant receipts would be based on attendance and compliance with CDSS Funding Terms and Conditions (explained further below). On November 19, 2024, the City Council approved the PRCSA recommendation to accept the CDSS grant (Exhibit 1). To satisfy the requirement to provide a minimum 12 days of operation during FY24-25, the City had a deadline of May 12, 2025 to establish the program. After follow-up with PRCSA staff regarding the status of program implementation, and a site visit to the City of La Habra that operates a CDSS funded child-care program, City Management City Council 8 – 1 9/16/2025 Informational Report for the California Department of Social Services Child Care Grant September 16, 2025 Page 2 5 3 3 9 discovered a series of challenges associated with the program. Some of these challenges were not identified until shortly before the May 12 deadline to begin child care service. Funding Terms and Conditions The CDSS Funding Terms and Conditions (Exhibit 2, an 81-page document available on the CDSS website) require grantee compliance with the following: •Title 45 Code of Federal Regulations addressing public welfare; •Any applicable Welfare and Institutions Code statutes; •Title 5 California Code of Regulations addressing educational requirements, staff qualifications, program administration, and parent involvement; •Title 22 California Code of Regulations addressing facility licensing, health and safety standards, and staff background checks; •Specific program requirements; •The CDSS Audit Guide; •The California School Accounting Manual; •Uniform administrative requirements, cost principles, and audit requirements for federal awards, known as Uniform Guidance; and •Any other applicable regulations. During the initial stages of planning, PRCSA staff believed the program would be exempt from Title 5 and Title 22 Regulations. Shortly after receiving the award notification, CDSS clarified the City would indeed need to adhere to these regulations, as outlined in the Funding Terms and Conditions document on the CDSS website. The regulations were not addressed in the November 19, 2024 staff report to City Council. Examples include: •Site licensing with facility compliance and inspections, such as the provision of separate bathrooms for adults and children with different sized fixtures; which cannot be accommodated by the City’s current facilities without significant capital improvements. •Food distribution safety requirements, which PRCSA staff planned to satisfy by utilizing the Santa Ana Unified School District (SAUSD) food distribution system. There was no written agreement with SAUSD to provide these services. Distributing food in-house would necessitate significant capital improvements for kitchen and food-safety compliance, such as allergy management. •Minimum staffing requirements. •Medical training for staff. •Certified teachers to develop and manage a curriculum. •Specific insurance requirements. •Development of numerous policies to address child pick-up safeguards, discipline procedures, and parent-teacher communications. City Council 8 – 2 9/16/2025 Informational Report for the California Department of Social Services Child Care Grant September 16, 2025 Page 3 5 3 3 9 •Specific requirements for enrollment, attendance tracking, and determining student eligibility. Without implementing a specialized software system, these requirements would be difficult to comply with and regular state audits come with a high level of scrutiny. As part of the initial application (Exhibit 3), PRCSA planned to serve 515 school-aged children at seven (7) different City facilities with a staff to child ratio of 1:10 resulting in a plan for 52 qualified staff members. Title 22 Regulations only require a ratio of 1:14 for school-aged children, resulting in a need for 37 qualified staff members. PRCSA staff planned to hire an experienced Site Director to subsequently hire certified teaching staff and to develop a curriculum and a plan to comply with Title 5 and Title 22 Regulations. This would place significant risk of City liability in one new employee’s hands. The City currently lacks the institutional experience, resources, and capacity to effectively and successfully implement a program compliant with all applicable regulations within the initial contract period. Grantee Agencies City Management was able to find recent CDSS award information for the child care program. •FY21-22 – only 3 of 113 awardees were cities (Colton, Los Angeles, and Oakland) •FY22-23 – only 1 of 108 awardees was a city (Santa Ana) •FY23-24 – no award information posted •FY24-25 – no cities were among the 108 awardees The overwhelming majority of awardees were non-profit organizations and educational agencies that have existing resources and facilities to provide education and childcare. PRCSA staff advised City Management that Santa Ana was the last applicant accepted to the program before CDSS stopped accepting new applications citing projected future state budget shortfalls. Fiscal Review The City has an internal requirement for departments to submit grant information to Finance for a fiscal review before a grant award is accepted. PRCSA staff did not submit the grant information for a fiscal review as they saw the award as “contract funds” as opposed to a grant, even though the proposed resolution for City Council on November 19 included an authorization to execute any documents “necessary to accept the grant award.” The program does not provide assurances for future reimbursements of the City’s total costs associated with the program. For example, the City would not be reimbursed for charges that are not in full compliance with the Funding Terms and Conditions. As another example, the City would be required to enter into contracts with families served City Council 8 – 3 9/16/2025 Informational Report for the California Department of Social Services Child Care Grant September 16, 2025 Page 4 5 3 3 9 by the program and, if the state ceased to provide funding for the program, the City would be required to honor the agreed-to services for families without state reimbursement. Award Relinquishment On May 2, 2025, at the direction of City Management, PRCSA staff issued an award relinquishment letter to CDSS (Exhibit 4). The City had not yet spent any of the funding award. The decision was based on the City’s lack of preparation to meet the May 12, 2025 deadline, the City’s lack of experience and resources to comply with regulations, the risk associated with relying on a single new employee to ensure program compliance, the potentially significant capital improvements necessary for facilities, the potential need to operate the program without reimbursements, and the City’s financial outlook with the impending decrease of local sales tax. The City Manager apprised the City Council of the relinquishment during individual meetings with each City Council Member. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with the recommendation. EXHIBIT(S) 1. November 19, 2024 City Council agenda item to accept the CDSS award 2. CDSS Funding Terms and Conditions 3. Initial Application for Funding 4. Award Relinquishment Letter Submitted By: Kathryn Downs, Assistant City Manager Approved By: Alvaro Nuñez, City Manager City Council 8 – 4 9/16/2025 28.Resolution Approving the Acceptance of Contract Funds from the California Department of Social Services (CDSS) Department(s): Recommended Action: 1. Adopt a resolution approving the acceptance of contract funds from CDSS for startup funding for after school care and full day camps for child care and development programming. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING CONTRACT FUNDS FROM THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR PROVISION OF CHILD CARE AND DEVELOPMENT SERVICES AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE NECESSARY 2. Approve the agreement with CDSS for child care and development programming (Agreement No. A-2024-XXX). 3. Approve an appropriation adjustment for program startup funding to recognize $915,583 from the CDSS in the PRCSA Revenue Account, Center Programs (13113002-53301) and appropriate the same amount in the PRCSA, Child Development Services expenditure accounts (13113251-various). (Requires five affirmative votes) 4. Adopt a resolution amending the current fiscal year 2024-2025 annual budget to adjust full-time positions in the Parks, Recreation, and Community Services Agency, including additions and a reallocation. (Requires five affirmative votes) RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2024- 2025 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY EXHIBIT 1 City Council 8 – 5 9/16/2025 Parks, Recreation, and Community Services Agency www.santa-ana.org/parks Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 19, 2024 TOPIC: Child Care and Development Programming AGENDA TITLE Resolution Approving the Acceptance of Contract Funds from the California Department of Social Services (CDSS) RECOMMENDED ACTION 1. Adopt a resolution approving the acceptance of contract funds from CDSS for startup funding for after school care and full day camps for child care and development programming. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING CONTRACT FUNDS FROM THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR PROVISION OF CHILD CARE AND DEVELOPMENT SERVICES AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE NECESSARY 2. Approve the agreement with CDSS for child care and development programming (Agreement No. A-2024-XXX). 3. Approve an appropriation adjustment for program startup funding to recognize $915,583 from the CDSS in the PRCSA Revenue Account, Center Programs (13113002-53301) and appropriate the same amount in the PRCSA, Child Development Services expenditure accounts (13113251-various). (Requires five affirmative votes) 4. Adopt a resolution amending the current fiscal year 2024-2025 annual budget to adjust full-time positions in the Parks, Recreation, and Community Services Agency, including additions and a reallocation. (Requires five affirmative votes) RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2024-2025 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY EXHIBIT 1 City Council 8 – 6 9/16/2025 Child Care and Development Programming November 19, 2024 Page 2 4 6 4 7 GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City of Santa Ana Parks, Recreation, and Community Services Agency (PRCSA) applied for contract funds from California’s General Child Care and Development (CCTR) program operated through CDSS. CDSS accepted the application for funding from PRCSA to implement an after-school program and full day summer day camp for students ages five to thirteen, in grades first through sixth. The after-school program will take place weekly between the hours of 3:00 and 6:00 p.m., with modified programming hours on Wednesdays to be in alignment with the Santa Ana Unified School District Elementary School bell schedule. The full-day summer day camp will take place for 10 weeks during summer recess from 7:00 a.m. to 5:30 p.m. Each location will be able to serve a minimum of 28 participants, with larger centers hosting as many as 56 participants. By leveraging existing partnerships PRCSA has developed with community-based organizations, the program will focus on enrichment activities and recreation programing including dramatic and creative arts, music, Science, Technology, Engineering, Art, Mathematics (S.T.E.A.M.) curriculum, athletic activities, homework assistance, and much more. The summer day camp will mirror the current Summer Splash Day camp format including access to arts and crafts activities, outdoor play, Learn-to-Swim Lessons, Recreation Swim Opportunities, and weekly excursions and activities related to themed-weeks throughout summer recess. The program consists of low to no-cost care for qualified families who meet the income guidelines provided by the State for CDSS Contract Programs (Exhibit 4). The intake and application process will determine if families are responsible for any costs associated for their children to participate in the program. Program Location Estimated Program Opening Timeframe Maximum Amount of Participants Garfield Community Center Spring 2025 28 Salgado Recreation Center Fall/Winter 2025 56 Jerome Recreation Center Fall/Winter 2025 56 El Salvador Community Center Fall/Winter 2025 28 Action taken to accept this contract will assist up to 515 school-age participants and their families by providing consistent after school and summer day camp care at up to seven PRCSA sites throughout the City. The initial planned program locations that have been identified as the first to go through the licensing process are Garfield Community Center, El Salvador Community Center, Jerome Recreation Center, and Salgado EXHIBIT 1 City Council 8 – 7 9/16/2025 Child Care and Development Programming November 19, 2024 Page 3 4 6 4 7 Recreation Center. Additional PRCSA programming locations will be evaluated to determine if CIP considerations are needed to align with licensing requirements. After hiring the recently approved Full-time Site Director classification, the process of obtaining facility licenses will begin. The Site Director is required to attend a Child Care Centers Orientation as well as an Operations and Recordkeeping Orientation. Once certified in both Child Care Centers and Operations and Record Keeping, the Site Director will submit applications for each of the identified centers to become a licensed California State Child Care Provider. The overall process can take up to one to three months, depending on the readiness of each facility and meeting the current guidelines set forth by the State of California. Initial licensing fees total $968 with recertification fees totaling $484 that are paid annually and can be renewed without issue, as long as there are no new requirements designated by State governing bodies. The City is not required to have additional insurance, as we currently provide similar childcare with our drop-in programs after school and our summer day camps. Programming would include partnership agreements with local community-based organizations to provide additional enrichment and learning opportunities for participants. PRCSA Headcount To begin Phase 1 of licensing and enrollment as part of the CDSS Contract, PRCSA needs the addition of four (4) positions to PRCSA’s overall personnel headcount. This includes one (1) Full-time Site Director, one (1) Full-time Site Teacher, one (1) Full-time Teacher’s Aide, and one (1) Senior Management Analyst. Recruitment for the initial Site Director will take place immediately after contract approval, as this position is critical in establishing required Child Care Center licensing and program build out. The Senior Management Analyst will follow. PRCSA Staff will act as the liaison between the Site Director and Recreation Division and will assist in bridging the processes of licensing, reporting, purchasing, and enrollment for the CDSS contract with the standards and operation requirements set forth by the City. After successfully licensing the initial PRCSA facilities, Phase 2 of program build out will commence with the hire of Full-time Site Teachers and Full-time Teacher’s Aides. These supporting roles are necessary for enrollment of participants and implementation of the program under the supervision of the Site Director. Pursuant to Section 609 of the City Charter, a budget amendment requires an affirmative vote of at least two-thirds (2/3) of the City Council. EXHIBIT 1 City Council 8 – 8 9/16/2025 Child Care and Development Programming November 19, 2024 Page 4 4 6 4 7 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City will receive initial startup funding in the amount of $915,583, of the tentative award amount of $6,691,179. Startup funds will be used to cover the cost of new staff, licensing, training, program equipment, and facility upgrades required by the State, as well as community engagement workshops for potential program participants and their families. With approval of the appropriation adjustment, funds will be budgeted and available in the following account for fiscal year 2024-2025 and any remaining balance not expended at the end of the fiscal year will be carried forward into fiscal year 2025-2026: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount 24-25 13113251-Various Miscellaneous PRCSA-Child Development Services-Various $915,583 After initial startup funding, contract payments will be received through disbursements based on program participation and attendance as certified by PRCSA Staff with quarterly audits. The balance of the contract amount will be budgeted during the City’s fiscal year 2025-2026 budget process. Funding for this program will be ongoing contingent upon the City maintaining qualified enrolled participants as mandated by CDSS. State governing bodies have the right to withdraw or extend additional funds based on the needs of the State Budget. Historically, this program has maintained funding to keep certified programs that are in good standing active without major disruptions to service levels. Funds received from CDSS are for the exclusive use of this contract and cannot be used to supplement other programs, staffing, or additional budget items for PRCSA or the City of Santa Ana. EXHIBIT(S) 1. Proposed Award Letter 2. Resolution Accepting Contract Funding 3. Resolution Amending Current Fiscal Year Budget to Adjust Full-time Positions in PRCSA 4. State Income Guidelines for FY 24/25 Submitted By: Hawk V. Scott, Executive Director of Parks, Recreation, and Community Services Approved By: Alvaro Nuñez, City Manager EXHIBIT 1 City Council 8 – 9 9/16/2025 May 23, 2023 City of Santa Ana Parks and Rec Hawk Scott 20 Civic Center Plaza, M-23 Santa Ana 92701 SUBJECT: FISCAL YEAR 2022–23 GENERAL CHILD CARE AND DEVELOPMENT PROGRAM EXPANSION FUNDS REQUEST FOR APPLICATION, ROUND TWO Dear Hawk Scott The California Department of Social Services (CDSS), Child Care and Development Division (CDDD), is pleased to inform you that your application received a score of 79 and your agency will be receiving a proposed award amount of $6,718,488.00. As set forth in the Request for Applications, agencies selected for funding were determined by the following priority order: 1. Allocated Counties 2. Local Child Care and Development Planning Council priority order 3. Highest score order Please note that this letter is not a contractual agreement, and no award money is final until a contract has been fully executed, which occurs when both parties have signed the contract. Prior to that time, the CDSS has the right to conduct additional due diligence to ensure that the award agency can fulfill all programmatic and fiscal requirements. Upon completion of contract negotiations, your agency will be mailed a contract for your signature. Any costs incurred outside the performance period of a fully executed contract may not be reimbursed. Contracts for subsequent fiscal years (July 1 through June 30, annually) are renewed each spring through a continued funding application process and are subject to CDSS approval. Please note that the contract process takes time based on when the funding is released to the CDSS following the enactment of the state budget. A Fiscal Analyst will provide EXHIBIT 1 City Council 8 – 10 9/16/2025 technical assistance during the contract process to ensure that your contract is appropriately funded and to advise you on submission of expenditures eligible for reimbursement, based on when you begin operations. The CDSS looks forward to maintaining an ongoing positive relationship in support of families and children of California. If you have any questions regarding this subject, please contact the Funding Application Unit at CCTRRFA@dss.ca.gov. Sincerely, Lupe Jaime-Mileham, EdD, Deputy Director Child Care and Development Division EXHIBIT 1 City Council 8 – 11 9/16/2025 Resolution No. 2024-XXX Page 1 of 3 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING CONTRACT FUNDS FROM THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR PROVISION OF CHILD CARE AND DEVELOPMENT SERVICES AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE NECESSARY WHEREAS, the Legislature and Governor of the State of California have approved funds for child care and development services; and WHEREAS, the California Department of Social Services (“CDSS”) has been delegated the responsibility for the administration of the contracts for such funding; and WHEREAS, the City’s Parks, Recreation and Community Services Agency submitted an application on behalf of the City to receive funds for child care and development services; and WHEREAS, the City was notified that it has been selected for a proposed award in an amount not to exceed $6,718,488; and WHEREAS, CDSS requires, as a condition precedent to the award, that a resolution must be adopted in order to certify the approval of the City Council to enter into a transaction with the CDSS for the purpose of providing child care and development services and to authorize designated personnel to sign contract documents for Fiscal Year 2024-25. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council of the City of Santa Ana hereby agrees to the terms and authorizes entering into the Local Agreement with the State of California, attached as Exhibit A, and that the designated personnel below are authorized to execute any additional documents regarding the child care and development funding on behalf of the City. Section 2 The City Council of the City of Santa Ana hereby authorizes the City Manager, or their designee, on terms acceptable to the City Attorney, to execute any documents that are necessary to accept the grant award described herein from the California Department of Social Services. EXHIBIT 1 City Council 8 – 12 9/16/2025 Resolution No. 2024-XXX Page 2 of 3 Section 3. 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 November, 2024. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_____________________ Brandon Salvatierra Deputy City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ EXHIBIT 1 City Council 8 – 13 9/16/2025 Resolution No. 2024-XXX Page 3 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-____ to be the original resolution adopted by the City Council of the City of Santa Ana on November ___, 2024. Date: ________________ ____________________________________ City Clerk City of Santa Ana EXHIBIT 1 City Council 8 – 14 9/16/2025 EXHIBIT A EXHIBIT 1 City Council 8 – 15 9/16/2025 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: DATE: CONTRACT NUMBER: PROGRAM TYPE: PROJECT NUMBER: CITY OF SANTA ANA PARKS AND RECREATION CCTR-4390 30-C101-00-4 STATE OF CALIFORNIA F.Y. July 01, 2024 GENERAL CHILD CARE & DEV PROGRAMS 24 - 25 This Agreement is entered into between the State Agency and the Contractor named above. The Contractor agrees to comply with the terms and conditions of the CURRENT APPLICATION; GENERAL TERMS AND CONDITIONS (GTC 04/2017)*; the GENERAL CHILD CARE AND DEVELOPMENT PROGRAM REQUIREMENTS (Program Requirements)*; the FUNDING TERMS AND CONDITIONS (FT&C)*, as approved by the State Agency referenced at: https://www.cdss.ca.gov/inforesources/child-care-and-development/contractor-resources. Where the GTC 04/2017 conflicts with either the Program Requirements or the FT&C, the Program Requirements or the FT&C will prevail. Funding of this Agreement is contingent upon appropriation and availability of sufficient funds. This Agreement may be terminated immediately by the State if funds are not appropriated or available in amounts sufficient to fund the State's obligations under this Agreement. The period of performance for this Agreement is July 01, 2024 through June 30, 2025. For satisfactory performance of the required services, Effective November 9, 2022, the service county reimbursement rate as provided in CCB NO. 22-32: https://cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/CCBs/2022/CCB_22-32.pdf?ver=2022-11-10-135821-41 0 is applicable to the sites, as located in the service counties, approved by the Child Care Development Division and indicated in the Child Development Management Information System (CDMIS), the Minimum Days of Operations (MDO), which is based on the approved program calendar, and the Maximum Reimbursable Amount (MRA) of $915,583.00 Up to $915,583.00 of the MRA may be expended as one-time-only start-up costs in accordance with WIC 10300 and the Funding Terms and Conditions. During the term of this Agreement, the Agreement Rate, the MDO and the MRA may be adjusted through an Allocation Letter issued to the Contractor by State Agency. SERVICE REQUIREMENTS Minimum Days of Operation (MDO): 12 Any provision of this Agreement found to be in violation of Federal or State statute or regulation shall be invalid but such a finding shall not affect the remaining provisions of this Agreement. Items shown with an asterisk (*), are hereby incorporated by this reference and made part of this Agreement as if attached hereto. Amendments to any of these asterisked documents during the term of this Agreement shall be incorporated by reference as of the date issued by State Agency without need for formal amendment. https://www.cdss.ca.gov/inforesources/child-care-and-development/contractor-resources . STATE AGENCY: CALIFORNIA DEPARTMENT OF SOCIAL SERVICES $ $ AMOUNT ENCUMBERED BY THIS DOCUMENT PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT TOTAL AMOUNT ENCUMBERED TO DATE STATUTE FISCAL YEARCHAPTER OBJECT OF EXPENDITURE (CODE AND TITLE) ITEM (OPTIONAL USE) FUND TITLEPROGRAM/CATEGORY (CODE AND TITLE) 702 13254-C101 915,583 2024-20252024 Child Development Programs General 915,583 5180-101-0001 B/A 30.10.020.001 SACS: Res-6105 Rev-8590 9990$ 0 IMPORTANT: Signature is not required. EXHIBIT 1 City Council 8 – 16 9/16/2025 Resolution 2024-XXX Page 1 of 3 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2024-2025 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines, and declares as follows: A. On June 18, 2024, the City Council passed and adopted Ordinance no. NS - 3067, establishing the City’s Budget for Fiscal Year 2024-2025 and authorizing position allocations for the Fiscal Year 2024-2025. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by Council. B. On October 1, 2024, the City Council approved an appropriation adjustment to carryover unspent amounts from Fiscal Year 2023 -2024 to Fiscal Year 2024- 2025. C. The Executive Director of the Parks, Recreation and Community Services Agency requests to amend the Fiscal Year 2024-2025 budget to add one (1) Site Director, one (1) Site Teacher, one (1) Teacher’s Aide, and one (1) Senior Management Analyst. D. It is now desired to amend the Fiscal Year 2024-2025 budget, as amended in order to effect this change, as shown below. Section 2: The City’s annual budget for Fiscal Year 2024-2025, as amended, is hereby further amended to add the following positions in the Parks, Recreation & Community Services Agency, at the monthly seven-step range as indicated: 7-Step Salary Rate Range Effective November, 19, 2024 Classification Title Number of Positions Added Scale Monthly Salary Minimum-Maximum Site Director 1 656 $5,438 - $7,287 Site Teacher 1 626 $4,696-$6,295 Teacher’s Aide 1 576 $3,678-$4,931 EXHIBIT 1 City Council 8 – 17 9/16/2025 Resolution 2024-XXX Page 2 of 3 Section 3: The City’s annual budget for Fiscal Year 2024-2025, as amended, is hereby further amended to add the following position in the Parks, Recreation & Community Services Agency, at the monthly five-step range as indicated: 5-Step Salary Rate Range Effective November 19, 2024 Classification Title Number of Positions Added Scale Monthly Salary Minimum-Maximum Senior Management Analyst 1 707 $8,641-$10,501 Section 4: All classification salary rate ranges are set forth in the City's "Salary Schedule" as periodically updated. Section 5: That except as amended by this resolution, all other provisions of the Annual Budget for the Fiscal Year 2024-2025, as amended, shall remain in full force and effect. Section 6: This Resolution is operative from and after the date upon which it is adopted. ADOPTED this 19th day of November 2024. ___________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: __________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers EXHIBIT 1 City Council 8 – 18 9/16/2025 Resolution 2024-XXX Page 3 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, 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 November 19, 2024. Date: ___________________ ____________________________ City Clerk EXHIBIT 1 City Council 8 – 19 9/16/2025 Monthly Part- time Fee Family Size 1 or 2 Family Size 3 Family Size 4 Family Size 5 Family Size 6 Family Size 7 Family Size 8 or more $29.05 5,819 6,593 7,687 8,917 10,147 10,378 10,608 $29.45 5,897 6,681 7,790 9,036 10,282 10,516 10,750 $29.85 5,975 6,768 7,892 9,155 10,417 10,654 10,891 $30.25 6,052 6,856 7,995 9,274 10,553 10,793 11,032 $30.60 6,130 6,944 8,097 9,393 10,688 10,931 11,174 $31.00 6,207 7,032 8,200 9,511 10,823 11,069 11,315 $31.40 6,285 7,120 8,302 9,630 10,959 11,208 11,457 $31.80 6,362 7,208 8,405 9,749 11,094 11,346 11,598 $32.20 6,440 7,296 8,507 9,868 11,229 11,484 11,740 $32.55 6,518 7,384 8,609 9,987 11,365 11,623 11,881 $32.95 6,595 7,472 8,712 10,106 11,500 11,761 12,023 Monthly Full- time Fee Family Size 1 or 2 Family Size 3 Family Size 4 Family Size 5 Family Size 6 Family Size 7 Family Size 8 or more $58.10 5,819 6,593 7,687 8,917 10,147 10,378 10,608 $58.90 5,897 6,681 7,790 9,036 10,282 10,516 10,750 $59.70 5,975 6,768 7,892 9,155 10,417 10,654 10,891 $60.50 6,052 6,856 7,995 9,274 10,553 10,793 11,032 $61.20 6,130 6,944 8,097 9,393 10,688 10,931 11,174 $62.00 6,207 7,032 8,200 9,511 10,823 11,069 11,315 $62.80 6,285 7,120 8,302 9,630 10,959 11,208 11,457 $63.60 6,362 7,208 8,405 9,749 11,094 11,346 11,598 $64.40 6,440 7,296 8,507 9,868 11,229 11,484 11,740 $65.10 6,518 7,384 8,609 9,987 11,365 11,623 11,881 $65.90 6,595 7,472 8,712 10,106 11,500 11,761 12,023 Jul-24 End Worksheet Monthly Full-time Based on 2022 American Community Survey (2022ACS) Information provided by California Department of Finance, April 2024 California Department of Social Services Directions for worksheet: Monthly Part‐time table begins at cell A6 and ends at cell H 17. Monthly Full‐time table begins at cell A19 and ends at cell H 30. All information is aligned to column A. Family Monthly Fee Schedule California Department of Social Services – Effective: July 1, 2024 State enrollment cutoff = 85% of 2024 State Median Income (SMI) from CA DOF (2022 ACS) Monthly Part-time EXHIBIT 1 City Council 8 – 20 9/16/2025 1 EXHIBIT 2 CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FUNDING TERMS AND CONDITIONS (FT&C) FT&C For: CalWORKs Stage 2 (C2AP) CalWORKs Stage 3 (C3AP) Alternative Payment Program (CAPP) General Childcare and Development (CCTR) Family Childcare Home Education Networks (CFCC) Programs for Children with Severe Disabilities (CHAN) Migrant Alternative Payment Program (CMAP) Migrant Childcare and Development Program (CMIG) Local Childcare and Development Council (CLPC) Resource and Referral Program (CRRP) Effective July 1, 2024 City Council 8 – 21 9/16/2025 2 Table of Contents I. INTRODUCTION .................................................................................................. 6 II. GENERAL PROVISIONS ..................................................................................... 7 A. Notification of Address Change (5 CCR 18014) ........................................ 7 B. Notification of Email Contact Changes ...................................................... 8 C. Materials Developed with Contract Funds (5 CCR 18016) ........................ 8 D. Issuance and Use of Checks (5 CCR 18018) ............................................ 8 E. Prohibition against Loans and Advances (5 CCR 18019) .......................... 8 F. Contracts with Multiple Service Areas (5 CCR 18022)............................... 9 G. Compliance Reviews (5 CCR 18023(b)(d)) ................................................ 9 H. Error Rate ................................................................................................ 10 I. Applicability of Corporations Code ........................................................... 10 J. Conflicts of Interest (WIC 10266.5) .......................................................... 10 K. Unlawful Denial of Services (GC 11135 and 5 CCR 4900) ...................... 12 L. Computer Software Copyright Compliance .............................................. 12 M. Recycled Paper Certification (PCC 12205, 12209, 12320) ...................... 12 N. Healthy Schools Act ................................................................................. 13 O. Technical Assistance (WIC 10397(c)) ...................................................... 14 P. Resolution of Contract Administration Disputes (WIC 10391 and 5 CCR 18301) ...................................................................................................... 14 III. COSTS, EARNINGS AND REIMBURSEMENT .................................................. 15 A. Contract Amount Adjustments (Applies to C2AP, C3AP) (5 CCR 18033, 18034) ...................................................................................................... 15 B. Reasonable and Necessary Costs (5 CCR 18013(s), 18033, WIC 10213.5, 2 CFR 200.404) ....................................................................................... 15 C. Indirect Costs (5 CCR 18013(m), 18013(n), 2 CFR 200.414) .................. 15 D. Administrative Costs (WIC 10302, 5 CCR 18013(c)) ............................... 16 E. Service Level Exemption (Start-Up Costs) for New or Expanded Center- based Programs (WIC 10300, 10238) ..................................................... 16 F. Costs for Travel and Per Diem & Restrictions (WIC 10280 and 10285; GC 11139.8, 5 CCR 18031, 18034, and 18041) ............................................ 17 G. Specific Items of Reimbursable Costs (WIC 10280; 5 CCR 18034) ........ 18 H. Non-reimbursable Costs (5 CCR 18035) ................................................. 19 I. Charging of Expenditures (WIC 10280; 5 CCR 18037) ........................... 21 City Council 8 – 22 9/16/2025 3 J. Recoupment of Advanced Contract Funds (WIC 10280; and 5 CCR 18038) ...................................................................................................... 21 K. Determination of Reimbursable Amount (WIC 10280, 5 CCR 18054, Section 18, Chapter 193, Statutes of 2023 (SB 140) ............................... 21 L. Child Care Provider Reimbursement (Section 24, Chapter 41, Statutes of 2024, (AB 116)) ....................................................................................... 23 M. Minimum Days of Operation (5 CCR 18055) ........................................... 23 N. Reduction, Withholding, and Canceling Apportionments to Contractors (WIC 10267.5 and 10285; 5 CCR 18056) ................................................ 24 O. Order of Expenditure (5 CCR 18057)....................................................... 24 IV. ACCOUNTING AND REPORTING REQUIREMENTS ....................................... 24 A. General Provisions (5 CCR 18063) ......................................................... 24 B. Child Development Fund and Interest-Bearing Accounts (5 CCR 18064) 25 C. Enrollment and Attendance Accounting (WIC 10227.5 5 CCR 18065, Section 18, Chapter 193, Statutes of 2023 (SB 140)) .............................. 25 D. Attendance and Absences (5 CCR 18066) .............................................. 26 E. Abandonment of Care (5 CCR 18066.5) .................................................. 27 F. General Record Keeping Requirements (WIC 10232, 10232.5, 10233, 10269, EC, 33421 and 5 CCR 18067) ..................................................... 27 G. Attendance and Expenditure Reports ...................................................... 28 H. Voucher-based and CFCC Expenditure Reports ..................................... 30 I. Caseload Reports (Applies to C2AP, C3AP, CAPP and CMAP) ............. 31 J. Subsidized Provider Report (WIC 10422(c)(1)) ....................................... 31 K. CRRP Expenditure Reports (5 CCR 18068) ............................................ 31 L. Service Data Report for Resource and Referral Programs (5 CCR 18069) ................................................................................................................. 32 M. CLPC Reporting ....................................................................................... 33 N. Child Development Data Collection (5 CCR 18070) ................................ 33 O. Other Report Data (5 CCR 18070) .......................................................... 34 P. Budget and Calendar ............................................................................... 34 Q. Reserve Accounts (WIC 10441) .............................................................. 35 V. AUDIT REQUIREMENTS ................................................................................... 36 A. Annual Financial and Compliance Audits (WIC 10229.5, 10440, 5 CCR 18071 and) ............................................................................................... 36 City Council 8 – 23 9/16/2025 4 B. Review of Audit by the CDSS Office of Audit Services (OAS) (5 CCR 18072) ...................................................................................................... 37 C. Delinquent Audits and One-Time-Only Extensions (5 CCR 18073) ......... 38 D. California State Auditor (GC 8546.7) ....................................................... 38 VI. SUBCONTRACTS .............................................................................................. 38 A. Subcontracts Excluded from Requirements of this Section (5 CCR 18026, 18027) ...................................................................................................... 38 B. Required Subcontract Provisions (5 CCR 18031) .................................... 39 C. Private Agencies-Bids for Subcontracts (5 CCR 18027 & 2 CFR 200.320(f)) ............................................................................................... 41 D. Public Agencies Subcontracts ................................................................. 41 E. Prior CDSS Approval for Subcontracts $10,000 and Above (5 CCR 18028- 18030) ...................................................................................................... 41 F. Audit Requirements for Subcontracts (5 CCR 18032) ............................. 42 VII. FACILITIES AND EQUIPMENT .......................................................................... 43 A. Facilities and Equipment Expenditures .................................................... 43 B. Buildings and Improvements (5 CCR 18034(h)) ...................................... 43 C. Renovation and Repair (5 CCR 18034(f)) ................................................ 44 D. Depreciation and Use Allowance (5 CCR 18034(h)) ................................ 44 E. Preapproval Requirements (2 CFR 200.33, 200.439(b)(1) 5 CCR 18029 and 18040) ............................................................................................... 45 F. Obtaining Bids for Equipment Purchases, Leases, Replacements, and Improvements for Private Agencies (2 CFR 200 and 5CCR 18040) ........ 46 G. Obtaining Bids for Equipment Purchases for Public Agencies ................. 47 H. Asset Management .................................................................................. 47 I. Title, Use, Disposition and Retention (5 CCR 18025) .............................. 48 VIII. FUNDING ELIGIBILITY, CONTINUED FUNDING, CONTRACT STATUS, TERMINATIONS, AND APPEALS ...................................................................... 49 A. Eligibility for Funding (5 CCR 18001) ....................................................... 49 B. Review of Contracts for Continued Funding (5 CCR 18010) ................... 50 C. Contract Classifications ........................................................................... 51 D. Administrative Review of Changes in Contract Status (5 CCR 18303) .... 51 E. Conditional Contract Status Procedure .................................................... 52 F. Contract Termination Procedure .............................................................. 54 G. Independent Appeals (WIC 10392, 10393) .............................................. 57 City Council 8 – 24 9/16/2025 5 H. Procedures For Independent Appeals (5 CCR 18301 and GC 11500) .... 58 IX. BUILDING A BETTER EARLY CARE AND EDUCATION SYSTEM (BBECES) (WIC 10420-10429.5; CIVIL CODE 1798.17; 42 US 9858C(2)(D) AND (U); 45 CFR 98.16(AA), 98.33 AND 98.42) .................................................................... 60 A. Submission and Disclosure of Childcare Provider Information ............... 60 B. Notices and Communications .................................................................. 61 C. Reimbursement ....................................................................................... 61 D. Memorandum of Understanding .............................................................. 62 E. Interference .............................................................................................. 62 F. Training Partnership ................................................................................ 62 X. DEFINITIONS ..................................................................................................... 62 City Council 8 – 25 9/16/2025 6 I. INTRODUCTION These are the Funding Terms and Conditions (FT&C) for childcare and development contracts effective July 1, 2024. Each contractor is required as a condition of its contract (Contract) with the California Department of Social Services (CDSS), to adhere to the following laws and documents: A. Title 45 Code of Federal Regulations (45 CFR, Part 98, and Part 99) B. Any applicable Welfare and Institutions Code (WIC) statutes; C. Title 5 California Code of Regulations (5 CCR) Division 1, Chapter 19 and 19.5, Sections 18000 et seq. D. Title 22 California Code of Regulations (22 CCR), Division 12, community care facilities license regulations, including childcare centers; E. The FT&C; F. The specific Program Requirements; G. The CDSS Audit Guide; H. The California School Accounting Manual; I. The procedures and standards set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (2 CFR Part 200 and 45 CFR Part 75), hereinafter referred to as Uniform Guidance (UG); J. Pilot Plan addendum for agencies participating in approved Individualized Child Care Subsidy plan, pursuant to Chapter 187, Part 1.8, Division 9 of WIC commencing with Section 10350. K. In addition to all other applicable laws and regulations, including any applicable law and regulations that may become effective during the term of this contract. Any non-compliance with these provisions may subject the contractor to termination of the contract. Any variance from The Contract must be authorized in writing by the CDSS and signed by the Deputy Director of the Childcare and Development Division (CCDD) or the Deputy Director’s authorized representative. Unless otherwise noted, these compliance requirements apply to all programs. Contractors may adopt any reasonable policies relating to the administration of the program so long as such policies are not in conflict with law, regulations, or the terms of the Contract, including any amendments. Those potentially affected by the policies shall be duly notified, as provided for in statute and regulation, and be afforded all required due process. City Council 8 – 26 9/16/2025 7 California Welfare and Institutions Code (WIC) Section 10388(f) requires all childcare and development contracts entered into by the CDSS for means -tested childcare and development programs, including, but not limited to, Alternative Payment, General Childcare, and Childcare for Recipients of the California Work Opportunities and Responsibility to Kids (CalWORKs) Programs (described in WIC 10225, WIC 10240, and WIC 10370) to implement best practices in consultation with CDSS. Childcare and Development Division contracts are funded with state general funds, federal funds, or a combination of funds. The funding amounts are listed on the contract encumbrance page. Contracts may be fully or partially funded through a grant f rom the federal Department of Health and Human Services and subject to Code of Federal Regulations, Title 45 (45 CFR), Parts 98 and 99, the Childcare and Development Block Grant (CCDBG) Act of 1990, as amended by the CCDBG Act of 2014, Public Law 1113-186, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 42 USC 9858. If the Catalogue of Federal Domestic Assistance (CFDA) number is 93596, shown as FC# in the funding block, the fund title is Childcare Mandatory and Matchin g Funds of the Childcare and Development Fund. If the CFDA number is 93575, the fund title is Childcare and Development Block Grant subject to the Childcare and Development Block Grant Act of 1990, as amended by the CCDBG Act of 2014, Public Law 1113-186, the Omnibus Budget Reconciliation Act of 1990, Section 5082, Public Law 101-508, as amended, Section 658J and 658S, and Public Law 102-586. II. GENERAL PROVISIONS A. Notification of Address Change (5 CCR 18014) 1. Contractors shall notify the CDSS in writing of any change in the mailing address for communication regarding the contract (administrative address) within ten (10) calendar days of the address change. For non-public agencies, the notification must be accompanied by: a. Board minutes verifying the change in address; and b. A copy of the notification to the Internal Revenue Service of the address change. 2. Contractors shall notify the CDSS in writing of any proposed change in operating facility address(es) at least thirty (30) calendar days in advance of the change unless such change is required by an emergency such as fire, flood, or earthquake. City Council 8 – 27 9/16/2025 8 B. Notification of Email Contact Changes 1. Contractors shall assure that at all times the email address on file at the CDSS is accurate for contacting the following individuals: a. Executive Officer b. Program Director 2. Contractors shall utilize procedures provided by the CDSS to electronically add new addresses or delete old addresses, as needed. C. Materials Developed with Contract Funds (5 CCR 18016) 1. If the contractor receives income from materials developed with contract funds, the use of the income shall be restricted to the childcare and development program. 2. If the materials were developed in part with contract funds, the income from the sale of the materials that shall be used in the child development and development program shall be computed in direct proportion to the share of contract funds used in development of the materials. 3. Materials developed with contract funds shall contain: a. An acknowledgement of the use of state funds in the development of materials; b. A disclaimer that the contents do not necessarily reflect the position or policy of the CDSS. D. Issuance and Use of Checks (5 CCR 18018) Except for external payroll services, private contractors: 1. Shall not use any pre-signed, pre-authorized, or pre-stamped checks without the prior written approval of the CDSS; and 2. Shall require two (2) authorized signatures on all checks unless: a. The contractor has a policy approved by its governing board requiring dual signatures only on checks above a specified dollar amount. b. The annual audit verifies that appropriate internal controls are maintained. E. Prohibition against Loans and Advances (5 CCR 18019) 1. Contractors shall not loan contract funds to individuals, corporations, organizations, public or private agencies. City Council 8 – 28 9/16/2025 9 2. Contractors shall not advance unearned salary to employees. 3. Contractors shall not make advance payments to subcontractors and shall compensate subcontractors after services are rendered or goods are received except for: a. Subcontractors providing childcare and development services; and b. Subcontractors with subcontracts exempt from the provisions of Section VI, paragraph A, Contracts Excluded from Requirements of This Section. F. Contracts with Multiple Service Areas (5 CCR 18022) 1. CCTR, CHAN, and CMIG contractors with more than one service delivery area as specified in and funded through a single contract shall maintain service at the same level, plus or minus ten percent (10%) of the contracted child hours or child days of enrollment as applicable, in the individual service area(s) specified in its current contract. 2. The contractor may request approval from the CDSS to vary service levels by more than ten percent (10%) if the contractor can demonstrate that the need for services in the designated area(s) has changed. 3. The CDSS shall approve or deny the variable service level request within thirty (30) calendar days of receipt of the request. 4. If the variable service level request is denied, the contractor may appeal this decision in accordance with paragraph P, Resolution of Contract Administration Disputes, below. 5. Non-CalWORKs Alternative Payment program and CFCC contractors with more than one service delivery area, as specified in and funded through a single contract, shall maintain service at the same level in the individual service area(s) as most recently approved by CDSS. G. Compliance Reviews (5 CCR 18023(b)(d)) 1. At least once every three (3) years, and as resources permit, the CDSS shall conduct reviews at the contractor's office(s) and operating facility(ies) to determine the contractor's compliance with applicable laws, regulations and/or contractual provisions. 2. The compliance reviews shall be conducted according to the provisions of CMR Manual. 3. The compliance reviews shall be conducted by consultants, analysts, and/or management staff of the CDSS or other State of California representatives. City Council 8 – 29 9/16/2025 10 H. Error Rate Annually, the CDSS shall conduct a review of select voucher-based contract agency to determine an error rate in each of the following area s: 1. Eligibility; 2. Need; 3. Family Fee Assessment; and 4. Provider payments I. Applicability of Corporations Code Except for partnerships and sole proprietorships, private contractors shall be subject to all applicable sections of the Corporations Code including stan dards of conduct and management of the organization. J. Conflicts of Interest (WIC 10266.5) 1. All transactions shall be fair and reasonable and conducted at arm’s length where the contractor is a party to a transaction and the other party is one of the following: a. An officer or employee of the contractor or of an organization having financial interest in the contractor; or b. A partner or controlling stockholder or an organization having a financial interest in the contractor; or c. A family member of a person having a financial interest in the contractor. 2. No person employed by the CDE or CDSS in a policymaking position in the area of childcare and development programs shall serve as a member of the board of directors, advisory council, or advisory committee for any agency receiving funds pursuant WIC, Part 1.8 Child Care and Development Services Act. The provisions of this subdivision shall not apply to any person appointed prior to January 1, 1985. 3. No retired, dismissed, separated, or formerly employed person of the CDE or CDSS employed under the State Civil Service or otherwise appointed to serve in the CDE or CDSS may enter into a contract pursuant to WIC 10268.5 in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by the CDE or CDSS. The prohibition contained in this subdivision shall apply to the person only during the two-year period beginning on the date the person left state employment. City Council 8 – 30 9/16/2025 11 4. For a period of twelve (12) months following the date of his or her retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the CDE or CDSS may enter into a contract pursuant to WIC 10268.5 if he or she was employed by the department in a policymaking position in the area of childcare and development programs within the twelve (12) month period prior to his or her retirement, dismissal, or separation. 5. For a period of twelve (12) months following the date of his or her retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the CDE or CDSS may be employed by a contractor pursuant to WIC 10268.5 if he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by the CDE or CDSS. 6. The provisions above shall not apply to any persons who were already in the situations described by these subdivisions prior to January 1, 1985. 7. Based on corporate law (Corporations Code Sections 310, 5233-5234, 7233 and 9243 as applicable), the general rules to be followed to ensure that transactions are conducted at arm's length include: a. Prior to consummating the transaction, the governing body should authorize or approve the transaction in good faith and the board should require the interested party, or parties, to make full disclosure to the board both in writing and during the board meeting where the transaction is being discussed; and b. All parties having a financial interest in the transaction should refrain from voting on the transaction and it should be so noted in the board minutes. 8. If the transaction involves the renting of property, either land or buildings, owned by affiliated organizations, officers or other key personnel of the contractor or their families, the board of directors shall request the interested party to obtain a fair market rental estimate from an independent appraiser, licensed by the California Office of Real Estate Appraisers that supports all reimbursable costs under the transaction. a. A new fair market rental estimate for each change, adjustment, or escalation to any reimbursable costs under a transaction is required. b. If the contractor has no board or is a sole proprietor, the requirement for a fair market rental estimate shall also apply. 9. The contractor has the burden of supporting the reasonableness of rental costs. If the property is owned by the contractor, rental costs are not City Council 8 – 31 9/16/2025 12 reimbursable and costs may be claimed only as depreciation or use allowance. 10. Any transaction described in this section shall be disclosed by the auditor in the notes to the financial statement in the annual audit. (Uniform Guidance, Subpart F) 11. Rental costs for equipment owned by affiliated organizations, officers, or other key personnel of the contractor or their families are allowable only as depreciation or use allowance. K. Unlawful Denial of Services (GC 11135 and 5 CCR 4900) As used in this section, disability means any mental or physical disability as defined in GC 12926. 1. No person in the State of California shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. 2. With respect to discrimination on the basis of disability, programs and activities subject to 5 CCR 4900(a) shall meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 USC Section 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions. L. Computer Software Copyright Compliance By signing this agreement, the contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this contract for the acquisition, operation, or maintenance of computer software in violation of copyright laws. M. Recycled Paper Certification (PCC 12205, 12209, 12320) The contractor agrees to certify in writing to the CDSS, under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post-consumer waste and secondary waste as defined in Public Contract Code (PCC), Sections 12161 and 12200, in materials, goods or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the PCC, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. City Council 8 – 32 9/16/2025 13 N. Healthy Schools Act 1. All childcare and development center-based contractors are subject to the requirements of the Healthy Schools Act (HSA) as specified in California Education Code (EC) Sections 17608 to 17614. 2. For more information about the requirements of the HSA, contact the Department of Pesticide Regulation (DPR), Integrated Pest Management (IPM) via email at ccipmlist@cdpr.ca.gov, or visit the DPR School and Childcare IPM website. 3. To comply with the provisions of the HSA, childcare and development center - based contractors shall, among other requirements: a. Identify a school designee. Choose a center employee who will make sure the requirements of the Healthy Schools Act (HSA) are met when pesticides are used at your center. b. Develop an IPM plan Create an IPM plan using the DPR IPM Plan template available on the DPR School and Childcare IPM website; or get a self-drafted center IPM plan approved by DPR. c. Provide annual written notification. Send parents, guardians, and staff a written notification of pesticides you expect to apply at your center during the year. d. Establish individual notification registry. Establish a registry for all interested parents, guardians, and staff to sign up and receive notifications of individual pesticide applications. e. Post warning signs Post signs where you will apply pesticides. f. Keep Records Keep records of pesticide applications made by center staff and pest management contractors for at least four years. g. Send pesticide use reports to DPR Send pesticide use reports for pesticide applications made by center employees to DPR at least once per year. City Council 8 – 33 9/16/2025 14 h. Never use prohibited pesticides Always check the list of Pesticide Products Prohibited from Use in California Schools and Childcare Facilities prior to using a new pesticide product. i. Complete Annual IPM Training Take a DPR-approved training course before applying pesticides and renew annually. O. Technical Assistance (WIC 10397(c)) Technical assistance shall be provided to any contracting agency making a written request to its assigned consultant or administrator within sixty (60) days of receipt of the request. P. Resolution of Contract Administration Disputes (WIC 10391 and 5 CCR 18301) 1. The procedure specified in this section shall be used to resolve disputes between contractors and the CDSS that may arise regarding the interpretation and application of any term or condition of a contract, including, but not limited to, requests for waivers, app roval of subcontracts or expenditures requiring approval, requests for reimbursement rate adjustments, or reductions in the total amount of contract reimbursement that are not appealable. 2. The contractor shall attempt to resolve contract disputes at the lowest staff level within the CDSS. 3. If the dispute is not resolved at the lowest staff level, the contractor may appeal the decision by submitting a written description of the issues and the basis for the dispute to the Bureau Chief of the CDSS having jurisdiction over the contractor's service delivery area. The Bureau Chief shall make a determination and shall send a written notification of the decision to the contractor, together with the reasons for the decision, within thirty (30) calendar days of the receipt of the appeal. The contractor may appeal the decision of the Bureau Chief to the Branch Chief of the CCDD by submitting a written description of the issues in dispute, and a copy of the Bureau Chief’s decision. The Branch Chief of the CCDD shall send notification of the decision to the contractor and shall specify the reason(s) for the decision within thirty (30) calendar days of the receipt of the appeal by the Branch Chief. The decision of the Branch Chief of the CCDD shall be the final administrative action afforded the contractor. City Council 8 – 34 9/16/2025 15 III. COSTS, EARNINGS AND REIMBURSEMENT A. Contract Amount Adjustments (Applies to C2AP, C3AP) (5 CCR 18033, 18034) Child Development and Fiscal Services (CDFS) shall conduct monthly analyses of caseloads and expenditures and adjust agency contract maximum reimbursable amounts and allocations as necessary to ensure that funds are distributed in proportion to need. Prior to such action, however, CDFS will notify the contractor of the proposed action and the contractor will be gi ven an opportunity to provide written documentation that demonstrates the CDFS projections are inaccurate. Because of the need to transfer funds to an under- funded agency as quickly as possible, the contractor shall have three (3) working days from the date of notification to respond. B. Reasonable and Necessary Costs (5 CCR 18013(s), 18033, WIC 10213.5, 2 CFR 200.404) Contractors may be reimbursed for actual costs that are reasonable and necessary to the performance of the contract. Reasonable and necessary costs are those costs that do not exceed what an ordinarily prudent person would incur in the conduct of a competitive business under the circumstances prevailing at the time of the decision to incur the cost, and whether the cost is of a type recognized as ordinary and necessary for the operation of the entity or the proper and efficient performance of the award. Consideration must be given to market prices for comparable goods or services for the geographic area. C. Indirect Costs (5 CCR 18013(m), 18013(n), 2 CFR 200.414) 1. If indirect costs are claimed, an indirect cost allocation plan must be on file with the contractor and available for review by the CDSS staff and auditors. 2. The maximum indirect cost rate shall be ten percent (10%) of the modified total direct costs. 3. For any non-federal entity that has a negotiated indirect cost rate with CDE, which includes all school districts and county offices of education, the maximum indirect cost rate shall be the lesser of the CDE negotiated indirect cost rate or ten percent (10%). 4. Pursuant to 2 CFR 200.414(f), a non-federal agency that does not have a current negotiated rate, except for those non-Federal entities described in appendix VII to this part, paragraph D.1.b, may elect to charge a de minimis rate of ten percent (10%) of modified total direct costs (MTDC) which may be used indefinitely. No documentation is required to justify the 10% de minimis indirect cost rate. City Council 8 – 35 9/16/2025 16 5. This rate is applied to budget categories 1000 -5000 only in determining the maximum amount of indirect costs that are reimbursable under the contract. 6. The amount of cost allocable to this contract shall not exceed the benefits to this contract. The allocation method must quantify this benefit among all similar programs and then distribute the costs accordingly. 7. The indirect cost rate shall not include consideration of any costs otherwise non-reimbursable. If depreciation or use allowance is included in the indirect cost rate, such allowance shall not be claimed on the asset as a direct cost. 8. When determining reimbursable amounts, in accordance with paragraph K, Determination of Reimbursable Amount, below; indirect costs and administrative costs combined shall not exceed 15%. D. Administrative Costs (WIC 10302, 5 CCR 18013(c)) 1. Contractors may claim administrative costs, as defined in 5 CCR 18013(c), which are related to the administration of the childcare and development program. 2. Reimbursement of administrative costs shall not exceed fifteen percent (15%) of the net reimbursable program costs or actual administrative costs, whichever is less. 3. The fifteen percent (15%) includes any allowance for indirect costs, as described in paragraph C, Indirect Costs, above, and audits. Contractors shall maintain written documentation of the rationale used in determining direct and administrative costs. E. Service Level Exemption (Start-Up Costs) for New or Expanded Center- based Programs (WIC 10300, 10238) 1. Allowable start-up costs will be in an amount not to exceed fifteen percent (15%) of the expansion or increase of each agency’s total contract amount. 2. Start-up costs must be necessary for the establishment and stability of new childcare and development programs and include: a. Employment and orientation of necessary staff; b. Setting up of the program and facility; c. Finalization of rental agreements and necessary deposits; d. Purchase of a reasonable inventory of materials and supplies; and e. Purchase of an initial premium for insurance. City Council 8 – 36 9/16/2025 17 3. Contractors shall maintain an auditable record of start-up costs which shall be included within the audit at the end of the year. 4. Reimbursable start-up costs shall occur prior to attainment of full enrollment. 5. If all or part of the fifteen percent (15%) allowable start-up costs is needed and spent, that portion will not have to be earned through provision of services. 6. If the contractor neither needs nor chooses to claim any of the fifteen percent (15%) start-up costs, the full-service requirements shall be earned at the contract rate. 7. Migrant childcare and development agencies operating on a seasonal basis shall be reimbursed up to fifteen percent (15%) of the contract amount annually for approved start-up and close-down costs associated with starting up and closing down agency operations to correspond with periods of service needed by migrant families as specified in WIC, Division 9, Part 1.8, Chapter 6 (10235-10238). F. Costs for Travel and Per Diem & Restrictions (WIC 10280 and 10285; GC 11139.8, 5 CCR 18031, 18034, and 18041) 1. Contractors and subcontractors shall be reimbursed for travel and per diem expenses at rates not exceeding those amounts paid to the CDSS's represented employees computed in accordance with the California Department of Human Resources regulations, California Code of Regulations, Title 2, Division 1, Chapter 3, Subchapter 1, Article 2. 2. Contractors with collective bargaining agreements allowing higher rates of reimbursement shall not pay the difference out of contract funds. 3. The CDSS shall notify the contractor of a change in expense rates within thirty (30) calendar days after the CDSS has received notification of a change in rates from the California Department of Human Resources. 4. Contractors shall be reimbursed for out-of-state travel expenses only with prior written approval from the CDSS. The CDSS shall not approve out-of- state travel expenses: a. For more than one employee, per contract per year. b. For contractors with delinquent accounts payable which are delinquent more than ninety (90) calendar days after the date of the original invoice. c. For contractors on conditional status. d. When there is no clear benefit to the state. City Council 8 – 37 9/16/2025 18 e. When the benefit to the state can be obtained within California. 5. The CDSS shall approve or deny the request for out-of-state travel within thirty (30) calendar days of the receipt of the request. If the request is denied, the contractor may appeal the decision in accordance with instructions specified in the Section I, paragraph P, Resolution of Contract Administration Disputes. 6. Out-of-state travel to states identified in California’s travel ban will not be considered. Costs associated with traveling to banned states will not be reimbursable. G. Specific Items of Reimbursable Costs (WIC 10280; 5 CCR 18034) Reimbursable costs include, but are not limited to, the following: 1. Start-up costs of child development agencies or facilities in an amount not to exceed fifteen percent (15%) of the expansion or increase of each agency’s total contract amount. 2. Close down costs for Migrant Programs as specified in WIC 10238. 3. Administrative costs, which includes indirect costs if applicable, shall not exceed fifteen percent (15%) of net reimbursable program costs. 4. Employee compensation, including fringe benefits, and personal service contracts. 5. Equipment and equipment replacement with prior CDSS approval i f required in the Section VII, Facilities and Equipment. 6. Supplies purchased in accordance with procurement practices found in 2 CFR Sections 200.317 to 200.326, including bidding requirements for micro- purchases that exceed $10,000. 7. Improvement of sites and adjacent grounds to meet or continue to meet 22 CCR Community Care Licensing Standards in accordance with Section VII, paragraph C, Renovation and Repair. 8. Taxes, insurance, and maintenance for buildings and/or equipment. 9. Depreciation based on the useful life of an asset in accordance with the Section VII, paragraph D, Depreciation Use Allowance. 10. A use allowance for buildings and improvements in accordance with the Section VII, paragraph D, Depreciation Use Allowance. City Council 8 – 38 9/16/2025 19 11. Travel and per diem expenses, including approved out-of-state travel, in accordance with Section III, paragraph F, Costs for Travel and Per Diem & Restrictions. 12. An indirect cost rate based on an indirect cost allocation plan, as defined in Section X, Definitions below, or indirect cost rate negotiated with CDE as specified in Section III, paragraph C, Indirect Costs 13. (Applies to CCTR, CHAN, and CMIG,) Lease payments or depreciation and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities not to exceed fair market rents in the community in which the facility is located in accordance with guidelines issued by the CDSS. 14. (Applies to CCTR, CHAN, and CMIG) Interest on private sector debt financing for purchase, lease-purchase, repair or renovation of childcare and development facilities owned or leased for providing center-based care upon demonstration that the amount of interest paid in a year does not exceed the value obtained by the state in the use of the facilities for the childcare and development program during the year in accordance with guidelines issued by the CDSS. 15. Payments to providers made in accordance with applicable state laws and regulations. 16. (Applies to C2AP, C3AP, CAPP, CMAP, CFCC) Support services as specified in the Section X, Definitions. H. Non-reimbursable Costs (5 CCR 18035) The following costs shall not be reimbursable under the childcare and development contract: 1. Bad debts, including losses arising from uncollectible accounts and any related legal costs. (Uncollected parent fees are not considered to be bad debts if documentation of collection attempts exists); 2. Contributions; 3. Costs of amusement or entertainment; 4. Costs of fines or penalties; 5. Costs of idle facilities unless those costs are related to a partial year program and the costs of the idle facilities have been approved by the CDSS; 6. Costs incurred after the contract has been terminated; 7. Fund raising costs except as specified in 5 CCR 18277. City Council 8 – 39 9/16/2025 20 8. Interest expenses except: a. Interest on borrowed funds when apportionments are withheld because of a delay or error attributable to the state and the amount of interest claimed is approved by the CDSS. b. When interest is part of a lease purchase agreement. c. When the interest is part of payments on a loan incurred to acquire, rehabilitate, or construct licensable facilities, not to exceed fair market rents existing in the community in which the facility is located. d. When the interest is on private sector debt financing for the purchase, lease-purchase, repair or renovation of childcare and development facilities owned or leased by the contractor, and it has been demonstrated that the amount of interest paid in a year does not exceed the value obtained by the state in the use of the facilities for the childcare and development program during the year in accordance with guidelines issued by the CDSS. 9. Investment management costs; 10. Costs of organization of a nonprofit corporation such as incorporation fees or consultant fees; 11. Public relations consultant fees; 12. Costs of legal, consulting and accounting services incurred in prosecution of claims against the state; 13. State and federal income taxes; 14. Costs for the acquisition of sites and buildings except through depreciation; 15. Bonuses, unless part of a collective bargaining agreement; 16. Compensation to the members of the board of directors except for: a. Reimbursement for travel and/or per diem, computed in accordance with paragraph F, Costs for Travel and Per Diem, incurred while the members are conducting business for the organization. b. As provided in the California Corporation Code Section 5227, et seq. 17. Costs of subcontracts, which increase the contractor's cost or subcontracts, which contain a provision for reimbursement for cost-plus-a-percentage-of- costs; City Council 8 – 40 9/16/2025 21 18. Costs incurred in prior or future years, with the exception of the cost of an annual independent audit, which may be claimed either in the contract period, which was the subject of the audit, or during the contract period in which the audit is completed; 19. Costs that are not adequately documented. I. Charging of Expenditures (WIC 10280; 5 CCR 18037) Net reimbursable program costs must be incurred during the contract period. Contractors shall not use current year contract funds to pay prior or future year obligations. However, the cost of the annual independent audit may be claimed either in the contract period which was the subject of the audit or during the contract period in which the audit is completed. J. Recoupment of Advanced Contract Funds (WIC 10280; and 5 CCR 18038) The CDSS shall recoup any payments made for costs which were not reasonable and necessary. The amount recouped shall be the excess payment over the reasonable or fair market value, or one hundred pe rcent (100%) of the cost if the cost was not necessary. The CDSS may elect to recover any costs associated with recouping advanced contract funds, including collection services or attorney fees. 1. Use of Subsidized Family Fees (5 CCR 18039) Family fees received from subsidized parents are to be expended and earned by the contractor before contract funds shall be claimed for reimbursement. 2. For CCTR, CHAN and CMIG, Family fees shall be expended on reimbursable costs and earned by providing child days of enrollment. In order to be reimbursed the full contract amount, in addition to the fees received from subsidized parents, the contractor must have additional reimbursable expenditures and provide child days of enrollment beyond the minimum required by the contract. K. Determination of Reimbursable Amount (WIC 10280, 5 CCR 18054, Section 18, Chapter 193, Statutes of 2023 (SB 140) 1. CCTR, CHAN, CMIG contractors, that are open and continue to operate in accordance with their approved program calendar, shall be reimbursed for an audited claim that is the least of the following: a. The maximum reimbursable amount as stated in the annual childcare and development contract; b. The actual and allowable net costs. City Council 8 – 41 9/16/2025 22 2. C2AP, C3AP, CAPP, CMAP contractors shall be reimbursed for an audited claim that is the least of the following: a. The maximum reimbursable amount as stated in the annual childcare and development contract; or b. The amount earned, which are reimbursable expenditures of: i. Direct payments to providers, (which consist of the rate charged by the provider in accordance with applicable statutory and regulatory provision, not to exceed the Regional Market Rate Ceiling), and which includes family fees for certified children and interest earned on advanced contract funds; and ii. Actual administrative and costs for support services, as defined in section X, Definitions, which combined cannot exceed seventeen- and one-half percent (17.5%) of the total contract amount. No more than fifteen percent (15%) may be for administrative costs, as described in paragraph D, Administrative Costs, above, alone. 3. CFCC contractors shall be reimbursed for an audited claim that is the lesser of the following: a. The maximum reimbursable amount as stated in the annual child development contract; or b. The amount earned which is defined as net reimbursable program costs, of which at least seventy percent (70%) must be payments for direct services, not more than thirty percent (30%) may be for support services and administrative costs together, and no more than fifteen percent (15%) may be for administrative costs, including indirect costs if applicable, alone. 4. CRRP contractors shall be reimbursed for an audited claim that is the lesser of the following: a. The maximum reimbursable amount as stated in the annual childcare and development contract; or b. The actual and allowable net costs. 5. CLPC contractors shall be reimbursed for an audited claim that is the lesser of the following: a. The maximum reimbursable amount as stated in the annual childcare and development contract; or City Council 8 – 42 9/16/2025 23 b. The actual and allowable net costs which include the Local Match Requirement. Each contractor shall contribute a match in the form of monetary and/or in-kind services, equal to 25% of the annual 1998/99 LPC grant award amount. The local contribution for this contract is shown on the contract face sheet. This amount must be reported on the quarterly expenditure report under revenue and expenses in CPARIS. CPARIS can be accessed on DSS’s website at CPARIS. If you need more information about how to submit your Support Contract Expenses report, contact your assigned fiscal analyst. L. Child Care Provider Reimbursement (Section 24, Chapter 41, Statutes of 2024, (AB 116)) 1. Contractors utilizing a Family Child Care Home Education Network service delivery model, under a CMIG, CCTR, or CFCC contract, shall reimburse providers who are open and available to provide services based upon a families’ certified schedule as follows: a. Providers shall be reimbursed based on the maximum authorized hours of care regardless of attendance. b. For families certified for a variable schedule, providers shall be reimbursed based on the maximum authorized hours, regardless of attendance. c. Reimbursement, for providers participating in a family child care home education network, shall be made within 21 calendar days of the submission of a daily sign-in/sign-out sheet. 2. Voucher-based contractors shall reimburse childcare providers based on the following criteria: a. The certified schedule, regardless of attendance. b. For families with variable schedules, the maximum hours approved on the certified schedule, regardless of attendance. c. For license-exempt providers the maximum hours approved on the certified schedule, regardless of attendance. d. Reimbursement to providers shall be made within 21 calendar days of the receipt of a complete invoice for services. M. Minimum Days of Operation (5 CCR 18055) If the contractor fails to operate at least ninety-eight percent (98%) of the minimum days of operation as specified in the agencies approved program calendar, ceases operation or the contract is terminated prior to the end of the contract period, the maximum reimbursable amount shall be reduced in City Council 8 – 43 9/16/2025 24 proportion to the percentage of the contract minimum days of operation that the contractor was not in operation. N. Reduction, Withholding, and Canceling Apportionments to Contractors (WIC 10267.5 and 10285; 5 CCR 18056) The CDSS shall reduce, withhold, or cancel any scheduled apportionment when one (1) or more of the following conditions exist: 1. The contractor has not submitted an acceptable audit for any prior year of operation on or before the date due. 2. The contractor has not submitted the required reports on or before the date due. 3. The contractor will not earn the full contract amount based on the current year projected and the prior year actual net reimbursable program costs as determined by the CDFS. 4. A creditor of the contractor has placed a lien on the contractor's scheduled apportionments. 5. The contractor has accounts payable which are: a. More than ninety (90) days delinquent to the CDSS, and b. Not the subject of an appeal 6. If any apportionment is to be reduced, withheld, or cancelled, the CDSS shall provide the contractor prior written notice of the intended action. O. Order of Expenditure (5 CCR 18057) Expenditures from the Child Development Fund shall occur in the following order: 1. Fees collected from parents of certified children shall be first in and first out; 2. State or federal contract funds apportioned by the CDSS shall be second in and second out; and 3. Interest received on advanced contract funds shall be last in and last out. IV. ACCOUNTING AND REPORTING REQUIREMENTS A. General Provisions (5 CCR 18063) Contractors shall follow the accounting procedures specified in the most recent edition of the California School Accounting Manual. Contractors shall report revenue and expenditures on an accrual basis. The School Accounting Manual City Council 8 – 44 9/16/2025 25 specifies that under an accrual basis of accounting, revenues are recorded when earned and expenditures are recorded when a liability is incurred, regardless of when the receipt or payment of cash takes place. B. Child Development Fund and Interest-Bearing Accounts (5 CCR 18064) 1. All contractors shall establish a fund to be known as the Child Development Fund as specified in WIC 10336, except that private contractors shall establish the fund in a federally insured banking institution located in California. Contractors with multiple fund sources shall establish separate program cost accounts for each source of funds. (WIC Sections 10267.5(c)(2) and 10285) 2. If a contractor places advanced contract funds in an interest-bearing account, the interest-bearing account shall be a separate account within the Child Development Fund. 3. Interest earned shall be retained by the contractor if a. It is expended on reimbursable costs and b. Except for Resource and Referral programs, earned by providing subsidized child days of enrollment, beyond the minimum required to earn the maximum reimbursable amount, at a rate equal to the lesser of the daily contract rate or the actual program costs. C. Enrollment and Attendance Accounting (WIC 10227.5 5 CCR 18065, Section 18, Chapter 193, Statutes of 2023 (SB 140)) 1. A child shall not be enrolled in more than one program for the same time period on the same day. 2. CCTR, CHAN, CMIG and CFCC contractors shall use daily sign-in/sign-out sheets as a primary source document for audit and reimbursement purposes. a. On a daily basis, one of the following persons shall enter the time of arrival and departure on a sign-in/sign-out sheet and shall sign the sheet using their full signature for both arrival and departure times: i. The parent or other adult authorized by the parent to drop off/pick up a child; or ii. The staff person designated by the contractor as the person responsible for entering the times of arrival and departure if the child is not dropped off/picked up by a parent or other adult authorized by the parent. City Council 8 – 45 9/16/2025 26 b. First and last initials of the contractor’s authorized representative, along with a notation of the time, are required to be documented when a school- age child departs for and returns from school during the day. 3. C2AP, C3AP, CAPP, and CMAP, contractors shall use the monthly attendance record or invoice as the primary source document for audit and reimbursement purposes. a. Childcare providers shall submit a monthly attendance record or invoice, for each child who received services, Childcare providers shall maintain attendance records or invoices in the original format in which they were created. b. The monthly attendance record or invoices shall include, at a minimum: i. The dates and actual times the child entered and left care each day. This information shall be documented on a daily basis. ii. The signature of the parent or guardian, the name of the child receiving services and signature of the childcare provider attesting under penalty of perjury that the information included on the monthly attendance record or invoice is true and accurate. iii. A provider may submit a monthly attendance record or invoice without a parent’s signature when the parent has not communicated with the provider for seven consecutive days and the provisions of paragraph E, Abandonment of Care, below have been adhered to. D. Attendance and Absences (5 CCR 18066) (Applies only to CCTR, CHAN, CMIG and CFCC) 1. Attendance includes excused absences because of illness or quarantine of the child, illness or quarantine of their parent, family emergency, court - ordered visitations or a reason which is clearly in the best interest of the child. 2. If the absence is claimed by the contractor as an excused absence, the attendance accounting records shall contain verification including: a. The name of the child; b. The date(s) of absence; c. The specific reason for the absence; and d. The signature of the parent or the contractor's authorized representative if verification is made by telephone. City Council 8 – 46 9/16/2025 27 3. If an excused absence is based on time spent with a parent or other relative as required by a court of law, the family data file shall contain a copy of the Court Order. 4. Contractors shall adopt reasonable policies delineating circumstances that would constitute an excused absence for family emergency and in the best interest of the child. 5. Except for children who are recipients of protective services or at risk of abuse or neglect, excused absences in the best interest of the child shall be limited to ten (10) days during the contract period . 6. Contractors shall not disenroll any family due to excessive absences, except in circumstances of abandonment of care described in the Section IV, paragraph E, Abandonment of Care. E. Abandonment of Care (5 CCR 18066.5) 1. When the family has not been in communication with the provider for seven (7) consecutive calendar days and has not notified the provider of the reason the family is not using services, the provider shall promptly notify the contractor. 2. Using the contact information on file, the contractor shall attempt to contact the parent through a variety of communication methods. At least one communication attempt shall be in writing, which may be through electronic methods. The contractor shall keep documentation of all communication attempts, including a copy of all written communication, in the family data file . The contractor shall inform the parent in these communications that failure to communicate with the contractor or provider may result in termination of childcare and development services. 3. The contractor shall issue a notice of action to disenroll the family on the basis of abandonment of care when there has been no communication with the provider or the contractor for a total of 30 consecutive calendar days. F. General Record Keeping Requirements (WIC 10232, 10232.5, 10233, 10269, EC, 33421 and 5 CCR 18067) 1. All records shall be retained by each contractor at least five (5) years or where an audit has been requested by a state agency, until the date the audit is resolved, whichever is longer. Claims for reimbursement shall not be paid unless there are documents to support the claims. The contractor has the burden of supporting claims for reimbursement. 2. Pursuant to EC 35254, public contractors must ensure that no original records be destroyed prior to the second July 1st succeeding the completion of the audit. City Council 8 – 47 9/16/2025 28 3. Pursuant to EC 10232, contractors may maintain records electronically, in compliance with state and federal standards, as determined by the department. Any conversion from a paper record to an electronic format, as well as the storage of the electronic record, shall comply with the minimum standards described in Section 12168.7 of the Government Code and the standards for trustworthy electronic document or record preservation described in Chapter 15 (commencing with Section 22620.1) of Division 7 of Title 2 of the California Code of Regulations. Contractors are not required to create records electronically. 4. Contractors may use a digital signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. The use of a digital signature shall have the same force and effect as the use of a manual signature if the requirements for digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied. 5. Voucher-based programs and providers may use digital forms to allow families to apply for services if those forms comply with state and federal standards. 6. If the contractor has more than one (1) CDSS program, then the method used to allocate administrative costs must be documented. 7. Contractors shall document and maintain records of indirect costs allocation plan. 8. Contractors are required to maintain records to support salaries and benefits charged to childcare and development programs in accordance with the California School Accounting Manual. 9. State employees or representatives shall be allowed access to all program related or fiscal records during normal work hours. (EC 33421 and 5 CCR 18301(c)(4)) G. Attendance and Expenditure Reports (Applies to CCTR, CHAN, CMIG) (WIC Sections 10267.5, 10285, and 10397; 5 CCR 18068) 1. Contractors on conditional and provisional status shall report monthly (due to CDFS by the 20th of the following month). All other contractors shall submit four (4) cumulative attendance and fiscal reports to CDFS for the quarters ending September 30, December 31, March 31, and June 30 . Reports not received in CDFS by the 20th of the month, following the end of the City Council 8 – 48 9/16/2025 29 contractor’s reporting period, shall be deemed delinquent and apportionment(s) shall be withheld until the required report is received. If the 20th falls on a weekend or a holiday, then the report is due the next business day. 2. Contractors shall submit reports containing the following information for each contract to the CDFS: a. Days of enrollment, as indicated on the family’s Notice of Action, for all children served in the program in the current reporting period and year to date. b. Days of attendance, per the child’s sign in and out records and other accompanying attendance records, for all children served in the program in the current reporting period and year to date. c. Total days of operation in the current reporting period and year to date. d. All services, revenues, and expenditures for both subsidized and non- subsidized children, if non-subsidized and subsidized children are commingled as defined in Section X, Definitions. e. Amount and sources of all revenues, including restricted and unrestricted income utilized for the child development program, other than advanced contract funds for the current reporting period and the year-to-date. f. Restricted income that is not expended during the contract period remains restricted and shall be considered deferred revenue and is not reported on the Attendance and Expenditure Reports until expended, at which time it is reported as restricted income. g. Total expenditures related to the program operation for the current reporting period and the year-to-date total, including all expenses for specific purposes, as designated by restricted income and all non- reimbursable expenses. 3. Reports not received by the due date shall be considered delinquent. Reductions for delinquent reporting are specified in Section III, paragraph N, Reduction, Withholding, and Canceling Apportionments. 4. Contractors on conditional status or provisional status shall report monthly. 5. Contractors will submit and certify reports online and they will be certified by staff authorized to confirm that the information contained in the report is correct and complete to the best of your knowledge. Contractors have sixty (60) days from the audit submission due date to submit a revised final report . For local educational agencies, the final report shall be the final accounting of City Council 8 – 49 9/16/2025 30 any amount payable to or receivable from the contractor pursuant to this contract. H. Voucher-based and CFCC Expenditure Reports 1. C2AP, C3AP, CMAP, shall report monthly (due to CDFS by the 20th of the following month). 2. All CAPP contractors shall report the current year and the prior year on a monthly basis (due to CDFS by the 20th of the following month). Report data to the prior year data until fully expended, then report data to the current year CAPP contract. 3. CFCC contractors on clear status shall submit four (4) cumulative fiscal reports to CDFS for the quarters ending September 30, December 31, March 31, and June 30. Contractors on conditional or provisional status shall report monthly (due to CDFS by the 20th of the following month. 4. All reports must be submitted strictly through the internet via CDSS’ AP/CalWORKs Online Reporting System. 5. Reports not received by the 20th of the month, following the end of the contractor’s reporting period, shall be deemed delinquent and apportionment(s) shall be withheld until the required report is received. 6. Contractors shall submit reports containing the following information for each contract: a. Amount and sources of all revenues, other than advanced contract funds for the current reporting period and year-to-date, restricted and unrestricted income shall be reported as follows: i. Restricted income expended during the contract period shall be reported as restricted. Restricted income that is not expended during the contract period remains restricted and shall be considered deferred revenue and is not reported on the Attendance and Expenditure Reports until expended, at which time it is reported as restricted income. ii. All unrestricted income shall be reported as unrestricted. b. Total expenditures related to the program operation for the current reporting period and the year-to-date total, including all expenses for specific purposes as designated by restricted income and all non- reimbursable expenses. 7. Each report shall include a certification of the person authorized by the contractor that the information contained in the report is correct and complete. City Council 8 – 50 9/16/2025 31 8. Contractors have sixty (60) days from the due date for submission of the audit to submit a revised final report. For local educational agencies, the final report shall be the final accounting of any amount payable to or receivable from the contractor pursuant to this contract. 9. C2AP, C3AP, CAPP, CMAP, and CFCC contractors will include the days of operation in the current reporting period and year to date. I. Caseload Reports (Applies to C2AP, C3AP, CAPP and CMAP) 1. In addition to submitting a monthly expenditure report, C2AP, C3AP, CAPP and CMAP contractors shall submit an Alternative Payment/CalWORKs Caseload Report(s) on a monthly basis. Caseload reports shall be submitted strictly through the internet via CDSS’ AP/CalWORKs Online Reporting System and are due to CDFS by the 20th of the following month. 2. Caseload reports not received by CDFS by the 20th of the month, following the end of the contractor’s reporting period, shall be deemed delinquent and apportionment(s) shall be withheld until the required report(s) is received. 3. If a contractor provides services in more than one (1) county, the contractor is required to submit a separate CalWORKs Caseload Report for each county in which services are being provided. 4. CalWORKs Caseload Reports shall represent actual service and expenditure data for the report month. 5. Each report shall include a certification of the person authorized by the contractor that the information contained in the report is correct and complete. J. Subsidized Provider Report (WIC 10422(c)(1)) Contractors shall collect and report by the 20th of each month, via the Child Development Management Information System (CDMIS), the names of the family child care providers, as defined in Section X Definitions, who were paid a subsidy or subsidies in the month prior to the report month . This list shall include information for each provider pursuant to Section IX, paragraph A, Submission and Disclosure of Child Care Provider Information. K. CRRP Expenditure Reports (5 CCR 18068) 1. Contractors on conditional and provisional status shall report monthly (due to CDFS by the 20th of the following month). All other contractors shall submit four (4) cumulative fiscal reports to CDFS for the quarters ending September 30, December 31, March 31, and June 30. City Council 8 – 51 9/16/2025 32 2. Reports not received in CDFS by the 20th of the month, following the end of the contractor’s reporting period, shall be deemed delinquent and apportionment(s) shall be withheld until the required report is received. 3. Contractors shall submit reports containing the following information for each contract to the CDFS: a. Total days of operation in the current reporting period and year to date; b. Amount and sources of all revenues, other than advanced contract funds, for the current reporting period and the year-to-date total; c. Total expenditures related to the program operation for the current reporting period and the year-to-date total. 4. Contractors will submit and certify reports online by staff authorized to confirm that the information contained in the report is correct and complete. 5. Contractors have sixty (60) days from the due date for submission of the audit to submit a revised final fiscal report. For local educational agencies, the final report shall be the final accounting of any amount payable to or receivable from the contractor pursuant to this contract. L. Service Data Report for Resource and Referral Programs (5 CCR 18069) CRRP contractors shall submit reports to the CDSS which contain the following data on a quarterly basis. Penalties for delinquent reporting are specified. 1. Number of requests for general childcare information and childcare referrals; 2. Age categories of childcare requests and referrals: a. Infant (birth to eighteen months); b. Toddlers (eighteen months to thirty-six months); c. Preschool (three years to kindergarten enrollment; and d. School age (kindergarten enrollment to age 13). 3. Time categories of childcare referrals: a. Full-time; b. Part-time. 4. Number of children needing: a. Before and/or after school; City Council 8 – 52 9/16/2025 33 b. Summer only childcare; c. Other childcare (evening, overnight, weekends, drop -in, etc.). 5. Reasons for requesting referrals: a. Employed; b. Looking for work; c. In school/training; d. Other parental needs; e. Child protective services (CPS)/respite referral; f. Alternative/back-up care; g. Mildly ill child; h. Enrichment and/or development. 6. Number of: a. Licensed childcare centers; b. Licensed family day care homes; c. License-exempt childcare centers d. Other license-exempt providers (optional). M. CLPC Reporting LPCs shall submit reports in accordance with reporting requirements specified in the CLPC Local Childcare and Development Planning Council Program Requirements. N. Child Development Data Collection (5 CCR 18070) The contractor shall submit the following: 1. Monthly Childcare Population Information (CDD-801A) submitted electronically in accordance with instructions from the CDSS. 2. If the contractor is selected and notified by mail to submit sample data, they must complete the Child Development Data Collection Sample Report (CDD - 801B) electronically in accordance with the instructions from the CDSS. City Council 8 – 53 9/16/2025 34 3. Contractors shall submit complete, accurate reports to the CDSS by the date specified, and in the format specified in the CDSS’s request for this information. Incomplete, inaccurate, or incorrectly formatted reports, and reports not received by the required date, shall be considered delinquent. Penalties for delinquent reporting are specified in Section II, paragraph N, Reduction, Withholding, and Canceling Apportionments to Contractors. O. Other Report Data (5 CCR 18070) 1. Contractors shall submit statistical, cost and program data as requested by the CDSS in order for the CDSS to prepare various legislatively mandated reports, to meet state and federal reporting requirements and for the effective administration of childcare and development programs. 2. Contractors submitting data to the CDSS will include a certification that the data are correct and complete, and the signature of the person authorized by the contractor to certify the data. The signature may be electronic as specified by the CDSS. 3. Contractors shall submit complete, accurate data to the CDSS by the date specified, and as specified, in the CDSS's request for this information. Incomplete, inaccurate, or incorrectly formatted reports, and reports not received by the required due date shall be considered delinquent . Penalties for delinquent reporting are specified. P. Budget and Calendar 1. State Budget Contingency Clause: a. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, CDSS shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, CDSS shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Grantee to reflect the reduced amount. 2. Contractors shall submit a revised program calendar to the CCDD and CDFS whenever there are changes to the most recent version submitted . Contractors shall submit revised budgets as requested. City Council 8 – 54 9/16/2025 35 Q. Reserve Accounts (WIC 10441) 1. All contractors are encouraged to develop and maintain a reserve within the Child Development Fund. This reserve is derived from earned, but unexpended contract funds. Reserve account funds are state funds the contractor holds in reserve as deferred revenue until they are p roperly spent or returned to the CDSS. a. C2AP, C3AP, CAPP, CMAP, CFCC contractors may retain a reserve balance of up to eight percent (8%) of the maximum allowable administration and support costs for the aggregate sum of all alternative payment contracts or one thousand dollars ($1,000), whichever is greater. b. CCTR, CHAN, and CMIG contractors may retain a reserve balance equal to fifteen percent (15%) of the sum of the maximum reimbursable amounts of all contracts to which the contractor is a party, or two thousand dollars ($2,000), whichever is greater. c. CRRP contractors may retain a reserve balance not to exceed three percent (3%) of the contract maximum reimbursable amount. This reserve is derived from unexpended contract funds. 2. The following criteria must be followed when establishing and using any reserve account: a. Each agency wishing to establish a reserve shall submit a letter of intent no later than July 20 following the close of the fiscal year for which the reserve will be established. The letter of intent must be on the form provided by CDFS and signed by the executive director (or authorized designee for public agencies). b. Each reserve must be maintained in an interest-bearing account and the amount of interest earned will be included in the reserve balance. c. Reserve monies can only be used for expenses that are allowable reimbursable expenses. Transfers from one reserve account type (or category) to another are not allowable. However, transfers to a current- year contract in the same reserve category are allowable and shall be reported as restricted program income on that contract’s attendance and fiscal report. d. Reserve monies are generated from current year contracts, therefore, the transferable amount generated during the contract period will not be available until July 1 of the subsequent fiscal year. City Council 8 – 55 9/16/2025 36 e. Transfers to the reserve will be authorized by CDFS only once per fiscal year. Upon receipt of the June final report, preliminary reserve amounts will be calculated by CDFS and reported to the contractor. If the contractor is an LEA, this may be the official notification provided there are no further amendments. For agencies required to submit an audit to the CDSS, the amount will not be final until the audit is closed by the OAS and there are no outstanding billings. f. Participating agencies must submit a Reserve Account Activity Report with a copy of their supporting General Ledger for each reserve account category type along with their June attendance and fiscal report due July 20. Reports not received in CDFS by July 20 shall be deemed delinquent and apportionment(s) shall be withheld until the required report is received. g. Upon closure of a reserve account or termination of childcare and development contracts, all monies in any reserve account shall be returned to the CDSS. V. AUDIT REQUIREMENTS A. Annual Financial and Compliance Audits (WIC 10229.5, 10440, 5 CCR 18071 and) 1. Contractors shall submit to the CDSS, Office of Audit Services (OAS), an acceptable annual financial and compliance audit as follows: a. The audits for school districts and county offices of education for the contract period shall be submitted to the State Controller and the CDE by December 15, in accordance with EC 41020 and extensions shall only be granted in accordance with EC 41020.2. b. The audit reports for community colleges are due to CDSS by December 31. c. All other contractors shall submit their annual audit to CDSS by the 15th day of the fifth month following the end of the contractor’s fiscal year, or earlier if specified by CDSS. The audit report must meet the requirements of the Audit Guide, including the requirements for childcare and development specific supplementary information. If a contractor receives less than twenty-five thousand dollars ($25,000) per year from any state agency, the audit shall be conducted and submitted biennially, unless the CDSS deems there is evidence of fraud or other violation of state law in connection with the contract. If the contract is terminated during the contract period, then the audit required under this paragraph shall cover the period from the beginning of the contract through the date of termination. City Council 8 – 56 9/16/2025 37 2. All audits shall be performed by one of the following: a. A Certified Public Accountant who possesses a valid license to practice within the State of California; b. A Public Accountant licensed on or before December 31, 1970, and currently certified and licensed by the State of California; c. A member of the CDSS's staff of auditors. d. Public contractors may have their audits prepared by in -house auditors or internal audit staff that performs auditing functions and meets the tests of independence found in the Government Auditing Standards, issued by the Comptroller General of the United States. 3. Any contractor who subcontracts their childcare and development services to another entity (see Subcontract for childcare and development services in Definitions) is required to submit an audit report that complies with the Audit Guide for their subcontractor(s) as well as for their agency. 4. Private agencies (including proprietary entities) that expend seven hundred fifty thousand dollars ($750,000) or more in total federal funds are required to have an Organization Wide Audit (OWA) performed in accordance with the Uniform Guidance and the Audit Guide. 5. Governmental and other public agencies (excluding school districts, county offices of education and community college districts) must comply with the requirements of the Uniform Guidance and the Audit Guide . All other agencies (excluding school districts, county offices of education and community colleges) must submit a contractor audit performed in accordance with the Audit Guide. 6. The audits for voucher-based contactors shall include, but not be limited to, a sampling of the evidence of fees charged to, and paid by, families of non - subsidized children, the daily enrollment of subsidized children, the number of days of service provided to subsidized children, the assessment and collection of parent fees, and the availability of support services to subsidized children and their families as needed pursuant to the terms of the contract. B. Review of Audit by the CDSS Office of Audit Services (OAS) (5 CCR 18072) 1. The OAS shall conduct a review of the audit to determine whether the audit is acceptable and to determine the contractor's net reimbursable program costs. 2. The contractor may appeal the OAS findings according to the procedures specified, if the amount of the demand for remittance meets or exceeds the threshold specified in WIC 10392(a)(3). City Council 8 – 57 9/16/2025 38 C. Delinquent Audits and One-Time-Only Extensions (5 CCR 18073) 1. If an audit is not received on or before the required due date and an extension has not been granted, the audit shall be considered delinquent, and all apportionments shall be withheld. 2. Except for contractors on conditional status, the OAS may annually grant a contractor a one-time-only, thirty (30) calendar day extension of the audit due date provided the inability of the contractor to submit the audit by the due date was beyond the fault and control of the contractor. 3. Contractors shall be liable for all CDSS costs incurred in obtaining an independent audit if the contractor fails to produce or submit an acceptable audit. D. California State Auditor (GC 8546.7) Contractors shall be subject to the examination and audit of the California State Auditor for a period of three (3) years after final payment under this contract. VI. SUBCONTRACTS A written subcontract as defined in Section X. Definitions, is required for all service agreements except as outlined below. A. Subcontracts Excluded from Requirements of this Section (5 CCR 18026, 18027) 1. The following types of relationships are not subject to the requirements contained in this section: a. Employment agreements; b. Facility rental or lease agreements except as set forth below; c. Payment arrangements with family childcare homes and/or providers; d. Medical or dental service agreements; e. Bookkeeping/auditing agreements, except that agencies must still follow requirements in paragraph C, Private Agencies-Bids for Subcontracts, below. f. Food services agreements; g. Janitorial and grounds keeping agreements; h. A subcontract with a public agency, except for a subcontract with a public agency to provide childcare and development services; and City Council 8 – 58 9/16/2025 39 i. Subcontracts with an individual for less than ten thousand dollars ($10,000), except that agencies must still follow requirements in the paragraph C, Private Agencies-Bids for Subcontracts, below. 2. No subcontract shall in any way relieve the contractor of any responsibility for performance under this contract. 3. Contractors are responsible for ensuring financial and compliance audits of all subcontractors. B. Required Subcontract Provisions (5 CCR 18031) The following provisions apply to all subcontracts unless exempted in paragraph (A) above. Every subcontract shall be in writing and specify: 1. The dates within which the subcontractor is to perform the contract. 2. The time for subcontractor performance shall not begin prior to, nor shall the time extend beyond, the time period of the contract between the contractor and the state. 3. The dollar amount of the subcontract or specify an amount not to exceed a maximum dollar amount. 4. The service(s) to be provided under the subcontract and the responsibilities of each party under the subcontract. 5. The subcontractor, and the agents and employees of the subcontractor, in the performance of the subcontract, are acting in an independent capacity and not as officers, employees or agents of the State of California. 6. Modifications of the subcontract shall be in writing, and for subcontracts in excess of ten thousand dollars ($10,000), prior written CDSS approval is required unless the subcontract is otherwise exempt from prior CDSS approval. 7. The subcontract is the complete and exclusive statement of the mutual understanding of the parties and that the subcontract supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of the subcontract. 8. The remedies, in case of a breach of contract, for subcontracts in excess of ten thousand dollars ($10,000). 9. The State of California retains title to any equipment or supplies purchased with state funds and the equipment shall be returned to the contractor upon City Council 8 – 59 9/16/2025 40 termination of the subcontract. The subcontract shall also specify that the subcontractor shall obtain prior written approval from the contractor and the CDSS for any unit of equipment that costs in excess of five thousand dollars ($5,000). 10. The subcontractor shall be reimbursed for travel and per diem expenses only at rates that do not exceed the rates paid to the CDSS's non-represented employees computed in accordance with California Department of Human Resources regulations, California Code of Regulations, Title 2, Division 1, Chapter 3, Subchapter 1. 11. The subcontractor agrees to indemnify and hold harmless the State of California, its officers, agents and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the subcontract, and from any and all claims and losses occurring or resulting to any person, firm or corporation that may be injured or damaged by the subcontractor in the performance of the subcontract. 12. For those subcontracts requiring prior approval, the subcontractor shall maintain records for program review, evaluation, audit and/or other purposes and make the records available to agents of the state for a period of five (5) years. 13. The provisions of the Nondiscrimination Clause included in the prime contract as specified in the 2 CCR 11105. 14. Funding of the subcontract should be made subject to the appropriation and availability of funds from the state. 15. All subcontracts should contain a provision that the subcontractor is liable for any audit exception caused by, or as a result of, th e subcontractor's lack of performance as required by the subcontract. 16. The subcontract should provide that the subcontractor, its agents, and employees, in the performance of the subcontract, are acting in an independent capacity and not as agents or employees of the contractor. 17. Subcontracts for ten thousand dollars ($10,000) or more cannot become effective and binding on either the prime contractor or the subcontractor until approved in writing by the CDSS, and any work performed by the subcontractor prior to the date of such approval shall not be used as a claim against the state. Modifications to any contracts for $10,000 or more shall also not be effective until approved in writing by the CDSS and any work in performance of such modification prior to the date of approval of the modification shall not be used as a claim against the state . Specific approval City Council 8 – 60 9/16/2025 41 requirements are set forth in paragraph E, Prior CDSS Approval for Subcontracts $10,000 and Above, below. 18. The consideration paid to the subcontractor, as provided in the subcontract, should be stated to be the full compensation for all the subcontractor's expenses incurred in the performance of the subcontract. 19. All subcontracts, rental agreements and other contractual arrangements should include a termination for convenience clause permitting termination of such agreements without cost to the contractor. C. Private Agencies-Bids for Subcontracts (5 CCR 18027 & 2 CFR 200.320(f)) 1. Private contractors shall obtain at least three (3) bids or estimates for subcontracts exceeding five thousand dollars ($5,000), prior to cost allocation 2. If three (3) bids or estimates cannot be obtained, the private contractor shall maintain documents in its records that establish: a. The reasons three (3) bids or estimates could not be obtained; and b. The reasonableness of the proposed expenditure without three (3) bids or estimates. c. Documentation for the single-source vendor or service provider, including the reason that vendor should be approved, must be submitted for approval in lieu of three (3) bids. 3. The subcontract shall be awarded to the lowest responsible bidder. 4. The contractor shall not split subcontracts to avoid competitive bidding requirements. D. Public Agencies Subcontracts Public Agencies shall award subcontracts in accordance with the Public Contract Code. E. Prior CDSS Approval for Subcontracts $10,000 and Above (5 CCR 18028- 18030) 1. Contractors shall obtain prior written approval from the CDSS for subcontracts of ten thousand dollars ($10,000) or more, prior to cost allocation, that are otherwise not excluded from the provisions as stated in paragraph (A) above. 2. Prior to execution of a subcontract and commencement of work, the contractor shall submit two (2) copies of the proposed subcontract to the City Council 8 – 61 9/16/2025 42 CDSS for approval, including a proposed line-item budget which shows the costs of the services to be performed. The budget for a proposed subcontract for renovation and repair shall show the total cost of labor and the total cost of materials. Bids, if applicable, shall be submitted to the CDSS when requesting approval. If three (3) bids were not obtained, the contractor shall provide written justification when the subcontract is submitted to the CDSS for prior approval. Contractors shall demonstrate that approval of the subcontract is cost effective to the state. 3. For proposed capital outlay subcontracts, private agencies shall include documents showing that the bidder selected by the contractor has obtained a payment bond in an amount not less than one -half (1/2) the amount of the proposed subcontract. 4. Requests for approval of subcontracts for transportation services shall include a Certificate of Insurance of the subcontractor in an amount not less than $1 million per occurrence (or a greater amount if required by the Public Utilities Commission regulations), listing the contractor and the state as additional named insured. 5. One copy of the subcontract will be retained by the CDSS, and the other copy returned to the contractor approved or disapproved within thirty (30) calendar days of receipt of all required documents. 6. No reimbursement shall be made to the contractor or subcontractor for work performed prior to CDSS approval. A disapproved contract will include a statement of the reason(s) for not approving the subcontract . If the request for approval of a subcontract is denied, the contractor may appeal the decision in accordance with instructions specified in Section II, paragraph P, Resolution of Contracts and Administrative Disputes. 7. The CDSS does not assume any responsibility for performance of approved subcontracts nor does the CDSS assume responsibility for any unpaid debt of the contractor resulting from subcontracting liens. 8. Subcontracts which increase the contractor’s cost of performance are non - reimbursable. Subcontracts which contain a provision for reimbursement for cost-plus-a-percentage-of-cost are not reimbursable. F. Audit Requirements for Subcontracts (5 CCR 18032) 1. An organization that operates a childcare and development program under a direct service contract with the CDSS is called a contractor. The contractor may choose to enter into an agreement with another organization (subcontractor), where the subcontractor operates one or more of the contractor’s childcare and development programs. Consequently, an entity may be acting in the dual capacity of contractor and subcontractor for one or City Council 8 – 62 9/16/2025 43 more CDSS contractors – each having one or more CDSS contracts. In some cases, a subcontractor may not directly contract with the CDSS. 2. The organization receiving funds from the state shall be responsible for obtaining the required financial and compliance audits of the organization and any subcontractors, except for subcontracts exempt from CDSS review, as agreed to by the Departments of Finance (DOF) and Department of General Services (DGS). 3. The audit of the subcontract shall be submitted to the CDSS as follows: a. School districts, county offices of education, community colleges, and direct funded charter schools, shall submit the audit of the subcontract by the fifteenth day of the fifth month following the fiscal year in which the subcontracted services were performed; b. All other contractors shall submit the subcontract audit along with the contractor’s audit as specified Section V, paragraph A, Annual Financial and Compliance Audits. VII. FACILITIES AND EQUIPMENT A. Facilities and Equipment Expenditures Facilities and Equipment Expenditures are subdivided into two categories: 1. Capitalized a. Buildings and Improvements: Sites; renovations and repairs of sites; buildings; renovations and repairs of buildings, building fixtures, services systems; and b. Capitalized Equipment: Tangible personal property (including information technology systems) having a useful life of more than one year and a per- unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the contractor for financial statement purposes, or $5,000. (2 CFR 200.33) 2. Non-capitalized Non-capitalized equipment expenditures are those for tangible personal property with a useful life of more than one year other than those described in Capitalized Equipment above. B. Buildings and Improvements (5 CCR 18034(h)) 1. Buildings are only reimbursable as depreciation or use allowance. City Council 8 – 63 9/16/2025 44 2. To be reimbursable as direct costs, prior written approval by the CDSS is required for improvements to land, buildings, or equipment which materially increase their value or useful life. (2 CFR 200.439(b)(3)). 3. If the Contractor wishes to share the use of real property among multiple programs, the associated reimbursable capital expenditures shall be prorated among the programs according to the benefits received . 4. Building and improvement expenditures are not reimbursable as indirect costs, except as depreciation or use allowance. C. Renovation and Repair (5 CCR 18034(f)) Improvement of sites and adjacent grounds to meet or exceed the 22 CCR, Community Care Licensing Standards are reimbursable for both private and public agencies. Reimbursable improvements are those that: 1. Do not unnecessarily increase the value, as defined in Section X, Definitions, of a facility; and 2. The contractor has obtained prior CDSS approval for proposed work for ten thousand dollars ($10,000) or more. D. Depreciation and Use Allowance (5 CCR 18034(h)) 1. Depreciation and use allowance may be claimed on eligible, appropriate capital assets. 2. Depreciation shall not be claimed on land, donated assets or assets purchased with public funds, on any fully depreciated asset or on idle or excess facilities. 3. A use allowance shall not be claimed on land or assets purchased with contract funds or on assets for which depreciation has been claimed. 4. When depreciation is applied to assets acquired in prior years, the annual charges shall not exceed the amounts that would have resulted had depreciation been claimed from the date of acquisition. 5. The use allowance for buildings and improvements is computed at an annual rate not to exceed two percent (2%) of acquisition costs. 6. The use allowance for equipment is computed at an annual rate not to exceed six and two-thirds percent (6 2/3%) of acquisition costs. 7. To be reimbursable, interest paid on private sector debt for the purchase, lease-purchase, repair or renovation of childcare and development facilities owned or leased by contractors providing center-based care must be actual City Council 8 – 64 9/16/2025 45 interest paid, not to exceed a fair market rate of interest. This provision does not apply to family childcare home facilities. E. Preapproval Requirements (2 CFR 200.33, 200.439(b)(1) 5 CCR 18029 and 18040) All equipment and equipment replacement purchases that meet either of the following criteria shall be approved in writing in advance by the CDSS . 1. The per-unit acquisition cost equals or exceeds the lesser of the capitalization level established by the contractor for financial statement purposes, or fi ve thousand dollars ($5,000), including tax, shall be approved in writing in advance by the CDSS. 2. The sum of all items included in the purchase equals ten thousand dollars ($10,000) or more, including tax, shall be approved in writing in advance by the CDSS. a. All expenses associated with a purchase that are necessary for the equipment to perform its intended purpose, prior to cost allocation, should be included in determining if prior approval is required (e.g., a playground structure includes multiple components, although each component may be purchased separately. When determining pre-approval requirements, all components purchased for the playground should be considered). b. Subdividing equipment purchases into separate items to avoid the preapproval requirement is prohibited. c. Proposed renovation and repair work for ten thousand dollars ($10,000) or more, including the invoiced cost, plus any applicable sales tax, delivery fees, or installation charges, shall be approved in writing in advance by the CDSS. (2 CFR 200.439(b)(3)) 3. All expenses associated with a purchase that are necessary for the improvement to perform its intended purpose, prior to cost allocation, should be included in determining if prior approval is required. 4. Subdividing renovation and repair work into separate purchases to avoid the preapproval requirement is prohibited. a. Approval requests shall be submitted on the Request for Approval of Equipment form. b. Bids, if applicable, shall be attached to the Request for Approval of Equipment when submitted to the CDSS for approval. 5. One copy of the request shall be retained by the CDSS. City Council 8 – 65 9/16/2025 46 6. One copy will be returned to the contractor approved or disapproved within thirty (30) calendar days of receipt. 7. If the request for approval of an equipment purchase is disapproved, the contractor may appeal the decision in accordance with Section II, paragraph P, Resolution of Contract Administration Disputes. 8. Procurement practices must also be in accordance with the following provisions: a. Public Agencies shall comply with the applicable sections of the PCC. b. Lease-purchase agreements are subject to the above requirements. c. If the work is to be performed through a subcontract, the requirements of the Section V, Subcontracts, above apply. d. When private agencies submit proposed subcontracts for renovation and repair for approval, evidence shall be included that the proposed subcontractor has obtained a payment bond in an amount not less than one-half (1/2) the amount of the proposed subcontract. F. Obtaining Bids for Equipment Purchases, Leases, Replacements, and Improvements for Private Agencies (2 CFR 200 and 5CCR 18040) 1. All equipment purchases, replacements, and improvements not performed by the contractor’s staff exceeding five thousand dollars ($5,000), including tax, must have at least three (3) bids or estimates. a. Each bid or estimate must contain prices for equivalent and comparable items and/or services. b. When available, consolidating procurements to obtain a more economical purchase is required. c. Subdividing equipment purchases into separate items to avoid the competitive bidding requirement is prohibited. i. If bids or estimates are required, the contractor shall purchase the goods or services from the lowest responsible bidder or estimator. The contractor shall conform to the materials, terms and conditions of the invitation for bid, and with paragraph E, Preapproval Requirements, above. City Council 8 – 66 9/16/2025 47 ii. If bids or estimates are required, and three (3) bids or estimates cannot be obtained, the contractor shall provide adequate documen tation of the reason(s) why three (3) bids or estimates could not be obtained (e.g., an emergency situation, or the item is only available from a single source). iii. Lease-purchase agreements are subject to the above requirements. G. Obtaining Bids for Equipment Purchases for Public Agencies Public Agencies, as defined in Section X, Definitions, shall comply with the applicable sections of the Public Contract Code. H. Asset Management 1. Asset Control System (2 CFR 200.313(d)(3)) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft (any loss, damage or theft must be investigated) and adequate maintenance procedures must be developed to keep the equipment in good condition. 2. Inventory (2 CFR 200.313 (d)(1)) a. An inventory of all equipment and all non-disposable items with an estimated useful life of more than one year, purchased in whole or in part with childcare and development contract funds, shall be maintained. For more guidance refer to California School Accounting Manual Procedure 700. b. Property records must be maintained that include the following: i. Description; ii. Serial number or other identification number; iii. The source of funding; iv. The acquisition date; v. The cost; vi. The location, use and condition; and vii. Any ultimate disposition date including date of disposal and sale price if applicable. c. A physical inventory must be taken at least every two (2) years and reconciled with property records. (2 CFR 200.313(d)(2)) City Council 8 – 67 9/16/2025 48 I. Title, Use, Disposition and Retention (5 CCR 18025) 1. Buildings and Improvements a. Title to real property acquired in whole or part with state childcare and development (CCD) funds shall vest in the contractor subject to the condition that the contractor shall use the real property for the a uthorized purpose of the childcare and development program as long as it has a contract with the CDSS and shall not encumber the property without the prior written approval of the CDSS. (2 CFR 200.311(a)) b. When the real property is no longer needed for the purposes of any CDSS program, the Contractor shall request disposition instructions from the CDSS, which shall observe one of the following three disposition instructions: i. The CDSS may permit the contractor to retain title without further obligation to the CDSS after the contractor compensates the CDSS or that percentage of the current fair market value of the property, net of reasonable and necessary selling costs, attributable to the CDSS’s share of the acquisition cost. ii. The contractor may be directed to sell the property under guidelines provided by the CDSS and pay the CDSS for that percentage of the current fair market value of the property, net of reasonable and necessary selling and fix-up costs, attributable to the CDSS’s share of the acquisition cost. iii. The contractor may be directed to transfer title to the property to the CDSS or to an eligible third party, provided that, in such cases, the contractor shall be entitled to compensation for its attributable percentage of the current fair market value of the property. 2. Equipment (5 CCR 18025) a. Title – When equipment is purchased with state funds, title shall vest with the contractor only for such period of time as the contractor has a contract with the CDSS. b. Retention of Equipment – The CDSS may provide written authorization for the contractor to retain the equipment for the contractor’s own use if a fair compensation is paid to the state for the state’s share of the cost of the equipment. Fair compensation shall be determined by the state using the state’s share of original acquisition cost, less depreciation, computed on a straight-line method over the estimated useful life expectancy of the equipment. City Council 8 – 68 9/16/2025 49 c. Use – When equipment is purchased in whole or in part with state funds, the contractor shall use the equipment exclusively in the program(s) from which funds were used to purchase the equipment. If the contractor wishes to share the use of the equipment between/among two (2) or more programs, the cost of such equipment shall be prorated between/among the programs. d. Disposition – The contractor may dispose of obsolete equipment and remove the asset at its recorded value. If the sale of equipment originally purchased with state funds occurs, the proceeds from the sale of the equipment must be returned to the program. If the contractor no longer has a contract with the CDSS, the contractor shall dispose of the equipment in accordance with written directions from the CDSS. VIII. FUNDING ELIGIBILITY, CONTINUED FUNDING, CONTRACT STATUS, TERMINATIONS, AND APPEALS A. Eligibility for Funding (5 CCR 18001) 1. A current contractor is eligible to apply for new or additional funds except when one or more of the following conditions apply during the Request for Application (RFA) cycle: a. The contractor is on conditional status because of fiscal or programmatic noncompliance as described in paragraphs D, Administrative Review of Changes in Contract Status; or E, Conditional Contract Status Procedure, below; or b. The CDSS has conducted a compliance review and the contractor has failed to cure items of fiscal and programmatic noncompliance identified in the review within twelve (12) months of the issuance of the compliance review report; or c. The CDSS reduced the contractor’s current year maximum reimbursement amount due to the contractor’s inability to utilize its full contract amount, whether through low enrollment or low expenditures for the same contract type. 2. A current contracting agency may be determined, on a case-by-case basis, to be ineligible to receive expansion funding if: a. The agency was previously awarded expansion funding and has not yet begun to provide services with that funding; or b. The CDSS has evidence that the agency has not been able to successfully fulfill current contract requirements by serving children in a quality program and in a fiscally responsible manner. City Council 8 – 69 9/16/2025 50 3. A current contractor that is applying for additional funds may be awarded less than the full amount requested during negotiations of the award, particularly if it has been determined that they are not fully utilizing their current contract maximum reimbursable amount. 4. An applicant that is not a current CDSS contractor is not eligible to apply for funding if one of the following conditions apply: a. The contractor had a previous contract with the CDE or CDSS that was terminated or not continued by the CDE or CDSS for fiscal or programmatic noncompliance as described in paragraphs D, Administrative Review of Changes in Contract Status; or E, Conditional Contract Status Procedure, below within three (3) years immediately preceding the date the RFA was posted; or b. The applicant contractor has an outstanding accounts receivable balance with the CDSS; or c. The applicant contractor has a delinquent audit with the CDE or CDSS pursuant to Section V, paragraph C, Delinquent Audits and One-Time- Only Extensions. B. Review of Contracts for Continued Funding (5 CCR 18010) 1. Contractors have no vested right to a subsequent contract. 2. Contractors that are not on conditional contract status, but which have evidenced fiscal or programmatic noncompliance with the provisions of this contract, laws, or regulations, shall receive an administrative review to determine whether they will receive an offer for continued funding. 3. Contractors currently on conditional status that do not meet the requirements specified in the Conditional Status Addendum may not be offered a subsequent contract and shall be so notified by the CDSS at least ninety (90) calendar days prior to the end of the current contract period. 4. Contractors that intend to accept the offer to continue services in the subsequent contract period shall respond to a continued funding application request from the CDSS in accordance with the instructions and timelines specified in the request. 5. Failure to respond within the timelines specified in the continued funding application request shall constitute notification to the CDSS of the contractor's intent to discontinue services at the end of the current contract period unless the contractor has received a written extension of the original timeline from the CDSS. City Council 8 – 70 9/16/2025 51 C. Contract Classifications 1. Clear Contract (WIC 10397) This designation shall be given to a contract that is neither a provisional contractor a conditional contract, as described (2) and (3) below. 2. Provisional Contract (WIC 10397 and 5 CCR 18068) This designation applies to an agency’s first contract for any particular service or to the contract of an existing contracting agency for a new, modified, or different type of service. The timeframe of a provisional contract is at the discretion of the CDSS and is given to ensure that the contracting agency can demonstrate fiscal and programmatic compliance before the contract is designated as a clear contract. Contractors on provisional status shall submit monthly fiscal and attendance reports to CDFS. The contract status shall be reviewed annually. 3. Conditional Contract (WIC 10397) a. This designation applies to a high-risk contract awarded to a contracting agency that evidences fiscal or programmatic noncompliance, or both fiscal and programmatic noncompliance. b. A contracting agency with one or more contracts designated as conditional is deemed to be on conditional status with the CDSS for all childcare and development program purposes and is subject to any restrictions deemed reasonable to secure compliance. D. Administrative Review of Changes in Contract Status (5 CCR 18303) 1. Contract performance shall be reviewed at least annually by CDSS staff who shall determine by April 1 of each year whether to offer continued funding on a clear contract, continued funding on a conditional basis or to make no offer of continued funding. 2. If the staff recommends conditional status or no offer of continued funding, the contractor shall be notified in writing of the reason s for the proposed change in contract status by April 7. The notice of proposed action shall be sufficiently specific to allow the contractor to respond to the factual basis for the proposed action. 3. If the contractor disagrees with the proposed action, the contractor's response shall be received by the CDSS within ten (10) calendar days of receipt of the notice of proposed action. The contractor's response shall include any written materials in support of its position and, if the contractor intends to mak e an oral presentation, the response shall so specify. City Council 8 – 71 9/16/2025 52 4. If the action is being appealed, the staff recommendation and the contractor's response shall be reviewed by an administrative review panel convened by the Director of the ELCD within seven (7) calendar days of receipt of the contractor's response. The review panel will consist of representatives of ELCD management, CDFS, CDSS's Legal Division, OAS, Contracts Office, and a representative of a childcare and development service provider familiar with the type(s) of program(s) operated by the contractor. 5. Upon review of the written submissions, the panel will do one of the following: a. Issue a final decision upholding or modifying the proposed change in status if no oral presentation has been requested; b. Schedule a time and place for an oral presentation by the contractor; or c. Issue a final decision to not change the contract status. 6. If an oral presentation has been requested, the contractor will be notified by telephone of the time and place of the presentation. The oral presentation will be scheduled no later than fourteen (14) calendar days from receipt of the contractor's response. 7. At the oral presentation, the contractor or the contractor's representative will have an opportunity to explain any material submitted in its response. While the contractor may present any information or arguments that are relevant to the proposed action, the review panel may set reasonable limits on the scope of the presentation. 8. Within seven (7) calendar days after the oral presentation, the review panel shall issue and mail to the contractor a decision upholding, reversing, or modifying the proposed change in contract status. The decision of the review panel shall be the final action of the CDSS with regard to that contract. E. Conditional Contract Status Procedure 1. Conditional Status Imposed During the Contract Period (5 CCR 18304) a. If the contractor demonstrates fiscal or programmatic noncompliance during the contract period, based on such information as an annual audit report, an FPM/CMR, or a change in licensing status, the CDSS may place the contract on conditional status for the remainder of the contract period. b. The contractor shall receive notice and may request an administrative review of the proposed action as required paragraph D, Administrative Review of Changes in Contract Status, above, in the event such a change in contract status is recommended by staff of the CDSS. City Council 8 – 72 9/16/2025 53 c. If the contract is placed on conditional status during the last ninety (90) days of the contract period and the contractor is offered continued funding, the contract for the subsequent contract period will also be on conditional status. 2. Conditional Status Addendum (WIC 103975 CCR 18305) a. If the contractor is placed on conditional status during the contract period, a Conditional Status Addendum will be issued by the CDSS, and the Conditional Status Addendum shall be considered a part of the annual child development contract and binding on the contractor. b. A Conditional Status Addendum shall contain a bill of particulars which detail the items of noncompliance, the standards that must be met to avoid termination of the contract and to qualify the contractor for clear contract status. The Addendum shall include all the following: i. The specific item(s) of noncompliance which the contractor must correct; ii. The specific corrective action(s) which must be taken; iii. The time period within which the contractor must complete the corrections; and iv. Notice that failure to demonstrate substantive progress within six (6 ) months shall constitute a breach of contract and may result in no offer of continued funding, or termination of the contract. 3. Duration of Conditional Contract Status (WIC 10397(a)(3) and 5 CCR 18307) a. A contractor shall remain on conditional contract status until the contractor has corrected deficiencies and/or has met requirements identified in the Conditional Status Addendum. b. Failure to demonstrate substantive progress toward fiscal or program compliance within six (6) months of being on conditional status shall constitute a breach of contract and may subject to no offer of continued funding or termination of the contract, in accordance with paragraph F, Contract Termination Procedure, below. a. A contractor with a repayment plan shall remain on conditional contract status and not receive any apportionments until full repayment is made. c. A contractor on conditional contract status that is not on a repayment plan shall remain in that status until: City Council 8 – 73 9/16/2025 54 i. The CDSS issues written notice to the contractor that the conditional status has been cleared; ii. The contractor is issued a clear contract; or iii. The contract terminates according to its terms. d. A contractor may request written verification from the CDSS that some of the deficiencies have been corrected even if the contractor will not be removed from conditional contract status. e. While on conditional status, the contractor shall submit monthly fiscal and attendance reports to CDFS. The first monthly report shall include a current inventory of equipment purchased in whole or in part with contract funds. f. Contractors on conditional status are not eligible to apply for new or additional funds. g. Contractors on Conditional contract status continue to be subject to, Termination, and Non-Renewal in accordance with paragraphs B, Review of Contracts for Continued Funding; and F, Contract Termination Procedure. F. Contract Termination Procedure 1. Contractor's Termination for Convenience (5 CCR 18024) a. A contractor may terminate the contract for any reason during the contract term. b. The contractor shall notify the CDSS of its intent to terminate the contract at least ninety (90) calendar days prior to the date the contractor intends to terminate the contract. c. Within fifteen (15) days from the date the contractor notifies the CDSS of its intent to terminate the contract, the contractor shall submit: i. A current inventory of equipment purchased in whole or in part with contract funds; and ii. The names, addresses and telephone numbers of all families served by the contract and all staff members funded by the contract. iii. CFCC and Alternative Payment program contractors shall also submit the names, addresses and telephone numbers of all providers of subsidized services funded by the childcare and development contract. City Council 8 – 74 9/16/2025 55 d. Upon receipt of a notice of intent to terminate, the CDSS will transfer the program to another agency as soon as practicable. 2. Immediate Termination (WIC 10398, 10399, and 10401) a. A contracting agency that evidences any of the following acts or omissions may have its contract immediately terminated if there is documented evidence of the acts and omissions, and upon review and recommendation of the general counsel of the CDSS for any of the following reasons: i. Fraud, or conspiracy to defraud. ii. Misuse or misappropriation of state or federal funds, including a violation of WIC 10399. iii. Embezzlement. iv. Threats of bodily or other harm to a state official. v. Bribery or attempted bribery of a state official. vi. Unsafe or unhealthy physical environment or facility. vii. Substantiated abuse or molestation of children. viii. Failure to report suspected child abuse or molestation . ix. Theft of supplies, equipment, or food. x. Cessation of operations without the permission of the CDSS or acts or omissions evidencing abandonment of the contract or contracts. xi. C2AP, C3AP, CAPP, CMAP, and CFCC contractors that fail to fully reimburse a significant number of approved childcare providers as determined by the CDSS, within fifteen (15) calendar days after the date set in the plan for timely payments to childcare providers, adopted by the contracting agency, pursuant to 5 CCR 18226, unless the failure is attributable to a delay in receiving apportionments from the state. xii. Failure to pay salaries owed to employees, or pay federal payroll tax, for more than fifteen (15) days after the employee salaries, or federal payroll taxes were due, unless the failure is attributable to a delay in receiving apportionments from the state. City Council 8 – 75 9/16/2025 56 xiii. Contractors that have in place or who place a person in a position of fiscal responsibility or control who have been convicted of a crime involving misuse or misappropriation of state or federal funds, or a state or federal crime involving moral turpitude, may have its contract terminated if there is documented evidence of the conviction, and upon review and recommendation of the general counsel of the CDSS. xiv.If the agency provides evidence to the CDSS, before the effective date given in the notice of immediate termination, that the convicted person has been removed from the position of fiscal responsibility or control and provides assurance that the person will not be returned to a position of fiscal responsibility or control, the CDSS shall withdraw the termination action. b. A contractor whose contract is immediately terminated retains appeal rights. Contractors that are the subject of an immediate termination shall not continue to operate during the appeal of termination. 3. Non-Immediate Termination (WIC 10398, 10399, and 10400 and 5 CCR 18301) a. In addition to the grounds set forth in (2) above, which also may be the basis for a non-immediate termination, termination of a contract during the contract period may occur when: i. A contractor fails to correct items of fiscal or programmatic noncompliance within six (6) months of receiving a conditional contract which includes a Conditional Status Addendum issued in accordance with (2) of paragraph E, Conditional Contract Status Procedure; or ii. A contractor fails or refuses to make available for examination or copying by an authorized employee of the CDSS any records or documents that the contractor is required to retain, upon a request by that employee to examine or copy such records or documents; or iii. A contractor refuses to permit an authorized employee of the CDSS to enter a facility operated by the contractor during days of operation as indicated in the approved program calendar on file with the CDSS. b. Any action by the CDSS to terminate a contract, other than to terminate a contract on an immediate basis shall be preceded by a ninety (90) day notice of the action, stating the specific reasons for the action, and describing the contractor's appeal rights pursuant to paragraph G, Independent Appeals. Except for cases of immediate termination, contractors that are terminated shall be allowed to continue to operate during the appeal of termination. City Council 8 – 76 9/16/2025 57 4. Contractor's Responsibility After Notice of Nonrenewal or Termination (5 CCR 18302 and 18054) a. After receiving notice of the CDSS's decision to terminate the contract or to make no offer of continued funding, the contractor shall submit copies to, or make available for copying by the CDSS, all of the following: i. A current inventory of equipment purchased in whole or in part with contract funds; ii. The names, addresses and telephone numbers of all families served by the contract, all staff members funded by the contract; and iii. Monthly enrollment and attendance reports until the contract is actually terminated or until the final month for which the contractor retains a contract. C2AP, C3AP, CAPP, CMAP, and CFCC contractors shall also submit the names, addresses and telephone numbers of all providers of subsidized services under the contract. b. The CDSS shall only be obligated to compensate the contractor for net reimbursable program costs or earnings, whichever is less, in accordance with this contract through the date of termination . There shall be no other compensation to the contractor. The CDSS shall offset any monies the contractor owes against any monies CDSS owes under this contract. G. Independent Appeals (WIC 10392, 10393) 1. An independent appeal procedure shall be available to any contractor in any of the following circumstances: a. Termination of a contracting agency’s contract b. Denial of more than four (4%) percent or twenty-five thousand dollars ($25,000), whichever is less, of the contact maximum reimbursable amount. c. Demand for remittance of an overpayment of more than more than four (4%) percent or twenty-five thousand dollars ($25,000), whichever is less, of the contact maximum reimbursable amount. 2. Before filing an appeal petition for an action taken pursuant to (b) or (c) of (1) above, the contractor shall have submitted all previously required standard monthly or quarterly reporting forms to the CDSS. 3. Such appeals shall be heard by independent hearing officers in accordance with procedures established by the Office of Administrative Hearings (OAH) as specified in California Code of Regulations, Title 1, Sections 1121 through 1126, City Council 8 – 77 9/16/2025 58 H. Procedures For Independent Appeals (5 CCR 18301 and GC 11500) 1. Notice of Defense/Appeal Petition a. The contractor shall be served notice of the action as set forth in WIC 10396 and GC 1500 et seq. The contractor may contest the noticed action as set forth in GC 11506 by filing a notice of defense/appeal petition with the CDSS within fifteen (15) days after service of the action and may request a hearing before the OAH. The notice of defense/appeal petition shall include: i. A clear, concise statement of the action being appealed; and ii. The name, address, and telephone number of the contractor’s authorized representative for the proceeding. b. In addition, the contractor may also, as part of the Notice of defense/appeal petition: i. Object to the action upon the grounds that it does not state acts or omissions upon which the contractor may proceed; ii. Object to the form of the action on the grounds it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense; iii. Admit any of the charges in the action in whole or in part; iv. Object to the action upon the grounds that, under the circumstances, compliance with the requirements of a regulation would result in a material violation of another regulation enacted by another department affecting substantive rights. 2. Failure To Submit a Timely Notice of Defense or Appeal Petition or Proceed with Appeal If a contractor is served a notice of action and fails to properly file a notice of defense/appeal petition, or files a notice of defense/appeal petition, but fails to appear at the appeal hearing, action may be taken by the CDSS (or by the Administrative Law Judge for failure to appear at the hearing) based upon the contractor’s express admissions or other evidence and affidavits without any notice to the contractor. Notwithstanding the default, the CDSS or the OAH may, before a proposed decision is issued, grant an appeal hearing on reasonable notice to the parties. If the CDSS issues a default decision against the contractor, it must serve notice of that decision on the contractor and the contractor has seven (7) days after service to request that the decision be vacated stating the grounds relied on. The CDSS, in its City Council 8 – 78 9/16/2025 59 discretion, may vacate the decision and grant a hearing on a showing of good cause. 3. Hearing If the contractor submits a timely request for a hearing, the CDSS shall have ten (10) calendar days to request that the OAH schedule a hearing and transmit the following to the OAH: a. The notice of defense/appeal petition submitted to the CDSS by the contractor; b. The original notice of action sent to the contractor; and c. The name, address, and telephone number of the CDSS authorized representative for the proceeding. d. The OAH shall schedule a hearing on the appeal filed by a contractor to commence no later than thirty (30) calendar days following the receipt of the petition by the CDSS, but at least ten (10) calendar days' written notice will be given of the time and place of the hearing. An OAH hearing officer will hear evidence submitted by the CDSS and the contractor during the hearing. The hearing will be recorded. The hearing officer may continue hearings, if deemed necessary. 4. The Decision The hearing officer shall issue a final decision, in writing, within thirty (30) calendar days after the submission of the case. The decision shall be sent by registered mail or personally served on the representatives of the parties by OAH. The decision shall be the final administrative action afforded the contractor. 5. Settlement between the Parties The CDSS and contractor may, at any time before or after issuance of a notice of action, agree to a settlement of the actions. The settlement terms, as agreed to by both parties, are to be incorpo rated into a stipulation and waiver decision that is approved by the CDSS agency head or his or her designee and issued by the CDSS. The decision shall be the final administrative action afforded the contractor. 6. Request for Additional Written Materials on File at CDSS Contractors may request, in writing, any public documents on which the CDSS intends to rely from the CDSS files at a cost of fifteen cents ($.15) cents per page, payable in advance. The CDSS will mail the material requested not later than ten (10) days from the receipt of the request. City Council 8 – 79 9/16/2025 60 IX. BUILDING A BETTER EARLY CARE AND EDUCATION SYSTEM (BBECES) (WIC 10420-10429.5; CIVIL CODE 1798.17; 42 US 9858C(2)(D) AND (U); 45 CFR 98.16(AA), 98.33 AND 98.42) (Applies to all contract types that provide care through family childcare homes and/or through individual licensed-exempt providers) A. Submission and Disclosure of Childcare Provider Information 1. Contractors are required to collect and submit to the CDSS, or its designee, as required by law, the following information for all licensed family childcare home providers and individual licensed-exempt childcare providers providing subsidized childcare services and in accordance with Section IV, Paragraph J, Subsidized Provider Report: a. Mailing address b. Home address c. County d. Home, cell, and work telephone number, if known e. Email address, if known f. Whether provider is licensed or license-exempt, include state facility license number for licensed providers. g. Primary language used, if known* h. Contractor, subcontractor, agency, or political subdivision administering the program in which the provider participates. i. Unique provider identification number, when available* j. Contract type k. The amounts of all subsidies paid to each provider in the report month, Note: Provider work telephones number, email address, primary language used, and unique provider identification number are not optional; if it is known to the contractor, it must be included. 2. Contractors that are not able to provide amounts of all subsidies, as specified in (k) of (1) above, shall have an implementation plan on file with CCPU . 3. The information collected from family childcare providers, as defined, may be re-disclosed by the CDSS to provider organizations as defined in law as well City Council 8 – 80 9/16/2025 61 as other state agencies as permitted by law for purposes of organizing, representing, and assisting family childcare providers, as well as for purposes of emergency response planning and monitoring health and safety requirements to comply with Childcare and Development Block Grant requirements. 4. Contractors shall not delay or obstruct the collection of the provider information. 5. Contractors must notify family childcare providers in writing of the collection and use of the information in order to comply with applicable laws, includ ing the Information Practices Act. 6. Upon learning that a family childcare provider will no longer receive a subsidized childcare payment, contractors shall, as required by law and in conformance with the format, timeline and manner prescribed by the CDSS, inform the CDSS of the date the provider ended subsidized care. B. Notices and Communications Contractors are required to distribute to providers and/or post on their website all notices and communications as may be required by the BBECES or any applicable Memorandum of Understanding. C. Reimbursement 1. Contractors are required to deduct from reimbursement any dues as requested by a certified provider organization. The deductions may include membership dues, initiation fees, general assessments, and payment of any other membership benefit program sponsored by the certified provider organization. 2. If the deductions from a provider’s subsidy payments required action by more than one contractor, the certified provider organization shall establish reasonable procedures to ensure that the total amount deducted does not exceed the total dues and other voluntary deductions owned by that provider . 3. A contractor must rely on a certification from the certified provider organization requesting a deduction that it has and will maintain an authorization, signed by the individual provider from whose subsidy the deduction is to be made. A certified provider organization that certifies that it has and will maintain authorization shall not be required to provide a copy of an individual authorization to the entity unless a dispute arises about the existence or terms of the authorizations. City Council 8 – 81 9/16/2025 62 D. Memorandum of Understanding Must adhere to any requirements that bind contractors in any applicable memorandum of understanding. E. Interference Contractors are prohibited from interfering with the right of providers to collectively bargain and further prohibited from deterring or discouraging providers to join the union. F. Training Partnership Contractors must notify the certified provider organization of preservice meetings, and orientations, either in-person or online, and allow representatives from the certified provider organization to present at the preservice meetings, and orientations as permitted under the BBECES or as provided for in any applicable memorandum of understanding. (WIC 10428.7) X. DEFINITIONS As applicable to each specific program type. Actual and allowable net costs means the costs which may be reimbursed under a particular child development contract after disallowed costs and restricted income have been subtracted from total expenditures. (5 CCR 18013(a)) Additional funds means award of new contracts or expanded contracts that increase the contractor's level of administrative responsibility. Additional funds do not include cost of living adjustments, rate increases and one-time-only supplemental funds or Alternative Payment program contingency funds. (5 CCR 18000(a)) Adjusted child days of enrollment means child days of enrollment after adjustment factors specified in WIC 10281.5 have been applied. (5 CCR 18013) Adjusted monthly income means total countable income as defined below, minus verified child support payments paid by the parent whose child is receiving child development services, excluding the non-countable income listed below: (5 CCR 18078(a)) a. Earnings of a child under age eighteen (18) years; b. Loans; c. Grants or scholarships to students for educational purposes; City Council 8 – 82 9/16/2025 63 d. Federal Supplemental Assistance Program (CalFRESH/SNAP), Women, Infants and Children benefits, or other food assistance; e. Earned Income Tax Credit or tax refund; f. GI Bill entitlements, hardship duty pay, hazardous du ty pay, hostile fire pay, or imminent danger pay; g. Adoption assistance payments received pursuant to WIC Section 16115 et seq.; h. Non-cash assistance or gifts; i. All income of any individual counted in the family size who is collecting federal Supplemental Security Income (SSI) or State Supplemental Program (SSP) benefits; j. Insurance or court settlements for pain and suffering; k. Reimbursements for work-required expenses such as uniforms, mileage, or per diem expenses for food and lodging; l. Business expenses for self-employed family members; m. When there is no cash value to the employee, the portion of medical and/or dental insurance documented as paid by the employer and included in gross pay; and n. Disaster relief grants or payments, except any portion for rental assis tance or unemployment. o. AmeriCorps Volunteers in Service to America (VISTA) and Federal Emergency Management Agency (FEMA) stipends, room and board, and grants p. Guaranteed income payments as defined below. Administrative costs means costs incurred for administrative activities where neither the family, the child nor the service providers for voucher-based programs and family childcare homes directly benefit from the activity. These costs shall be inclusive of indirect costs if applicable. (5 CCR 18013(c)) Adult means a person who is at least eighteen (18) years of age. (5 CCR 110152(a)(2)) Agency Self-Evaluation Annual Report is a form issued by the CDSS for use by contractors to submit a summary of their program self-evaluation findings. (5 CCR 18270.5(a) and 18279(c)) City Council 8 – 83 9/16/2025 64 Alternative payments includes payments that are made by one childcare agency to another agency or childcare provider for the provision of childcare and development services, and payments that are made by an agency to a parent for the parent’s purchase of childcare and development services. (WIC 10213.5(a)) Alternative payment program also known as voucher-based programs, means a local government agency or nonprofit organization that has contracted with the CDSS pursuant to WIC 10225.5 or a migrant alternative payment program pursuant to WIC 10225, to provide alternative payments and to provide support services to parents and providers. Types of voucher-based programs include C2AP, C3AP, CAPP, and CMAP. (WIC 10213.5(b)) Applicant or contracting agency means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private, non-tax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decision - making prerogatives as consistent with the provisions of this chapter. (WIC 10213.5(c)) Approved work activity (also known as welfare to work activity) is an activity contained in the parent’s welfare-to-work plan as described and further defined in WIC 11322.6 et seq. and may include: a. Unsubsidized employment; b. Subsidized private sector employment; c. Subsidized public sector employment; d. Work experience; e. On-the-job training; f. Grant-based on-the-job training; g. Supported work or transitional employment; h. Work-study; i. Self-employment; j. Community or vocational education and training; k. Job search and job readiness assistance; l. Education directly related to employment; City Council 8 – 84 9/16/2025 65 m. Satisfactory progress in secondary school or in a course of study leading to a General Education Development (GED) certification; n. Mental health, substance abuse and domestic violence services; or o. Other activities necessary to assist an individual in obtaining unsubsidized employment. Assistance Unit means a group of related persons living in the same home who have been determined eligible for CalWORKs cash assistance by the county. (California-DSS-Manual-EAS Eligibility and Assistance Standards, Chapter 82- 800 Assistance Unit) Attendance means the number of children present at a childcare and development facility. Attendance, for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child. (WIC 10213.5(e)) Audit Guide refers to the most recent CDSS Audit Guide, which is a resource for audit requirements and guidance applicable to certain state and federal programs operated by private and public organizations under agreements with the CDSS . The Audit Guide should be used by independent auditors in conducting audits of state and federal childcare and development programs. Authorized representative means, depending upon the specific regulation, either: a. A person who has been delegated the responsibility to sign a child in and out of a childcare program in the absence of the parent; 5 CCR 18013(f). b. A person designated by the contractor to certify eligibility for subsidized services and/or issue a notice of action, application for services or notice of action, recipient of services; (5 CCR 18082(b), 18083(i)) c. A person designated by the parent that would be allowed to review the child's data file; or (5 CCR 18117(b)) d. A person designated by the parent to represent the parent at a local hearing upon filing an appeal after receipt of a notice of action. (5 CCR 18120(e)) Benefit to the State means that the activity will improve knowledge or expertise in areas directly related to subsidized childcare and development services. (5 CCR 18013(g)) City Council 8 – 85 9/16/2025 66 California School Accounting Manual provides accounting policies and procedures, as well as guidance in implementing those policies and procedures. CalWORKs Cash Aid Recipient means an adult or minor teen parent who receives cash aid from the county welfare department for the CalWORKs or Cal - Learn program. (WIC 10370-10376.5) Capital Outlay means the amount paid for the renovation and repair of child care and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatab le child care and development and preschool facilities for lease to qualifying contracting agencies. (WIC 10213.5) Ceases Operation means the contractor does not provide subsidized services in accordance with the contractor's program operating calendar submitted to and approved by the Child Care and Development Division for the applicable contract period. (5 CCR 18013(h)) Center-based Programs means all programs providing services directly to children at a licensed center or family childcare home and not through the use of an alternative payment voucher. Types of center-based programs include CCTR, CHAN, CMIG and CFCC. Certified Schedule means the number of hours per day and/or week that a family is approved to receive subsidized childcare and development services . (5 CCR 18078) Childcare Certificate means a certificate that may be a check, or other disbursement issued by a grantee directly to a parent who may use such certificate only as payment for childcare services or as a deposit for childcare services if a deposit is required by the provider. Nothing in this part shall preclude the use of such certificate for sectarian childcare services if freely chosen by the parent. For the purposes of this part, a childcare certificate is assistance to the parent, not assistance to the provider. (45 CFR Section 98.2) Childcare and Development Programs means those programs which offer a full range of services for children from infancy to (13) thirteen years of age, or children with exceptional needs up to 21; for any part of the day, by a public or private agency, in centers and family childcare homes. (WIC 10213.5(i)) These programs include voucher-based programs, center-based programs and resource and referral programs and specifically include the following: a. General childcare and development. b. Migrant childcare and development. c. Resource and referral. City Council 8 – 86 9/16/2025 67 d. Childcare and development services for children with exceptional needs. e. Family childcare home education network. f. Voucher-based program. Childcare and Development Services means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. These services may include direct care and supervision, instructional activities, resource and referral programs, and alternative payment arrangements. (WIC 10213.5) Childcare Provider means an adult or agency that provides childcare services pursuant to the WIC 10270-10490 Childcare and Development Services Act. (5 CCR 18400(b)) Child Days of Enrollment for fiscal reporting purposes, means the total number of days every child is certified to attend a center-based program, excluding CFCC, regardless of attendance. Child Development Fund means the restricted fund used by the contractor to account for contract funds and related net reimbursable program costs. (WIC 10336; 5 CCR 18064) Child Protective Services (CPS) means children receiving protective services through the local county welfare department as well as children identified by a legal, medical, social service agency or emergency shelter as abused, neglected, or exploited or at risk of abuse, neglect, or exploitation. (5 CCR 18078(c)) Children at risk of abuse, neglect, or exploitation refers to children who are so identified in a written referral from a legal, medical, social services agency, or emergency shelter. (WIC 10213.5(k)) Children with Exceptional Needs means, as set forth in WIC 10213.5 either of the following: a. Children under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans and shall be receiving early intervention services. City Council 8 – 87 9/16/2025 68 b. Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2, and who meet eligibility criteria described in Section 56026 and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program and shall be receiving early intervention services or appropriate special education. Children with severe disabilities or Severely disabled children are children with exceptional needs from birth to twenty-one (21) years of age, inclusive, who require intensive instruction and training in program s serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbance, or severe developmental disability. This also includes those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 7 (commencing with Section 56900) of Part 30 of Division 4 of Title 2 of the Education Code. (WIC 10213.5(y)) Co-located Programs are those that share the same facility but cannot be commingled because they are different types of programs with different program requirements. Commingled Childcare Services means the provision of services to both subsidized and nonsubsidized children in the same classroom at the same time . (5 CCR 18013(i)) Compliance review or Contract Monitoring Review means that a team of the CDSS staff reviews a contractor's program at the program site to determine compliance with applicable laws, regulations, or contractual provisions . (5 CCR 18023(a)(1)) Contract Period means the time span the contract is in effect as specified in the child development contract. (5 CCR 18013(i)) Co-payment means any usual and customary provider charges that exceed the maximum subsidy amount. The family shall be responsible for paying the provider the difference between the provider's rate and the maximum subsidy amount. This shall be considered the family’s co-payment. The contractor shall not be responsible for collecting the family's co -payment. (5 CCR 18220.6(b)) CSPP Four-year-old children means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state City Council 8 – 88 9/16/2025 69 preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. CSPP Three-year-old children means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. Children who have their third birthday on or after December 2 of the fiscal year, may be enrolled in a California state preschool program on or after their third birthday. Any child under four years of age shall be served in a California state preschool program facility, licensed in accordance with Title 22 of the California Code of Regulations. Days of Operation means a day in which the contractor provides service, as indicated on the approved program calendar, to one or more certified children enrolled in a Center-Based program, excluding CFCCs. For Alternative Payment and CFCC programs, a day of operation means a day the administrative office is open for business, as indicated on the approved program calendar. Declaration means a written statement signed by a parent under penalty of perjury attesting that the contents of the statement are true and correct to the best of that parent’s knowledge. (5 CCR 18078(d)) Depreciation means a cost in the current fiscal year that is based on acquisition costs, less any estimated residual value, computed on a straight -line method (based on the normal, estimated useful life expectancy of the asset). (5 CCR 18013(k)) Desired Results Developmental Profile is a document used to record the information in the developmental profile defined in 5 CCR Section 18270.5(b) that is incorporated by reference. (5 CCR 18270.5(c)) Desired Results Parent Survey is a document used to solicit information from parents regarding the childcare program or services that the child and family receive. (5 CCR 18270.5(d)) Developmental profile means a record of a child's physical, cognitive, social, and emotional development that is used to inform teachers and parents about a child's developmental progress in meeting desired results. In center-based programs, teacher and parent observations shall be included as part of the information used to complete the child's developmental profile. In family childcare home education networks, the observations of agency staff, in consultation with providers, and parents shall be included as part of the information used to complete the child's developmental profile. (5 CCR 18270.5(b)) Disallowed costs means costs that have been incurred but are not reimbursable because they are not reasonable and/or necessary for the performance of the contract or are otherwise non-reimbursable. (5 CCR 18013) City Council 8 – 89 9/16/2025 70 Displace families means to disenroll families in order to reduce service levels due to insufficient funding or inability of a contractor to operate one or more sites because of reasons stated in WIC 10272.5; 5 CCR 18078(e). Diversion services means one-time assistance services provided by the county welfare department, either in cash or in non-cash services, to an otherwise CalWORKs eligible family, when the county welfare department determines that such assistance will help the family avoid becoming a CalWORKs cash aid recipient. (5 CCR 18400(d)) Early learning and care program is defined as “Childcare and development program” as set forth in WIC 10213.5. Early childhood mental health consultation services means a service benefitting an infant or toddler who is 0 to 36 months of age, inclusive, and is served in a general childcare and development program, or a child who is 0 to 5 years of age, inclusive, and is served in a family childcare home education network setting funded by a general childcare and development program . (WIC 10281(a)(1)) Education program for purposes of program quality means the environment, activities, and services provided to the children. (5 CCR 18270.5) Educational programs for purposes of determining need for childcare and development services means either of the following: (5 CCR 18078) a. Classes or courses for English language learner (ELL) or English as a Second Language (ESL); or b. Classes or courses to attain a high school diploma, a General Education Development (GED), or a High School Equivalency (HSE) certificate, as specified in Education Code Section 8263(a)(1)(B). Employment agreement is a formal agreement that specifies the conditions of the relationship between an individual employee and an employer including compensation and expectations. Also referred to as an employment contract. Environment rating scale means an instrument that measures program quality by rating the education program (5 CCR 18273, the staff development program (5 CCR 18274), and parent involvement and education (5 CCR 18275.) Environment rating scales include the CDSS most recently used versions of the following (5 CCR 18270.5(f) : a. ECERS means the document entitled, Early Childhood Environment Rating Scale; City Council 8 – 90 9/16/2025 71 b. ITERS means the document entitled, Infant-Toddler Environment Rating Scale; c. FDCCERS means the document entitled, Family Childcare Environment Rating Scale; d. SACERS means the document entitled, School-Age Care Environment Rating Scale; Expulsion means the permanent dismissal of a child from a program in response to a child’s behavior. (WIC 10491) Family experiencing homelessness is defined as set forth in Section 11434(a)(2) of title 42 of the United States Code, known as the McKinney-Vento Homeless Assistance Act. Family means the parents and the children for whom the parents are responsible who comprise the household in which the child receiving services is living. For purposes of income eligibility and family fee determination, when a child and his or her siblings are living in a family that does not include their biological or adoptive parent, family shall be considered the child and related siblings. (5 CCR 18078(i)) Family childcare home education network means an entity organized under law that contracts with the CDSS pursuant to WIC 10250 to make payments to licensed family childcare home providers and to provide education and support services to those providers and to children and families eligible for state- subsidized childcare and development services. A family childcare home education network may also be referred to as a family childcare home system . (WIC 10213.5(p)) Family childcare homes refers to licensed childcare provided in a private home. (22 CCR 102352(f)) Family childcare provider or provider for purposes of implementation of Building a Better Early Care and Education System (BBECES) means a childcare provider who participates in a state-funded childcare and development program and is either of the following: a. An individual who operates a family daycare home, as defined in HSC Section 1596.78, and who is licensed pursuant to the requirement in HSC Section 1596.80. b. An individual who provides childcare and development services in their own home or in the home of the child receiving care and is exempt from licensing requirements pursuant to HSC, Section 1596.792. (WIC 10421(b)(1)(B)) City Council 8 – 91 9/16/2025 72 Family fee means the families share of cost as determined from the fee schedule. (WIC 10290; 5 CCR 18078(k)) Fee schedule means the Family Fee Schedule issued by the CDSS pursuant to WIC 10290 and 10436. (5 CCR 18078(k)) Family size for all programs means the number of people constituting a “family” as determined by documentation supporting the number of children and parents in the family. (5 CCR 18083.1) Former CalWORKs cash aid recipient means an adult individual or minor teen parent who has previously received and is no longer receiving cash aid under the CalWORKs or Cal-Learn programs because of, but not limited to, earnings, other income, or a sanction of the adult imposed by county welfare department. (5 CCR 18400(f)) Full signature means the legal signature of the individual (e.g., signature normally used on checks and other documents). If the individual is not literate in written English, the individual may sign with an X which must be initialed by the contractor's authorized representative (5 CCR 18065). Pursuant to WIC 10232.5 and 10269(b)(1) and (2), the use of a digital signature shall have the same force and effect as the use of a manual signature if it meets established program and technology requirements. Health Services include, but are not limited to all of the following: (WIC 10213.5(q)) a. Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care. b. Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (chapter 7 (commencing with Section 14000) of Part 3) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code, but only to the extent that ongoing care cannot be obtained utilizing community resources. c. Health education and training for children, parents, staff, and providers. d. Follow-up treatment through referral to appropriate health care agencies or individual health care professionals. Guaranteed income payments means unconditional, recurring, regular, cash payments, whether publicly or privately funded, that are intended to support the basic needs of eligible recipients, including, but not limited to, payments provided through pilot programs and projects receiving funding from the California Guaranteed Income Pilot Program (WIC 18997 - 18997.4). (WIC 10271.5(f)) City Council 8 – 92 9/16/2025 73 Income eligible or Ongoing income eligible means that a family’s adjusted monthly income is at or below 85 percent of the state median income, adjusted for family size. Income fluctuation means income that varies due to: (5 CCR 18078(n)) a. Migrant, agricultural, or seasonal work; b. Inconsistent and/or unstable employment or self-employment resulting in an inconsistent pattern of income; or c. Intermittent, occasional, sporadic, or infrequent earnings or income, including but not limited to bonuses, commissions, lottery winnings, inheritance, back child support payment, overtime, or net proceeds from the sale of real property or stock. Indirect costs are general and administrative costs that benefit the operations of the entire organization but cannot be identified to specific programs or activities . Examples of indirect costs are described in the federal cost principles codified under the Uniform Guidance (UG), 2 CFR, 200.414. (5 CCR 18013(m)) Indirect cost allocation plan means a written approved justification and rationale for assigning the relative share of indirect costs across more than one program or contract. School districts and county offices of education shall use the CDE approved rate if it is less than ten percent (10%). A Nonprofit’s Board of Directors will approve the indirect cost allocation plan. (5 CCR 18013(n) and 2 CFR 200.414) Initial certification means the formal processes the contractor goes through to collect information and documentation to determine that the family and/or child meets the criteria for receipt of subsidized child care and development services as specified in WIC Section 10271(a)(1)(A) and (a)(1)(B), respectively. The dated signature of the contractor's authorized representative on an application for services certifies that the criteria have been met and begins the period of eligibility. (5 CCR 18078(j)) Legally qualified professional means a person licensed under applicable laws and regulations of the State of California to perform legal, medical, health or social services for the general public. (5 CCR 18078(p)) Licensed-exempt provider means an individual or organization that is not required to be licensed, as specified in HSC 1596.792, or any other federal law or regulation. Licensed family childcare provider means a childcare provider who participates in a state-funded early care and education program, as defined in Section 10421, and is an individual who operates a family daycare home as City Council 8 – 93 9/16/2025 74 defined in H&WC, Section 1596.78 and is license pursuant to the requirements in HSC Section 1596.80. (WIC 10491) Licensed provider means an individual or organization that has obtained a childcare license, as specified in 22 CCR 101152; HSC 1596.90, et seq. Maximum reimbursable amount means the total dollar amount of a contract. Reimbursement from the State shall not exceed the maximum reimbursable amount. The initial maximum reimbursable amount shall be the approved original version of the annual contract based on the Budget Act as signed by the Governor. (5 CCR 18013(o)) Maximum subsidy amount means the regional market rate ceiling plus any applicable adjustments for: (5 CCR 18074.1(b)) a. Evenings and/or Weekends for Licensed Providers pursuant to 5 CCR, Section 18075.1; or b. Children with Exceptional Needs pursuant to 5 CCR, Section 18075.2. Member of the household means a member of the family as defined above. Migrant agricultural worker family for Migrant Childcare and Development (CMIG) and Migrant Alternative Payment (CMAP) programs, means a family that has earned at least fifty percent (50%) of its total gross income from employment in fishing, agriculture, or agriculturally related work during the twelve (12) month period immediately preceding the date of application services. (WIC 10236) Monthly attendance record or invoice means documentation that includes, at a minimum, the name of the child receiving services, the dates and actual times care was provided each day, including the time the child entered and the time the child left care each day, that is signed under penalty of perjury by both the parent or guardian and the childcare provider, attesting that the information provided is accurate. (WIC 10227.5) Net reimbursable program costs means the portion of the actual and allowable net costs that are incurred in the provision of childcare and development services for subsidized children. (5 CCR 18013(p)) New contract means either: a. A contract award to applicants who do not currently contract with the CDSS for childcare and development services; or b. A contract award to current contractor that is for a program type as specified in WIC 10213.5 that is different than the child development contract(s) currently administered by the applicant. (5 CCR 18000(d)) City Council 8 – 94 9/16/2025 75 Notice of Action, Application for Services means a written statement of specific information issued by the contractor that informs the family of the contractor’s decision to approve or deny childcare and development services. Notice of Action, Recipient of Services means a written statement of specific information issued by the contractor informing the family changes to services in accordance with 5 CCR 18082.2, 18082.3, 18114, or 18066.5. Parent means a biological parent, adoptive parent, stepparent, foster parent, caretaker, relative, legal guardian, or domestic partner of the parent as defined in Family Code Section 297, or any other adult living with a child who has responsibility for the care and welfare of the child. (WIC 10213.5(u)) Parental Incapacity means the temporary or permanent inability of the child’s parent(s) to provide care and supervision of the child(ren) for part of the day due to a physical or mental health condition. (5 CCR 18078(r)) Parent involvement and education means those activities specifically designed to include parents in the education of their children, help parents participate in the program, and enhance their understanding of child development. (5 CCR 18270.5) Parent survey means a questionnaire completed by the parent to assess the childcare program or services that the child and family receive. The parent survey asks for information about how the program helps parents support their child’s learning and development and meets the family’s needs. (5 CCR 18270.5) Position of fiscal responsibility or control for purposes of Immediate termination, includes any authority to direct or control expenditure of, or any access to, state or federal childcare and development funds received pursuant to this section whether that authority or access is conferred based on the person’s status as an employee, director, manager, board member, or volunteer, or based on any other status. (WIC 10399) Persistent and serious behaviors means either repeated patterns of behavior that significantly interfere with the learning of other children, or interactions with peers and adults that are not responsive to the use of developmentally appropriate guidance. This includes, but is not limit to physical aggression, property destruction, and self-injury. (WIC 10491) Private agency or Private contractor means an entity other than a public agency that is tax exempt or non-tax exempt and under contract with the CDSS for the provision of childcare and development services. (5 CCR 18013(q)) Program means a general childcare and development program, as describe in Chapter 7 (commencing with Section 10240), a childcare and development service for children with severe disabilities, as described in Chapter 9 City Council 8 – 95 9/16/2025 76 (commencing with Section 10270), or a migrant childcare and development program, with the exception of migrant alternative payment programs, as described in Chapter 6 (commencing with Section 10235), that serves children from zero to five years of age, inclusive. (WIC 10491) Program Director means a person who is qualified to serve as a program director, pursuant WIC Sections 10242 and 10380.5. Program self-evaluation process means those activities and procedures used by the contractor to evaluate its program quality and compliance with applicable laws, regulations, and contractual provisions. (5 CCR 18270.5(i)) Provider a. For purposes of abandonment of care, means any person or entity that is contracted or reimbursed to provide subsidized childcare and development services. This may include, but is not limited to, voucher- based program providers, family childcare home provider, eligible license- exempt provider, or contractor that provides subsidized childcare and development services directly to children. b. For purposes of implementation of Section IX, Building a Better Early Care and Education System, see definition for family childcare provider above. Public agency or Public contractor means a school district, community college district, county superintendent of schools, campus of the California State University or the University of California system, county, city, or other public entity under contract with the CDSS for the provision of childcare and development services. (5 CCR 18013(r)) Rate Sheet means a listing the rates charged by the child care provider, including discount or scholarship policies, if any, along with a statement signed by the provider confirming that the rates charged for a subsidized child are equal to or less than the rates charged for a nonsubsidized child. (WIC 10228(c)) Reasonable and necessary costs are those costs that do not exceed what an ordinarily prudent person would incur in the conduct of a competitive business under the circumstances prevailing at the time of the decision to incur the cost, and whether the cost is of a type recognized as ordinary and necessary for the operation of the entity or the proper and efficient performance of the award. (45 CFR 75.404; 5 CCR 18013) Recertification means the formal processes the contractor goes through to collect information and documentation to determine that the family and/or child continues to meet the criteria for receipt of subsidized child care and development services as specified in WIC 10271(a)(1)(A) and (a)(1)(B), respectively. The dated signature of the contractor's authorized representative City Council 8 – 96 9/16/2025 77 on an application for services certifies that the criteria have been met and begins the period of eligibility. (5 CCR 18078(t)) Recipients of service means families and/or children enrolled in a childcare and development program subsidized by the CDSS. (5 CCR 18078(u)) Regional market rate ceilings means the maximum amount calculated by the CDSS that providers in different regions of the state may be reimbursed for the same type of childcare for the same age child in accordance with statutory ceilings currently in effect. (5 CCR 18074.1(c)) Restricted income means income which the donor designates may only be expended for specific limited purposes that would be reimbursable according to the contract. (5 CCR 18013) Sectarian organization or sectarian childcare provider means any organization or provider that engages in religious conduct or activity or that seeks to maintain a religious identity in some or all of its functions. (45 CFR Part 98.2) Self-Certification of Income means a declaration signed by the parent under penalty of perjury identifying: (5 CCR 18078(v)) a. To the extent known, the employer, address, and date of hire and stating the rate and frequency of pay, total amount of income received for the preceding month(s), the type of work performed, and the hours and days worked; or b. Families who are recipients of a means-tested program, pursuant to WIC 10271, the income declared on the application for the means-tested government program, and a statement indicating the parent does not have access to the application. c. That the parent does not have income from employment and any source of income used to support the family including non-wage income. Service agreement is a legal instrument by which the agency purchases services needed to carry out the childcare and development programs. Legal instruments that include services which are clearly incidental to the agreement are not considered service agreements. Service delivery area means the community, geographic area, or political subdivision in which the childcare and development services are to be provided as specified in the Request for Applications. (5 CCR 18000(f)) Site supervisor means a person, who, regardless of his or her title, has operational program responsibility for a childcare and development program at a single site. A site supervisor shall hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a childcare and City Council 8 – 97 9/16/2025 78 development program operating in a single site. The CDSS may waive the requirements of this subdivision if the CDSS determines that the existence of compelling need is appropriately documented. (WIC 10213.5(aa)) Social service agency means an agency that, in the course of day-to-day business, provides personal counseling, personal or group therapy provided by personnel properly certified or licensed under California law. Examples of such agencies include county welfare departments and county mental health departments. Staff development program means those activities that address the needs, interests, and skills of program staff or service providers to improve program quality. (5 CCR 18270.5(j)) Stage 1 means the first stage of CalWORKs childcare services. Stage 1 childcare services are administered by the CDSS through county welfare departments pursuant to WIC 10371. Stage 1 childcare begins when authorized by the county welfare department. (5 CCR 18400(n)). Stage 2 means the second stage of CalWORKs childcare services. Stage 2 childcare services are administered by the CDSS through contracts with Alternative Payment program providers pursuant to WIC 10372. Stage 2 childcare begins when the county welfare department determines that a CalWORKs family is stable and transfers the family to a Stage 2 childcare contractor for childcare services, or a family applies and is found eligible for Stage 2 services. (5 CCR 18400(o)) Stage 3 means the third stage of CalWORKs childcare services. Stage 3 childcare services are administered by the CDSS through contracts with Alternative Payment program providers pursuant to WIC 10372.5. Stage 3 childcare begins when a CalWORKs family receiving Stage 1 or Stage 2 childcare services has fully utilized the family’s twenty-four (24) months of eligibility to Stage 1 and Stage 2 childcare services following the date the adult stopped receiving cash assistance. (5 CCR 18400(p)) Standard reimbursement rate means that rate established by the CDSS pursuant to WIC 10280 and 10213.5(ab). Start-up costs also known as “service level exemption” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. State median income means the most recent median income for California families as determined by the State Department of Finance (DOF). (WIC 10271.5(c)) Subcontract means a written agreement between the contractor and any entity to perform a service on behalf of the contractor. City Council 8 – 98 9/16/2025 79 Subcontract for childcare and development services means a specific type of subcontract where the contractor enters into a written agreement with another entity to carry out all or part of the childcare and development services. Subsidized families means eligible families who are receiving childcare and development services and on whose behalf the CDSS is providing a reimbursement, in whole or in part. (5 CCR 18074.1(d)) Support services means those services which, when combined with childcare and development services, help promote the healthy physical, mental, social, and emotional growth of children and families. Support services include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling. (WIC 10213.5(ae)) Suspension means any removal of a child from all or part of the program day, or the prevention of a child from attending the program for one or more days, in response to the child’s behavior. (WIC 10491) Time Out means that a family receiving CalWORKs Stage 1 or Stage 2 childcare services becomes ineligible for Stage 1 or Stage 2 because the adult has been off cash aid for twenty-four (24) months. (5 CCR 18400(r)) Total contract amount for the purposes of determining the limit of allowable administrative and program support services for Alternative Payment type programs means either the initial maximum reimbursable amount or the total of direct payments to providers, which includes family fees for certified children and interest earned on advanced contract funds, plus reimbursable administrative and support services costs, whichever is greater. (5 CCR 18013(u)) Total countable income means all income of the individuals counted in the family size (5 CCR 18078(w)) including, but not limited to, the following: a. Gross wages or salary, advances, commissions, overtime, tips, bonuses, gambling, or lottery winnings; b. Wages for migrant, agricultural, or seasonal work; c. CalWORKs cash aid; d. Gross income from self-employment less business expenses with the exception of wage draws; e. Disability or unemployment compensation; f. Workers’ compensation; City Council 8 – 99 9/16/2025 80 g. Spousal support, child support received from the former spouse or absent parent, or financial assistance for housing costs or car payments paid as part of or in addition to spousal or child support; h. Survivor and retirement benefits; i. Dividends, interest on bonds, income from estates or trusts, net rental income or royalties; j. Rent for room within the family’s residence; k. Foster care grants, payments or clothing allowance for children placed through child welfare services; l. Financial assistance received for the care of a child living with an adult who is not the child’s biological or adoptive parent; m. Veterans’ pensions; n. Pensions or annuities; o. Inheritance; p. Allowances for housing or automobiles provided as part of compensation; q. Insurance or court settlements for lost wages or punitive damages; r. Net proceeds from the sale of real property, stocks, or inherited property; or s. Other enterprise for gain. Total expenditures means all costs for the provision of subsidized services under the contract and any nonsubsidized services which are provided in commingled classrooms. (5 CCR 18013(v)) Variable schedule as provided in WIC 10227.5, means a schedule in which the total number of hours worked each week is inconsistent and/or unstable from week to week. (5 CCR 18078) Vocational training means an educational or job training/apprenticeship/internship program courses and/or classes leading to a recognized trade, paraprofession or profession. (5 CCR 18078) Unnecessarily increase the value means an improvement of a site beyond what is required to meet California Code of Regulations, title 22, Community Care Licensing Standards 5 CCR 18013 City Council 8 – 100 9/16/2025 81 Unrestricted income means income that has no restrictions regarding use by the donor, and income restricted by the donor for purposes that are not reimbursable according to the contract, including income for services to children not subsidized by the contract. (5 CCR 18013) Unsubsidized or nonsubsidized means children or families that are not subsidized as defined above. (5 CCR 18074.1(e)) Use allowance means an alternate method for claiming the use of the contractor's assets as a cost when depreciation methods are not used . (5 CCR 18013(y)) Voucher-based programs see “Alternative payment program” definition. Welfare-to-work activity means a county welfare department approved work activity, as defined above. (5 CCR 18400(s)) City Council 8 – 101 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 1 of 32 EXHIBIT 3 FISCAL YEAR 2022–23 GENERAL CHILD CARE AND DEVELOPMENT PROGRAM EXPANSION FUNDS REQUEST FOR APPLICATIONS Instructions Contractors must read the accompanying instructions when completing this Request for Applications (RFA). The General Child Care and Development Program (CCTR) Expansion RFA Program Overview and Instructions may be accessed on the CCTR RFA web page. Support with this Application Should you have any questions, please contact the Child Care and Development Division, CCTR RFA Team by email at CCTRRFA@dss.ca.gov or by phone at 916-639-7944. Section I – Contracted Program Type This applicant serves, or will serve, the following contracted program type (check all that apply): Center-Based Program A Child Care Center (or Day Care Center) is usually located in a commercial building, where supervision is provided for infant to school-age children in a group setting for periods of less than 24 hours. Family Child Care Home Education Network (FCCHEN) Program The contracting agency operates a “network” of licensed and pre-selected family child care homes who provide quality early learning and care programs for children. The agency provides family child care home providers with coaching, technical assistance, and support provider relationships with families. Independent Licensed Family Child Care Home (FCCH) Provider* [NOT ELIGIBLE] Independent providers care for small groups of children in a residential building such as a house, apartment, or condo unit. *PLEASE NOTE: Independent Family Child Care Home Providers are not eligible for direct CCTR and will automatically be disqualified. Please contact your local Resource and Referral Agency (R&R) if you are interested in joining a FCCHEN. City Council 8 – 102 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 2 of 32 Section II – Contractor Information Please submit only one application per agency/applicant. Agency Headquarter Information Legal Name of Contractor: City of Santa Ana Parks & Recreation (PRCSA) Headquartered County: 30 Orange Vendor Number: TBD Agency Legal Business Address: 20 Civic Center Plaza, M-23 City: Santa Ana Zip Code: 92701 Please provide the following information on the best contact person who is authorized to receive notifications regarding this funding opportunity: Contact Person Name and Title: Cindi Sangenito, Management Analyst Contact Person Telephone Number: (714) 647-5374 Contact Person Email Address: csangenito@santa-ana.org Executive Director Executive Director Name: Hawk Scott Executive Director Telephone Number: (714) 571-4204 Executive Director Email Address: hscott@santa-ana.org Executive Director Prior Affiliations: Program Director Program Director Name: Timothy Pagano Program Director Telephone Number: (714) 571-4219 Program Director Email Address: tpagano@santa-ana.org Program Director Prior Affiliations: City of Brea, City of Walnut, City of Chino, City of Riverside, City of San Dimas City Council 8 – 103 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 3 of 32 Section III – Legal Status of Contractor Select the contractor’s legal status. Check one box below: City or City Agency County or County Agency State or Federal Agency State College or University, Community College, County Office of Education, School District Tribal Council/Military Installation Private for-profit/Private nonprofit Charter School (direct funded) Are you a current child care contractor with the State of California? Yes No For current contractors only, are you currently on provisional status, as defined in W&IC Section 10397(a)(2)? Yes No N/A For current contractors only, select a box for each program type you currently operate. Select all that apply: General Child Care and Development (CCTR) Migrant Child Care and Development (CMIG) Handicapped Child Care and Development (CHAN) CalWORKs Stage 2 (C2AP) CalWORKs Stage 3 (C3AP) California Resource and Referral (CRRP) California Migrant Alternative Payment (CMAP) California State Preschool Program (CSPP) Head Start Program City Council 8 – 104 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 4 of 32 Section IV – County or Counties of Service Name of county or counties the contractor will serve with this funding and specify the percentage of funding being requested for each county to reflect services to be provided in these areas: The City of Santa Ana Parks, Recreation and Community Service Agency (PRCSA) is located in the County of Orange and this will be the only location that our programs will serve. All funds received will be used here. PRCSA will be providing recreation based after school care for children aged 5 -12 years, as well as full day summer camp programming. These programs will focus on serving low-income, at-risk youth in the following zip codes: 92701, 92703, 92704, 92706 & 92707, which are all priority 1 locations, per the Local Planning Council Report from FY 21/22 City Council 8 – 105 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 5 of 32 Please indicate the number of children your agency is newly proposing to serve in Full-Day/Full- Year programs in the following age groups: How many new FCCHEN home provider sites are you proposing to add with this RFA? How many new Center Based sites are you proposing to add with this RFA? 7 Section V – Slots Requested Age Group Proposed Number of New Slots Infants (up to 18 months) Toddlers (18 months to 36 months) Three and Four-Year-Old School Age (Ages 5+) 515 City Council 8 – 106 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 6 of 32 Section VI - Program Operation Plans Are you currently operating a licensed child care center? Yes No N/A — No plans to operate a child care center Are you currently operating a licensed FCCHEN? Yes No N/A — No plans to operate a FCCHEN If the answer to either or both above questions is “No”, please provide a date and explanation that details when the home provider and/or sites are expected to be open for services. Expected Date(s) first operation: Fall 2023 Please provide details regarding program operation plans: The City of Santa Ana is a local municipal agency that will run recreation-based programs at each of the designated centers. PRCSA intends to start these programs by Fall 2023. The exact start dates for each location will vary based on staffing, funding and facility readiness. PRCSA will operate after-school care for children in K-6th grade as well as summer camp program opportunities. Every location will serve the community in Priority 1 designated areas. PRCSA will use a 1:10 staffing to participant ratio and will bring on staff, as needed, depending upon the amount of registrants we have for each location. A monthly schedule will be created for each center showing various activities, games, dance, music, sports and arts programming during the after school program. Similarly, a weekly schedule will be created detailing activities that will take place during summer camp program. A Program Coordinator will be assigned to oversee all centers to administer all required auditing procedures, registration and participant intake as required by the contract funding parameters. In addition, each location will have Recreation Leaders that will lead daily programming for the after-school care program and the summer camps. Programs will be open from approximately 3 pm until 6 pm during the school year and from 7:30 am until 5:30 pm for full-day summer camp programming. Summer camp programs will have certified Water Safety Instructors teaching each participant how to swim. Weekly excursions will take place during the summer camps that will take the participants on various excursions, each of which will pertain to the camp theme of the week. These programs will assist residents with little or no-cost after school and day camp programming options who face barriers in being able to provide quality care for their children while at work. City Council 8 – 107 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 7 of 32 Section VII – Intent to Subcontract Services Does this applicant intend to subcontract any portion of the contract to another agency? No — Not intending to subcontract Yes — If yes, please provide the following information included with your application: • Form CCD 30B Subcontract Certification (attach additional sheets as necessary) • Sample Subcontractor Memorandum of Understanding that includes the required elements and California Code of Regulations, Title 5 (5 CCR) Section 18031. If “Yes” to above, has the intended agency been a subcontractor during the last three calendar years? Yes — By checking “Yes”, your agency intends to establish a subcontract relationship with another entity to implement the CCTR services described in this application. No — By checking “No”, the subcontractor has not subcontracted within the last three calendar years. Please note: All applicant agencies must follow the subcontract requirements detailed in the 5 CCR, Sections 18026–18032, and the Funding Terms and Conditions for subcontracting services. Management and/or Direct Services subcontracts must be audited in accordance with the California Department of Social Services Audit Guide developed by the CCDD Audits and Investigations Division. City Council 8 – 108 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 8 of 32 Section VIII – Contractor Certification I, the official named below, certify under penalty of perjury that I have read the full contents of this application and that, to the best of my knowledge and belief, the information in this application and any attachments hereto are true and correct. I further certify the applicant agency will fulfill all of the agreements, certifications, and conditions described in this RFA, appendices to the RFA, and this application as well as abide by all applicable federal and state laws. I declare: • I have supervisory authority over the child development program, have actual, personal knowledge of the information provided in this Application and certify that it is true and correct in all material respects. • I am familiar with and will ensure that the Contractor complies with all applicable program statues and regulations, including: • Subcontracting requirements, including competitive bidding, CDSS approval, and audit requirements in 5 CCR, Section 18026. • Prohibitions on conflicts of interests, including (i) the assurances required to establish that transactions with officers, directors and other related party transactions are conducted at arm’s length, and (ii) employment limitations stated in Welfare and Institutions Code, Section 10399. • Cost reimbursement requirements, including reimbursable and non- reimbursable costs, documentation requirements, the provisions for determining the reimbursable amount and other provisions in 5 CCR, Section 18033. • Accounting and reporting requirements in 5 CCR, Section 18063. • Operational and programmatic requirements, and all fiscal and program attachments in Sections IX and X. The Authorized Representative must provide the following information: Printed Name: Timothy Pagano Title: Recreation Manager Telephone Number: (714) 571-4219 Email-Address: tpagano@santa-ana.org Signature: Date of Signature: City Council 8 – 109 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 9 of 32 Section IX – Certifications and Fiscal Information Fiscal Information Required for All Applicants 1. Self-Certification for Franchise Tax Board and Department of Tax and Fee Administration By checking this checkbox, the applicant certifies that they are not a delinquent tax payor on the list located on the Franchise Tax Board web page. By checking this checkbox, the applicant certifies that they are not a delinquent tax payor on the list located on the Department of Tax and Fee Administration web page. By checking this checkbox, the applicant certifies that they are not on the list of sanctioned entities located on the Office of Foreign Assets Control web page. 2. Registration in the System for Award Management* Please enter your agency’s Unique Entity Identifier Number: KZE9G2M4GRX9 *SAM registration is required for any entity to bid on and get paid for federal contracts or to receive federal funds (Federal Acquisition Regulations (FAR) Part 52.204-7). To find your agency’s Unique Entity Identifier Number, visit the System for Award Management web page. 3. Board of Directors Approval Does the applying agency have a Board of Directors? No Sole proprietorship Other; Please explain Yes If the applying agency has a Board of Directors, the applicant must self-certify that it has received Board of Directors approval to receive CCTR Expansion Funding. Yes, the Board of Directors has approved the applicant’s receipt of CCTR Expansion funding should an award be extended. No, the Board of Directors has not approved the applicant’s receipt of CCTR Expansion funding should an award be extended. Please note: Public agencies without Board approval are not eligible for CCTR Expansion funding. N/A, Please provide reason; i.e. the Board did not have a scheduled meeting during the application process If N/A, please provide the date that Board approval is expected. Date City Council 8 – 110 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 10 of 32 Section X – Fiscal Attachments Please consult the “Requirement” information to determine if each form is required for your agency. Program Staffing Plan • Requirement: For all applicants • Instructions: Include this completed form with your RFA submission. Payee Data Record (STD. 204) • Requirement: Agencies who are not a current child care contractor with the State of California • Instructions: Complete sections 2 through 6; information on sections 2, 4, and 6 must be consistent with the information identified on the application cover sheet. Proof of “Current” Charity Status with the California Department of Justice • Requirement: For Charitable Corporations, Unincorporated associations, and Trustees only If the organization is classified as a California nonprofit public benefit corporation or has received federal tax exemption under United States Code (USC) Section 501(c)(3), it is considered a charity. (California Corporations Code (CCC), Section 5110 et seq.) Registration with the Attorney General’s Registry of Charitable Trusts is required for all California public benefit corporations and other types of organizations that hold assets for a charitable purpose. (Government Code (GC) § 12580 et seq.) • Instructions: Visit the California Department of Justice Registry Verification Search web page. Enter your organization’s name in the ‘Organization Name’ field and select the link with your organization’s name that corresponds with the ‘charity registration’ record type. Save a screenshot of the subsequent page showing the registrant details and mailing address. Proof of 501(c)(3) or 501(c)(5) Status • Requirement: For Charities and Non-Profits only If the organization is classified as a California nonprofit public benefit corporation or has received federal tax exemption under USC Section 501(c)(3), it is considered a charity. ((CCC), Section 5110 et seq.) Organizations that do not file for 3 consecutive years automatically lose their tax -exempt status. An automatic revocation is effective on the original filing due date of the 3rd annual return or notice. (USC Section 6033(j)) • Instructions: Visit the Internal Revenue Service Tax Exempt Organization Search web page. You may search by your organization’s name or Employer Identification Number (EIN). Click on your organization’s name. Save a screenshot of the subsequent page showing the search results. City Council 8 – 111 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 11 of 32 Section XI – Program Attachments All applicants must complete and submit a program calendar for FY 2022–23 (April through June 2023) and FY 2023–24. Click on the links below to access each fiscal year Program Calendar. • FY 2022–23 Program Calendar (Form CCD 23) • FY 2023–24 Fiscal Year 2023–24 Program Calendar (Form CCD 33) Section XII – Program Narrative All applicants must compose and submit a program narrative. Instructions for the Program Narrative are available in the FY 2022–23 CCTR Expansion RFA instructions on the CCTR RFA web page. Instructions for Completing the Program Narrative Written responses must be completed in accordance with the Scoring Rubric and information described in this section of the application. As agencies complete the written program narrative, the following requirements must be noted: 1. Information in the application must be relevant and unique to the program administered by the applicant. 2. Applicants will be required to describe the program that the agency will implement. Any application containing false or misleading information is cause for disqualification. 3. An application that is plagiarized in any part or form from another application will automatically be rejected. Agencies cannot submit an application where the text has been copied from another agency’s previous or current application, whether another agency voluntarily or involuntarily provided the information. 4. Each individual question must be completed following the format requirement provided. 5. Please note answers must not exceed the space provided (two pages maximum, per section). 6. Additional pages will not be accepted or read. City Council 8 – 112 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 12 of 32 Section 1: Agency Philosophy and Introduction (10 points) Provide a general overview of the agency’s child care and development services for children and families. The agency may also use this section to explain its unique features and philosophies, which are important and promote understanding of the program. The City of Santa Ana is a local municipality offering recreation-based after-school care and summer day camp programs for the community. We are the second largest city in Orange County and recognized as the county seat. The City's mission is to deliver efficient public services in partnership with our community which ensures public safety, prosperous economic environment, opportunities for our youth, and a high quality for residents. The Santa Ana Unified School District (SAUSD) operates Engage 360, an expanded learning program, at a majority of the surrounding elementary schools. These programs are impacted and have an extensive wait list at multiple sites and PRCSA is positioned to provide after school care for those participants in K-6 grade that find themselves wait listed. Santa Ana's socio-economic status places all PRCSA proposed sites in a Priority 1 as identified by the most recent report provided by the Local Planning Council (FY 2021/2022). PRCSA is proposing to provide school-age programming services to assist local youth by providing them an opportunity to participate in an after school program close to their home & school and to engage in activities that will improve overall health, wellness and interpersonal skills. During Summer Camp, PRCSA will work with the City of Santa Ana's Aquatics Section to offer free swim lessons to all participants each week, as well as, incorporate a local excursion to various locations throughout Southern California. Through these school-age programs, PRCSA will be able to establish a strong foundation for families and the community by providing child care and resources that are useful to the community and beneficial to the individual participants after school time. If provided the funding associated with this contract, PRCSA would be afforded an opportunity to enhance proposed locations for after-school care and summer camps for Santa Ana residents. Funding would also foster stronger relationships with PRCSA's community based partners and enable PRCSA to increase collaborative efforts with more local service groups. City Council 8 – 113 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 13 of 32 Section 1: Agency Philosophy and Introduction (additional page, if needed) City Council 8 – 114 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 14 of 32 Section 2: Needs Assessment/Service Delivery Area (10 points) Describe the gaps in the service delivery area(s) and how your program plans to address these needs. Include steps that will be taken to address these gaps, which must include days and hours of operations when services will be provided, in order to meet the commun ity’s need for subsidized child care and development services to children and families that meet the eligibility requirements. You must include resources used including LPC priority(ies) and zip code(s) where services will be provided. The Santa Ana Unified School District offers after school programming through the district operated Engage 360 Program in Zip Codes 92701, 92704, 92706 & 92707. These Zip Codes have been identified as Priority 1 locations according to the most recent assessment from the Local Panning Council (FY 21/22). Multiple Engage 360 programs currently maintain a wait list and there are several opportunities for PRCSA to provide after school care for school-age children that will give them a safe space to go where they can participate in various recreation activities, complete their homework and socialize in-lieu of not having an after school program to attend. PRCSA collaborates with the Santa Ana Library, Santa Ana Police Department and TRF to provide after school care through various programs for Santa Ana youth who are identified at risk for drug abuse, gang involvement and crime. Making these programs available gives Santa Ana youth an opportunity to be associated with a safe place and enhances the probability of keeping them o ff of the streets and out of trouble. The Santa Ana After School Program will operate from the end of the school day, between 2 and 3:30 pm and go up until 6 pm. During the summer, camp programs will be Monday to Friday from 7:30 am to 5:30 pm. This will provide an alternative solution for child care time frames needed the most by working parents. PRCSA will be promoting the programs at the local schools and, if possible, reaching out to families on the waiting list for Engage 360. In addition, PRCSA will utilize it's own marketing strategies and avenues as well as that of the City to engage parents and participants for enrollment in the program. PRCSA staff will assist parents by checking each enrollee's eligibility to ensure PRCSA is qualifying interested families who meet the criteria as set forth by the parameters for this funding. During PRCSA's Summer Camp programming, the City of Santa Ana's Aquatics Section will be offering swim lessons for each participant signed up for the 10 week program. This will be an added value benefit to residents and will help decrease the likelihood of preventable drowning incidents. PRCSA established a Community Engagement Section in our Recreation Division that will use various social media platforms to help market both the after school program and day camp program opportunities to Santa Ana residents. City Council 8 – 115 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 15 of 32 Section 2: Needs Assessment/Service Delivery Area (additional page, if needed) City Council 8 – 116 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 16 of 32 Section 3: Children to Be Served (10 points) Using your needs assessment, describe the specific age group(s) you are proposing to serve and how will you use these contract funds to expand services to meet the needs of the community. PRCSA will offer the after school care program to be designed for ch ildren from ages 5 through 12 years old, taking care of kindergarten through sixth grade. We will be able to take the burden off of parents who were unable to enroll their children in the free after school program SAUSD is providing, due to the overwhelming number of families needing this service, causing unprecedented wait lists. PRCSA will continue with our summer camp full day care, focusing on the same ages of 5 through 12. We will be including swim lessons with our summer camp. This will benefit the kids of the SAUSD and all priority 1 level zip codes with FREE swim lessons, something they may not be able to do on their own. Drowning is 100% preventable and we plan on teaching all participants of our summer camps how to swim. This is a new service that expands our standards to the community by including these "Splash Camps" to our residents. In 2020, Santa Ana’s population was 333,000 with a median age of 32 and a median household income of $64,427. The largest ethnic groups in Santa Ana are Hispanic at 75%. In 2020, 2/3 of residents were US Citizens vs. the CA average of 90%. As of 2020, 42% of Santa Ana residents were born outside of the US, which is higher than the nat ional average of 13.5%. The economy in Santa Ana has its largest focus in Manufacturing, followed by Retail Trades and then Food Services. Males in the City earn at a rate of 1.25 times that of female residents. Only 64% of residents over 18 hold a High School Diploma and 17% of adult residents 25 years or older hold a Bachelor’s Degree. Based on the latest LPC Community Assessment Report, 47% of children who enter Kindergarten are not academically or socially assessed at current developmental age. More than 46% of children do not meet the CA Standards for 3rd grade English-Language Arts, furthermore, 42% of students do not meet 3rd grade Math Standards. In 2021, more than 1 in 10 students were considered chronically absent, have far below average attendance. Subsequently, nearly 50% of High School graduates in Santa Ana do not meet basic college entrance academic requirements. Our City has a significant growing homeless and unhoused population, more than 30,000 students meet the criteria for being considered homeless and live highly unstable and often unsafe housing situations. Many children live in cars, motels or communal areas of relatives homes, utilizing gas stations and other spaces for cleaning themselves. The overcrowding was very evident during the 4 Pandemic Waves as COVID affected the City of Santa Ana disproportionately due to highly dense living arrangements. PRCSA, in collaboration with the Santa Ana PAAL Program and TRF will be responding to the unmet needs in the community, limiting gang initiations and exposure to gangs, while engaging children in meaningful opportunities during out of school times. City Council 8 – 117 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 17 of 32 Section 3: Children to Be Served (additional page, if needed) City Council 8 – 118 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 18 of 32 Section 4: Administration and Staffing (10 points) For All Applicants: • Describe the roles and responsibilities of the core administrative staff responsible for the audit, fiscal and programmatic components of the contract. • Does your program have existing staff who can meet the qualifications for the services proposed? Explain. (See Teacher Qualification Section of the General Staffing Qualifications web page) • If your program does not have sufficient staff to meet qualifications for proposed services, please explain the plan to acquire sufficient qualified staff. • Describe how you will utilize contract funds to support and enhance program staffing and staff development. For FCCHEN Applicants ONLY: • You must include how you will address program quality, training and support, ongoing monitoring of family day care home providers, recruitment/enrollment of families, and staff qualifications. The City of Santa Ana has a highly seasoned senior and executive leadership team, including several members that specialize in compliance and regulations, overseeing more than $700 Million in funds annually. The Executive Director of Parks and Recreation has over 20 years experience administrating Community Services. Our Fiscal and Program Management team has an extensive background that includes a wealth of experience in City Management and Government Contracts. Direct Staffing will include Recreation Program Coordinator position who will be responsible for the daily attendance, time keeping and any reconciliation. We currently have Supervisors for each location that will assist and oversee the audits and fiscal issues for the Recreation Program Coordinator assigned to the contract programs. The Recreation Program Coordinator will also verify eligibility of the residents of the community who apply for the after school care and summer camps. PRCSA will use our Program Leader & Program Coordinators positions to handle the programmatic components of the contract and will update the programs based on the age and grade of the children in attendance. They will set up monthly plans for activities that will be recreation based and have arts, science, technical and leisure components. PRCSA will bring on a CCTC Permitted Senior Management Analyst to oversee all compliance of the programs for all of the centers in operation with enrollees. There will be Community Center Aides, Administrative Aides, and a Management Analyst to assist with all administrative tasks, audits, training verifications, compliance matters, etc. City Council 8 – 119 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 19 of 32 Section 4: Administration and Staffing (additional page, if needed) City Council 8 – 120 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 20 of 32 Section 5: Previous Experience (10 points) • Please describe your program’s experience with operating licensed direct service/center-based programs or with administering FCCHEN programs. • Describe your program’s experience with delivering federal and/or state contracts. PRCSA has had an ongoing after-school program, as well as a summer camp program for several years. Our programs are recreation based and designed to fit the needs of those attending. Based on the location and the ages of the children who participate, we wi ll have arts, science, sports or open play. We have offered tutoring when partnering with the City's Library staff and also have designated areas for teens to study, relax and socialize in a comfortable and safe environment. We have hosted elementary school-age kids, as well middle school and high schoolers for various programs, including our Teen Excursion Program, Wilderness Club and now our Aquatics Program. In recent years with the pandemic, we have not had much opportunity to use federal and/or state contracts. We have had a recent change to our Administration Staff and although they have not used state or federal contracts for recreation purposes, they are familiar with grant funding from a Public Works perspective and understand the details that come with applying these funds for use. Staff is familiar with audit reporting and filing for grant continuation and understands the caveats that come with approval of specialized state and federal funding. City Council 8 – 121 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 21 of 32 Section 5: Previous Experience (additional page, if needed) City Council 8 – 122 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 22 of 32 Section 6: Education Program and Assessment (10 points) • Describe how the program ensures developmentally, linguistically, and culturally appropriate program approach; is inclusive of children with special needs; encourages respect for the feelings and rights of children; supports children’s social and emotional de velopment; provides for the development of cognitive and language skills; promotes each child’s physical development by providing sufficient time, indoor and outdoor space, equipment, materials, and guidelines for active play and movement; and promotes and maintains practices that are healthy and safe. Include curriculum(s) and assessment(s) tools used or propose to use. • What, if any, assessment system do you currently use or what assessment system are you proposing to use? This response must align with all age group(s) indicated in your response to Section 3 above. Our Programs will ensure that Children’s feelings and rights are respected at all times. In regard for parents’ rights and children’s personal rights is an integral part of PRCSA services. Each of these required elements are included in the program’s Standards of Conduct, are reviewed annu ally with all program staff and during the orientation process for new personnel. Positive discipline techniques are employed when working with all children and intervention strategies are utilized with children that may be displaying atypical or disruptive behaviors. Staff Development Based on a review of operations, parent feedback, assessment outcomes, School -Age Environmental Reviews (SACRS), Performance Reviews and health/safety evaluations; PRCSA will focus our Professional Development efforts on expanding core competencies. We will select “Deeper Dives” to ensure all staff able to successfully deploy all key components of our programs and curricula. PRCSA believes that training, continued professional development and access to the latest/most innovative practices creates well-rounded and enthusiastic team members. Therefore, we heavily invest in Professional Growth and Development from our General Maintenance Staff to our highest managerial team members. Administrative Training Tracts/Opportunities and Mandates includes General Managerial training for Site Coordinators, Administrative Directors, Coordinators and a minimum of 32-hours of leadership trainings and 40 hours of internal and external recreation staff minimum training requirements. PRCSA’s Staff Development Program focuses on improving quality throughout the organization and overall increasing the number of highly skilled and experienced leaders we develop within our division to provide best-practice services to children and the community. PRCSA staff will attend a myriad of conferences each year to ensure the programs have the latest field information and our adhere to the highest standards. City Council 8 – 123 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 23 of 32 Section 6: Education Program and Assessment (additional page, if needed) Each team member is evaluated annually based on specific performance criteria and in comparison to job expectations. Performance improvement plans are developed for significantly under performing staff with improvement plans for a specified period of time. The plan is developed between the employee and supervisor who meet frequently to review progress and determine next steps. PRCSA conducts an annual Pre-Service during July. At Pre-Service, all staff participate in 8 full days of training and education. Topics include reviews of prior year outcomes, policy and procedures updates, health/safety, child abuse prevention, First Aid/CPR and HR refreshers and updates. Staff also receive new quality measures and mental health training for engagement in activities focused on children’s individualized learning experiences. The Desired Results Developmental Profile (DRDP) assessment instrument that is designed for teachers to observe, document, reflect on the learning, development and track the progress of children, birth through 12 years of age, enrolled in ECE and After-School programs will be utilized by PRCSA. Our Program Coordinator will set-up initial and ongoing trainings via Webinar’s, DRDP Online Training Portals and collaborate with our partner TRF as they have DRDP Cert ified Train-the-Trainers on staff. The DRDP will be used three times each year to gauge the developmental progress of each child and determine progress towards achieving program-wide school readiness goals. These targets are initially established based on the analysis of data from the previous program year and revisited using the baseline data of the first assessment cycle. This second layer of data analysis will allow TRF to both learn from the lessons/data of the previous year while being cognizant of th e need to individualize based on the group of children currently enrolled. Classroom level data will be utilized to inform weekly lesson planning for the entire class and for individualization. Program data will be analyzed by age, special needs and English Language Development. Staff will input ratings into the DRDP Online data system, which allows reports to be generated for each assessment. In conjunction with parent input, individual data will be used to design the instructional plan for each child. This assessment report will be reviewed with parents within 30 days of completion. This data is also used with developmental screening data to determine the need for additional service referrals, interventions or evaluations. City Council 8 – 124 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 24 of 32 Section 7: Facilities and Physical Environment (10 points) • What is your plan to ensure that infants and toddlers will be served in a licensed facility? • Describe how you intend on meeting health and safety requirements. PRCSA is a local municipality and will not be providing care to infants or toddlers at this time. We will be meeting any of the necessary requirements for health and safety for our school -age children for the after school program as well as our summer camp program by following all required trainings, documentation and certifications as needed per the State. Our facilities have been certified safe for occupation by the Building and Planning Division for the City of Santa Ana and the County of Orange. PRCSA recognizes the development of children is impacted by many factors and in addition to curriculum and assessment for children, assessment of staff and the classroom environment is also taken into consideration. The School-Age Environment Rating System-Revised (SACERS) is used to enhance the interactions and environments children are immersed in each day. SACERS is utilized twice during the program year to ensure effective program planning and instruction that supports children’s individual growth and development. This data is also used to improve program practices and as part of Continuous Quality Improvement. Indoor and outdoor environments have been designed to emphasize the use of ethno -centric, authentic and natural materials based best practice mo dels. Our Parks and Playgrounds provide nature as a part of many modalities, instilling a sense calmness in children, which helps self-esteem to thrive. Our environments will be designed to encourage motor development, promote exploration and build children’s independence. Materials will be organized in specific learning areas, culturally responsive and inclusive of children with special needs. Each classroom will have age-appropriate materials that support and respect differences of gender, culture, language, ethnicity, and family composition. Interest areas will provide opportunities for children to be more intentional about their play, which becomes more elaborate and complex as they develop. SACERS is used twice a year to ensure the program is providing spaces that are safe for children, conducive to building positive relationships and fosters learning. Taking classes outside and bringing nature indoors will prove an excellent benefit and strengthen the concepts of interdisciplinary learning. City Council 8 – 125 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 25 of 32 Section 7: Facilities and Physical Environment (additional page, if needed) City Council 8 – 126 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 26 of 32 Section 8: Family Engagement (10 points) Family engagement is an interactive process through which staff, parents, families, and their children build positive and goal-oriented relationships. It is a shared responsibility of families and professionals that requires mutual respect for the roles and strengths each has to offer. Family engagement means doing with—not doing to or for—families. • How does your program build relationships between families and staff? • Describe the types of parent education information and/or activities your agency provides. • Describe how your program connects families with services and supports. Please provide examples. PRCSA will hold "Lights on After School" for parents and participants, similar to an open house to present information on the programming we would be providing. Parents and children would have the opportunity to meet and engage with staff. There would be the opportunity to ask any questions or address any concerns. There would also be time to assist with signing up for the new after school care and summer camps. We plan on holding family events at our various centers in collaboration with various community partners to present resources, entertainment and bring the community together. We want our parents to feel comfortable leaving their children in our care and will do everything we can to build strong relationships with staff and families. PRCSA are present at local Back to School nights, Open House and other Santa Ana Unified School District events. We are in the process of building and strengthening our relationships following an almost two year absence due to the pandemic. Parent Surveys are used as an integral part of The City of Santa Ana operations. Santa Ana community residents, parents and key stakeholders participate on a number of committees, advisory groups and are encouraged to volunteer in various ways. Based on aggregate survey data, PRCSA is able to decipher the need for additional strategies to reach a larger pool of children and families. Survey data is utilized to empower parents and inspire self-sufficiency for many who are often in jeopardy of slipping into lower socio-economic levels when they cannot access comprehensive supports. City Council 8 – 127 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 27 of 32 Section 8: Family Engagement (additional page, if needed) City Council 8 – 128 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 28 of 32 Section 9: Program Quality and Integrity (10 points) • Describe systems used to meet the expected program quality standards in 5 CCR regulations (5 CCR, Sections 18270.5–18281). • Describe how you will ensure there is a continuous monitoring system to assess program integrity and improvement. Being a local municipality, we have collective bargaining units in place with contract agre ements regarding performance evaluations for our staff members. Due to these bargaining units, we have specialized job descriptions and annual evaluations for our staff. New employees have an orientation set up by our Human Resources Department and staff are given their job duties as reference when they begin. Staff are provided opportunities to join various group memberships and attend trainings and conferences as needed or requested to keep them up-to-date on any new laws, ideas, current trends or rules & regulations. We will be working with TRF to provide any mandated training needed to maintain our program compliance with the State. PRCSA will be requesting program surveys from participants as well as parents so we can address what needs are and are not being met by our programming. This contract funding will assist with additional trainings and certification needs for staff handling these centers. City Council 8 – 129 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 29 of 32 Section 9: Program Quality and Integrity (additional page, if needed) City Council 8 – 130 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 30 of 32 Section 10: Fiscal Accountability (10 points) Describe the fiscal resources available to operate your program for at least three months. Please include a proposed budget that supports your ability to operate your program for at least three months. PRCSA currently has programming at our sites with staff already budgeted. The budget information below shows enough funding to cover three months and beyond to continue with staffing & programming. Currently, the City of Santa Ana operates on an approved budget of over $700 million. PRCSA has just over 3% of this total budget allocated for staffing and program operations costs. We have $13.6 million of general funds, $300K in grant funding and $6.1 million in special funding. We currently have staff available and in place to fulfill the needs of this program. We have budgeted and funded our current summer day camp at 3 sites for June through August and have after-school care available at 4 sites that has been budgeted through December 2023. We manage Recreation Classes, Youth Sports, Special Events, The Santa Ana Zoo, Community Engagement, Senior Services, Health & Wellness, Aquatics and Teens & Older Youth. We have three summer day camp programs already budgeted, as well as various events and programming for the Community. The contract funding will enhance our ability to provide additional cost-free care or supplemented care for school-age children after school and free or low-cost summer day camp as well for those who would not be able to attend these types of programs without some sort of financial assistance. City Council 8 – 131 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 31 of 32 Section 10: Fiscal Accountability (additional page, if needed) City Council 8 – 132 9/16/2025 California Health & Human Services Agency California Department of Social Services CCD 34 (2/23) Page 32 of 32 Application Checklist A completed and signed application package is required. It is the sole responsibility of the contractor to ensure that the application package is submitted to CDSS on or before 11:59 p.m. on Friday, December 23, 2022. Section Description Page Number Check Box Section I – Contracted Program Type 1 Section II – Contractor Information 2 Section III – Legal Status of Contractor 3 Section IV – County or Counties of Service 4 Section V – Slots Requested 5 Section VI – Program Operation Plans 6 Section VII – Intent to Subcontract Services (for applicants with subcontracted services only) 7 Section VIII – Contractor Certification 8 Section IX – Fiscal Information 9 Section X – Fiscal Attachments (see “Requirements” column on page 9 for instructions on which forms to include) Program Staffing Plan 10 Payee Data Record 10 Proof of Charity Status 10 Proof of 501(c) (3) Status 10 Section XI – Program Attachments 2022–23 Program Calendar 11 2023–24 Program Calendar 11 Section XII – Program Narrative Program Narrative 11 City Council 8 – 133 9/16/2025 SANTA ANA CITY COUNCIL Valerie Amezcua Mayor vamezcua@santa-ana.org Thai Viet Phan Ward 1 tphan@santa-ana.org Benjamin Vazquez Mayor Pro Tem, Ward 2 bvazquez@santa-ana.org Jessie Lopez Ward 3 jessielopez@santa-ana.org Phil Bacerra Ward 4 pbacerra@santa-ana.org Johnathan Ryan Hernandez Ward 5 jryanhernandez@santa-ana.org David Penaloza Ward 6 dpenaloza@santa-ana.org MAYOR Valerie Amezcua MAYOR PRO TEM Benjamin Vazquez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Phan CITY OF SANTA ANA PARKS, RECREATION, AND COMMUNITY SERVICES 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org CITY MANAGER Alvaro Nuñez CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall May 2, 2025 Brennah Solley Associate Governmental Program Analyst 744 P Street Sacramento, CA 95814 Subject: Relinquishment of CCTR Contract Funds Dear Brennah, Subject: Formal Relinquishment of CCTR Contract Funding On behalf of the City of Santa Ana’s Parks, Recreation and Community Services Agency (PRCSA), this letter formally relinquishes the funding allocated under the General Child Care and Development (CCTR) contract from the California Department of Social Services (CDSS). After review, the City will not proceed with the implementation of services under the CCTR contract. Please advise if any additional documentation or steps are required to complete the relinquishment process. Thank you for your attention to this matter. Sincerely, Hawk Scott Executive Director Parks, Recreation and Community Services Agency CC: Leslie Mitchell, Child Development Consultant, CDSS Kathryn Downs, Deputy City Manager, City of Santa Ana EXHIBIT 4 City Council 8 – 134 9/16/2025 Parks, Recreation, and Community Services Agency www.santa-ana.org/parks Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 Topic: Naming of Park at Southwest Corner of Intersection of Bristol and Tolliver Streets AGENDA TITLE Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) RECOMMENDED ACTION Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 2025-01 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.” GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Parks, Recreation, and Community Services Agency (PRCSA) staff solicited suggestions from the community by crowdsourcing park naming ideas via City social media. The new 1.25-acre park, located at the southwest corner of Bristol Street and Tolliver Street, will feature drought-tolerant landscaping, pedestrian pathways, recreation spaces, and a basketball court. It will be the first City park to have a stormwater reuse treatment system for irrigation. The following criteria for naming City infrastructure or facilities, as listed in the Santa Ana Municipal Code (SAMC Section 33-6(c)), was used as the benchmark for submittals. (1) A name which serves to identify the location of the subject by reference to distinct geographic, environmental or development features in the immediate area. (2) A name which references the history of the subject site or its immediate area. (3) A name which identifies a person or family which made an extraordinary donation of land or funds to promote the construction or improvement of the subject public facility. (4) A name which recognizes a person or family who made a distinct, significant contribution to the well-being of the city, including past mayors, council members, board or commission members, officers or employees of the city, but not anyone who currently holds any such position. Staff reviewed over 500 votes and suggestions for the park. The park names listed below were recommended based on alignment with the SAMC criteria noted above. City Council 9 – 1 9/16/2025 Naming of Park at Intersection of Bristol and Tolliver Streets September 16, 2025 Page 2 5 3 2 6 •Nuestro Park •Central City Park (identifies the geographic location) On July 24, 2025, the recommendations were presented to the Parks, Recreation, and Community Services Commission. “Nuestro Park” was approved by a vote of 8-0 as a recommendation for Planning Commission determination. On August 25, 2025, the Planning Commission approved “Nuestro Park” by a vote of 7- 0 with additional discussion by the Planning Commission to alternatively consider naming the future park site Nuestro Parque. Per Section 33-8(a) of the SAMC: “Following the decision of the planning commission under section 33-6, the director of planning and development services shall prepare a report for the commission’s action, summarizing the public input, if any, and the reasons for the commission’s decision. Such report shall be submitted to the city council at its first regular meeting occurring at least ten (10) days after the commission’s action. The city council may affirm the commission’s decision, remand the matter back to the planning commission for further consideration, or make its own decision on the matter.” ENVIRONMENTAL IMPACT Under the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exempt from further review per Section 15061 (b)(3). This general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment. As the project consists of naming of a public facility, the general rule exemption is applicable. A Notice of Exemption, Environmental Review No. 2025-79, will be filed for this project. FISCAL IMPACT These is no fiscal impact associated with this action. EXHIBIT 1. Resolution adopting PFN No. 2025-01 Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency Approved By: Alvaro Nuñez, City Manager City Council 9 – 2 9/16/2025 Resolution No. 2025-25 Page 1 of 3 RESOLUTION NO. 2025-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING PUBLIC FACILITIES NAMING NO. 2025-01 NAMING THE PARK LOCATED AT 712 SOUTH BRISTOL STREET AS NUESTRO PARK BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana is requesting approval of City-initiated Public Facilities Naming (PFN) No. 2025-01 to name the park located at 712 S. Bristol Street as “Nuestro Park”; B. Pursuant to sections 33-5 through 33-8 of the Santa Ana Municipal Code (SAMC), all requests for naming or renaming of public streets, public buildings, parks or recreational facilities owned or controlled by the City, shall be referred to the Planning Commission for determination, subject to confirmation by the City Council. Further, the policy guidelines in the SAMC pertaining to the naming of such facilities specify the criteria that shall be used in such determination; C. On July 24, 2025, the Parks, Recreation and Community Services Commission held a meeting regarding PFN No. 2025-01 and, after receiving information on the item, voted 8-0 to recommend that the Planning Commission adopt a resolution approving “Nuestro Park” as the name of the park located at 712 S. Bristol Street; D. On August 25, 2025, the Planning Commission held a meeting and discussed PFN No. 2025-01; E. Based on the established guidelines, the Planning Commission determined that the name of “Nuestro Park” satisfies the criteria of SAMC Section 33-6(c)(1) of the SAMC, which directs the promotion of names which references the history of the subject site or its immediate area. Section 2. The Planning Commission 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 the naming of a public facility (a park) 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 City Council 9 – 3 9/16/2025 Resolution No. 2025-25 Page 2 of 3 environment and 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 3. The Planning Commission of the City of Santa Ana hereby approves Public Facility Naming No. 2025-01 to name the park located at 712 S. Bristol Street as “Nuestro Park.” This decision is based upon the evidence submitted at the above- referenced meeting, which includes, but is not limited to: the Request for Planning Commission Action dated August 25, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25th day of August 2025, by the following vote: AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Bao Pham, Jennifer Oliva, Isuri S. Ramos, Alan Woo (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Isuri S. Ramos Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Sr. Assistant City Attorney City Council 9 – 4 9/16/2025 Resolution No. 2025-25 Page 3 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, GEMA ZAPIEN, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 25, 2025. Date: _____08/25/2025_______ ____________________________________ Gema Zapien Acting Recording Secretary City of Santa Ana City Council 9 – 5 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Receive and File the Washington Square Park Feasibility Study AGENDA TITLE Washington Square Park Feasibility Study RECOMMENDED ACTION Receive and file the Washington Square Park Feasibility Study. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Washington Square Park Feasibility Study evaluates the potential development of a neighborhood park on vacant parcels located at the northeast corner of the Washington Square Neighborhood. Background In 2022, Mr. John Fairbrother, on behalf of the Alexander Dantes LLC, approached City staff regarding the potential sale of vacant property located in the Washington Square Neighborhood Association (WSNA) boundaries for use as a public park. Mr. Fairbrother also contacted neighborhood association leaders, which prompted the WSNA to form a Park Ad-Hoc Committee. The WSNA Park Ad-Hoc Committee conducted a petition for acquisition, securing 686 signatures, and submitted it to the City in July 2023. On June 4, 2024, City Council adopted a budget that included funding for staff to conduct a feasibility study to evaluate the process for and costs related to the potential acquisition of the subject properties and development of a park. Existing Conditions The property owned by Alexander Dantes LLC consists of four parcels; three undeveloped vacant sites and one with a single-family home. All four parcels are designated as residential under the General Plan and are zoned R-1 allowing for the construction of single family homes. There is also an additional vacant residential parcel adjacent to the four owned by Alexander Dantes LLC that was included in the feasibility study. Parcel APN Status Owner Size Zoning 405-321-13 Vacant Alexander Dantes LLC 0.41 acres R-1 City Council 10 – 1 9/16/2025 Receive and File Washington Square Park Feasibility Study September 16, 2025 Page 2 5 3 2 0 Parcel APN Status Owner Size Zoning 405-321-12 Single Family Residence Alexander Dantes LLC 0.31 acres R-1 405-321-08 Vacant Alexander Dantes LLC 0.38 acres R-1 405-321-09 Vacant Alexander Dantes LLC 0.22 acres R-1 405-321-14 Vacant Jessup Ann Hayden Trust 0.42 acres R-1 The surrounding land uses to the south, east, and west are single-family homes. The properties to the north, which front 17th Street, include a church and a professional office park. Feasibility Study The study, based on a February 2024 appraisal and analysis of City planning documents, examines three development options with estimated costs ranging from $5.9 million to $10.4 million (inclusive of property acquisition). The options vary in size from 1 acre to 1.74 acres and differ in proposed amenities. The estimated costs include the following key assumptions: •Willing seller(s), meaning no eminent domain process is needed. •Ease of construction on vacant parcels. •There are no access concerns and no traffic impacts to address when constructing a neighborhood park serving residents within a 5–10 minute walk. •Storm water management to comply with the National Pollutant Discharge Elimination System (NPDES) has been included in the development costs. •The project is categorically exempt from a CEQA environmental review. •The project has minimal permitting requirements. •There are suitable soil conditions, with no need for remediation. Below is a summary of the three options evaluated based on the City’s appraisal, not the offered selling price. Options Description Property Acquisition Costs Passive Park Development Costs Total Estimated Costs Option #1 3 Vacant Alexander Dantes LLC Parcels (1.01 acres) $3,600,000 $2,300,000 $5,900,000 Option #2 All 4 Alexander Dantes LLC Parcels (1.32 acres) $4,900,000 $3,000,000 $7,900,000 Option #3 All 5 Parcels (1.74 acres) $6,4000,000 $4,000,000 $10,400,000 City Council 10 – 2 9/16/2025 Receive and File Washington Square Park Feasibility Study September 16, 2025 Page 3 5 3 2 0 Option 1 consists of the purchase of three vacant parcels, with the fourth parcel containing an occupied single-family residence remaining under the ownership of Alexander Dantes LLC. The owner did not offer a sale price for the three parcels; however, they were appraised at a value of $3.6 million. This option would avoid added costs that may be associated with relocation of the existing residents and associated demolition costs. The park size would be 1.01 acres. Option 2 would include acquisition of the fourth parcel, requiring demolition of the home and tenant relocation. The four parcels are appraised at a value of $4.9 million and the owner has offered the four parcels at a sale price of $6.8 million. This option adds significant costs related to option 1 but increases the size of park space by an additional 0.31 acres. Option 3 would add the fifth adjacent parcel owned by the Jessup Ann Hayden Trust. The owners of this parcel have not indicated if they would be a willing seller, which means the City may have to use eminent domain to acquire the parcel. This option results in the largest park option at 1.74 acres. The analysis finds the proposed use would be consistent with the City’s General Plan, Open Space Element, and Parks Master Plan, particularly in addressing park equity, access, and environmental justice in an underserved area identified as Park Gap Area 15. While the Parks Master Plan would not require amendment, the General Plan and zoning would require updates. All proposed options would require a similar path toward acquisition and development, with the exception of Option 3’s potential for eminent domain. The steps for development into a City Park would consist of the following: •Phase 1 Environmental Site Assessment •City Council approval of a purchase and sale agreement for the parcels •Preparation of CEQA documents for proposed park project •Planning Commission and City Council action to amend General Plan land use designation from residential to open space including adherence to Sunshine Ordinance requirements •Design and preparation of park construction documents •City Council award of construction contract Once the property is acquired and project funding is secured, it would take approximately 12-18 months to prepare environmental documents and design plans for award of construction contract. Construction of the park would likely take an additional 8-12 months. City Council 10 – 3 9/16/2025 Receive and File Washington Square Park Feasibility Study September 16, 2025 Page 4 5 3 2 0 Recommendations and Funding The study concludes that all three options are technically viable. A new park would address community requests and would help close a documented park service gap. Challenges exist for all three options. While the parcels owned by Alexander Dantes LLC have been presented as available from a willing seller, the City’s appraised value is below the previously indicated owner’s asking price. As previously indicated, while Option 3 presents the largest park option, the ease of acquisition of the parcel owned by the Jessup Ann Hayden Trust is uncertain. Funds for ongoing maintenance and security of any proposed park would need to be identified and added to the recurring budget. These costs can vary widely depending on the size of park and type of amenities ultimately included. Additionally, the City is currently in the process of delivering major park renovation projects and two new parks, one of which is located in the adjacent Willard Neighborhood with a walking distance ranging from 200 feet to 0.6 miles from the Washington Square neighborhood. Once completed, these parks will require recurring budget allocations for ongoing maintenance and security. If not adequately funded, maintenance of a new park within Washington Square Neighborhood would add to the strain on existing park maintenance resources. While funds were allocated for the evaluation and feasibility of a potential park in the Washington Square Neighborhood, no funding has been identified for acquisition and development. As such, Staff recommends the City Council receive and file the Washington Square Park Feasibility Study. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with the receive-and-file recommendation. EXHIBIT(S) 1. Washington Square Park Feasibility Study Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 10 – 4 9/16/2025 City of Santa Ana Washington Square Park Feasibility Study FINAL July 2025 Public Works Agency Parks, Fleet, Facilities and Refuse Division City Council 10 – 5 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 City of Santa Ana Washington Square Park Feasibility Study Final Prepared by: City of Santa Ana Parks, Fleet, Facilities, and Refuse Division 20 Civic Center Plaza (M-11) Santa Ana, CA 92701 (714) 647-5624 July 31, 2025 City Council 10 – 6 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Table of Contents 1. 2. 3. 4. 5. Executive Summary.................................................................................................................4 Background..............................................................................................................................5 Property Appraisal...................................................................................................................6 Entitlements Process.............................................................................................................10 Evaluation..............................................................................................................................11 Parks Master Plan.....................................................................................................................11 Other Considerations ................................................................................................................12 5.1 5.2 6.Recommended Options..........................................................................................................14 Appendix A: Location Map Aerial......................................................................................................16 Appendix B: Potential Park Properties.............................................................................................18 Appendix C: Access Analysis ............................................................................................................21 Appendix D: Parks Master Plan Scorecard........................................................................................23 Appendix E: Concept Designs...........................................................................................................25 Appendix F: Restricted Appraisal Report.........................................................................................29 Appendix G: Entitlements Road Map....................................................................................................48 Appendix H: Park Petition...................................................................................................................50 City Council 10 – 7 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 1. Executive Summary In response to a 2022 offer from a property owner representative to sell four parcels in the Washington Square Neighborhood for potential park development, the City of Santa Ana (City) conducted a feasibility study to evaluate the site’s suitability. The proposed location includes four parcels which sit within an underserved area identified as Park Gap Area 15 in the City’s Parks Master Plan (PMP), and within a designated Environmental Justice Community. Neighborhood residents have shown strong support for a public park, with 99% in favor during community outreach, and the Washington Square Neighborhood Association (WSNA) has actively advocated for the project with City officials. This study, led by Public Works Park Services with input from multiple City departments, found that the project strongly aligns with the City's General Plan, Open Space Element, and PMP goals, including increasing park equity, access, and environmental justice. Three development options were considered, with estimated costs to acquire and develop ranging from approximately $6 million to $10.4 million depending on park size and features. Option 1 – $5,866,900 Option 2 - $7,895,300 Option 3 - $10,371,500 No estimate of costs associated with eminent domain or relocation is included, traffic impacts are minimal, and the site may support stormwater infiltration strategies. The proposed neighborhood park is viable, fills a documented service gap, and presents a strategic opportunity for land acquisition, community health improvement, and potential grant opportunities. However, no funds are currently allocated for acquisition or development of a park at this location. Page 4 City Council 10 – 8 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 2. Background In 2022, Mr. John Fairbrother, on behalf of the Alexander Dantes LLC ownership (“Dantes”), reached out to the City, Parks, Recreation and Community Services Agency (PRCSA), concerning sale of vacant property located within the Washington Square Neighborhood Association (WSNA) boundaries, for a public park for the Washington Square community. The properties, AP-405-321-08, -09, -12, and -13, located along the northern edge of the neighborhood, are four parcels; three undeveloped sites, and one with a single-family home (see Appendix A and B). The properties are currently zoned R-1. His asking price was $6.8M. The appraised value is $4.9M. An internal cost analysis was also conducted and findings are discussed in the “Property Appraisal” section below. Mr. Fairbrothers also reached out to the neighborhood association leaders to relay his contact with the City. In 2023, WSNA requested Public Works Agency (PWA) Park Services attend a neighborhood association meeting to provide an update on another park project: a new park at 10th and Flower Streets, in the Willard neighborhood located to the east. During that meeting, questions were raised by the residents about the vacant parcels within Washington Square, and the neighborhood expressed strong interest for the City to acquire the lots for the purpose of developing their own neighborhood park; 49 of the 50 attendees were in favor of converting the lots for this purpose. City staff informed the group of the funding limitations that exist. The WSNA mobilized a Park Ad-Hoc committee and proceeded to acquire signatures in support of a new public park (see Appendix H). They went on to contact City Council members, and attended numerous PRCSA Commission and City Council meetings to advocate for the study of the park. Elected officials looked to City Executive Management staff who recommended a Feasibility Study before acquisition could be considered. WSNA attended the Measure X Oversight Committee meeting to lobby for funding. In 2024, when the City adopted the FY24/25 Annual Budget, it included a $100,000 allocation for this study. Although initial direction was given to the staff to retain a consultant for this endeavor, it was determined that the feasibility study could be conducted internally, and such is the purpose of this report. The study included input and involvement of four internal agencies – PWA, CDA, PBA, PRCSA, with PWA Park Services leading the effort. In particular, the study included examining the City’s General Plan/Open Space Element, the Parks Master Plan, the Safe Routes to School (SRTS) Program and the Stormwater Master Plan. The following analysis and findings support the final determination that this request aligns with City Planning efforts and approved planning documents, and is a viable consideration. Page 5 City Council 10 – 9 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 3. Property Appraisal The appraisal report prepared for the City (see Appendix F) provides a detailed valuation of a ±1.32-acre site comprised of four parcels (APNs 405-321-08, -09, -12, and -13) under consideration for potential acquisition is part of a proposed community park. The report concludes a total market value of $3,710,000 as of February 8, 2024. This value is based on a highest and best use analysis, which determined that the three vacant parcels are best suited for future single-family residential development, while the fourth parcel— improved with a single-family home—is most valuable as currently developed. The appraiser utilized the Sales Comparison Approach, deemed the most relevant method for this property type, and excluded the Cost and Income Approaches due to their limited applicability in this context. The report also noted a reasonable market exposure time of 6 to 12 months. These findings offer an objective and well-supported estimate of current market value and are a key input in the feasibility study, providing the City with a clear understanding of acquisition costs and land-use implications as it evaluates the viability of converting the site into a public park. Dantes Properties The Dantes properties are unique in the City, and comparable properties are not currently available for lease or sale. The Dantes properties consist of 1.32 acres, with a 4-bedroom, 4-bathroom house, with an adjacent 1.01 acres (of the 1.32 acres) that are vacant, unimproved, residential single-family land. The property is currently listed on Redfin (and other listing services) for $6,950,000 by Clarke Fairbrother of Newport Pacific Capital Company (clarkef@newportpacific.com). The difference between the listing price and the appraised value is significant ($3,240,000) because in order to develop the properties for residential single-family, there would need to be public right of way dedications (sidewalk, parkway and cul de sac of 90 feet in diameter) to provide proper circulation at the end of Lowell and Olive Streets. This right of way dedication could take away approximately 6,400 square feet at the end Lowell and Olive Streets to provide the sidewalk, parkways and cul de sacs for automobiles, large waste hauling trucks, and emergency fire vehicles that would be consistent with the rest of the neighborhood. Hayden Trust Property The City has also included an analysis of the adjacent Jessup Ann Hayden Trust property (Hayden Trust) - Assessor Parcel Number 405-321-14. Similar to the Dantes properties, the Hayden Trust property is also unique consisting of 0.42 acres of vacant, unimproved, residential single-family land. This property has not been listed for sale and contact between the City and the property owner has not occurred. Similar to the Dantes properties, the Hayden Trust property would require public right of way dedications (sidewalk, parkway and cul de sac of 90 feet in diameter) for residential development to provide proper circulation at the end of Lowell Street for automobiles, large waste hauling trucks, and emergency fire vehicles. Updated Property Valuation In order to provide an update of potential appraisal value based on the Feb. 2024 appraisal, a review of recent comparable sales from January 1, 2025 through May 31, 2025 was conducted for both residential single-family homes in the Washington Square neighborhood and vacant, unimproved residential single-family land in the City. Utilizing the Sales Comparison approach an estimated value for 1501 N. Lowell is $1,328,400. This is based Page 6 City Council 10 – 10 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 on the most comparable sales price of $1,230,000 at 925 N. Lowell that occurred on May 19, 2025. Additionally, an increase of 8% was added to the most comparable sales price due to the 1501 N. Lowell having a larger lot, an additional bedroom, 2 additional bathrooms, a larger lot size (13,608 square feet) and a larger building size (2,304 square feet). The increase of 8% was determined by analyzing sales prices of 4 bedrooms, 4 bathrooms residential single-family home sales compared to sales prices of 3 bedrooms, 2 bathrooms residential single-family home sales in the City. The following provides the detail for the comparable sales for residential single-family homes: Residential Single Family (RSF) Homes Property Dantes - Subject Most Comparable Sale 2 Comparable Sale 3 Comparable Sale 4 Comparable Sale 5Comparable Address 1501 N Lowell 925 N Lowell 1020 N Lowell 1028 N Olive 1602 N 1905 W 15th Rosewood 405-302-08Assessor Parcel No. 405-321-12 405-183-01 R-1 405-282-16 R-1 405-283-21 R-1 004-044-14 R-1ZoningR-1 R-1 Land Use RSF Improved RSF Improved RSF Improved RSF Improved RSF Improved RSF Improved Building Square Feet 2,304 1,698 6,368 0.15 1,469 8,125 0.19 1,372 5,600 0.13 1,551 6,850 0.16 1,297 8,320 0.19 Lot Square Feet Lot Acres 13,608 0.31 4Bedrooms 3 3 3 3 3 Bathrooms 4 2 2 2 1 2 Last Sales Date Last Sales Price 5/19/2025 $1,230,000 4/4/2025 $1,117,000 5/5/2025 $1,050,000 5/30/2025 $1,025,000 5/1/2025 $1,000,000 Estimated Value *$1,328,400 *- 8% increase applied to the most comparable sale price of $1,230,000. The estimated value for vacant, unimproved, residential single-family land was determined to be $81.60 per square foot. This per square foot value would yield an acquisition price of $3,566,980 for the three (3) vacant, unimproved, residential single-family properties owned by Dantes. An acquisition price of $1,476,177 for the vacant, unimproved, residential single-family property owned by the Hayden Trust was estimated. This $81.60 per square foot value was based on a comparable sales analysis. The most comparable sale at 527 N. Fairlawn had a per square foot value of $74.18. For the analysis of recent, comparable, unimproved, vacant residential land sales, there were two (2) comparable sales to analyze in the City. Unimproved, vacant, residential land sales were also examined in 2025 and four (4) different sales were found with comparable per square foot values ranging from approximately $70 to $90 per square foot. After examining these sales, the sales price of $74.18 per square foot for 527 N. Fairlawn was determined to be the most comparable sale. An increase of 10% has been applied to the per square foot value of $74.18 because the Dantes and the Hayden Trust properties in Page 7 City Council 10 – 11 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 comparison to the two (2) comparable sales in the City are larger. Additionally, the Dantes and Hayden Trust properties are located in a neighborhood that is considered to be more desirable with superior property values compared to the neighborhoods for the two (2) comparable land sales in the City. The estimated value for the Dantes and Hayden Trust properties would be $81.60 per square foot, and that would then be applied to the lot size for each of these four (4) Dantes and Hayden Trust properties, as follows: Vacant Residential Single Family Land Address Dantes - Subject Dantes - Property 1 Subject None Assigned 1501 N Lowell None Assigned None Assigned 527 N Fairlawn 5325 W Silver Dantes - Subject Hayden Trust Subject Most Comparable Comparable Sale Property 2 Assessor Parcel No. 405-321-08 405-321-09 R-1 405-321-13 R-1 405-321-14 R-1 007-051-43 R-1 099-212-57 R-1ZoningR-1 Land Use Vacant Vacant Vacant Vacant Vacant Vacant Unimproved 16,337 Unimproved 9,600 Unimproved 17,775 Unimproved 18,090 Unimproved 6,093 Unimproved 16,803Lot Square Feet Lot Acres 0.375 0.22 0.41 0.42 0.14 0.39 Last Sales Date Last Sales Price 2/27/2025 $452,000 $74.18 5/14/2025 $1,000,000 $59.51Last Sales Price Per Square Foot *$1,333,129 $783,378 $1,450,473 $1,476,177Estimated Value * - Value of $81.60 per square foot is a 10% increase applied to the most comparable sale price per square foot of $74.18. Additional Expenses - Relocation The City is unaware if there are currently any residential tenants at 1501 N. Lowell or if there will be in the future. In the Redfin listing there is no mention of residential tenants in the single-family house included in the listing. If a tenant were to be occupying 1501 N. Lowell at the time that acquisition is considered the following provides a summary of potential relocation benefits:    Information about available replacement housing units. Help in identifying and obtaining suitable, comparable housing. Explanation of relocation rights and benefits. Rental Assistance for Replacement Housing - If the rent at a comparable replacement unit is higher than what the tenant pays at 1501 N. Lowell, the tenant is eligible for a rent differential payment, calculated over a 42-month period. For example: If the new rent is $200/month more than the old rent, the tenant may receive up to $8,400 (200 × 42), subject to certain limits. Additional rental assistance may cover security deposits, utility hookup fees, or credit checks required at the Page 8 City Council 10 – 12 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 new rental. Moving Expenses – If there were a tenant, after a “move” estimate is obtained the tenant can be reimbursed for the cost of moving, including:    Transportation of personal property. Packing/unpacking and insurance from damage/loss during the move of personal items. Temporary storage of personal items (if needed). Page 9 City Council 10 – 13 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 4. Entitlement Process The entitlement process for the proposed Washington Square Park is a multi-phase effort designed to ensure thorough planning, regulatory compliance, and community involvement, with a sequence that spans from early coordination through final construction. The process begins with internal coordination, architectural design, and preliminary CEQA discussions, followed by community outreach efforts such as workshops and public meetings to gather feedback and build support. Once conceptual plans are developed, they are reviewed by city departments and presented at required community meetings to satisfy public notification and transparency requirements. Environmental review under CEQA includes preparation of an Initial Study/Mitigated Negative Declaration (IS/MND), a formal Notice of Preparation (NOP), and a 30-day public review period to collect and respond to comments. Entitlement actions proceed through public hearings before the Parks, Recreation and Community Services (PRCS) Commission, Planning Commission, and City Council, addressing items such as zoning, general plan amendments, park naming, and environmental adoption. These steps follow required noticing periods and public comment timelines, contributing to a process that typically unfolds over several months. After entitlements are approved, the project moves into plan check, permitting, and construction, culminating in final inspections and project closeout. This structured timeline ensures the park is developed in compliance with legal requirements while incorporating public input and interdepartmental coordination at each stage. Page 10 City Council 10 – 14 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 5. Evaluation Evaluation and assessment of this potential project include referencing the Parks Master Plan (PMP), General Plan Open Space Element (GP – OS), and other considerations, as described below. 5.1 Parks Master Plan Staff referred to the Parks Master Plan to determine if there was alignment. It was determined there was, in the following areas: Gap Area 15: The PMP conducted an access analysis, which used the city’s General Plan, City and Census data to map residential areas currently served and unserved by existing parks. Map B-3 (see Appendix C) shows areas served within a 10-minute walk to Citywide and Community Parks, and within a 5-minute walk to other park types. These areas are shown shaded green on the exhibit. Areas that are not served are shown within a black lasso and shaded yellow and considered a “Gap Area”. The Washington Square neighborhood falls within Park Gap Area #15, as do the subject properties.   Environmental Justice Area: The Washington Square neighborhood and subject properties both fall within an identified Environmental Justice Community. These communities fall in areas of the City where residents have the highest risk of exposure to pollution in the air, water and soil. Project Evaluation and Prioritization Scorecard: To assist the City in focusing on priority projects, the PMP includes a Two-Step evaluation process for evaluating and prioritizing recommended capital projects. Since the PMP couldn’t anticipate all projects needs as circumstances could change over the ten years following its adoption, this evaluation framework was intended to help vet new projects as they arose. The potential for a new park within the Washington Square neighborhood scored 17/32 on this scorecard (see Exhibit D) PMP Actions & Goals: Consideration of acquisition of the subject properties aligns strongly with Action Item #6 “Pursue Key Land Acquisition Opportunities”. This action calls for the city to “aggressively pursue opportunities to acquire available lands that meet multiple PMP criteria for enhancing the park and recreation system”. Along with this, the project aligns strongly with four Initiatives: Initiative 1: “Parkland” (Acquire & develop parks to increase the amount of parkland and create an integrated park and open space system), Initiative 2: “Equity, Access and Environmental Justice” (Ensure that all residents in Santa Ana have equitable access to inclusive parks and healthy recreation opportunities that serve all, in underserved areas of the city), Initiative 5: “Activity” (Facilitate recreation activities to support community health and fitness), and Initiative 7: Collaboration (Engage residents in enhancing parks and recreation opportunities). Classification: A potential park within the Washington Square would fall into the “neighborhood park” classification, as defined by the Parks Master Plan, which is defined as a small park, typically 1-5 acres, intended to serve nearby neighbors. These sites provide small-scale opportunities for play, picnicking and leisure activities for residents that live within 5-10 minute walk, or biking distance. General Plan - Open Space Element This proposed project aligns with Goals, Policies, and Implementation Actions of the General Plan, Open Space Element, as follows: Goal OS-1: Parks, Open Space and Recreation: provide an integrated system of accessible parks, recreation facilities, trails and open space to serve the City of Santa Ana.  Policy OS-1.2: Parks and Recreation System  Policy OS-1.4: Park Distribution Page 11 City Council 10 – 15 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025  Policy OS-1.5: Park and Open Space Types  Policy OS-1.6: Park Access and Connectivity  Policy OS-1.8: Land Acquisition and Equitable Distribution  Policy OS-1.10: Creative Solutions for Deficiencies Goal OS-2: Health, Safe and Inclusive Opportunities: Provide welcoming, inclusive, safe and healthy parks, recreation facilities, and activities to serve Santa Ana residents regardless of age, ability or income.  Policy OS-2.1: Recreation Variety  Policy OS-2.2: Healthy Parks and Public Spaces  Policy OS-2.3: Active Lifestyles  Policy OS-2.5: Air quality & Heat  Policy OS-2.6: Connection To Nature  Policy OS-2.11: Community Involvement  Policy OS-2.13: Neighborhood Needs  Policy OS-2.14: ADA Accessibility  Policy OS-2.15: Inclusive Affordable Recreation Implementation Action 1.15: Community Input: Identify and utilize community engagement tools, initiated through the PMP, for residents and facility users to provide ongoing input about open space needs, park design, facility improvements and programming. Implementation Action 1.16: Acquisitions to meet park standard: Using the PMP as guidance, identify and acquire property within the City for park and open space use which will focus on bringing the park and recreation system to three acres of land per 1,000 residents with a plan to keep pace with future urban growth. Implementation Action 2.8: Public Input: Collect community input regarding park design and programming at the beginning of the planning process whenever a new facility is proposed. 5.2 Other Considerations Willing Seller: Alexander Dantes is a willing seller and Mr. Fairbrothers, on his behalf, made an initial verbal offer to sell of $6.8m. An appraisal, conducted by Hennessey & Hennessey, LLC in February 2024, provided an Opinion of Value of $3.7m. (See Appendix F). The Community Development Agency is currently reviewing and assessing this information. No relocation would be required. In prior years, a proposed project for R-2 Residential Development at this location was met with objections from the Washington Square Neighborhood community. Subsequently it did not move forward. The neighborhood has strongly indicated that they want a public park; not to dissuade development (which they oppose) but because they want a place for their children to play, to take their dogs, and to use for community gatherings and events. Neighborhood input collected during neighborhood meetings, and received in writing from residents, were considered and incorporated when developing preliminary concept studies. The subject project, located in the north-east end of Washington Square, would serve everyone within the neighborhood and is assessable by foot within a 5-10 minute walk. The existing site is currently undeveloped and vacant. There is no indication that any site remediation would be necessary. As development would most likely be a Pocket or Neighborhood Park, parking would not be a Page 12 City Council 10 – 16 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 consideration and access would be via walking or biking. Traffic Engineering: This project was reviewed with Public Works Traffic Engineering team, to examine the nexus with the citywide “Safe Routes to Schools” (SRTS) and “Safe Routes to Parks” (SRTP) network. Two elementary schools, Hero’s Elementary and Wilson Elementary, serve the Washington Square (and adjacent) neighborhood. Planned SRTS routes are recommended along Washington Avenue and Baker Street. Washington is a main route through the mid-section of Washington Square, with pedestrian and bike-able collector streets running perpendicular to it, in a north-south direction. Also, from a traffic engineering perspective, no traffic impacts are anticipated as the potential park will not include parking due to the recommendation for a neighborhood park classification. Along with that, WSNA currently employs a parking permit program. National Pollution Discharge Elimination System (NPDES): Park Planning also consulted with the Public Works “National Pollution Discharge Elimination System” (NPDES) Division, who oversee stormwater management operations citywide. Based on stormwater infiltration guiding documents, infiltration at 17th & Flower appears to be feasible. A site-specific geotech report and percolation testing will need to be conducted to confirm. Whether a major storm water capture facility is appropriate for consideration at this site or at minimum, infiltration via swales and raingardens, will be examined further should the project advance to the design development phase. Grant Funding Park acquisition and development projects provide for a strong application and is a judicious mechanism to leverage local (city) funds to help advance the Park Master Plan and its number one Initiative to acquire and develop parkland to create an integrated park and open space system that meets the needs of our community. The State of California Comprehensive Outdoor Recreation Plan (SCORP) priorities for local agency competitive grant programs are: 1. New Park Access a. Create or expand parks in communities that lack sufficient park space. Create new parks within a half mile of underserved communities, or expand existing parks to increase the ratio of park acreage per resident in underserved areas. This may include innovative solutions such as acquiring private land from willing sellers such as vacant lots and blighted buildings, converting streets to create or expand parks, or converting closed schools. b. Acquire private land from willing sellers in natural areas to expand regional parks, or create new open space areas for outdoor recreation while preserving nature. 2. Multi-Use Parks Designed for All Age Groups in New or Existing Parks a. Construct recreation features designed to bring families together by supporting art and music, sports, and multi-generational activities. b. Construct recreation features for all age groups to support different active and passive recreation interests of all ages. c. Incorporate project design ideas from all age groups. 3. Health Design Goals for New or Existing Parks a. Include recreation features resulting from asking community members for their park design ideas for public health. 4. Safety and Beautification for New or Existing Parks a. Construct lighting for night-time use, or restrooms, landscaping, signs, or other enhancements to make the park appear welcoming and support longer hours of use. 5. Preservation a. Through the LWCF, place outdoor open space land under new LWCF protection for public recreation. Page 13 City Council 10 – 17 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 6. Recommended Options There are three options as part of this study. Visuals for three potential layouts are included in this report (Appendix E). These concepts consider a number of scenarios where existing properties, individually or as a whole, could be acquired, sold, and done in partnership with a private developer to bring a vision to fruition.  Option 1 reflects purchase of three of four (vacant, undeveloped) Dantes parcels (Assessor Parcel Numbers 405-321-08, 09, 13), developing them into park/open space. This option doesn’t include the purchase of the existing single-family home, maintaining the use for that purpose. o This option would allow for a 1-acre neighborhood park that could include a children’s playground, neighborhood event gathering areas, passive areas and a dog run. These elements resulted from input collected through community outreach. o The west end of the site would remain passive open space (undeveloped) to allow for a future offset cul-de-sac, should the adjacent property owner wish to sell and develop the parcel into housing. The offset cul-de-sac would allow for needed access. o The cost estimate for this Option 1 is $5.9m ($2.72m acquisition [Feb. 2024 appraised value of Dantes vacant, undeveloped land] + $847,000 [increased value of Dantes vacant, undeveloped land based on recent land sales] + $2.3m development).  Option 2 reflects purchase of the four available parcels, including the single-family home, all Dantes parcels (Assessor Parcel Numbers 405-321-08, 09, 12 and 13, and converting all to park/open space. o This layout builds upon Option 1, expanding park acreage to 1.32-acre, with children’s playground, neighborhood event gathering area, and passive seating areas, with room to expand west should that owner (Jessup Ann Hayden Trust, the “Hayden Trust,” Assessor Parcel Number 405-321-14) become a willing seller. o This option includes demolition of the single-family home. o The west end of the site would remain passive open space (undeveloped) to allow for a future offset cul-de-sac, should the adjacent property owner (Hayden Trust) wish to sell and develop the parcel into housing. The offset cul-de-sac would allow for needed access. o The cost estimate for this Option 1 is $7.9m ($3.7m acquisition [Feb. 2024 appraised value] + $338,400 [increased value of recent comparable single-family home sales] + $847,000 [increased value based on recent, vacant, undeveloped residential land sales] + $3m demolition and development).  Option 3 is a long-term plan, which would include purchase of a fifth parcel owned by the Hayden Trust, should the owner be willing to sell, and developing Option 2 as well as the vacant site owned by Hayden Trust into parkland. o This option would continue to building upon Options 1 and 2, adding an additional .42-acre for a total park area of 1.74-acres. It would enable additional neighborhood gathering area, a fitness area, a more welcoming park entry and/or other elements as recommended through collecting additional community input. o The option would negate the need for a cul-de-sac on Lowell St. o An updated appraisal has not yet been initiated. As stated above, the current property owner is not a willing seller. The city’s position is NOT to exercise eminent domain to acquire this land. o The cost estimate for this option would be $10.4m ($7,895,000 the cost of acquisition and development for Option 2 + $1,476,177 [estimated value to acquire the Hayden Trust vacant site, based on recent, undeveloped residential land sales + the additional development cost of approximately $1m). With regards to long term maintenance and security, because of the strong interest and commitment displayed by the neighborhood, it would be worth discussions with the community to form a neighborhood “adoption” and/or watch to help care for and monitor the site. Page 14 City Council 10 – 18 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Although another park project is in the works nearby for an adjacent neighborhood, this park fills Gap Area 15 identified in the PMP, and would bring an opportunity for a neighborhood park within a 5-10 walk from the far outreaches of the neighborhood boundaries. In addition, this potential park would add acreage to the city’s park system, add new recreation opportunities for the community, would be a very competitive grant application for acquisition and/or development funding and as such, is a great opportunity to leverage local city funds along with advancing the PMP. Page 15 City Council 10 – 19 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Appendix A Location Map Aerial Page 16 City Council 10 – 20 9/16/2025 Page 17 City Council 10 – 21 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Appendix B Potential Park Properties Page 18 City Council 10 – 22 9/16/2025 Washinꢀon Park- Potential Park Propeꢁies ꢀAPN: 405-321-14, Lot Area 0.42 acres APN: 405-321-13, Lot Area 0.41 acres APN: 405-321-12, Lot Area 0.31 acres APN: 405-321-08, Lot Area 0.38 acres APN: 405-321-09, Lot Area 0.22 acres -ꢁ C C Lot A: 0.42 acres, Vacant Lot Owner - Jessup Ann Hayden Trust, the Dennis D and Lois A Hayden 2019 Family Trust Lots B-E: 1.32 acres (3 vacant lots and 1 single family residential house) Owner - Alexander Dantes, LLC NORTHt Page 19 City Council 10 – 23 9/16/2025 ꢀshinꢁon Park- Potential Park Propeꢂies e APN: 405-321-14, Lot Area 0.42 acres APN: 405-321-13, Lot Area 0.41 acres APN: 405-321-12, Lot Area 0.31 acres APN: 405-321-08, Lot Area 0.38 acres APN: 405-321-09, Lot Area 0.22 acres u.}-ꢀ @ @ ••'ꢀꢁ I 1(1 � ꢀ Lot A: ꢀ0.42 acres, Vacant LotJꢁ Owner - Jessup Ann Hayden Trust, the Dennis D and Lois A Hayden 2019 Family Trustz 0! : 15th Street West 15th Stred ꢀ Lots B-E: 1.32 acres (3 vacant lots and 1 single family residential house) Owner - Alexander Dantes, LLCI■�j1 i-�ꢀ6, ꢀ ꢀLots A-E: 1.74 acresiz0 NORTHt Page 20 City Council 10 – 24 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Appendix C Access Analysis Page 21 City Council 10 – 25 9/16/2025 @ORANGE@ꢄꢅ 12a-ꢀ:"i • ꢁꢂ E�JFe P�a r--k;L_s''A1•N-ꢁꢀT11Aꢀꢁ•A•N1 ꢁAn gMQrrison ꣟Parke11.2ꢀGARDEN GROVE ,neꢁaꢂꢃ-ꢆckI,'ꢀI ꢇꢈ,l "J �?11 Poꢯꢰa &a�-,-.J0 I Park I �ꢀꢁ��arkꢌAccess Analysis (Service - Citywide Park - Pocket Park - -ꢉꢊꢋ- ComAmur n e itya Pas rk and- GUa rbpan sPl )aza@ - Neighborhood Park - Special Use Facility ,ꢏ ij•,El ꢱ-Leg-eTnrdail CorridorꢎMtr )- Park ResourceRoꢥitaPark Wꢐꢑꢒwꢓd< ꢔꢕCiParandc tes•Major Recreation Other a ndF Cabr,l lo ,Facility - Undeveloped Parkꢍ1 1·10 I!Par,k j ꢲꢳ-Joint-Use School Site • i . 1•3sar Chꢗ!z,ꢖa j -111 if Parks and Facilities Provided by Others OtherParkRe sourcesꢘꢙz ꢚꢛ)ꢜꢝꢞꢟꢠWESTMINSTER '1 -- Major Roads + FreewaysH t ge I i Go~ ꣠꣡ Rail Line/Metro RailiLe·)! City of Santa Ana f loclandSRurrnouRdeisnougrcCesities and Unincorporated Areas ! 1 r) School WaterbodiescF,dde,sAG.n,L -ꢡP k NMI 1.r r-1:... sJet •o ar ResidentialA reas C:J -Windꢥor Park - 10-minute walk to a City or Community ParkTUSTINlPark( 2 v71-.-.;,f ꣢ 5-minute walk to a Neighborhood Parkm6 ------;- - 5-minute walk to a Pocket Park or Urban Plaza----r!--- - 5-minute walk to a Special Use Facility - 5-minute walk to a Undeveloped Park PrkSAres - 5-minute walk to a Joint Use School Site 3 MemMile Squa R P II Unserved Areasꢣaꢤꢥ Park 33 UNINC. Joint-Use School Sꢻtes Pocket Parks Urban Plaza,@ Wiꣂꣂaꢷd ꢴꢵꢶꢷꢸꢹꢺꢻꢼꢽꢾSchooꣂ0 Sꣀrꣀh ꣣꣤ DownꢻꢹHꢾꢷb Gꢼrdꢹn 0PꣂaLJCꣀlꣂeCu꣆tr o @ ꢿꣀꣁꢻꢹꣂꢺ ꣃꣂꢹ꣄ꢹꢵꣅ꣆꣇S꣧hool 8꣥꣦꣋꣧꣨꣩꣆ꢷ꣪ParkGaps Carl ntonWꢀerAve Roo꣐꣉v꣉l꣌-Wꣀl꣪꣉r ꣈ꣂ꣉꣊꣉꣋꣌ꣀ꣍Schooꣂ ꣫17꣔hS꣌r꣉꣉꣌ln꣭꣞gl꣉Pꣀ ecꢻvic(꣉ꢵteꢷi FO LEY l/ @ ꣣oꢵ꣔꣉꣎꣏꣐꣑ ꣒ꣂ꣉꣓꣉꣋꣔ꢷ꣕꣖S꣧꣨ool ꣬꣥ ꣮꣯꣰꣉꣱Tri꣭ꢵgꣂ꣉ Hꣀbitat R꣉꣐꣌or꣆tꢻon ,Lill @ ꣣꣆ꢺꢻ꣐o꣋ ꣗ꣂ꣘꣄꣘꣋꣙꣆꣚S꣧hooꣂ.J i 8 McF꣆dꢺ꣘ꢵꣶꢷi꣆ngl꣘꣩꣆ꢷk L 390 Sꣀn꣌ꣀAnaZooꣀt꣩ꢷꢾntꢻcꢾ꣩ꢼꢷ k • iꢿodinez ꣛ꢻ꣜ Sc꣨o 0 M꣭pꣂe ꣆nd0ccꢻꣵ꣘nt꣆lEx꣘ꢷcls꣘꣩꣆ꢷk &s꣆n꣌꣆AnaS꣌aꢺꢻu꣄//- @ ꣣oꢵꢷo꣉ ꣝ꣂ꣉꣄꣉꣞ꣅ꣆꣇S꣧hool ©QFꢷꢻenꢺ꣐hꢻpPar k OC꣭bꢷꢻꣂꣂoTennꢻsC꣉꣋t ꣉ꢷ QG꣆ꣲꢻꢹꣂꢺ꣥ꢻ꣌ꢵꢾssPꣀrk esasscerPark꣬N꣘꣆ꣂꣳ꣆ꣴ꣆ꢵꣵ꣘ꢷꣶ꣘꣋꣋ꣷ꣸꣹꣘꣋꣺꣘ꢷ Special Use Facilities 1 •L - ꢧ---71nꢨ I B-ꢩꢪꢫꢦ"oral,/ ➔sꢢ4• WMad, ®--7 " I 1 ꢬꢭSꢮ MESA March 2022 '•• <IRVINE u 0 S 2 Miles Sources: City of Santa Ana, Esri, OC Open Data, SCAG Open Data, 2022. Page 22 City Council 10 – 26 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Appendix D Parks Master Plan Scorecard Page 23 City Council 10 – 27 9/16/2025 --PROJECT EVALUATION AND PRIORITIZATION BLE 8-3: T-SP ROJCT UON AND RIORIZON SCORCARD (CONT) CRITERIAThese capital costs-and associated operations cost-exceed what the City wi be likely to implement in the next ten years. To assist the City in cusing on priority projects, the PMP introduces a two-step evaluation process r evaluating and prioritizing recommended capital projects. Since this Master Park cannot anticipate a project needs as circumstances change over the next ten years, this evaluation famewok wll hep vet new pojects as they ase. Pojes that ae consstent wth PMP ntatves may advance to Step 2. STEP 2: ALIGNMENT WITH PARK SYSTEM REALITIES How we does the proposed project address the owing criteria? Check if 2 points Yes each 0Safey and Use: Does the poje mpove pak safety o estoe use? 2 □Feasibility: Does the poe use o leveage avaabe esouces, such as existing staffing or volunteers, equipment, sites, and cilities?Pojes agned wth multpe PMP ntatves ae mpotant. Howeve, pojes that meet mutpe ctea in Step 2 are most likely to be implemented quickly. For this reason, Step 2 is weighted more heavily. Final scores should be used to sequence capital projects in annua capital improvement planning and budgeting. Exising Oppouniy: can the Ct mlement the oe usn exstn ak space o avaabe pubc space (e.g., pope aeady acqued, vacant ands, exstng ghts of way)? 0 BLE 8-3: T-SP ROJCT UAON AND RIORIZTION SCORRD Funding Availability: Does the poect eveage exstng fundng fo imlementation such as Cit caital and oerations ndin rants partnerships, and donations? □CRITERIA ===--===== STEP 1: ALIGNMENT WITH PMP INITIATIVES Does the roosed roect address one or more of the foowin Parks Master Pan Intatves? Check if 1 oint 0 0 □ □ □ Cos Savings: Does the oe educe costs ncease evenues ncease sustanabty, o ncease mantenance and opeatonal effcences? s each 2 20Ease of Implementation: Can the poe be done qucky and easly (.e., ae advanced pannng, feasbty studes, and pemttng aleady completed)? Parkland: Acquire and develop parks to create an integrated park and recreation system. Equity, Access, and Environmental Justice: Ensuethat all esdents n Santa Ana have equtable access to ncusve paks and heathy eceaton opportuntes that seve all ages, abltes, and unseved o undeseved aeas n the cty. Acquisition Urgency: Does the oect acque akand whe the ootunt exists to do so? (or bere the opportunity is ost?)0 □ 0 0 Value: Does the proect deiver high value for the cost or resources needed, relative to other projects?Trail Connectivity: Ceate a wakabe bkeabe and nteconneed ct b ceatng a neok of off-steet bke and pedestan tals.City Priority:Does the roect coincide with or suort another Cit roect orRecreation Diversity: Ceate unque and vbant paks and eceaton factes that ele the chaae, dentty, and needs of Santa Ana's dvese communty. City Council initiative? Activiy: Facltate events, pogams, spots, and ndoo and outdoo eceaton activities to suort communit health fitness emowenment develoment and lilong learning. Community Priority: Does the proect provide or renovate a high-use, popuar ark or cilit to address to communit needs (e.. sorts fields event sace play areas, trails, dog parks)? 0 Sterdship: Manae and maintain Santa Ana's arks and recreation assets through good stewardship, proactive asset management, and the wise use of esouces to suppot a sustanabe, esent, safe, and comfotable pak system.□ 0 □ □ 0 Multiple Benefits: Does the roect benefit a lare number of eole and/or support multiple or flexible uses? --Underserved or Underrepresented Groups: Does the roect serve underrepresented groups or unseed geographic areas to balance park access and provide equitable opportunities for a? Collaboration: Enae esdents atnes stakehodes voluntees and oca businesses in enhancing parks and recreation opportunities. Investment: Dves fundng, geneateevenues, and suppot the capta and operational investment needed to enhance the park and recreation system. TOTALS Page 24 City Council 10 – 28 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Appendix E Concept Designs Page 25 City Council 10 – 29 9/16/2025 OFF-LEASH AREA PICNIC / COMMUNITY GATHERING AREA PLAYGROUND ENTRY OPEN TURF COMMUNITY GATHERING AREA ENTRY WEST 15TH STREET 0 20 40 80 100 feet 1" = 20' WASHINGTON SQUARE PARK 17542 17th Street, Suite 150 Tustin, California 92780 Phone: 714.665.4500 ® SCHEMATIC DESIGN - OPTION 1 Sheet 1 of 3 August 4, 2025 Page 26 City Council 10 – 30 9/16/2025 OFF-LEASH AREA PICNIC / COMMUNITY GATHERING AREA FITNESS AREA OPEN TURF COMMUNITY GATHERING AREA PARK ENTRY PLAZA PLAYGROUND WEST 15TH STREET WASHINGTON SQUARE PARK 17542 17th Street, Suite 150 Tustin, California 92780 Phone: 714.665.4500 ® SCHEMATIC DESIGN - OPTION 2 Sheet 2 of 3 August 4, 2025 Page 27 City Council 10 – 31 9/16/2025 OFF-LEASH AREA PARK PLAZA FITNESS AREA PICNIC / COMMUNITY GATHERING AREA OPEN TURF COMMUNITY GATHERING AREA PARK ENTRY PLAZA PLAYGROUND WEST 15TH STREET 0 20 40 80 100 feet 1" = 20' WASHINGTON SQUARE PARK 17542 17th Street, Suite 150 Tustin, California 92780 Phone: 714.665.4500 ® SCHEMATIC DESIGN - OPTION 3 Sheet 3 of 3 August 4, 2025 Page 28 City Council 10 – 32 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Appendix F Restricted Appraisal Report Page 29 City Council 10 – 33 9/16/2025 Alexander Dantes LLC Ownership APNs 405-321-08, -09, -12, and -13 Washington Square Property Santa Ana, California Effective Date of Appraisal: February 8, 2024 Page 30 City Council 10 – 34 9/16/2025 H E N N E S S E Y & H E N N E S S E Y L L C A California Limited Liability Company Real Estate Appraisers 17602 17th Street, Suite 102-246 • Tustin, California 92780-7915 (714) 730-0744 • e-mail: appraisals@h-hllc@.com Sharon A. Hennessey, MAI, SR/WA, AI-GRS Certified General Real Estate Appraiser MAI Designated Member of the Appraisal Institute AI-GRS Designated Member of the Appraisal Institute Senior Member, International Right of Way Association Joseph A. Hennessey, SR/WA (1928-2016) Senior Member, International Right of Way Association February 15, 2024 Ms. Hayley Gilbert, Projects Manager City of Santa Ana - Public Works Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, CA 92702 RE: Restricted Appraisal Report covering Alexander Dantes LLC Ownership APNs 405-321-08, -09, -12, and -13 Washington Square Property Santa Ana, California At your request and authorization, herewith is submitted a Restricted Appraisal Report, as defined by the Uniform Standards of Professional Appraisal Practice, covering the above-referenced subject property. A Restricted Appraisal Report is appropriate in this instance because this report is for the client’s use only. The subject property is a ±1.32-acre site consisting of APNs 405-321-08, -09, -12, and -13. The purpose of this appraisal is to estimate the market value of the subject property as of the effective date of the appraisal. This appraisal report is intended to provide our client, the City of Santa Ana, with an estimate of the market value for the subject property to be used for internal decision-making purposes, including possible acquisition. The intended users of this report are the employees and duly authorized representatives of the City of Santa Ana. The effective date of the appraisal is February 8, 2024. The date of the report is February 15, 2024. Opinion of Value It is the appraiser’s opinion that the market value of the subject property as of the date of value, February 8, 2024, subject to the assumptions and limited conditions state herein, is: Three Million, Seven Hundred Ten Thousand Dollars $3,710,000 Page 31 City Council 10 – 35 9/16/2025 The following analysis, opinions, and conclusion were developed in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the “Code of Professional Ethics” and the “Standards of Valuation Practice” of the Appraisal Institute. Any data, reasoning, and analysis not discussed in this Restricted Appraisal Report have been retained in the appraiser’s work file. HENNESSEY & HENNESSEY LLC by Sharon A. Hennessey, MAI, SR/WA, AI-GRS State of California AG003323 Washington Square (Dantes) 2-15.wpd Page 32 City Council 10 – 36 9/16/2025 Requirements for Restricted Appraisal Reports USPAP Standards Rule 2-2(b) The following items are required to be included in a Restricted Appraisal Report: i.State the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client’s request but is retained in the appraiser’s workfile; ii.State the identity of any other intended user(s) by name; iii. Clearly and conspicuously state a restriction that limits use of the report to the client and the named intended user(s); iv. Clearly and conspicuously warn that the report may not contain supporting rationale for all of the opinions and conclusions set forth in the report; v.State the intended use of the appraisal; vi. State information sufficient to identify the real estate involved in the appraisal; vii. State the real property interest appraised; viii. State the type of value and cite the source of its definition; ix. State the effective date of the appraisal and the date of the report; x.State the scope of work used to develop the appraisal; xi. State the extent of any significant real property appraisal assistance; xii. Provide sufficient information to indicate that the appraiser complied with the requirements of Standard 1 by: 1) 2) stating the appraisal methods and techniques employed; stating the reasons for excluding the sales comparison, cost, or income appraoch(es) if any have not been developed; 3) 4) summarizing the results of analyzing the subject sales and other transfers, agreements of sale, options, and listings in accordance with Standards Rule 1-5; and stating value opinion(s) and conclusion(s); xiii. State the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal; xiv. When an opinion of the highest and best use was developed by the appraiser, state that opinion; xv. Clearly and conspicuously: • • State all extraordinary assumptions and hypothetical conditions; and State that their use might have affected the assigned results; and xvi. Include a signed certification in accordance with Standards Rule 2-3. City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 1 Page 33 City Council 10 – 37 9/16/2025 Preface This is a Restricted Appraisal Report as defined in the Uniform Standards of Professional Appraisal Practice (USPAP). By prior agreement, the client has determined that a Restricted Appraisal Report is appropriate in this instance. This report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of USPAP for a Restricted Appraisal Report. As such, it does not present discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser’s opinion of value. Rather, only brief statements are presented. The supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser’s file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use of this report. The subject property consists of a ±1.01-acre (±43,891 square feet) site consisting of APNs 405-321-08, -09, and -13, and a single-family residence on APN 405-321-12. Only the Sales Comparison Approach was used to value the subject property. This approach was considered to be the most likely approach a potential purchaser of the subject properties would use. The Income Approach and the Cost Approach were not used, because these approaches are not what market participants use to value these property types. These approaches are not pertinent in this instance. Standards Rule 2-2(b) of USPAP specifies that a Restricted Appraisal Report address 16 specific issues. The following sections of this report are presented in a manner so as to comply with the 16 requirements that are specified on the previous page. i.State the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client’s request but is retained in the appraiser’s workfile; City of Santa Ana ii.State the identity of any other intended user(s) by name; None iii. Clearly and conspicuously state a restriction that limits use of the report to the client and the named intended user(s); The use of this report is limited to the client and intended user, City of Santa Ana. There is no other intended user. iv. Clearly and conspicuously warn that the report may not contain supporting rationale for all of the opinions and conclusions set forth in the report; This report is restricted in that it does not present discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser’s opinion of value. This report cannot be thoroughly understood without this information. This information has been retained in the appraiser’s file. v.State the intended use of the appraisal; The intended use of this report is to establish the market value for the subject property as of the effective date of the appraisal. This report is to be used by the City of Santa Ana for internal decision-making purposes, including the possible acquisition of the subject City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 2 Page 34 City Council 10 – 38 9/16/2025 property. The intended users of this report are the employees and duly authorized representatives of the City of Santa Ana. vi. State information sufficient to identify the real estate involved in the appraisal; Only one of the subject lots has a street address. The address for APN 405-321-12 is 1501 N. Lowell Street, Santa Ana. The balance of the property, APNs 405-321-08, -09, and -13, is vacant and does not have a street address. The subject property is shown on the exhibit in the Appendix of this report. vii. State the real property interest appraised; The property rights being appraised are fee simple interest. The Dictionary of Real Estate Appraisal, 7th Edition, published in 2022 by the Appraisal Institute defines “fee simple estate” on page 73 as follows: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. The fee simple estate valued in this report is appraised as though free and clear of existing leases and all other encumbrances except those noted in the valuation section of this report. viii. State the type of value and cite the source of its definition; Definition of Market Value The Dictionary of Real Estate Appraisal, 7th Edition, published in 2022 by the Appraisal Institute defines “market value” on page 118 as follows: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. ix. State the effective date of the appraisal and the date of the report; The effective date of the appraisal is February 8, 2024. The date of the report is February 15, 2024. x.State the scope of work used to develop the appraisal; The scope of the appraisal is the extent of the process of collecting, confirming, analyzing, and reporting data. The following were completed for this assignment: 1. Accepted the assignment to make an objective appraisal of the subject property and to report the estimated market value. 2. Toured the general area by automobile to get acquainted with the extent, condition, and quality of nearby developments, sales and offerings, density and type of development, topographical features, economic conditions, and trends toward change. City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 3 Page 35 City Council 10 – 39 9/16/2025 3. Viewed the subject property to get acquainted with the current particular attributes or shortcomings of the subject property. 4. Made a visual observation concerning public streets, access, drainage, and topography of the subject property. 5. Photographed the subject property and the immediate environs. 6. Obtained from qualified sources calculations of the area of land contained within the subject property. 7. Reviewed current maps, zoning ordinances, and other material for additional background information pertaining to the subject property and the sale property. 8. Formed an opinion of the highest and best use applicable to the subject property appraised herein. 9. Searched public records for factual information regarding recent sales of the subject property, and for recent sales of comparable property. 10. Viewed and confirmed, when possible, the sales price and other particulars pertaining to each comparable sale contained in this report. 11. Analyzed the data to arrive at a conclusion via the Sales Comparison Approach. This was the only applicable approach. The Cost Approach and the Income Capitalization Approach were not applicable, because these approaches are not used by market participants for single-family residences and land. 12. Reconciled the results of the analysis into an estimate of value. 13. Prepared and delivered this Restricted Appraisal Report. xi. State the extent of any significant real property appraisal assistance; No one provided significant appraisal assistance. Joseph Montano provided assistance in the collection of comparable sales data. xii. Provide sufficient information to indicate that the appraiser complied with the requirements of Standard 1 by: 1) stating the appraisal methods and techniques employed; 2) stating the reasons for excluding the sales comparison, cost, or income approach(es) if any have not been developed; 3) summarizing the results of analyzing the subject sales and other transfers, agreements of sale, options, and listings in accordance with Standards Rule 1-5; and 4) stating value opinion(s) and conclusion(s); Appraisal Procedures The Sales Comparison Approach was used to value the subject property. The Cost Approach and the Income Capitalization Approach were not used in this analysis, because these approaches are not relevant in this instance. City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 4 Page 36 City Council 10 – 40 9/16/2025 General - Subject Property The subject property is a ±1.32-acre (±57,499 square feet) irregular-shaped site. It is zoned R1, Single Family Residential, which is consistent with the General Plan land use designation of LR-7, Low Density Residential. The larger parcel comprises four Assessor Parcels. Three of the Assessor Parcels – APNs 405-321-08, -09 and -13 – were acquired by the current owner on December 23, 2015 (Document No. 15-645459. The purchase price was not disclosed in public records. These three parcels are vacant land. The current owner acquired APN 405-321-12 on December 17, 2015 (Document No. 15-638809). This parcel was improved at the time of sale with a ±2,304-square-foot single- family residence. The Assessor indicates the date of construction as 2014. This appears to be incorrect due to the style of the home. Most likely, this home was built in 1949 to 1950, which are the dates of construction of similar homes in the neighborhood. There was an addition to the house in 2014. The buyer purchased these properties with the intention to assemble them to construct a residential development. These transactions are not considered to be current indicators of value, because they took place over 9 years ago under different market conditions. There are no more recent transactions or listings for sale known. Valuation - Subject Property The subject was analyzed to see if the single-family residence should be valued as improved or as if vacant. Through the analysis it was found that the highest and best use of this APN was as improved. Therefore, the three vacant APNs are appraised as one site, and the single-family residence was appraised separately. A search for comparable sales was conducted within the City of Santa Ana. Due to the limited number of vacant land sales, the search was expanded to include central and north Orange County. The most relevant sales were used to arrive at the value conclusion. Price per square foot was used as the unit of comparison. The single-family residence was valued using comparable sales in the City of Santa Ana. The indicated value of the subject property is shown below. APNs 405-321-08, -09, -13 APN 405-321-12 $ 2,721,242 990,000 Total indicated value Rounded to $ 3,711,242 $ 3,710,000 Opinion of Value It is the appraiser’s opinion that the market value of the subject property as of the date of value, February 8, 2024, subject to the assumptions and limited conditions stated herein, is: Three Million, Seven Hundred Ten Thousand Dollars $3,710,000 City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 5 Page 37 City Council 10 – 41 9/16/2025 Exposure Time Exposure time is the amount of time necessary to expose a property in the open market to achieve a sale at the “as is” value conclusion, as of the date of the “as is” value. A reasonable exposure time for the entire subject property is estimated to be between 6 and 12 months. File Information As previously stated, this is a Restricted Appraisal Report; therefore, details of the comparable sales and the valuation analyses that have not been included in this report have been retained in the appraiser’s work files. xiii. State the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal; The subject property is a generally level vacant site with perimeter fencing around APNs 405-321-08, -09, and -13. APN 405-321-12 is improved with a single-family residence with a detached garage. xiv. When an opinion of the highest and best use was developed by the appraiser, state that opinion; The conclusion of the highest and best use is based on consideration of those uses that are physically possible, legally permitted, and financially feasible. It is further limited by the use or uses that are maximally productive. After considering these factors, the highest and best use of the vacant portion of the subject property (APNs 405-321-08, -09 and -13) is to be developed with a single-family residential subdivision. The highest and best use of APN 405-321-12 is as improved. xv. Clearly and conspicuously: • • State all extraordinary assumptions and hypothetical conditions; and State that their use might have affected the assigned results; and The value conclusion is subject to the following hypothetical condition that may affect assignment results: •None Hypothetical conditions are contrary to known facts about the physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. The value conclusion is subject to the following extraordinary assumption that may affect assignment results: •None. An extraordinary assumption is uncertain information accepted as fact. If an extraordinary assumption is found to be false as of the effective date of the appraisal, I reserve the right to modify my value conclusions. City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 6 Page 38 City Council 10 – 42 9/16/2025 xvi. Include a signed certification in accordance with Standards Rule 2-3. Please see the following page for the signed certification. City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 7 Page 39 City Council 10 – 43 9/16/2025 Certification I certify that, to the best of my knowledge and belief: • • the statements of fact contained in this report are true and correct. the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. • • I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. • • • I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. my engagement in this assignment was not contingent upon developing or reporting predetermined results. my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. •my analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • • I have made a personal inspection of the property that is the subject of this report. no one provided significant real property appraisal assistance to the person signing this certification. •the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Valuation Practice of the Appraisal Institute. • • the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. as of the date of this report, I have completed the continuing education program for Designated Members of the Appraisal Institute. HENNESSEY & HENNESSEY LLC by Dated: February 15, 2024 Sharon A. Hennessey, MAI, SR/WA, AI-GRS State of California AG003323 City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 8 Page 40 City Council 10 – 44 9/16/2025 Appendix City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 9 Page 41 City Council 10 – 45 9/16/2025 Aerial Photograph of Subject Property AP Map of Subject Property City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 10 Page 42 City Council 10 – 46 9/16/2025 Washington/Lowell Subject Exhibit City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 11 Page 43 City Council 10 – 47 9/16/2025 Assumptions and Limiting Conditions Standards Rule (S.R.) 2-1 of the Standards of Professional Appraisal Practice of the Appraisal Institute requires the appraiser to “clearly and accurately disclose any assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. In compliance with S.R. 2-1, and to assist the reader in interpreting this report, such Assumptions and Limiting Conditions are set forth as follows: 1.This report is restricted in that it does not present discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser’s opinion of value. This report cannot be thoroughly understood without this information. This information has been retained in the appraiser’s file. 2.The appraiser assumes no responsibility for hidden or unapparent conditions of the property, subsoil, groundwater, or structures that render the subject property more or less valuable. No responsibility is assumed for arranging for engineering, geologic, or environmental studies that may be required to discover such hidden or unapparent conditions. 3. 4. Hennessey & Hennessey LLC’s liability is limited to the amount of the fee. The firm and the appraiser preparing the report are not responsible for erroneous information provided by others. There is no accountability or liability to a third party. The contract for appraisal, consultation, or analytical services is fulfilled and the total fee is due upon completion of the report. The appraiser or those assisting in the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part, nor will they be asked or required to engage in post-appraisal consultation with client or third parties except under separate and special arrangements made a reasonable time in advance and at an additional fee for time and expenses. 5.The client shall notify the appraiser of any error, omission, or invalid data herein within 10 days of receipt and return the report, along with all copies, to the appraiser for corrections prior to any use whatsoever. 6. 7. Neither the appraiser’s name nor this report may be used in connection with any financing plans that would be classified as a public offering under state or federal security laws. Unless otherwise stated, the subject property is appraised assuming it to be in full compliance with all applicable zoning and land use regulations and restrictions. The property is appraised assuming that all required licenses, permits, certificates, consents, or other legislative and/or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 8. 9. No engineering survey has been made by the appraiser. Except as specifically stated, data relative to the size and area of the subject property was taken from information provided by the City of Santa Ana, and no encroachment of the subject property is considered to exist. In preparing this report, the appraiser was required to rely on information furnished by other individuals or found in existing records and/or documents. Unless otherwise indicated, such informa- tion is presumed to be reliable. However, no warranty, either expressed or implied, is given by the appraiser for the accuracy of such information, and the appraiser assumes no responsibility for information relied upon later found to have been inaccurate. The appraiser reserves the right to make such adjustments to the analyses, opinions, and conclusions set forth in this report as may be required by consideration of additional data or more reliable data that may become available. 10. Maps, plats, and exhibits included in this report are for illustration only to serve as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, nor should they be removed from, reproduced, or used apart from the report. City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 12 Page 44 City Council 10 – 48 9/16/2025 11. The appraiser has not been provided any information regarding the presence of any material or substance on or in any portion of the subject property or improvements thereon, which material or substance possesses or may possess toxic, hazardous, and/or other harmful and/or dangerous characteristics. Unless otherwise stated in the report, the appraiser did not become aware of the presence of any such material or substance during the inspection of the subject property. However, the appraiser is not qualified to investigate or test for the presence of such materials or substances. The presence of such materials or substances may adversely affect the value of the subject property. The value estimated in this report is predicated on the assumption that no such material or substance is present on or in the subject property or in such proximity thereto that it would cause a loss in value. The appraiser assumes no responsibility for the presence of any such substance or material on or in the subject property, nor for any expertise or engineering knowledge required to discover the presence of such substance or material. Unless otherwise stated, this report assumes the subject property is in compliance with all federal, state, and local environmental laws, regulations, and rules. 12. No opinion as to the title of the subject property is rendered. Data related to ownership and legal description was obtained from the County of Orange and is considered reliable. Title is assumed to be marketable and free and clear from any encumbrances, easements, and restrictions except those specifically discussed in the report. The property is appraised assuming it to be under responsible ownership and competent management, and available for its highest and best use. 13. Possession of this report, or a copy of it, does not carry with it the right of publication. This report may not be used for any purposes by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with properly written qualification and only in its entirety. In particular, it may not be referred to in any report or financial statement or in any documents filed with a governmental agency without prior written consent of the appraiser. 14. The Regulations and Bylaws of the Appraisal Institute require each member and/or candidate to control the use and distribution of each appraisal by such member or candidate. Therefore, except as may hereinafter be provided, the party for whom this appraisal was prepared may distribute copies of this appraisal, in its entirety, to such third parties as may be selected by the party for whom this appraisal was prepared; however, selected portions of this appraisal shall not be given to third parties without the prior written consent of the signatory of this appraisal. 15. Further, neither all nor any part of this appraisal shall be disseminated to the general public by the use of advertising media, public relations media, news media, sales media, or other media for public communication without the prior written consent of the signatory of this appraisal. 16. The appraiser assumes no responsibility for hidden defects or non-conformity with specific governmental requirements, such as fire, building and safety, earthquake, or occupancy codes, unless inspections by qualified independent professionals or governmental agencies were provided to the appraiser. Further, the appraiser is not a licensed engineer or architect and assumes no responsibility for structural deficiencies not apparent to the appraiser at the time of inspection. City of Santa Ana Washington Square Property, Santa Ana Date of Value: February 8, 2024 13 Page 45 City Council 10 – 49 9/16/2025 H E N N E S S E Y & H E N N E S S E Y L L C A California Limited Liability Company Real Estate Appraisers 17602 17th Street, Suite 102-246 • Tustin, California 92780-7915 (714) 730-0744 • e-mail: appraisals@h-hllc.com Sharon A. Hennessey, MAI, SR/WA, AI-GRS Certified General Real Estate Appraiser MAI Designated Member of the Appraisal Institute AI-GRS Designated Member of the Appraisal Institute Senior Member, International Right of Way Association Joseph A. Hennessey, SR/WA (1928-2016) Senior Member, International Right of Way Association Qualifications of Sharon A. Hennessey, MAI, SR/WA, AI-GRS Experience 1984 to present Hennessey & Hennessey LLC, Independent Fee Appraiser - Appraise vacant land, commercial, industrial, residential, rights of way, and special purpose properties for governmental agencies, corporations, law firms, and private parties. License Certified General Real Estate Appraiser, State of California License No. AG 003323 Qualified as an expert witness in the Orange County Superior CourtExpert Witness Professional Affiliations MAI Designated Member of the Appraisal Institute, Certificate No. 11108 AI-GRS Designated Member of the Appraisal Institute Senior Member of the International Right of Way Association, Registration Number 3975 President of Chapter 67 International Right of Way Association, 1990 International Director of Chapter 67, International Right of Way Association, 1991 Membership Chairman, International Right of Way Association, 1992 and 1993 Hospitality Chairman, Southern California Chapter Appraisal Institute, 1993 and 1994, 1995, 1996, and 1997 Co-Education Chairman, Southern California Chapter Appraisal Institute, 1998, 1999, 2000, 2001 Education Bachelor of Arts - University of California, Berkeley Currently meets the education requirements of the Bureau of Real Estate Appraisers, the Appraisal Institute, and the International Right of Way Association Partial List of Continuing Education: Appraisal Institute USPAP - 1986, 1993, 2000, 2004, 2006, 2008, 2012, 2010, 2014, 2016, 2018, 2020 Business Practice and Ethics - 2011, 2015 Federal and California Statutory and Regulatory Law - 2015, 2017 Highest & Best Use and Market Analysis - 1996 Advanced Applications - 1996 The Appraisers Complete Review - 1996 Advanced Income Capitalization - 1993 Report Writing and Valuation Analysis - 1989 Case Studies in Real Estate Valuation - 1988 Capitalization Theory & Techniques, Parts A and B - 1987 Review Theory - General - 2014 Complex Litigation Case Studies - 2013 Litigation Appraising: Specialized Topics and Applications - 2013 The Appraiser as an Expert Witness - 2000, 2013 Valuation of Detrimental Conditions - 2011 Appraisal Curriculum Overview - 2010 Hotel/Motel Valuation - 1997 Real Estate Appraisal Principles - 1985 Basic Valuation Procedures - 1985 International Right of Way Association 403 Easement Valuation - 1990, 2013 104 Standards of Practice for the Right of Way Professional - 2012 101 Principles of Real Estate Acquisition - 1989 401 Appraisal of Partial Acquisitions - 1988 901 Interpreting Engineering Drawings - 1986 103 Ethics and the Right of Way Profession - 1992, 2004, 2008 206 Presentation Skills - 1992 203 Communications in Real Estate Acquisition - 1991 902 Property Descriptions - 1986 801 Land Titles - 1986 214 Skills of Expert Testimony - 1990 Page 46 City Council 10 – 50 9/16/2025 Sharon A. Hennessey Qualifications page 2 Representative Clients - Partial Listing Attorneys and Law Firms Best Best & Krieger LLP Bowie, Arneson, Kadi & Dixon Dreyfuss, Ryan, Weifenbach Durst & Landeros Fullerton, Lemann, Schaefer & Dominick Lillick, McHose & Charles Lozano Smith Meserve, Mumper & Hughes Marjorie Mize Le Gaye, Esq. Nichols, Stead, Boileau & Kostoff Parker & Covert Redwine & Sherrill Richard L. Riemer, Law Offices of Rutan & Tucker Sheppard, Muller, Ricter & Hampton Oliver, Vose, Sandifer, Murphy & Lee Wilson, Elser, Moskowitz, Edelman & Jones & Mayer Palmieri, Tyler, Wiener, Wilhelm &Dicker Kindel & Anderson Waldron Woodruff, Spradlin & Smart Corporate Clients Associated Right of Way HDR Engineering Overland Resources Pacific Bell (SBC) Pacific Relocation Consultants Paragon Partners Poseidon Resources Psomas Rockwell International Sisters of the Sacred Heart Southern California Edison Tetra Tech, Inc. Universal Field Services Western Industrial Properties, Inc. Services, Inc. Brother International California Property Specialists Inc. Hoag Foundation Hughes Aircraft Company Kaiser Foundation Health Plan, Inc. Continental Develop- ment Corp. Cutler & Associates DGA Consultants Diocese of Orange Metzger & Associates, Inc. NBS/Lowry Engineers Overland, Pacific & Cutler, LLC Robert Bein, William Frost & Willdan Associates Associates Individual Clients Leo Beus Genji Kawamura Kawamura Family Trust William E. Kibbie Paul Kiely Sang Moon Kim James Kindel Jr. Dorothy E. Lamb Andrea Lombard Rita M. Loosemore Kim Vu Nguyen Steven H. Price Constance C. Quarré Jean L. Roane E.O. Rodeffer Larry L. Root Dwight C. Schroeder John P. Sheffield Yoram S. Shily Carl Stevens Katherine E. Thompson Tustin Village Community Association Charles E. Wheeler Erv Yoder Carl Brandstetter Candace Campbell Samuel B. Corliss, Jr. Thomas W. Cosgrove Harbor Pine Creek Homeowners Assoc. John Iloulian Public Entities County of Orange City of Anaheim City of Corona City of Costa Mesa City of Fullerton City of Garden Grove City of Glendale City of Huntington Beach City of Laguna Niguel City of Lake Forest City of Mission Viejo City of Ontario City of Pasadena City of Pico Rivera City of Pomona City of Riverside City of Santa Ana City of Torrance City of Upland Charter Oak Unified School District Chino Unified School District Walnut Valley Unified Corona-Norco Unified School District Covina-Valley Unified School District Cucamonga School District Eastern Municipal Water District Fullerton Joint Union High School District Magnolia School District Orange Unified School District Caltrans Eastern Transportation Corridor Pajaro Valley Unified School Orange County District Transportation Authority Tustin Unified School District Riverside Transit Agency Riverside County Flood Control and Water Conservation District Riverside County Transportation Commission San Bernardino County Transportation Authority (formerly SANBAG) School District Mesa Consolidated Water District Murrieta County Water District Trabuco Canyon Water District California High-Speed Rail Authority Page 47 City Council 10 – 51 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Appendix G Entitlements Road Map Page 48 City Council 10 – 52 9/16/2025 Washington Square Park - Entitlements Road Map Pre-Submittal/EntitlementPhase DevelopmentProjectPhase-----------A------------ Kick-Off Meeting Community Outreach PWA develops plans and submit them to the Development Review Committee (DRC) for review/comment Project plans routed to various departments and preliminary comments provided. Sunshine Ordinance community meeting and 2nd meeting. • • • Interdepartmental oordination Architectural Design Early Environmental/ E Discussions • • • Workshops/harrettes PIO/NIES oordination Emails/Social Media/ om-Link ¢¢¢-1 st SB18/NAH Notification VEntitlementPhaseEPhase-----------------A------------------ PRCS Commission Public Hearing:IS/MND PreparationPRCS Commission Public Hearing Noticing Review and Respond to Public Comments IS/MND Public Review (30- day review period) Notice of Preparation (NOP)• • oncept Review Parking Naming •ABS2/NAH Notification EntitlementPhase Planning Commission Public Hearing: City Council Public Hearing: Planning Commission Public Hearing Noticing (20- Day Requirement) File NOD for Planning Commission City Council Public Hearing Noticing File NOD for City Council 1st Reading pt Reading AA and GPA Park Naming Final IS/MND Adoption Parks Master Plan Amendment Recommend Approval of Zone Change (AA), General Plan Amendment (GPA), Park Naming, and IS/MND VPlan heck and onstructionPhase EntitlementPhaseA Plan check takes place, including any corrections/resubmissions, leading towards permit issuance. LLA/LM recorded. Submittal of full construction-level plans for plan check, along with technical documents for LLA/LM. Permits issued and City Council ConsentProject is completed and final sign-offs or certificate of occupancy is issued. construction begins, with required inspections taking place during construction.File NOD for City CouncilCalendar:d2n Reading •2"' Reading AA Page 49 City Council 10 – 53 9/16/2025 Washington Square Park Feasibility StudyCity of Santa Ana July 2025 Appendix H Park Petition Page 50 City Council 10 – 54 9/16/2025 Page 51 City Council 10 – 55 9/16/2025 Page 52 City Council 10 – 56 9/16/2025 Page 53 City Council 10 – 57 9/16/2025 Page 54 City Council 10 – 58 9/16/2025 Page 55 City Council 10 – 59 9/16/2025 Page 56 City Council 10 – 60 9/16/2025 Page 57 City Council 10 – 61 9/16/2025 Page 58 City Council 10 – 62 9/16/2025 Page 59 City Council 10 – 63 9/16/2025 Page 60 City Council 10 – 64 9/16/2025 Page 61 City Council 10 – 65 9/16/2025 Page 62 City Council 10 – 66 9/16/2025 Page 63 City Council 10 – 67 9/16/2025 Page 64 City Council 10 – 68 9/16/2025 Page 65 City Council 10 – 69 9/16/2025 Page 66 City Council 10 – 70 9/16/2025 Page 67 City Council 10 – 71 9/16/2025 Page 68 City Council 10 – 72 9/16/2025 City Council 10 – 73 9/16/2025 Page 70 City Council 10 – 74 9/16/2025 Page 71 City Council 10 – 75 9/16/2025 Page 72 City Council 10 – 76 9/16/2025 Page 73 City Council 10 – 77 9/16/2025 Page 74 City Council 10 – 78 9/16/2025 Page 75 City Council 10 – 79 9/16/2025 Page 76 City Council 10 – 80 9/16/2025 Page 77 City Council 10 – 81 9/16/2025 Page 78 City Council 10 – 82 9/16/2025 Page 79 City Council 10 – 83 9/16/2025 Page 80 City Council 10 – 84 9/16/2025 Page 81 City Council 10 – 85 9/16/2025 Page 82 City Council 10 – 86 9/16/2025 Page 83 City Council 10 – 87 9/16/2025 Page 84 City Council 10 – 88 9/16/2025 Page 85 City Council 10 – 89 9/16/2025 Page 86 City Council 10 – 90 9/16/2025 Page 87 City Council 10 – 91 9/16/2025 Page 88 City Council 10 – 92 9/16/2025 Page 89 City Council 10 – 93 9/16/2025 Page 90 City Council 10 – 94 9/16/2025 Page 91 City Council 10 – 95 9/16/2025 Page 92 City Council 10 – 96 9/16/2025 Page 93 City Council 10 – 97 9/16/2025 Page 94 City Council 10 – 98 9/16/2025 Page 95 City Council 10 – 99 9/16/2025 Page 96 City Council 10 – 100 9/16/2025 Page 97 City Council 10 – 101 9/16/2025 Page 98 City Council 10 – 102 9/16/2025 Page 99 City Council 10 – 103 9/16/2025 Page 100 City Council 10 – 104 9/16/2025 Page 101 City Council 10 – 105 9/16/2025 Page 102 City Council 10 – 106 9/16/2025 Page 103 City Council 10 – 107 9/16/2025 Page 104 City Council 10 – 108 9/16/2025 Page 105 City Council 10 – 109 9/16/2025 Page 106 City Council 10 – 110 9/16/2025 Page 107 City Council 10 – 111 9/16/2025 Page 108 City Council 10 – 112 9/16/2025 Page 109 City Council 10 – 113 9/16/2025 Page 110 City Council 10 – 114 9/16/2025 Page 111 City Council 10 – 115 9/16/2025 Page 112 City Council 10 – 116 9/16/2025 Page 113 City Council 10 – 117 9/16/2025 Page 114 City Council 10 – 118 9/16/2025 Page 115 City Council 10 – 119 9/16/2025 Page 116 City Council 10 – 120 9/16/2025 Page 117 City Council 10 – 121 9/16/2025 8-18-25 Page 118 City Council 10 – 122 9/16/2025 Community Development Agency www.santa-ana.org/cd Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Agreement with Coast Community College District for the Strong Workforce Program AGENDA TITLE Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (Non-General Fund) RECOMMENDED ACTION 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a ten-month period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A-2025-XXX). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State Grants-Indirect account (no. 12418002-52027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753-Various) (Requires five affirmative votes). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Strong Workforce Program (SWP) is a statewide initiative designed to strengthen career education programs and regional workforce pipelines with funds that are managed locally by the Orange County Regional Consortium. The project Transforming Intermediary Partnerships for Student Success addresses challenges employers face when engaging with community colleges and workforce centers. Employers often cite a lack of clarity regarding points of contact, insufficient knowledge of available workforce resources, and uncertainty regarding student and job seeker readiness. This project seeks to resolve those issues through system building, employer outreach, and shared professional development. City Council 11 – 1 9/16/2025 Agreement with Coast Community College District for the Strong Workforce Program September 16, 2025 Page 2 5 3 1 6 Partners include: •The three (3) Orange County Workforce Development Boards (Anaheim, Santa Ana, OC Workforce Solutions), and •Orange County Community Colleges. This collaborative effort aims to increase alignment between education providers, workforce centers, and employers across the region. The Santa Ana Workforce Development Board (SAWDB) will provide services in four (4) key areas: Systems Building •Develop a regional advisory process through Building Industry Leadership Teams (BILT) •Recruit subject matter experts to validate in-demand skills and align regional advisories Business and Client Services Support •Collaborate with colleges and workforce centers on sector strategies •Coordinate local and virtual employer outreach events •Expand employer listings on the OC Works platform Resources and Training •Develop user stories and requirements for OC Works navigation •Lead joint trainings for career counseling and workforce staff on current labor market data and case management techniques Communication and Planning •Participate in project planning meetings, regional evaluation, and reporting activities The agreement is for a ten-month period ending June 30, 2026, with specific deliverables including: •Completion of BILT training by two (2) Workforce Center representatives. •Participate in quarterly alignment meetings with community college deans and directors. •Engage in employer outreach events, adding 10 new employers to the OC Works map. •Identify success stories highlighting the benefits of OC Works. •Assist with the development of a best practices document for career services teams. Approval of this agreement allows SAWDB to utilize the $50,000 in grant funds to strengthen employer engagement, enhance workforce readiness, and expand partnerships with regional education providers. The project will provide benefits for employers, students, and job seekers in Santa Ana and the region. City Council 11 – 2 9/16/2025 Agreement with Coast Community College District for the Strong Workforce Program September 16, 2025 Page 3 5 3 1 6 FISCAL IMPACT Approval of the appropriation adjustment will recognize $50,000 in funds from Orange County Grant Revenue State Grants-Indirect account (no. 12418002-52027) and appropriate the same amounts to expenditure accounts as shown in the table below. Funds will be assigned, budgeted, and available for expenditure in FY 2025-26. Fiscal Year Accounting Unit- Account Fund Description Accounting Unit, Account Description Amount FY 25-26 12418753-61xxx OCCC GRANT OCCC GRANT, Salaries & Benefits $30,500 FY 25-26 12418753-62120 OCCC GRANT OCCC GRANT, Training, Transportation, Meeting $11,500 FY 25-26 12418753-62500 OCCC GRANT OCCC GRANT, Rent Payments $1,000 FY 25-26 12418753-63001 OCCC GRANT OCCC GRANT, Miscellaneous Operating Expenses $4,000 FY 25-26 12418753-65100 OCCC GRANT OCCC GRANT, Liability $3,000 Total:$50,000 EXHIBIT(S) 1. Coast Community College District SWP Agreement Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager City Council 11 – 3 9/16/2025 COAST COMMUNITY COLLEGE DISTRICT INDEPENDENT CONTRACTOR AGREEMENT SHORT FORM ARTICLE I INDEPENDENT CONTRACTOR SERVICES AND RESPONSIBILITIES. EXHIBIT 1 City Council 11 – 4 9/16/2025 Initial if applicable ARTICLE II COMPENSATION ARTICLE III TERM, TERMINATION ARTICLE IV INDEMNITY AND INSURANCE EXHIBIT 1 City Council 11 – 5 9/16/2025 ARTICLE V INDEPENDENT CONTRACTOR ARTICLE VI MISCELLANEOUS PROVISIONS EXHIBIT 1 City Council 11 – 6 9/16/2025 To District:To Independent Contractor District Independent Contractor See attached signature page Alvaro Nuñez Alvaro Nuñez EXHIBIT 1 City Council 11 – 7 9/16/2025 ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ByfJud<_u ()JJi4_4_� -1i.JlL, Andrea Garcia-Miller Assistant City Attorney #398790vl CITY OF SANT A ANA Alvaro Nunez City Manager RECOMMENDED FOR APPROVAL: �� Michael L. Garcia Executive Director Conmrnnity Development Agency EXHIBIT 1 City Council 11 – 8 9/16/2025 Attachment 1. Page 1 of 3 Attachment 1. Services “CLIENT” “VENDOR” Company Name: Coast Community College District Company Name: City of Santa Ana Workforce Development Board Primary Contact: Stephanie Feger Primary Contact: Deborah Sanchez Address: 1370 Adams Avenue Costa Mesa, CA 92626 Address: 801 W. Civic Center Drive, Suite 200. Santa Ana, CA 92701 Phone number: (714) 438-4834 Phone number: (714) 565-2621 Email: sfeger@cccd.edu Email: DSanchez@santa-ana.org Services Effective Date: Date signed by the Chancellor Services Expiration Date: June 30, 2026 I. DESCRIPTION OF SERVICES The regional Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success project will address barriers that employers face in addressing workforce needs with community colleges and job centers including lack of clarity regarding who to contact and where to start and lack of familiarity with the current resources, skills, and level of preparedness of students and job seekers. The project will convene college, workforce, and industry partners to address key objectives focused on employer outreach and professional development components. Partners include the Orange County Workforce Development Boards, Anaheim, Santa Ana, and OC Workforce Solutions, who will work with Orange County community colleges to achieve these objectives. Three key objectives will guide this work, including: 1) Systems Building to provide expand regional industry advisories to prioritize Knowledge, Skills, and Abilities (KSAs) using the EXHIBIT 1 City Council 11 – 9 9/16/2025 Attachment 1. Page 2 of 3 Building Industry Leadership Teams (BILT) model and align this model with workforce employer advisory groups that gather input from industry; 2) Business/Client Services that build, leverage, and sustain high-impact practices for messaging and outreach to employers, and in coordinating regional career events; and 3) Resources and Training to promote shared understanding of workforce and education systems using the online OC Works hub and career services tools. The City of Santa Ana Workforce Development Board shall perform the following services: 1. Systems Building a) Support development of regional advisory process. Identify subject matter experts to participate in regional advisories and assist in facilitating Building Industry Leadership Teams (BILT) process to validate in-demand knowledge and skills for Orange County students and job seekers. b) Develop shared approaches and resources for regional advisories including access to relevant labor market information, industry trends data, and feedback from employer roundtables. 2. Business and Client Services Support a) Collaborate on sector strategies and align resources needed to jointly support community college and workforce employer outreach. This will include working with community college Talent Development Retention Directors (TDRDs), and employer engagement specialists to develop best practices for career services and job events. b) Coordinate joint local in-person meetings and web events to expand the number of employers listed on the OC Works map of employers. 3. Resources and Training a) Develop requirements and user stories on effectively using OC Works resources to guide students, job seekers, and coaches/college career services in navigating regional industry sectors, skills and certifications, and employment opportunities. b) Organize workforce initiatives including joint training for counseling and career services teams on using labor market information and case management. 4. Communication, Planning and Development Meetings The project team will collaborate through online meetings, design documents, emails, and calls to develop the agendas and trainings. In addition, Workforce Development partners will assist in reporting, planning data collection and evaluation activities for regional meetings. EXHIBIT 1 City Council 11 – 10 9/16/2025 Attachment 1. Page 3 of 3 II. DELIVERABLES AND TIMELINE 1. Systems Building Regional Advisory Partnerships August 2025-June 2026 Deliverables include two representatives from each Workforce Center completing a BILT training, and assisting with recruitment and facilitation of the KSA and industry trends meeting for the identified sectors. 2. Business and Client Services Support August 2025-June 2026 Deliverables include prioritizing and aligning sector strategies through shared data and updates at quarterly meetings with community college deans and directors. Collateral materials for outreach to employers highlighting workforce and community college collaboration. Coordinate monthly outreach events to employers including the addition of ten (10) new employers added to the OC Works map of employers. 3. Resources and Training August 2025-June 2026 Deliverables include collaborating on a joint training and best practices document for counseling and career services teams on using labor market information and case management. Publication of four user stories (career coaches and job seekers) on benefits of OC Works. 4. Planning Meetings and Communication August 2025- June 2026 Regular communication and meetings with project director and team. III. PAYMENT The Santa Ana Workforce Development Board will provide these services commencing upon the date the contract is signed by the Chancellor until June 30, 2026. Payment shall be made upon receipt of an invoice specifying this agreement number and expenditures for the period covered. The District will be billed a total of $50,000 for deliverables as outlined in this document. The workforce center will submit two invoices of $25,000 each, the first on September 18, 2025, and the second on May 15, 2026. All travel expenses are included in the total amount. Funding source: Strong Workforce Regional Funds Master Agreement DO-22-FASWPRFEE-01. EXHIBIT 1 City Council 11 – 11 9/16/2025 Planning and Building Agency www.santa-ana.org/pb Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Approval of Historic Property Preservation Agreements AGENDA TITLE Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street RECOMMENDED ACTION Authorize the City Manager or designee to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s) (Agreement No. A-2025-XXX and A-2025-XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 2025-29 and 2025-50 will be filed for the project.] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 2025-02 305 E. Washington Avenue 5:0:0:2 (Commissioners Rincon and Padilla absent) Vincent F. Sarmiento and Eva Casas- Sarmiento, Husband and Wife as Joint Tenants 2025-05 1617 E. Fourth Street 4:0:1:2 (Commissioners Rincon and Padilla absent and Commissioner Escamilla abstaining) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On July 9, 2025, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreements listed in Table 1, above, with the identified property owners for historic structure(s) in the City, subject to non-substantive changes approved by the City Manager and City Attorney. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) City Council 12 – 1 9/16/2025 Approval of Historic Property Preservation Agreements September 16, 2025 Page 2 5 2 9 6 which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: •ER No. 2025-29 (305 E. Washington Avenue) •ER No. 2025-50 (1617 E. Fourth Street) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $2,407.81 annually noted below, for a period of not less than ten years. HPPA No.Address Estimate Exhibit No. 2025-02 305 E. Washington Avenue $862.24 1-2 2025-04 1617 E. Fourth Street $1,545.57 3-4 Total for All Properties:$2,407.81 EXHIBITS 1. Mills Act Agreement – 305 E. Washington Avenue 2. HRC Staff Report – 305 E. Washington Avenue 3. Mills Act Agreement – 1617 E. Fourth Street 4. HRC Staff Report – 1617 E. Fourth Street Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency Approved By: Alvaro Nuñez, City Manager City Council 12 – 2 9/16/2025 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerks Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (Agreement) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as City), and Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust, (hereinafter collectively referred to as Owner), owner of real property located at 305 East Washington Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A.The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the Mills Act) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B.The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 305 East Washington Avenue, Santa Ana, California, Santa Ana, CA, 92701 and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and hereinafter referred to as the Historic Property. C.The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 12 – 3 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 17, 2025, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of Citys notice of nonrenewal, the Owner may file a written protest of Citys decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the Historical Property Description attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 12 – 4 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 3 - b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interiors Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interiors Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owners compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, Proposed Structure and Site Improvements and the City Council Historic Property Preservation Agreement (HPPA No. 2025-02) staff report dated September 16, 2025. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to City Council 12 – 5 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 4 - deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in Citys regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 305 East Washington Avenue, Santa Ana, California, Assessor Parcel Number, 398-134-11, and more particularly City Council 12 – 6 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 5 - described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owners successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owners representative shall provide the buyer of this property with notice that the property is listed on the Citys historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerks Office Owners: Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 305 E Washington Avenue Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor City Council 12 – 7 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 6 - shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. City Council 12 – 8 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 7 - This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 12 – 9 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk City Manager OWNER Date: ______________________ _________________________ DANIEL PHAN NGUYEN TRUSTEE TO THE 305 E. WASHINGTON AVE GRANTOR TRUST APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA ALI PEZESHKPOUR Deputy City Attorney Executive Director Planning and Building Agency City Council 12 – 10 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 109.45 OF LOT 1 AND THE SOUTH 109.45 FEET OF THE WEST 10 FEET OF LOT 2 OF THE SPURGEON STREET TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 6 PAGE (S) 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessors Parcel Number: 398-134-11 City Council 12 – 11 9/16/2025 EXECUTIVE SUMMARY WILSON HOUSE 305 East Washington Avenue Santa Ana, CA 92701 NAME Wilson House REF. NO. ADDRESS 305 East Washington Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1921 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Wilson House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of the Colonial Revival style. Additionally, the Wilson House has been categorized as Key for its distinctive architectural style and quality, as a representative example of the Colonial Revival style of the early 1920s (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. Exhibit B City Council 12 – 12 9/16/2025 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Wilson House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5 Quad TCA 1725 Date: *c. Address 305 East Washington Avenue City Santa Ana Zip 92701 *e. Other Locational Data: 398-134-11 SPURGEON ST TR LOT 1 S 109.45 FT THEREOF (LOT 2 W FT S 109.45 FT THEREOF) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story Colonial Revival house features a clipped, side-gabled roof with cornice returns and a plain frieze. A similarly styled offset front porch is attached to the eastern two-thirds of the primary (south) elevation. Exteriors are sheathed in narrow clapboard with a belt course dividing the two floors. Tripartite windows consisting of fixed center panes flanked by double-hung sash are located east and west of the central entrance. Other windows vary between double-hung sash and casements, arranged in singles or pairs, and are divided by vertical and horizontal muntins in the Craftsman manner. Tuscan columns resting on a concrete porch floor support the projecting front-gabled porch roof. Concrete steps with non-original wrought iron railings lead to the porch entrance where a screen door has been placed in front of a wood door with three center lights. A painted exterior brick chimney pierces the roof edge on the west elevation. Secondary elevations contain smaller, double-hung windows. In 1947 an addition was constructed, perhaps at the rear. Other than the railings, the house appears original and in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) South and west elevations June 2002 *P6. Date Constructed/Age and Sources: historic 1921/ Source: City of Santa Ana Building Permits. *P7. Owner and Address: Ray E. Cook 305 East Washington Avenue Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 8, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter none) Marsh, Diann. French Park Historic District. National Register Nomination Form, February 1998. *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95) *Required information P5a. Photo Exhibit B City Council 12 – 13 9/16/2025 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_1D__________________________ *Resource Name or #: Wilson House B1. Historic Name: Wilson House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): December, 1921. Residence. May 18, 1933. Rebuild chimney. August 11, 1947. Addition to residence 36 x 9. *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Wilson House is significant as a representative example of a Colonial Revival house from the early 1920s in Santa Ana. It is also important as a contributor to the French Park Historic District. According to previous research, the original owners were Roscoe and Grace Wilson, who also developed houses at 1227 and 1229 North French Street at around the same time. The Wilsons resided in this house until at least 1947. Mr. Wilson was president of the Santa Ana Preserving Company on Fruit Street before founding The Wilson Company, a manufacturer of perfumes and toiletries also located on Fruit Street. He continued with The Wilson Company into the 1940s (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: July 8, 2002 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Wilson House 305 East Washington Avenue City Council 12 – 14 9/16/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Wilson House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date July 8, 2002 Continuation Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of Santa Ana East never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a Whos Who of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the Nob Hill of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Wilson House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of a Colonial Revival residence from the early 1920s. Additionally, the house has been categorized as Key for its distinctive architectural style and quality. Characteristic Colonial Revival features include the clipped, side-gabled roof (also known as a jerkinhead roof), boxed cornices, broad front-gabled porch with Tuscan supports, and exterior brick chimney . Character-defining exterior features of the Wilson House that should be preserved include, but may not be limited to: sheathing (clapboard); roof configuration; massing; windows; porch; and architectural details such as boxed cornices and Tuscan columns. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form. Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. Instructions for Recording Historical Resources. Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. City Council 12 – 15 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interiors Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with City Council 12 – 16 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 12 – 17 9/16/2025 Exhibit D: Proposed Structure and Site Improvements (Work Plan) 305 East Washington Avenue Item Year Improvement 1 2025 Repair chipped wood at interior porch roof 2 2026 Repair or replace side yard fence. If replacement fence is proposed, new fence shall be compatible in design and materials and meet municipal code for maximum allowed height, as approved by Planning staff. 3 2027 Repair cracked pavement in front walkway, porch foundation, porch steps, and porch. In-kind replacement if portions are deteriorated beyond repair. 4 2027 Repair existing wood siding throughout residence as needed 5 2027 Wood window and wood trim maintenance and in-kind repair as needed 6 2028 Repaint exterior with color palette compatible with the Colonial Revival style 7 2029 Repair the building foundations cracked concrete 8 2030 Replace exterior security lights and cameras to better match the historic property 9 2031 Replace metal hand rails and guardrails at rear exterior staircase/raised deck with material and design to better match historic property, subject to Planning Division staff review and approval. City Council 12 – 18 9/16/2025 EXECUTIVE SUMMARY WILSON HOUSE 305 East Washington Avenue Santa Ana, CA 92701 NAME Wilson House REF. NO. ADDRESS 305 East Washington Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1921 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Wilson House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of the Colonial Revival style. Additionally, the Wilson House has been categorized as “Key” for its “distinctive architectural style and quality,” as a representative example of the Colonial Revival style of the early 1920s (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: x National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. x National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. City Council 12 – 19 9/16/2025 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Wilson House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 305 East Washington Avenue City Santa Ana Zip 92701 *e. Other Locational Data: 398-134-11 SPURGEON ST TR LOT 1 S 109.45 FT THEREOF (LOT 2 W FT S 109.45 FT THEREOF) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story Colonial Revival house features a clipped, side-gabled roof with cornice returns and a plain frieze. A similarly styled offset front porch is attached to the eastern two-thirds of the primary (south) elevation. Exteriors are sheathed in narrow clapboard with a belt course dividing the two floors. Tripartite windows consisting of fixed center panes flanked by double-hung sash are located east and west of the central entrance. Other windows vary between double-hung sash and casements, arranged in singles or pairs, and are divided by vertical and horizontal muntins in the Craftsman manner. Tuscan columns resting on a concrete porch floor support the projecting front-gabled porch roof. Concrete steps with non-original wrought iron railings lead to the porch entrance where a screen door has been placed in front of a wood door with three center lights. A painted exterior brick chimney pierces the roof edge on the west elevation. Secondary elevations contain smaller, double-hung windows. In 1947 an addition was constructed, perhaps at the rear. Other than the railings, the house appears original and in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) South and west elevations June 2002 *P6. Date Constructed/Age and Sources: historic 1921/ Source: City of Santa Ana Building Permits. *P7. Owner and Address: Ray E. Cook 305 East Washington Avenue Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 8, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95) *Required information P5a. Photo City Council 12 – 20 9/16/2025 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_1D__________________________ *Resource Name or #: Wilson House B1. Historic Name: Wilson House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): December, 1921. Residence. May 18, 1933. Rebuild chimney. August 11, 1947. Addition to residence 3’6” x 9’. *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Wilson House is significant as a representative example of a Colonial Revival house from the early 1920s in Santa Ana. It is also important as a contributor to the French Park Historic District. According to previous research, the original owners were Roscoe and Grace Wilson, who also developed houses at 1227 and 1229 North French Street at around the same time. The Wilsons resided in this house until at least 1947. Mr. Wilson was president of the Santa Ana Preserving Company on Fruit Street before founding The Wilson Company, a manufacturer of perfumes and toiletries also located on Fruit Street. He continued with The Wilson Company into the 1940s (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: July 8, 2002 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Wilson House 305 East Washington Avenue City Council 12 – 21 9/16/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Wilson House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date July 8, 2002 _ Continuation Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Wilson House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of a Colonial Revival residence from the early 1920s. Additionally, the house has been categorized as “Key” for its distinctive architectural style and quality. Characteristic Colonial Revival features include the clipped, side-gabled roof (also known as a “jerkinhead roof”), boxed cornices, broad front-gabled porch with Tuscan supports, and exterior brick chimney . Character-defining exterior features of the Wilson House that should be preserved include, but may not be limited to: sheathing (clapboard); roof configuration; massing; windows; porch; and architectural details such as boxed cornices and Tuscan columns. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. City Council 12 – 22 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with City Council 12 – 23 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 12 – 24 9/16/2025 Exhibit D: Proposed Structure and Site Improvements (“Work Plan”) 305 East Washington Avenue Item Year Improvement 1 2025 Repair chipped wood at interior porch roof 2 2026 Repair or replace side yard fence. If replacement fence is proposed, new fence shall be compatible in design and materials and meet municipal code for maximum allowed height, as approved by Planning staff. 3 2027 Repair cracked pavement in front walkway, porch foundation, porch steps, and porch. In-kind replacement if portions are deteriorated beyond repair. 4 2027 Repair existing wood siding throughout residence as needed 5 2027 Wood window and wood trim maintenance and in-kind repair as needed 6 2028 Repaint exterior with color palette compatible with the Colonial Revival style 7 2029 Repair the building foundation’s cracked concrete 8 2030 Replace exterior security lights and cameras to better match the historic property 9 2031 Replace metal hand rails and guardrails at rear exterior staircase/raised deck with material and design to better match historic property, subject to Planning Division staff review and approval. City Council 12 – 25 9/16/2025 Planning and Building Agency Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 9, 2025 Topic: HPPA No. 2025-02 – The Wilson House (305 E. Washington Avenue) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust, for the property located at 305 E. Washington Avenue, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Daniel Phan Nguyen is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 305 E. Washington Avenue that is currently listed on the Santa Ana Register of Historical Properties and is categorized as Key. DISCUSSION Project Location and Site Description The subject property, known as the Wilson House, consists of an existing two-story Colonial Revival style residence that is approximately 2,117 square feet in size on a 6,431-square- foot residential lot. The Wilson House was added to the Santa Ana Register of Historical Properties (“Register”) in 2002 and categorized as “Key.” Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement City Council 12 – 26 9/16/2025 HPPA No. 2025-02 – The Wilson House (305 E. Washington Avenue) July 9, 2025 Page 2 generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2002, the Historic Resources Commission placed the Wilson House on the Register and within the “Key” category for its distinctive architectural style and quality as an intact and representative example of a Colonial Revival residence from the early 1920s. Character-defining exterior features of the Wilson House that should be preserved include, but may not be limited to: sheathing (clapboard); roof configuration; massing; windows; porch; and architectural details such as boxed cornices and Tuscan columns. In 1933, a permit was issued to rebuild the chimney. In 1947, a permit was issued for a 3-foot-6-inch by 9-foot addition. During the 2025 site visit, staff noted the existing chimney and what could have been the 1947 addition at the rear, both of which are consistent with the Secretary of Interior Standards for Rehabilitation. In 2010, a permit was finaled for a composition shingle reroof and was noted during the 2025 staff site visit. Additionally, during the 2025 site visit, staff noted cracked paving at the front walkway, porch foundation, porch steps, porch floor, and building foundation. Staff will work with the property owner to address these concerns as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. Additional future improvements proposed by staff and agreed to by the homeowner during the initial ten years of the Mills Act Agreement include interior porch roof repair, repair or replace side yard fence, wood siding and wood window maintenance and repair, exterior repainting with period-appropriate color palette, security lighting replacement with compatible style lighting, replace metal handrail and guardrails at property’s rear with compatibly designed replacements, and general on-going maintenance. Staff will ensure that the proposed work will be performed sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. City Council 12 – 27 9/16/2025 HPPA No. 2025-02 – The Wilson House (305 E. Washington Avenue) July 9, 2025 Page 3 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-29, will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $862.24 annually, for a period of not less than ten years. EXHIBITS 1. Mills Act Agreement 2. Vicinity Map – 305 E. Washington Avenue 3. Site Photos – 305 E. Washington Avenue 4. Action Minutes HRC (305 E. Washington Avenue) Submitted By: James Williams, Contract Planner Approved By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency City Council 12 – 28 9/16/2025 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerks Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (Agreement) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as City), and Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust, (hereinafter collectively referred to as Owner), owner of real property located at 305 East Washington Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A.The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the Mills Act) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B.The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 305 East Washington Avenue, Santa Ana, California, Santa Ana, CA, 92701 and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and hereinafter referred to as the Historic Property. C.The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 12 – 29 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 17, 2025, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of Citys notice of nonrenewal, the Owner may file a written protest of Citys decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the Historical Property Description attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 12 – 30 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 3 - b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interiors Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interiors Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owners compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, Proposed Structure and Site Improvements and the City Council Historic Property Preservation Agreement (HPPA No. 2025-02) staff report dated September 16, 2025. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to City Council 12 – 31 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 4 - deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in Citys regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 305 East Washington Avenue, Santa Ana, California, Assessor Parcel Number, 398-134-11, and more particularly City Council 12 – 32 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 5 - described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owners successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owners representative shall provide the buyer of this property with notice that the property is listed on the Citys historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerks Office Owners: Daniel Phan Nguyen, Trustee to The 305 E. Washington Ave Grantor Trust 305 E Washington Avenue Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor City Council 12 – 33 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 6 - shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. City Council 12 – 34 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 7 - This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 12 – 35 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk City Manager OWNER Date: ______________________ _________________________ DANIEL PHAN NGUYEN TRUSTEE TO THE 305 E. WASHINGTON AVE GRANTOR TRUST APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA ALI PEZESHKPOUR Deputy City Attorney Executive Director Planning and Building Agency City Council 12 – 36 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 109.45 OF LOT 1 AND THE SOUTH 109.45 FEET OF THE WEST 10 FEET OF LOT 2 OF THE SPURGEON STREET TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 6 PAGE (S) 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessors Parcel Number: 398-134-11 City Council 12 – 37 9/16/2025 EXECUTIVE SUMMARY WILSON HOUSE 305 East Washington Avenue Santa Ana, CA 92701 NAME Wilson House REF. NO. ADDRESS 305 East Washington Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1921 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Wilson House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of the Colonial Revival style. Additionally, the Wilson House has been categorized as Key for its distinctive architectural style and quality, as a representative example of the Colonial Revival style of the early 1920s (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. Exhibit B City Council 12 – 38 9/16/2025 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Wilson House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5 Quad TCA 1725 Date: *c. Address 305 East Washington Avenue City Santa Ana Zip 92701 *e. Other Locational Data: 398-134-11 SPURGEON ST TR LOT 1 S 109.45 FT THEREOF (LOT 2 W FT S 109.45 FT THEREOF) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story Colonial Revival house features a clipped, side-gabled roof with cornice returns and a plain frieze. A similarly styled offset front porch is attached to the eastern two-thirds of the primary (south) elevation. Exteriors are sheathed in narrow clapboard with a belt course dividing the two floors. Tripartite windows consisting of fixed center panes flanked by double-hung sash are located east and west of the central entrance. Other windows vary between double-hung sash and casements, arranged in singles or pairs, and are divided by vertical and horizontal muntins in the Craftsman manner. Tuscan columns resting on a concrete porch floor support the projecting front-gabled porch roof. Concrete steps with non-original wrought iron railings lead to the porch entrance where a screen door has been placed in front of a wood door with three center lights. A painted exterior brick chimney pierces the roof edge on the west elevation. Secondary elevations contain smaller, double-hung windows. In 1947 an addition was constructed, perhaps at the rear. Other than the railings, the house appears original and in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) South and west elevations June 2002 *P6. Date Constructed/Age and Sources: historic 1921/ Source: City of Santa Ana Building Permits. *P7. Owner and Address: Ray E. Cook 305 East Washington Avenue Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 8, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter none) Marsh, Diann. French Park Historic District. National Register Nomination Form, February 1998. *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95) *Required information P5a. Photo Exhibit B City Council 12 – 39 9/16/2025 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_1D__________________________ *Resource Name or #: Wilson House B1. Historic Name: Wilson House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): December, 1921. Residence. May 18, 1933. Rebuild chimney. August 11, 1947. Addition to residence 36 x 9. *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Wilson House is significant as a representative example of a Colonial Revival house from the early 1920s in Santa Ana. It is also important as a contributor to the French Park Historic District. According to previous research, the original owners were Roscoe and Grace Wilson, who also developed houses at 1227 and 1229 North French Street at around the same time. The Wilsons resided in this house until at least 1947. Mr. Wilson was president of the Santa Ana Preserving Company on Fruit Street before founding The Wilson Company, a manufacturer of perfumes and toiletries also located on Fruit Street. He continued with The Wilson Company into the 1940s (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: July 8, 2002 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Wilson House 305 East Washington Avenue City Council 12 – 40 9/16/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Wilson House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date July 8, 2002 Continuation Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of Santa Ana East never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a Whos Who of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the Nob Hill of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Wilson House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of a Colonial Revival residence from the early 1920s. Additionally, the house has been categorized as Key for its distinctive architectural style and quality. Characteristic Colonial Revival features include the clipped, side-gabled roof (also known as a jerkinhead roof), boxed cornices, broad front-gabled porch with Tuscan supports, and exterior brick chimney . Character-defining exterior features of the Wilson House that should be preserved include, but may not be limited to: sheathing (clapboard); roof configuration; massing; windows; porch; and architectural details such as boxed cornices and Tuscan columns. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form. Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. Instructions for Recording Historical Resources. Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. City Council 12 – 41 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interiors Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with City Council 12 – 42 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 12 – 43 9/16/2025 Exhibit D: Proposed Structure and Site Improvements (Work Plan) 305 East Washington Avenue Item Year Improvement 1 2025 Repair chipped wood at interior porch roof 2 2026 Repair or replace side yard fence. If replacement fence is proposed, new fence shall be compatible in design and materials and meet municipal code for maximum allowed height, as approved by Planning staff. 3 2027 Repair cracked pavement in front walkway, porch foundation, porch steps, and porch. In-kind replacement if portions are deteriorated beyond repair. 4 2027 Repair existing wood siding throughout residence as needed 5 2027 Wood window and wood trim maintenance and in-kind repair as needed 6 2028 Repaint exterior with color palette compatible with the Colonial Revival style 7 2029 Repair the building foundations cracked concrete 8 2030 Replace exterior security lights and cameras to better match the historic property 9 2031 Replace metal hand rails and guardrails at rear exterior staircase/raised deck with material and design to better match historic property, subject to Planning Division staff review and approval. City Council 12 – 44 9/16/2025 EXECUTIVE SUMMARY WILSON HOUSE 305 East Washington Avenue Santa Ana, CA 92701 NAME Wilson House REF. NO. ADDRESS 305 East Washington Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1921 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Wilson House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of the Colonial Revival style. Additionally, the Wilson House has been categorized as “Key” for its “distinctive architectural style and quality,” as a representative example of the Colonial Revival style of the early 1920s (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: x National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. x National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. City Council 12 – 45 9/16/2025 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Wilson House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 305 East Washington Avenue City Santa Ana Zip 92701 *e. Other Locational Data: 398-134-11 SPURGEON ST TR LOT 1 S 109.45 FT THEREOF (LOT 2 W FT S 109.45 FT THEREOF) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story Colonial Revival house features a clipped, side-gabled roof with cornice returns and a plain frieze. A similarly styled offset front porch is attached to the eastern two-thirds of the primary (south) elevation. Exteriors are sheathed in narrow clapboard with a belt course dividing the two floors. Tripartite windows consisting of fixed center panes flanked by double-hung sash are located east and west of the central entrance. Other windows vary between double-hung sash and casements, arranged in singles or pairs, and are divided by vertical and horizontal muntins in the Craftsman manner. Tuscan columns resting on a concrete porch floor support the projecting front-gabled porch roof. Concrete steps with non-original wrought iron railings lead to the porch entrance where a screen door has been placed in front of a wood door with three center lights. A painted exterior brick chimney pierces the roof edge on the west elevation. Secondary elevations contain smaller, double-hung windows. In 1947 an addition was constructed, perhaps at the rear. Other than the railings, the house appears original and in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) South and west elevations June 2002 *P6. Date Constructed/Age and Sources: historic 1921/ Source: City of Santa Ana Building Permits. *P7. Owner and Address: Ray E. Cook 305 East Washington Avenue Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 8, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95) *Required information P5a. Photo City Council 12 – 46 9/16/2025 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_1D__________________________ *Resource Name or #: Wilson House B1. Historic Name: Wilson House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): December, 1921. Residence. May 18, 1933. Rebuild chimney. August 11, 1947. Addition to residence 3’6” x 9’. *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Wilson House is significant as a representative example of a Colonial Revival house from the early 1920s in Santa Ana. It is also important as a contributor to the French Park Historic District. According to previous research, the original owners were Roscoe and Grace Wilson, who also developed houses at 1227 and 1229 North French Street at around the same time. The Wilsons resided in this house until at least 1947. Mr. Wilson was president of the Santa Ana Preserving Company on Fruit Street before founding The Wilson Company, a manufacturer of perfumes and toiletries also located on Fruit Street. He continued with The Wilson Company into the 1940s (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: July 8, 2002 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Wilson House 305 East Washington Avenue City Council 12 – 47 9/16/2025 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Wilson House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date July 8, 2002 _ Continuation Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Wilson House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of a Colonial Revival residence from the early 1920s. Additionally, the house has been categorized as “Key” for its distinctive architectural style and quality. Characteristic Colonial Revival features include the clipped, side-gabled roof (also known as a “jerkinhead roof”), boxed cornices, broad front-gabled porch with Tuscan supports, and exterior brick chimney . Character-defining exterior features of the Wilson House that should be preserved include, but may not be limited to: sheathing (clapboard); roof configuration; massing; windows; porch; and architectural details such as boxed cornices and Tuscan columns. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. City Council 12 – 48 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with City Council 12 – 49 9/16/2025 MILLS ACT AGREEMENT 305 East Washington Avenue Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 12 – 50 9/16/2025 Exhibit D: Proposed Structure and Site Improvements (“Work Plan”) 305 East Washington Avenue Item Year Improvement 1 2025 Repair chipped wood at interior porch roof 2 2026 Repair or replace side yard fence. If replacement fence is proposed, new fence shall be compatible in design and materials and meet municipal code for maximum allowed height, as approved by Planning staff. 3 2027 Repair cracked pavement in front walkway, porch foundation, porch steps, and porch. In-kind replacement if portions are deteriorated beyond repair. 4 2027 Repair existing wood siding throughout residence as needed 5 2027 Wood window and wood trim maintenance and in-kind repair as needed 6 2028 Repaint exterior with color palette compatible with the Colonial Revival style 7 2029 Repair the building foundation’s cracked concrete 8 2030 Replace exterior security lights and cameras to better match the historic property 9 2031 Replace metal hand rails and guardrails at rear exterior staircase/raised deck with material and design to better match historic property, subject to Planning Division staff review and approval. City Council 12 – 51 9/16/2025 500’ RADIUS SITE P L A N N I N G AND B U I L D I N G A G E N C Y HPPA 2025-02 305 EAST WASHINGTON AVENUE WILSON HOUSE City Council 12 – 52 9/16/2025 HPPA-2025-02 The Wilson House – 305 East Washington Avenue SITE PHOTOS EXHIBIT 3 City Council 12 – 53 9/16/2025 City Council 12 – 54 9/16/2025 City Council 12 – 55 9/16/2025 City Council 12 – 56 9/16/2025 City Council 12 – 57 9/16/2025 City Council 12 – 58 9/16/2025 City Council 12 – 59 9/16/2025 City Council 12 – 60 9/16/2025 City Council 12 – 61 9/16/2025 City Council 12 – 62 9/16/2025 City Council 12 – 63 9/16/2025 City Council 12 – 64 9/16/2025 City Council 12 – 65 9/16/2025 City Council 12 – 66 9/16/2025 City Council 12 – 67 9/16/2025 City Council 12 – 68 9/16/2025 City Council 12 – 69 9/16/2025 City Council 12 – 70 9/16/2025 City Council 12 – 71 9/16/2025 City Council 12 – 72 9/16/2025 City Council 12 – 73 9/16/2025 City Council 12 – 74 9/16/2025 Planning and Building Agency Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 9, 2025 Topic: HPPA No. 2025-05 – The Borchard House (1617 E. Fourth Street) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Vincent F. Sarmiento and Eva Casas-Sarmiento, for the property located at 1617 E. Fourth Street, subject to non- substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Vincent F. Sarmiento and Eva Casas-Sarmiento are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 1617 E. Fourth Street that is currently listed on the Santa Ana Register of Historical Properties and is categorized as Landmark. DISCUSSION Project Location and Site Description The subject property, known as the Borchard House, consists of an existing two-story Spanish Colonial Revival-style residence and secondary building that are a combined 4,606 square feet in size located on a 26,500-square-foot residential lot. The Borchard House was added to the Santa Ana Register of Historical Properties (“Register”) in 2004 and categorized as “Landmark,” as recorded in Historical Resources Commission meeting minutes dated March 4, 2004 and pertaining to Historic Resources Commission Application No. 2003-02 and Historic Register Categorization No. 2003-02 (Exhibit 4). Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for City Council 12 – 75 9/16/2025 HPPA No. 2025-05 – The Borchard House (1617 E. Fourth Street) July 9, 2025 Page 2 the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2004, the Historic Resources Commission placed the Borchard House on the Register and within the “Landmark” category as the work of renowned Santa Ana Architect Frederick Eley and for its unique architectural quality as a highly intact and finely detailed example of Eley’s interpretation of the Spanish Colonial Revival style applied to a large residential commission. All original exterior features of the Borchard House are character- defining and should be preserved including, but not be limited to: materials and finishes; roof configuration, materials, and detailing; massing; entry configuration and detailing; porte cochere; windows, doors, and balconies; architectural details such as columns; corbels, archivolt, and wrought ironwork; garage/guest house; and original landscape features such as the pergola, driveway, palm trees and other mature trees. In 2004, building permits were issued for the repair of fire-damaged rafters, joists, and tiles. No other exterior alterations were documented in City building permits or observed during the site inspection conducted in 2025. Additionally, during the 2025 site visit, Planning Division staff noted cracked paving at the front and rear walkways, porch steps, porch floor, porch alcove walls, and stucco siding at several locations. In addition, peeling, cracked, blistered, and/or discolored paint was observed in several locations, including the exterior walls, fascia, and window frames and sashes of the primary and secondary buildings were observed. Finally, Planning Division staff noted the water heater at the rear of the secondary building was not situated in a permanent enclosure. Planning Division staff will work with the property owner to address these items as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. Additional future improvements proposed by Planning Division staff and agreed to by the homeowner during the initial ten years of the Mills Act Agreement include repair of porch steps, floor, and walls; repair, repainting, and/or replacement of rain gutters, fascia, and windows; repair of cracks in concrete walkways and similar paved surfaces; repair and repainting of exterior wall stucco; and construction of a permanent, stucco-clad enclosure for the water heater located at the rear of the secondary building. Staff will ensure that the proposed work will be performed sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property. City Council 12 – 76 9/16/2025 HPPA No. 2025-05 – The Borchard House (1617 E. Fourth Street) July 9, 2025 Page 3 As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-50, will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,545.57 annually, for a period of not less than ten years. EXHIBITS 1. Mills Act Agreement 2. Vicinity Map – 1617 E. Fourth Street 3. Site Photos – 1617 E. Fourth Street 4. Action Minutes HRC (1617 E. Fourth Street) Submitted By: James Williams, Contract Planner Approved By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency City Council 12 – 77 9/16/2025 City Council 12 – 78 9/16/2025 City Council 12 – 79 9/16/2025 City Council 12 – 80 9/16/2025 City Council 12 – 81 9/16/2025 City Council 12 – 82 9/16/2025 City Council 12 – 83 9/16/2025 City Council 12 – 84 9/16/2025 City Council 12 – 85 9/16/2025 City Council 12 – 86 9/16/2025 City Council 12 – 87 9/16/2025 City Council 12 – 88 9/16/2025 City Council 12 – 89 9/16/2025 City Council 12 – 90 9/16/2025 City Council 12 – 91 9/16/2025 City Council 12 – 92 9/16/2025 City Council 12 – 93 9/16/2025 500’ RADIUS SITE P L A N N I N G AND B U I L D I N G A G E N C Y HPPA 2025-05 1617 EAST FOURTH STREET BORCHARD HOUSE City Council 12 – 94 9/16/2025 HPPA-2025-05 The Borchard House – 1617 E. Fourth Street SITE PHOTOS EXHIBIT 3 City Council 12 – 95 9/16/2025 City Council 12 – 96 9/16/2025 City Council 12 – 97 9/16/2025 City Council 12 – 98 9/16/2025 City Council 12 – 99 9/16/2025 City Council 12 – 100 9/16/2025 City Council 12 – 101 9/16/2025 City Council 12 – 102 9/16/2025 City Council 12 – 103 9/16/2025 City Council 12 – 104 9/16/2025 City Council 12 – 105 9/16/2025 City Council 12 – 106 9/16/2025 City Council 12 – 107 9/16/2025 City Council 12 – 108 9/16/2025 City Council 12 – 109 9/16/2025 City Council 12 – 110 9/16/2025 City Council 12 – 111 9/16/2025 City Council 12 – 112 9/16/2025 City Council 12 – 113 9/16/2025 City Council 12 – 114 9/16/2025 City Council 12 – 115 9/16/2025 City Council 12 – 116 9/16/2025 City Council 12 – 117 9/16/2025 City Council 12 – 118 9/16/2025 City Council 12 – 119 9/16/2025 City Council 12 – 120 9/16/2025 City Council 12 – 121 9/16/2025 City Council 12 – 122 9/16/2025 City Council 12 – 123 9/16/2025 City Council 12 – 124 9/16/2025 City Council 12 – 125 9/16/2025 City Council 12 – 126 9/16/2025 City Council 12 – 127 9/16/2025 City Council 12 – 128 9/16/2025 City Council 12 – 129 9/16/2025 City Council 12 – 130 9/16/2025 Police Department www.santa-ana.org/pd Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Inmate Health Care Services AGENDA TITLE First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide heath care services to inmates and detainees housed at the Santa Ana Jail and exercise the first one-year renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City’s sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION California’s Board of State and Community Corrections (BSCC) requires agencies to provide basic and emergency health care services for all incarcerated individuals held within their custody. Current City initiatives addressing quality of life and public nuisances have necessitated an elevated level of care for short-term arrestees. On September 20, 2022, the City Council approved a three-year agreement with California Forensic Medical Group, Inc. and Wellpath (CFMG) to provide these services at the Santa Ana Jail after a competitive request for proposals process. CFMG’s services include direct patient care, a sick call program, health assessments, administration of medications, on-site dental services, and mental health care. Throughout the past three years, as the City’s enforcement activity placed greater emphasis on quality-of-life issues and public nuisances, medical staffing levels have been adjusted to address the increased workload and associated medical concerns while ensuring an appropriate standard of initial care. Additionally, the rise in overall City Council 13 – 1 9/16/2025 Inmate Health Care Services September 16, 2025 Page 2 5 3 2 2 arrests during this period further necessitated enhancements to medical staffing to maintain timely and effective services. CFMG has proven reliable and flexible in the face of changing patient needs. During the initial term of this agreement, CFMG has provided exceptional service to the City. Therefore, the department recommends exercising the first one-year extension option to renew this agreement from October 1, 2025 through September 30, 2026 in an annual amount of $3,523,310. The total not-to-exceed amount for this agreement will increase to $13,843,556 and includes an additional $250,000 for emergency or other necessary services provided by CFMG at the City’s sole discretion during the term of the agreement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 2025-26 budget and funding for subsequent fiscal year will be included in the proposed budget for City Council consideration. Fiscal Year Accounting Unit – Account No. Fund Description Accounting Unit, Account No. Description Amount FY 25-26 01114475-62300 General Fund Jail Operations, Contract Services-Professional $2,842,482 FY 26-27 01114475-62300 General Fund Jail Operations, Contract Services-Professional $ 930,828 Total $3,773,310 The amounts above include estimates for possible emergency or other necessary services and are subject to change. EXHIBIT(S) 1. First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nuñez, City Manager City Council 13 – 2 9/16/2025 Docusign Envelope ID : 4E85DF72-FC46-4EC7-841A-13E64046841 F FIRST AMENDMENT TO THE AGREEMENT WITH CALIFORNIA FORENSIC MEDICAL GROUP, INC. AND WELLPATH FOR INMATE HEALTH CARE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on September 16, 2025, by and between California Forensic Medical Group , Inc., and Wellpath (hereinafter referred to as, "Contractor" or "CFMG"), a California Professional Medical Corporation and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). WHEREAS, the patties entered into Agreement No. A-2022-187 on September 20, 2022, by which CFMG agreed to provide quality health chare to Inmates and Detainees ("City Inmates/Detainees") housed at the Santa Ana Detention Facility ("Agreement"); and WHEREAS, the term of the Agreement commenced on October 1, 2022 and continues for a three-year period until September 30, 2025 with the option to renew the term of the Agreement for up to two (2) additional one-year periods; and WHEREAS, the Agreement is current and in-effect and the patties agree to exercise the first one-year renewal of the Agreement, and the Contractor has agreed to continue providing services during that period; and WHEREAS, the Patties have mutually agreed to recognize modifications to the staffing matrix more effectively aligning resources to needs , and have determined these changes to be cost-neutral; and WHEREAS, in accordance with Section 11 .17 , the Patties desire to amend the Agreement to memorialize such changes . NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor agree as follows: 1. AMEND SECTION 9.0, TERM. The patties agree to exercise the first of two (2) additional one-year periods to renew the term of the Agreement through September 30, 2026. 2. AMEND ARTICLE VIII -COMPENSATION AND ADJUSTMENTS. Pursuant to Section 9.0.1. upon the renewal of the Agreement, the parties agree to amend Article VIII -Compensation and Adjustments. In accordance with the provisions of Section 9.0.1.1 -CPI INCREASES, the annual compensation amount is increased by 4%, resulting in an annual amount of $3 ,523,309.92, payable in 12 monthly installments of $293,609.16. The total amount to be expended during the term of this Agreement is amended to $13,843,555.92 inclusive of an additional $250 ,000 for emergency or other necessary services provided by CFMG, during the term of this Agreement , at the City 's sole discretion. 3. AMEND SECTION 2.0, STAFFING HOURS. The Parties agree that the Staffing EXHIBIT 1 City Council 13 – 3 9/16/2025 City Council 13 – 4 9/16/2025 City Council 13 – 5 9/16/2025 Police Department www.santa-ana.org/pd Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Inmate Food and Commissary Services AGENDA TITLE Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25-038) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a three-year term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a “pass-through” account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION California’s Board of State and Community Corrections (BSCC) requires agencies to provide food services for all incarcerated individuals held within their custody. The Santa Ana Police Department currently has an agreement with Aramark Correctional Services, LLC that would have expired at the end of Fiscal Year 2024-25. On June 17, 2025, City Council approved an amendment to extend the term for an additional three months through September 30, 2025 to allow continuity of services and sufficient time to select a vendor and negotiate a new agreement. Request for Proposals (RFP) No. 25-038 was issued on March 17, 2025 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows: 81 Vendors notified 14 Santa Ana vendors notified 17 Vendors downloaded the bid packet City Council 14 – 1 9/16/2025 Inmate Food and Commissary Services September 16, 2025 Page 2 5 3 2 9 3 Bids received 0 Bids received from Santa Ana vendors Proposals were solicited, opened on April 22, 2025, and evaluated. Three proposals were submitted by the RFP deadline and all were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Staff recommends awarding an agreement to the highest ranked firm, Aramark Correctional Services, LLC (Aramark). Aramark has been a provider of inmate food services at the Santa Ana Jail since 1997 and has continued to perform these services in a professional and competent manner. As specified in the agreement, Aramark will prepare nutritious meals consistent with American Correctional Association standards, BSCC Title 15 regulations, and Orange County Health Department requirements. Specialized diets (medical, religious, and gluten-free) will be provided at no additional cost, with oversight by the Jail’s Operation Manager and contracted medical provider. Aramark will operate the inmate commissary program, offering a wide range of approved products including food, hygiene, stationery, and clothing items, while also administering specialized commissary programs that expand incarcerated persons’ access to supplemental food and personal items. Commissions generated from these sales are deposited into the Inmate Welfare Fund, which supports purchases that enhance safety and security, as well as fund programs and services for incarcerated persons, reducing reliance on the City’s General Fund. The programs offered to inmates include: •Fresh Favorites - Provides incarcerated persons the opportunity to purchase freshly prepared food items beyond the standard menu, offering access to home- style meals prepared by Aramark; •iCare Fresh - Allows family members to conveniently purchase meals online, which Aramark then prepares and delivers to the incarcerated person; •Go-Cart - A supplementary commissary tool that enables incarcerated persons to purchase select snack and convenience items later in the week, beyond the standard once-a-week commissary order. Aramark will also continue to operate the Code-7 Café staff cafeteria located within the Police Administration building and utilize on-site storage facilities. Aramark will pay the City $30,000 in annual rental fees for the Code-7 Café space and $24,000 in annual fees for use of the storage facilities. The agreement contains provisions for annual price adjustments tied to Consumer Price Index, Food Away From Home Index, and a “Market Basket of Products” methodology, ensuring alignment with national food cost trends. City Council 14 – 2 9/16/2025 Inmate Food and Commissary Services September 16, 2025 Page 3 5 3 2 9 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 25-26 budget and funding for subsequent fiscal years will be included in the proposed budget for City Council consideration as follows: Fiscal Year Accounting Unit – Account No. Fund Description Accounting Unit, Account Description Amount FY 25-26 01114475-62300 General Fund Jail Operations, Contract Services-Professional $1,212,666 FY 26-27 01114475-62300 General Fund Jail Operations, Contract Services-Professional $1,669,562 FY 27-28 01114475-62300 General Fund Jail Operations, Contract Services-Professional $1,745,450 FY 28-29 01114475-62300 General Fund Jail Operations, Contract Services-Professional $ 443,164 Total $5,070,842 The amounts above are estimates and subject to change. Payments to Aramark for commissary services will be paid by the inmates via the pass-through Trust and Agency account. Aramark’s annual payment of $24,000 to the City for the use of on-site storage facilities will be deposited into the General Fund Revenue account no. 01114002-57460. Code- 7 Café annual rental income of $30,000 from Aramark will be deposited into the General Fund Revenue account no. 01114002-57461. Any potential commission payable to the City from the implementation of Aramark’s Fresh Favorites, iCARE, iCARE Fresh, and Go-Cart programs will be deposited into the Inmate Welfare Fund Revenue account no. 02314002-57403. EXHIBIT(S) 1. Agreement with Aramark Correctional Services, LLC Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nuñez, City Manager City Council 14 – 3 9/16/2025 OPERATING AGREEMENT (FOOD AND COMMISSARY SERVICES) This OPERATING AGREEMENT (the “Agreement”) is made as of October 1, 2025 between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (the “City”), and ARAMARK CORRECTIONAL SERVICES, LLC, a Delaware limited liability company, having a place of business at 2400 Market Street, Philadelphia, Pennsylvania 19103 (“Aramark”). W I T N E S S E T H: 1. GRANT: The City hereby grants to Aramark the exclusive right to provide inmate food and commissary services (excluding vending machine operation) and to operate the Code-7 Café at the Santa Ana Jail Facility (the “Facility”) located at 62 Civic Center Plaza, Santa Ana, CA 92701 (the “Facility”). Aramark hereby agrees to furnish nutritious, wholesome, and palatable food to such inmates in accordance with this Agreement. The food service shall meet all current standards as established by: A. The American Correctional Association. B. The Food and Nutritional Board of the National Academy Science as prescribed for inmates. C. The State of California Board of State and Community Corrections. Aramark shall provide a large selection of food, candy and gum, non-alcoholic beverages, health and drug items, and general merchandise, including quality brand name products (collectively, the “Products”), all of which shall be subject to the approval of the City. The City hereby approves all Products set forth on Attachment A attached hereto. 2. OPERATIONAL RESPONSIBILITIES: ARAMARK shall operate the Santa Ana Jail commissary, perform inmate meal preparation, and operate the Code-7 Cafe, as those services are set forth in the City’s Request for Proposal No. 25-038 (“RFP”) and ARAMARK's Technical Proposal for food Service Management dated April 15, 2025 (''ARAMARK's Proposal"), the details of which are on file at the Santa Ana Jail in the care of the Jail Administrator, and incorporated by reference to this Agreement. A. FACILITIES AND EQUIPMENT: The City shall at its expense provide Aramark with adequate preparation kitchen facilities at the Facility completely equipped and ready to operate, together with such heat, refrigeration and utilities services as may be reasonably required for the efficient performance of the Agreement. The City shall, at its expense, provide Aramark with existing office and on-site storage facilities at the Facility completely equipped and ready to operate together with such heat, and utilities services as may be reasonably required for the efficient performance of the Services. Aramark will pay the City Twenty-Four Thousand Dollars ($24,000.00) annually for the use of the City’s on-site storage facilities, to be paid in monthly installments of Two Thousand Dollars ($2,000.00). EXHIBIT 1 City Council 14 – 4 9/16/2025 Aramark shall be responsible for long-distance telephone service. Aramark shall install such computer hardware and related equipment and software (collectively “Computer Equipment”), including but not limited to Aramark’s CORE® commissary management information systems (the “CORE® System”)asnecessarytosupport Aramark’s commissaryoperations. Aramarkshall remove all Computer Equipment upon the expiration or termination of this Agreement. The CORE® System is and shall at all times be owned by Aramark, which shall hold all rights relative thereto except as may be expresslygrantedhereunderandthenonly totheextentofsuchexpressgrant.AlluseoftheCORE® System at the Facility shall immediately cease upon the expiration or termination of this Agreement. Aramark shall be responsible to support and maintain all Computer Equipment during the term of this Agreement, but any and all such obligations shall cease upon the termination or expiration of this Agreement. To the extent that it is necessary for Aramark’s or the City’s employees to be trained to use the CORE® System, Aramark shall provide such training, provided that Aramark shall have no other training obligations hereunder. Aramark shall furnish such computers, equipment and supplies as necessary to support inmate funds releases via NUMI cards at no cost to the City. Aramark shall provide initial training to City staff on the operation and functionality of the NUMI platform at no cost to the City. The City shall furnish building maintenance services for the Facility and shall provide preventive maintenance and equipment repairs and replacements for walk-in refrigerators and walk-in freezers. The City shall furnish an adequate inventory of serviceware, thermal tray and delivery equipment,pots,pans,beverage containersandutensilsatthe Facility. Equivalent quality replacements for kitchen, bakery and dishwashing serviceware shall be provided by the Contractor without cost to the City. Replacement items shall become property of the City. The City shall run such cable and wiring, and shall perform such systems integration, as necessary to enable the CORE System to support Aramark’s commissary operations. In the event the City changes any third-party vendor whose service interacts with the CORE System (such as its telephone or internet service provider), anycosts associated with CORE System customization or code changes will be borne by the City. In addition, should the City fail to provide the equipment, repair, maintenance and replacement services or supplies described in this Section, after notice from Aramark to do so, Aramark may, in its discretion and at its option, choose to provide, and bill the City for, such equipment, repair, maintenance and replacement services or supplies. In that event,the Cityshall pay for such equipment, repair, maintenance and replacement services or supplies at the prices billed by Aramark. Such prices shall be competitive with the cost of obtaining such products or services from an independent source in the open market. B.EMERGENCY PLAN: Aramark shall submit a contingency emergency plan to provide for food service in the event of a Force Majeure (hereinafter defined) within 60 days after the commencement of operations. In the event of a Force Majeure, the City shall assist Aramark by permitting reasonable variations in Aramark’s menu cycle, Product offerings and service methods. However, Aramark shall not be relieved of its responsibility to provide meal service under the terms of this Agreement. Additional costs, if any, incurred in providing service in the event of a Force Majeure shall be borne bythe City. The term “Force Majeure”means anywar,riot, terrorism, warlike action (whether actual, impending or expected, and whether de jure or de facto), or other disorder, strike or other work stoppage, fire, explosion, earthquake, severe weather, landslides, sinkholes, City Council 14 – 5 9/16/2025 lightning, hurricanes, storms, floods, washouts, earthquake, tornado, flood, acts of God or other natural disaster, or other casualty, or other restraint of government (civil or military), blockades, insurrections, acts of terrorists or vandals, epidemics, pandemics, civil commotion, any material interruption of the Facility utility systems, confiscation or seizure by any government or public authority, laws, rules and regulations of governmental authorities, or nuclear reaction or radiation, radioactive contamination, or other similar condition not within the reasonable control of the party whose performance is interfered with, and which, by reasonable diligence, such party is unable to prevent. C. MEAL DELIVERY: Aramark personnel shall receive meals at the City kitchen, shall transport such meals to appropriate areas to be disbursed by the City, and shall return all trays and delivery equipment to Aramark at the City kitchen, in a timely manner. After each meal service, facility personnel shall make all trays and delivery equipment available to Aramark personnel outside of the housing areas. D. PRODUCT DELIVERY: Aramark personnel shall transport such Products ordered by inmates to inmates, and shall be responsible for Products returned by inmates to Aramark, in a timely manner. E. PRODUCTS AND CLEANING SUPPLIES: Aramark shall purchase and pay for all food products and kitchen cleaning supplies. Products purchased for use in the food service operation shall be the property of Aramark. The City shall be responsible for providing maintenance supplies and for maintaining kitchen appliances and equipment. Aramark will purchase and pay for all Products utilized in the commissary service operation. Products shall be the property of Aramark. Aramark shall purchase all food products from USDA inspected plants that are approved as strictly complying with food safety standards. All food products purchased have a manufacturer’s and distributor’s assurance of safe handling. Food products are reviewed and approved by Aramark’s registered dietitians to ensure that the food products meet inmate acceptability and nutritional standards. F. PORTION SIZE REQUIREMENT: All entrée portions listed on the menu that are purchased fully cooked, within the manufacturer’s tolerance specifications, are based on weight measurements prior to reheating. Casserole portions and entrée portions made from scratch are based upon weight measurements after the food has been cooked according to standardized recipes. G. MENU: The menu served at the Facility may be modified in any way by mutual written consent of the parties. H. SANITATION: Aramark shall be responsible for daily cleaning and housekeeping in the food preparation, service, receiving and storage areas, and shall, on a continuing basis, maintain high standards for sanitation. Aramark shall be responsible for janitorial service in the areas under Aramark’s control, and the City shall provide janitorial services for the remainder of the Facility. The City shall provide janitorial services outside the kitchen facilities provided to Aramark. The City shall clean the vents and ductwork leading to the roof from food preparation areas. Aramark shall be responsible for extermination services for the kitchen, bakery, and dishwashing room and the removal City Council 14 – 6 9/16/2025 of trash and garbage from the designated food and commissary service areas. I. PERSONNEL: Aramark shall provide on-site management and supervisory personnel, and from its regional and headquarters locations, administrative, dietetic, purchasing, equipment consulting and personnel advice and supervision. No inmate shall be allowed to enter the kitchen unless and until a security officer is present. The City acknowledges that Aramark has invested considerable amounts of time and money in training its supervisory employees in systems, procedures, methods, forms, reports, formulas, computer programs, recipes, menus, plans, techniques and other valuable information which is proprietary and unique to Aramark's manner of conducting its business and that such information is available, on a confidential basis, to Aramark's supervisory employees. Therefore, the City agrees that supervisory employees of Aramark shall neither be hired by the City for the term of this Agreement and twelve (12) months thereafter, nor shall the City permit supervisory employees of Aramark to be employed on the City's premises for a period of twelve (12) months subsequent to the termination of this Agreement (unless such employees were formerly employees of the City). For the purpose of this prohibition, “supervisory employees” shall be defined as those persons who have directly or indirectly performed management or professional services on the City's premises at any time during the twelve (12) month period immediately preceding termination of this Agreement. In addition, the City agrees that if it violates the conditions set forth in the immediately preceding paragraph, then the City shall pay to Aramark, and Aramark shall accept as liquidated damages and not as a penalty for such breach, an amount equal to two times the annual salary of each Aramark supervisory employee hired by the City or allowed to work on the City's premises in violation of the terms of this Agreement. The City retains the right to thoroughly investigate any current or prospective employees assigned to the Facility, subject to applicable Federal, state and local laws and regulations, including but not limited to, the Federal Polygraph Protection Act, as amended. All Contractor's personnel to work within the facility· must successfully complete a background investigation conducted by the Santa Ana Police Department before beginning work. Contractor employees that do not successfully complete the background investigation shall not be allowed entry into the facility. City has the right to restrict any person from accessing or remaining in the Police Administration Building and Holding Facility. J. EQUAL EMPLOYMENT OPPORTUNITY: Aramark and the City mutually agree that they shall not discriminate against any employee or applicant for employment or on any matter directly or indirectly related to employment, because of race, color, religion, sex, sexual orientation, national origin, physical or mental handicap where not relevant to the job, height, weight, age, marital status, or other criteria made illegal by state or federal law or the City policy. In addition, Aramark agrees to take affirmative steps to ensure that applicants are employed, and that employees are treated, during employment, without regard to the criteria listed above. K. MINIMUM SCOPE AND LIMIT OF INSURANCE: Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: City Council 14 – 7 9/16/2025 Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: x Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. x Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. x Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, and employees are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. Any insurance coverage (additional insured or otherwise) that Aramark maintains as required in this Agreement shall only cover insured liability assumed by Aramark in this Agreement; such insurance coverage shall not otherwise cover liability in connection with or arising out of the wrongful or negligent acts or omissions of Additional Insureds. 2. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary, but only to the extent of the risks and liabilities expressly assumed herein, and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 3. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 4. Contractor shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non- payment. 5. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Jail Administrator, 62 Civic Center Plaza, M-88, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with Certificates of Insurance. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City Council 14 – 8 9/16/2025 Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances but only as agreed to by Contractor. L. Indemnification: Aramark agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and servants for all third-party personal injuries caused by the negligence of Aramark in its performance of the services defined in this Agreement, and to pay all claims, damages, judgments, legal costs, adjuster fees and attorney fees related thereto. However, it is expressly understood that Aramark shall not be responsible for damages, injuries, losses or claims caused by inmates or the City, its officers, employees, agents, servants or other independent contractors. Neither any of the City’s officers, employees, agents, servants or contractors, nor any inmates, are or will be deemed to be agents or employees of Aramark and no liability is or will be incurred by Aramark to such persons, except for bodily injury to such persons caused by Aramark's negligence. The City agrees to defend, indemnify and hold Aramark harmless from any liability claim by or through such persons against Aramark. Each party shall promptly notify the other of any claim for which indemnity is sought, and shall cooperate with the other party in the defense of such claim. The indemnifying party may have the discretion to defend and settle such claim. M. Over the Counter Drugs Indemnification: To the maximum extent permitted by applicable law and whether or not caused, directly or indirectly, in whole or in part, by the negligence, or other fault of the party to be indemnified, the City will indemnify and hold harmless Aramark and its respective officers, directors, employees and agents, from and against any and all claims, causes of action, suits, investigations, and administrative or other proceedings, and all related demands, damages, liabilities, fines, penalties, assessments, costs, expenses (including attorney’s fees) of every kind and nature, related to or arising out of the sale or provision of over the counter drugs to inmates at the Facility, including but not limited to product liability, warranty, negligence or allergy claims and any alleged violation of any federal, state or local code, statute, law, regulation or ordinance. N. HAZARDOUS SUBSTANCES; PRE-EXISTING CONDITIONS. Aramark has no duty to investigate, detect, prevent, handle, encapsulate, remove, or dispose of, and will have no responsibility to the City or others for any exposure of persons or property to, asbestos, lead, fuel storage tanks or contents, indoor air pollutants or contaminants, poor air quality, or hazardous, toxic, or regulated waste substances, mold, fungi, mildew, pollutants, or contaminants (collectively, the “Hazardous Substances”) at the Facility or the surrounding premises. The City will comply with all applicable federal, state, and local laws and regulations, which have been or will be enacted during the term of this Agreement, regarding such Hazardous Substances on the City’s premises. The City will inform Aramark of the presence of such Hazardous Substances and acknowledges that Aramark employees will not be required to work in any location where they could be exposed to such Hazardous City Council 14 – 9 9/16/2025 Substances. Aramark has advised the City that it does not provide or assume any responsibility to monitor or remediate mold, fungi, mildew, indoor air quality or any similar conditions, and that all determinations and corrective actions regarding mold, fungi, mildew, indoor air quality and any similar conditions shall be made by the City or a third party retained by the City. In no case will any Aramark employee act in the capacity of a “Designated Person” (within the meaning of the Asbestos Hazard Emergency Response Act, “AHERA”), which duties remain solely with the City. Aramark will not be responsible for any conditions that existed in, on, or upon the Facility before the commencement date of this Agreement (“Pre-Existing Conditions”), including, without limitation, environmental impairments, and other conditions. Notwithstanding the general indemnity provision contained above in Section K, the City shall indemnify and hold harmless Aramark, its subsidiaries and affiliated companies, and their respective directors, officers and employees, against any liability related to, or arising out of, any defective condition or the presence of Hazardous Substances or Pre-Existing Conditions on or at the Facility or the surrounding premises, or the claimed or actual release or threatened release or disposal of Hazardous Substances from or at the Facility, to the extent not caused by the willful misconduct or grossly negligent acts or omissions of Aramark, its employees or subcontractors, including, without limitation, fines, penalties, clean-up costs, or costs of other environmental remediation measures. O. DAMAGES: Aramark’s liability hereunder shall not under any circumstances exceed the greater of net revenue received by Aramark pursuant to this Agreement during the twelve (12) months prior to the applicable claim or (b) the actual proceeds of insurance (not to exceed the maximum limits of insurance required by Section 2.K.), less any applicable deductible. In no event will either party be liable to the other party for any loss of business, business interruption, consequential, special, indirect or punitive damages. P. COMPLIANCE WITH LAWS: Each party hereto shall comply with all statutes, lawful ordinances, regulations and requirements, federal, state, and local applicable to their activities hereunder. The City shall provide reasonable and adequate physical security at all times for Aramark employees, suppliers, management and other authorized visitors, which at a minimum requires that a security officer be present at all times when an inmate is in the kitchen with an Aramark employee, supplier, management and other authorized visitors. Q. RETURN OF EQUIPMENT: Aramark shall return to the City at the expiration or on any termination of this Agreement the food and commissary service areas and all equipment furnished by the City in the condition in which received, except for ordinary wear and tear and except to the extent that said premises and equipment may have been lost or damaged by fire, flood, or other disaster, and except to the extent that said equipment may have been stolen by persons other than employees of Aramark without negligence on the part of Aramark or its employees. R. LICENSE, FEES, PERMITS, AND TAXES: Aramark shall secure and pay for all federal, state and local licenses, permits and fees required for the food and commissary services operation. The City represents and warrants that it is a tax-exempt entity and, further, agrees to provide evidence of its tax-exempt status to Aramark upon request. The City further agrees to notify Aramark promptly in the event of a change in its tax-exempt status. Aramark, as the commissary services retailer, shall be responsible for the collection and remittance of all applicable sales, use, excise and state and local business and income taxes attributable to the commissary operation and the sales of Products. In the event that a determination is made by a government authority that any sales, purchases, payments or use of property made to or by Aramark under this Agreement, either in whole or in part, is subject to any sales, use, gross receipts, property or any similar tax which tax was not contemplated by the parties at the commencement of operations hereunder, the full amount of any such tax liability, together with any interest paid by Aramark, shall be invoiced by Aramark and shall be reimbursed by the City, notwithstanding the fact that this Agreement may have expired or been terminated for any reason by City Council 14 – 10 9/16/2025 either party prior to the date of such determination. 3. FINANCIAL ARRANGEMENTS: A. FOOD SERVICE - MEAL ORDERS, BILLING AND PRICES: Aramark shall provide meals to the City’s inmates at the per meal prices set forth in Attachment B. Aramark will provide all medical, religious, gluten- free, and other special diets (the “Special Diets”) at no additional cost. Religious diets other than a lacto-ovo vegetarian and/or vegan diet meals, such as prepackaged meals, shall be charged to the City at a mutually agreed upon price. All Special Diets must be approved by the City’s medical provider or religious authority, as applicable. Aramark will work with the City’s medical provider for appropriate diabetic diets and snacks, as needed. The City shall notify Aramark of the actual number of meals ordered each day at a mutually agreed upon time prior to meal service, and the City shall make additions or deletions to such order within a mutually agreed upon time prior to meal service. When the initial notice of meals ordered is not given timely, Aramark shall prepare and will be paid for the same number of meals as prepared for the previous day. Aramark shall submit to the City on the first day of every week, for the preceding week an invoice for inmate meals ordered or served, whichever is greater, Fresh Favorites meals ordered by inmates, and other goods or services provided by Aramark, if any. The invoice shall reflect the preceding week's food services detailing the greater of the number of meals served or ordered on a daily basis as follows: 1. Adult inmate meals 2. Meals provided through the “Fresh Favorites program” 3. Any additional food, beverage or other services, as required 4. Staff café sales report The price per meal charged to the City for meals served to inmates is set forth in Attachment B. B. FOOD SERVICE- PRICE ADJUSTMENTS: The per meal prices stated in this Agreement are firm for the period beginning on the Effective Date and ending on September 30, 2026. Per meal prices for each subsequent 12-month period shall be adjusted on each anniversary of the Effective Date by an amount to be mutually agreed upon and set forth in an amendment to this Agreement in the form attached hereto as Attachment C. In the event no agreement is reached with respect to such adjustment, per meal prices shall be adjusted as further set forth below by the greater of the (a) yearly percentage change in the Consumer Price Index, All Urban Consumers, U.S. City Average, Food Away From Home Index (“CPI-FAH”), published by the U.S. Department of Labor and (b) the yearly percentage change in the Market Basket of Products (as defined below) which approximate the products served at the facilities covered by this Agreement (the “Client Menu”). The period for determining CPI-FAH and Market Basket of Products increases shall be April 1 to April 1 of the then-current year (the “Base Period”) As set forth on the sample client statement attached as Attachment D, a copy of which shall be provided prior to implementing any price adjustments pursuant to this section, the “Market Basket of Products” represents categories or types of products that are generally used in the Client Menu. Such products are classified into the following six categories of food items (each, a “Menu Category”): beverage (composed of juice and non-alcoholic drinks other than milk); baked goods; produce (composed of fruits and vegetables); dairy; meat; and grocery items (composed of the food items in the menu that are not otherwise included in one of the preceding categories). Each Menu Category will be ascribed a percentage (the “Category Weighting”) representing the proportion of the Client Menu that such Menu Category approximately represents based on purchasing levels during the Base Period. Each Category Weighting will then be multiplied by the percentage change in the corresponding Bureau of Labor Statistics (“BLS”) category compiled by the U.S. Department of Labor and published at www.bls.gov for the Base Period, and the results of each such calculation will be City Council 14 – 11 9/16/2025 added together to arrive at the overall percentage change which will represent the Market Basket of Products. For the avoidance of doubt, the BLS categories to be multiplied by the Category Weightings are (1) Beverage, All Urban Consumers, U.S. City Average; (2) Baked Goods, All Urban Consumers, U.S. City Average; (3) Produce, All Urban Consumers, U.S. City Average; (4) Dairy, All Urban Consumers, U.S. City Average; (5) Meat, All Urban Consumers, U.S. City Average; and (6) Food, All Urban Consumers, U.S. City Average. In the event that there are any changes in the method in which the BLS reports its annual statistics, including any changes or modifications to any of the applicable BLS categories, the parties agree to negotiate a mutually agreeable modification to the appropriate Market Basket of Products category or categories or the methodology described above. If the parties do not agree on such a modification, Aramark shall have the right to terminate the Agreement upon 90 days’ prior written notice. The Market Basket of Products is designed to approximate price adjustments with product cost increases at the facility or facilities covered by this Agreement. The Market Basket of Products is an estimate of food costs only and actual costs may vary. While the Menu Categories attempt to approximate the products served at the facility or facilities covered by this Agreement, they may not precisely parallel actual usage or the BLS categories listed above. Please refer to Attachment D for an example of the Market Basket of Products calculation. C. COMMISSARY SERVICES: Aramark shall process orders for Products from inmates in accordance with Aramark’s standard procedures. Aramark shall be responsible to collect, record and make disbursements from inmate commissary accounts for purchases of such Products. Aramark shall have access to each inmate account for the purpose of verifying that there are sufficient funds in such account to cover a Product order placed by such inmate, including but not limited to, any sales, use or other taxes related thereto. Aramark shall determine the prices at which Products shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its Product, labor or equipment or software-related costs, Aramark may increase its prices to recover such increased costs. Additionally, Aramark may, at its discretion perform a price audit to compare the prices at which it sells the Products contemplated by this Agreement with the prices at which similar products are being sold in retail outlets in the surrounding community (“Comparable Retail Values”). In the event that any of Aramark’s prices are below the Comparable Retail Values, the parties shall agree to increase such prices under this Agreement to reflect the Comparable Retail Values. Aramark shall submit to the City on the first day of every week, for the preceding week, an invoice for total Gross Sales of Products made during such week, and other goods or services provided by Aramark during such week, if any. The term “Gross Sales” shall mean total commissary sales (including, but not limited to, sales of stamps and pre- stamped envelopes, pre-paid telephone calling cards or any other telephone sales, debit cards, and Indigent Product sales) plus any sales or use taxes. For purposes of this Agreement, a sale shall be deemed made when a Product ordered by an inmate is delivered to the inmate, and the Product is not returned. For purposes of this Agreement, all sales are final and no returns will be honored unless the inmate who ordered a Product refuses delivery of such Product at the time such Product is delivered, or unless such inmate is released prior to Product delivery and fails to claim such Product within seventy-two (72) hours after release. D. COMMISSARY COMMISSIONS: Aramark shall pay to the City a commission in an amount equal to forty-five percent (45%) of Net Sales. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during such month. For purposes of this Paragraph, “Net Sales” means total Product sales (excluding all sales of stamps and pre- stamped envelopes, pre-paid telephone calling cards or any other telephone sales, debit cards, and Indigent Products) less sales or use taxes, authorized returns and handling charges. Notwithstanding the foregoing, for the purposes of commissions paid pursuant to this Section 3.D., Net sales shall not include sales from Fresh Favorites, iCare, iCare Fresh, and Go-Cart; commissions City Council 14 – 12 9/16/2025 for those services shall be paid as stated below. E. CATERING AND ADDITIONAL SERVICES: Upon mutual agreement of the parties, Aramark shall provide catering services for the City. Catering services will be provided at Aramark’s costs plus 10%, inclusive of all Aramark expenses. Food, beverage and other services required by the Facility outside the scope of this Agreement shall be provided by Aramark upon written authorization by the City at mutually agreed upon prices for such services. Upon request, Aramark may from time to time provide training services to the City and its personnel, training such personnel in the operation of the CORE System. F. FRESH FAVORITES: Aramark shall implement its Fresh Favorites program. Aramark shall determine the prices at which Fresh Favorites items shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its product, labor or equipment costs, Aramark may increase its Fresh Favorites prices to recover such increased costs. No returns shall be accepted unless the inmate, who ordered a product, is released prior to such delivery. All sales shall be deemed made when a Fresh Favorite item purchased by an inmate is delivered. Aramark shall pay to the City a commission in an amount equal to Twenty-Five Percent (25%) of Net Sales on the Fresh Favorite items. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during the prior month. For purposes of this Paragraph “Net Sales” means total Fresh Favorite products sales, less sales or use taxes, authorized returns and handling charges. G. iCARE: Aramark shall implement its iCare program at the Facility. Aramark shall determine the prices at which iCare items shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its product, labor or equipment costs, Aramark may increase its iCare prices to recover such increased costs. No returns shall be accepted unless the inmate, who is a recipient of such iCare order, is released prior to such delivery, or the iCare order is undeliverable in accordance with Aramark standard terms and conditions for iCare orders. All sales shall be deemed made when an iCare item purchased is delivered to the inmate. Aramark shall pay to the City a commission in an amount equal to Forty-Five Percent (45%) of Net Sales of all iCare packages. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during the prior month. For purposes of this Paragraph, “Net Sales” means total iCare sales, less sales or use taxes, authorized returns and handling charges. H. iCARE FRESH: Aramark shall implement its iCARE Fresh program. Aramark shall determine the prices at which iCARE Fresh items shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its product, labor or equipment costs, Aramark may increase its iCARE Fresh prices to recover such increased costs. No returns shall be accepted unless the inmate, who is to receive a product, is released prior to such delivery. All sales shall be deemed made when an iCARE Fresh item purchased by an inmate is delivered. Aramark shall pay to the City a commission in an amount equal to Twenty-Five Percent (25%) of Net Sales on iCARE Fresh items. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during the prior month. For purposes of this Paragraph “Net Sales” means total iCARE Fresh product sales, less sales or use taxes, authorized returns and handling charges. City Council 14 – 13 9/16/2025 I. GO-CART: Aramark shall implement its Go-Cart program at the Facility. Aramark shall determine the prices at which Go-Cart items shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its product, labor or equipment costs, Aramark may increase its Go-Cart prices to recover such increased costs. No returns shall be accepted on Go-Cart items. Aramark shall pay to the City a commission in an amount equal to Twenty-Five Percent (25%) of Net Sales on Go-Cart items. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during the prior month. For purposes of this Paragraph “Net Sales” means total Go-Cart product sales, less sales or use taxes, and handling charges. J. CODE-7 CAFÉ: Aramark will not pay the City a commission on any items sold at the Code-7 Café. Aramark will pay the City Thirty Thousand Dollars ($30,000.00) annually to rent the Code-7 Café space, to be paid in monthly installments of Twenty-Five Hundred Dollars ($2,500.00). If the Code-7 Café ceases operation at any time during the term or any extension of this Agreement, Aramark will no longer pay rent for this space effective the date the Code-7 Café ceases operations. 4. ACCOUNTING-MANNER OF PAYMENT: Payment shall be made by check payable to Aramark Correctional Services, LLC within thirty (30) days after the invoice date. Such payment shall be sent to the address listed on the invoice. (Payments only shall be sent to this address, all other correspondence shall be sent to the address set forth in Section 11 hereof.) If any invoices are not paid within thirty (30) days of the invoice date, interest shall be charged on each invoice at the Prime Interest Rate plus two percentage points per annum on the unpaid balance (or in the event local law prohibits the charging of such rate, interest shall be charged at the maximum legal rate permitted), computed from the invoice date until the date paid. The term “Prime Interest Rate” shall mean the interest rate published in The Wall Street Journal as the base rate on corporate loans posted by at least Seventy-Five Percent (75%) of the thirty (30) largest U.S. commercial banks, such rate to be adjusted on the last day of each Aramark accounting period. The right of Aramark to charge interest for late payment shall not be construed as a waiver of Aramark's right to receive payment of invoices within thirty (30) days of the invoice date. In the event that Aramark incurs legal expense in enforcing its right to receive timely payment of invoices, the City agrees to pay reasonable attorney's fees and other costs. Aramark shall provide the City with a comprehensive monthly summary of meals, services and credits. This summary shall be forwarded to the City Administrator or his designee each month. Aramark shall provide the City with a comprehensive monthly summary of Gross Sales, services and credits. This summary shall be forwarded to the City Administrator or his designee each month. 5. MATERIAL ADVERSE CHANGE: The financial arrangements in this Agreement are based on conditions existing as of the Effective Date including any representations regarding existing and future conditions made by City in connection with the negotiation and execution of this Agreement. If such conditions change due to causes beyond Aramark’s control, including, but not limited to, a change in the scope of Aramark’s services; menu changes; a decrease in the Facility's inmate population or the availability of inmate labor; efforts to organize labor; increases in food/product costs, including due to imposition of tariffs, fuel, equipment, utilities, supply, and labor costs; Federal, State and local sales, and other taxes and other operation costs; a change in Federal, City Council 14 – 14 9/16/2025 State and local standards, requirements recommendations, and regulations; changes in phone service providers or a change in the way phone service is sold to inmates; or other unforeseen external market conditions outside Aramark’s control, then Aramark shall give City written notice of such increase or change, and within thirty (30) calendar days after such notice, Aramark and City shall mutually agree upon modification(s) to offset the impact of the increase or change, which modifications may include any or a combination of the following: an adjustment to Aramark’s price per meal or commission, modifications to the menu or Product offerings, changes to Product pricing or modifications to Aramark’s scope of services. The foregoing shall be in addition to, and without limitation, of the parties’ rights and obligations set forth herein in Section 2.B. with respect to continuation of services (and compensation for the same) in the event of a Force Majeure event, if applicable. 6. PHONE SERVICE PROVIDERS: In the event that there is a change in the phone service provider used at the Facility or in the process by which phone cards or phone time is sold to inmates, the City shall be responsible for the cost or shall cause the phone service provider to be responsible for the cost of the following: (1) any software development required by the change; (2) system integration; (3) use of Aramark hardware and software to sell phone service; and (4) any other cost incurred by Aramark, including but not limited to increased costs for labor, handling, and reporting. 7. ACCESS AND RECORDS: Aramark will maintain accurate books and records in connection with the food and commissary service operations and shall retain such records for thirty- six (36) months after the close of the federal fiscal year (October 1, through September 30). 8. COMPENSATION – NOT-TO-EXCEED AMOUNT. The total not-to-exceed amount to be expended during the term of this Agreement shall not exceed $5,070,842. This amount is subject to amendment per the terms of Section 3.B. FOOD SERVICE- PRICE ADJUSTMENTS. Any increase to the not-to-exceed amount, defined herein, shall be defined and agreed upon by the CPI- FAH increases reflected in Section 3.B. Any amendment, based solely upon said Price Adjustments in Section 3.B., may be approved in writing by the City Manager and the City Attorney. Any increases beyond the CPI-FAH defined in Section 3.B., above, or any other increase to costs, the not-to-exceed amount, or other material revision(s) of the terms and conditions of this Agreement are subject to approval by the City Council of the City of Santa Ana. 9. TERM OF AGREEMENT: The initial term of this Agreement shall commence on October 1, 2025, and shall continue through September 30, 2028. By mutual agreement, the term of this Agreement may be renewed for two (2) additional one (1) year terms. 10. TERMINATION: A. TERMINATION FOR CONVENIENCE: Either party may terminate this Agreement for convenience, at any time during the term or any renewal or extension, upon ninety (90) days’ notice to the other party. B. TERMINATION FOR DEFAULT: Either party may terminate this Agreement upon a breach or default of this Agreement by the other party, which is not cured within thirty (30) days after receipt by the defaulting party of a notice from the non-defaulting party, specifying the nature of such breach or default. C. CONSEQUENCES OF TERMINATION: If this Agreement is terminated under any City Council 14 – 15 9/16/2025 circumstances, the City shall pay Aramark for all inmate meals, commissary and other services, provided by Aramark to and including the date of termination, at the rates and within the payment periods set forth in this Agreement. The City’s obligation to pay for meals and commissary services provided shall survive the termination or expiration of this Agreement. Upon the expiration or any termination of this Agreement, the City agrees, if requested by Aramark, to purchase Aramark’s usable inventory of food and supplies. The purchase price for such inventory shall be Aramark’s invoice cost. 11. NOTICE: All notices or other communication hereunder shall be deemed to be duly given when made in writing and delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested and addressed to the party at its respective address first set forth above, or such other address as it may designate, by notice given as aforesaid. 12. CONFLICTS OF INTEREST: Aramark covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with performance of this Agreement and no person having any such interest shall be employed. In addition, no officer, agent or employee of the City and no member of its governing body shall participate in any decision relating to this Agreement which affects his/her personal interest or any corporation, partnership, association which he/she is directly or indirectly interested or has any personal or pecuniary interest. 13. CONFIDENTIAL INFORMATION: All financial, statistical, operating and personnel materials and information, including, but not limited to, software, technical manuals, recipes, menus and meal plans, policy and procedure manuals and computer programs relative to or utilized in Aramark's business (collectively, the “Aramark Proprietary Information”) are and shall remain confidential and the sole property of Aramark and constitute trade secrets of Aramark. The City shall keep all Aramark Proprietary Information confidential and shall use the Aramark Proprietary Information only for the purpose of fulfilling the terms of this Agreement. The City shall not photocopy or otherwise duplicate any materials containing any Aramark Proprietary Information without the prior written consent of Aramark. Upon the expiration or any termination of this Agreement, all manuals, software, computers, diskettes, disks and disk drives, and other materials or documents containing any Aramark Proprietary Information, shall be returned to Aramark. 14. PUBLICITY RIGHTS: Neither Aramark nor City shall disclose the terms of this Agreement to any other person or entity outside its organization other than as required by law. Neither City nor Aramark and its Affiliates shall, without the other Party’s consent, use the other Party’s name, logo, trademark or otherwise refer to or identify the other Party in any publicity matters relating to the Services. Notwithstanding the foregoing, both Parties and their respective Affiliates may, without prior consent of the other Party, use that Party’s name or logo and the existence of this Agreement in connection with earnings calls or similar matters with their respective investors or analysts as well as communications to prospective clients (if applicable) and for use in such Party’s marketing materials. 15. ASSIGNMENT: Aramark may not assign this Agreement without the City’s prior written consent (not to be unreasonably withheld, conditioned or delayed), except that Aramark may assign this Agreement, in its sole discretion, to any of its affiliates without any consent being required. The term “affiliate” means any corporation, limited liability company or any other person controlling, controlled by or under common control with, Aramark. 16. ENTIRE AGREEMENT: This Agreement represents the entire agreement and understanding City Council 14 – 16 9/16/2025 City Council 14 – 17 9/16/2025 Attachment A Commissary Price and Product List SANTA ANA, CA COMMISSARY Health & Beauty PLU Item Price 0530 '"EXTREME SPORT STYLING GEL $4.19 1051 ALCOHOL FREE MOUTHWASH 4Z $1.39 1041 ANTACID CALCIUM CARBONATE $0.59 1042 ANTIFUNGAL CREAM $3.49 1375 BERGAMONT COND 4Z $4.65 1113 COCOA BUTTER LOTION 4Z $1.65 1126 COLGATE TOOTHPASTE 2.5Z $3.19 1214 COLGATE WHITENING 6Z $11.29 1421 COUGH DROPS GDS $2.79 1043 DAILY VITAMIN 100 CT $8.79 0517 DOVE MEN CARE EXTRA FRESH BAR $3.49 1455 DOVE ORIGINAL CLEAN ROLL ON DEODORANT $3.59 1061 DOVE SOAP $5.39 1282 FLOSS LOOPS 30CT $5.99 1059 FOOT POWDER 4Z $2.05 1086 HAIR PICK $1.10 1219 HAIR TIES $1.79 1695 HAND AND BODY LOTION $1.39 1017 HYDROCORTISONE CREAM .5Z $4.19 1018 IBUPROFEN 2PK $0.79 1407 LIP BALM $1.59 1063 MAGIC SHAVE CREAM 60Z $14.99 1434 MEN'S HURRICANE DEODORANT $3.59 1152 NON ASPIRIN 2PK $0.79 1040 PALM HAIR BRUSH $0.89 0528 ROSA VENUS BATH BAR SOAP WHITE $1.89 1197 SECRET DEODORANT 1.7Z $4.39 1467 SOAP DISH $1.19 0521 SUAVE SKIN SOLUTIONS ADVANCED THERAPY LOTION $7.49 City Council 14 – 18 9/16/2025 1179 THUMB TOOTHBRUSH $0.25 1464 V053N1MENS $4.29 1376 VOS XBODY SHAMPOO $4.35 1377 VOS XBODY CONDITIONER 15Z $4.35 Beverages PLU Item Proposed Price 0180 BC HOT COCOA SUPREME $5.49 0156 BC INSTANT COFFEE $5.49 3089 CAPPUCCINO MOCHA $0.99 3046 CAPPUCCINO VANILLA $0.99 3207 FE COLOMBIAN BLEND COFFEE $7.19 3176 GREEN TEA BAG IND $0.49 3137 OTG LEMONADE CRYSTAL LIGHT $1.23 3005 SF BLK CHERRY IND MIX $0.55 3327 SF FRUIT PUNCH IND COOL OFF $0.55 3328 SF ICED TEA IND COOL OFF $0.55 3326 SF LEMONADE IND COOL OFF $0.55 3221 SWISS MISS COCOA $0.89 3584 WYLERS LIGHT LEMON BERRY 10 CT $4.19 3585 WYLERS FRUITY RED PUNCH lOCT $4.19 Candy PLU Item Proposed Price 9128 CHICK O STICK $0.69 9004 BUTTERSCOTCH DROPS $2.39 9305 GG CINNAMON DISCS $2.39 0105 GG JELLY BEANS $2.39 9006 GG JOLLY RANCHER ASST $2.69 0162 GG RAINBOW MIX HARD CANDY $2.39 9306 GG ROOT BEER BARRELS 3.25 OZ $2.39 9018 LEMON DISKS $2.39 9055 SOUR BALLS 4.5Z $2.39 City Council 14 – 19 9/16/2025 9001 3 MUSKETEERS $2.29 9003 BUTTERFINGER $2.29 9032 HERSHEY BAR ALMONDS $2.29 9007 M&MS PEANUT $2.29 9011 REESES PB CUP $2.29 9013 SNICKERS $2.29 9015 TWIX $2.29 9551 WERTHERS SUGAR FREE $3.89 Ramen PLU Item Proposed Price 3955 DE HOT AND SPICY VEGETABLE LOW SODIUM $1.20 1328 DE LOW SODIUM CHILI RAMEN $1.20 4330 RAMEN CAJUN CHICKEN $1.20 4014 RAMEN CHICKEN $1.20 4015 RAMEN CHILI $1.20 4016 RAMEN PICANTE BEEF $1.20 6069 RE TEXAS BEEF RAMEN 3Z $1.20 Grocery PLU Item Proposed Price 0187 IDAHOAN POUCH LOADED BAKED MASHED POTATOES $4.99 4011 PEANUT BUTTER SQUEEZE $1.09 4164 TEXAS TITOS SLICED JALAPENOS $1.39 3859 APPLE CINNAMON OATMEAL $0.79 4216 BC TACO FILLING W/ CHICKEN $6.99 3987 BC CHORIZO $9.29 1323 BC JALAPENO SUMMER SAUSAGE $5.49 1321 BC SUMMER SAUSAGE ORIGINAL $5.49 0108 BEEF CHILI WITH BEANS $7.59 0135 CHUNK LIGHT TUNA IN WATER $4.79 4053 COOKQUIK INSTANT SPANISH RICE $2.19 0840 CQ REFRIED BEANS W/ JALAPEOS JSLJDS $4.63 0110 CREAM CHEESE POUCH $1.69 City Council 14 – 20 9/16/2025 0134 FP MACKEREL IN BRINE $4.55 4550 HEREFORD SHREDDED BEEF 7 OZ $8.99 4300 HOTPEPPER W/JALA CHEESE STICK $4.79 0119 LEGENDARY SALAMI $5.76 4372 LEGENDARY SPICY JALAPENO BEEF SAUSAGE $5.88 3860 MAPLE BROWN SUGAR OATMEAL $0.79 4009 MAYO SQZR lZ $1.29 4051 PEPPER PACK 10 CT $0.39 4019 SALTINE SLEEVE 4Z $1.49 0131 SARDINES IN LOUISIANA HOT SAUCE $4.79 0153 SAYULITA 8 FLOUR TORTILLA 10 CT $4.09 0107 SHREDDED CHICKEN BREAST $8.75 3980 REFRIED PINTO BEANS $4.99 4357 TEXAS TITO'S DILL PICKLE $1.59 4358 TEXAS TITO'S SPICY PICKLE $1.59 4377 TRAIL'S BEST TWIN BEEF STICKS $2.29 0175 TRAILS BEST BEEF & CHEDDAR STICKS $2.29 0159 JALAPENO CHEDDAR CHEESE POUCH $1.49 3257 10 PK SUGAR SUBSTITUTE $1.19 0111 CHEDDAR CHEESE POUCH $1.49 3003 CREAMER 10 CT $1.19 4008 GRAPE JELLY SQZR lZ $0.55 0149 HABANERO CHEDDAR CHEESE CUP $2.59 4207 KETCHUP PC $0.29 4455 MAYO PKT 9GM $0.29 4166 MUSTARD PC $0.29 4193 RANCH DRESSING l.SZ $1.09 4052 SALT PACKS 10 CT $0.39 4106 STRAWBERRY JAM SQZR lZ $0.55 3884 SWEET BABY RAYS BBQ PKT $1.29 3931 TAPATIO HOT SAUCE $0.29 City Council 14 – 21 9/16/2025 Salty Snacks PLU Item Proposed Price 6001 CHEETOS CRUNCHY $1.89 6068 CHEETOS FH LIMON $1.89 6002 CHEETOS FLAMIN HOT $1.89 6021 CHEETOS JALAPENO $1.89 6388 CHEEZ IT WHITE CHEDDAR $1.89 6009 DORITOS NACHO 1.75Z $1.89 6031 FRITOS CHILI CHEESE $1.89 6020 FRITOS REGULAR $1.89 6010 FRITOS TWIST HONEY BBQ $1.89 6314 HOT PORK RIND lZ $1.89 6026 LAYS REGULAR $1.89 6384 MUNCHIES PB & CHEESE $1.39 6254 PEANUT BUTTER PRETZEL NUGGETS $2.19 6072 PLANTERS SALTED PEANUTS $1.19 6353 RUFFLES SC & CHEDDAR $1.89 6038 SMARTFOOD WHITE CHED POPCORN $1.89 Bakery PLU Item Proposed Price 5144 APPLE CINNAMON HONEY BUN $2.49 5025 BIG TEXAS CINN ROLL $2.79 5098 BLUEBERRY CHEESE DANISH $2.79 5120 BUDDY BAR $2.29 5149 CIN BROWNSGR TOASTER PASTRY $4.29 0122 DOLLY MADISON CHOC CUPCAKE 2 PK $2.32 5006 DONUT STICKS $2.79 5351 DREAMIES RASPBERRY 4Z $2.79 5072 FAMOUS AMOS COOKIES $1.39 0239 FEBAKERY PRE-SLICED EVERYTHING BAGEL $1.69 5008 FRESHLEYS HONEY BUN ICED 6Z $2.79 5259 GLAZED HONEY BUN FRESHLEYS $2.79 City Council 14 – 22 9/16/2025 5206 GMAS CHOC BROWNIE COOKIES $1.49 5024 GMAS CHOC CHIP COOKIES $1.49 5044 GMAS PB COOKIES $1.49 5243 HOLIDAY COOKIES 90Z $1.99 5425 HOSTESS COFFEE CAKE $1.99 5002 LDM DUPLEX COOKIES 5Z $2.89 5161 LDM LEMON CREAM COOKIE SZ $2.89 5371 LDM PB CREME COOKIES $2.89 5372 LDM STRAWBERRY CREME COOKIES $2.89 5365 LDM VANILLA CREME COOKIES $2.89 5035 NATURE VALLEY GRANOLA OAT&HNY 2PK l.SZ $1.89 5164 RICE KRISPIE TREAT 2.13Z $2.29 5115 STRAWBERRY NUTRIGRAIN $1.59 5151 STRAWBERRY TOASTER PASTRY $4.29 5204 ZINGER CHOCOLATE 3CT $2.32 5218 ZINGER VANILLA 3CT $2.32 General Merchandise PLU Item Proposed Price 7092 ... ENVELOPES # 10 $0.19 7012 8.5Xll SCRATCH PAD $2.59 7000 9X12 MANILLA ENVELOPE $0.59 7109 BATTERY AA EACH $1.29 7110 BATTERY AAA EACH $1.29 7049 CARD BDAY $2.89 7123 CARD BLANK $2.89 7055 CARD KID BDAY $2.89 7054 CARD LOVE $2.89 7057 CARD MISS YOU $2.89 7021 COLORED PENCILS $3.62 7170 EARBUDSCLEARTECH $8.15 7320 EARBUDS W MICROPHONE $8.49 7145 ENGLISH DICTIONARY $3.49 7022 GOLF PENCIL $0.23 City Council 14 – 23 9/16/2025 7142 LARGE BOWL W/ LID $1.89 7066 NAIL CLIPPERS $1.39 7032 PENCIL CAP ERASERS $0.23 7010 PLAYING CARDS $3.50 7011 RADIO W/ EARBUDS $39.99 7080 READ GLASSES 2.75 $8.99 7042 READ GLASSES 3.00 $8.99 7027 SUDOKU BOOK $2.49 7016 TUMBLER W/ LID $1.09 7068 WASH CLOTH $0.99 4119 WHIRLEY 16 OZ CLEAR THERMAL MUG WITH LID $7.59 7089 WHITE 8.5 X 14 GUMMED PAD $2.59 Postage PLU Item Proposed Price 2019 STAMP BOOK OF 10 $7.30 2001 STAMPED ENVELOPE $0.79 2002 STAMPED POSTCARD SM $0.90 Clothing PLU Item Proposed Price 8000 BOXERS 2XL $4.99 8001 BOXERS 3XL $4.99 8002 BOXERS 4XL $6.39 8084 BOXERS SXL $6.39 8003 BOXERS LG $4.99 8004 BOXERS MED $4.99 8005 BOXERS SM $4.99 8006 BOXERS XL $4.99 9705 GRAY SWEATPANTS - S ELASTIC $17.99 8064 GYM SHOE 7 VELCRO $59.99 8065 GYM SHOE 8 VELCRO $59.99 8066 GYM SHOE 9 VELCRO $59.99 8068 GYM SHOE 11 VELCRO $59.99 7977 LEATHER 8 LACE UP ATHLETIC $17.99 7978 LEATHER 9 LACE UP ATHLETIC $17.99 7979 LEATHER 10 LACE UP ATHLETIC $17.99 7980 LEATHER 11 LACE UP ATHLETIC $17.99 8226 SHORTS GRAY 2XL $12.99 8228 SHORTS GRAY 4XL $15.99 8229 SHORTS GRAY SXL $15.99 8224 SHORTS GRAY SZ LG $12.99 8490 SHORTS GRAY SZ MED $12.99 8225 SHORTS GRAY SZ XL $12.99 8396 SLIPON SHOES SZ8 $49.99 City Council 14 – 24 9/16/2025 8399 SLIPON SHOES szn $49.99 8400 SLIPON SHOES SZ12 $49.99 8036 SOCKS $1.69 7955 SWEAT PANT SXL $17.99 8161 SWTPANT GRAY 2XL $17.99 8162 SWTPANT GRAY 3XL $17.99 8163 SWTPANT GRAY 4XL $17.99 8159 SWTPANT GRAY SZ L $17.99 8158 SWTPANT GRAY SZ M $17.99 8160 SWTPANT GRAY XL $17.99 8168 SWTSHIRT GRAY 2XL $14.99 8169 SWTSHIRT GRAY 3XL $18.99 8170 SWTSHIRT GRAY 4XL $18.99 8166 SWTSHIRT GRAY L $12.99 8165 SWTSHIRT GRAY M $12.99 8164 SWTSHIRT GRAY SZ 5 $12.99 8167 SWTSHIRT GRAY XL $12.99 8048 T SHIRT 2XL $8.49 8042 T SHIRT 3XL $8.49 8044 T SHIRT LG $6.29 8045 T SHIRT MED $6.29 8046 T SHIRT SM $6.29 8047 T SHIRT XL $6.29 City Council 14 – 25 9/16/2025 Inmate Population Meal Equivalent Price Per Meal Low High 101 150 $9.50 151 200 $6.84 201 250 $5.51 251 300 $4.70 301 350 $4.18 351 400 $3.81 401 450 $3.53 219513.1725 City of Santa Ana, California Effective October 1, 2025 through September 30, 2026 City Council 14 – 26 9/16/2025 Attachment C FORM OF AMENDMENT FOR IMPLEMENTING MARKET BASKET INCREASES Amendment No. to Operating Agreement THIS AMENDMENT NO. (the “Amendment”), is entered into this day of , 20 by and between , with offices at (“ ”), and Aramark Correctional Services, LLC, a Delaware limited liability company, having its principal place of business located at the Aramark Tower, 2400 Market Street, Philadelphia PA 19103 (“Aramark”). WHEREAS, and Aramark entered into an dated for the management of the food service operation at (as amended, the “Agreement”); WHEREAS, the parties acknowledge the need to address volatility in the cost of food commodities; and WHEREAS, the parties desire to amend the provisions of the Agreement as follows, effective . NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below. Capitalized terms used but not defined in this Amendment have the meanings ascribed to such terms in the Agreement. 1. Price Adjustment: In accordance with [Paragraph of Amendment No. to the Agreement][Paragraph of the Agreement], the parties agree that the price per meal charged to by Aramark shall be changed as set forth on [Schedule 1] hereto as a result of [changes in the Consumer Price Index][changes in the Market Basket of Products][mutual agreement of the parties]. This price shall be effective from , 20 through , 20 . , and shall supersede in all respects the price per meal set forth in [Paragraph [ ] of the Agreement][and Attachment C of the Agreement] or in any other prior agreements between the parties. 2. Release: The methodology used to determine the price increase described above has been reviewed and accepted by the parties. By their execution of this Amendment, each party hereby waives and releases any and all claims it may have based upon or arising out of any such methodology (including the elements thereof) used to calculate the price per meal as set forth in this Amendment, and further agrees not to bring any action, suit or proceeding challenging such methodology or calculation. 3. Ratification: Except as specifically set forth herein, all other terms and provisions of the Agreement shall remain unaffected by this Amendment and continue in full force and effect IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. to be signed by their duly authorized representatives the day and year first written above. Aramark Correctional Services, LLC [ ] By: By: Name: Name: Title: Title: City Council 14 – 27 9/16/2025 SCHEDULE1 [attach updated price schedule for Amendment] Inmate Population Price Per Meal ($) (Average Daily Population for applicable period) Low High Rate 0 **TBD above 219513.1725 Effective City, through City Council 14 – 28 9/16/2025 Attachment D Sample Client Statement - Market Basket of Products Calculation [INSERT CLIENT NAME] Exhibit Sample Market Basket Price Redetermination Statement (All) Market Basket Price Redetermination Statement CATEGORY arket Basket Weighting August BLS Market Basket CPI Index Weighted CPI % Cereals and Bakery Products 10.48% 5.99% 0.63% Meats, Poultry, Fish and Eggs 20.41% 0.02% 0.00% Dairy and Related Products 10.40% 0.31% 0.03% Fruits and Vegetables 13.23% 2.10% 0.28% Non-Alcoholic Beverages and Beverage Materials 5.41% 5.80% 0.31% Other Food at Home 40.07% 4.49% 1.80% TOTAL 100.00% 3.06% August FY 2023 CPI Food Away from Home Index 6.54% Greater of Market Basket to August CPI - Food Away from Home 6.54% 219513.1725 Notes * This category includes all menu items that are not otherwise included in another Menu Category. ARAMARK applies the BLS CPI Food index to the “Grocery” Menu Category for the calculation. The “Food” index encompasses the items in all Menu Categories in addition to food items not used at the facility or facilities covered by this Agreement. City Council 14 – 29 9/16/2025 Police Department www.santa-ana.org/pd Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Rotational Towing and Storage Services AGENDA TITLE Third Amendments for Rotational Towing and Storage Services for the Police Department RECOMMENDED ACTION Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A-2025-XXX): •Standard Enterprises, Inc., dba To’ N’ Mo’; •B&D Towing, Inc.; and •MetroPro Road Services, Inc. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Police Department routinely encounters the need to have vehicles towed or stored for a variety of reasons and depends upon private sector partners skilled in the area of towing operations to accomplish this objective. The City currently contracts with four (4) tow companies to provide necessary towing services on a rotational basis. Towing services may include, but are not limited to, towing vehicles from public or private property at the direction of Police employees, owner’s request for a tow made via the Police Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean-up and removal, recovery services, and administrative oversight of vehicles in the custody of the contractor. On August 17, 2021, the City Council approved agreements with four (4) tow companies to provide towing and storage services upon selection from a Request for Proposal (RFP) process. The original agreements covered an initial three-year term through August 31, 2024. On May 1, 2023, the first amendment to the agreement was executed to allow for a two percent increase of the towing rate as authorized under the agreement. On August 6, 2024, the City Council approved the second amendment to City Council 15 – 1 9/16/2025 Rotational Towing and Storage Services September 16, 2025 Page 2 5 3 3 7 these agreements to correct the term and allow for two (2) additional one (1) year period options as intended in the RFP but excluded in the original agreement. The Santa Ana Police Department has exercised both one-year extension options through August 31, 2026. One of the contractors requested an amendment in the scope of services to allow for the option and ability to store any towed vehicle and release the vehicle, or any of its contents, in an area close to, but outside of the corporate City limits. The Santa Ana Police Department has evaluated the request and is in support of allowing this amendment for all four contractors. However, one contractor has determined this change in scope is not necessary for their operations and as such, the amendment is not necessary for this specific contractor. The third amendments to the agreements revise Section I.5, Storage Facility and Vehicle Storage Requirement, to allow the contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Third Amendment with Standard Enterprises, Inc., dba To’ N’ Mo’ 2. Third Amendment with B&D Towing, Inc. 3. Third Amendment with MetroPro Road Services, Inc. Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nuñez, City Manager City Council 15 – 2 9/16/2025 Page 1 of 2 THIRD AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS THIRD AMENDMENT to the above-referenced agreement is entered into on September 16, 2025, by and between Standard Enterprises, Inc., a California corporation, doing business as To’ and Mo’ Towing (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On August 17, 2021, the parties entered into Agreement No. A-2021-157 (“Agreement”), by which Contractor agreed to provide towing and storage services. B. On May 1, 2023, the parties entered into a First Amendment to the Agreement (A-2021- 157-01) to allow for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. C. On August 6, 2024, the parties entered into a Second Amendment to the Agreement (A- 2024-113) to extend the term of the Agreement for up to two (2) additional one-year terms and adjust for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. The parties exercised the first of the two optional extensions to extend the term of the Agreement through August 31, 2025. The Agreement is current and in-effect. D. Per the terms of Section 3 of the Agreement, the parties exercised their second and final optional extension to extend the term of the Agreement through August 31, 2026. The Agreement is current and in-effect. E. Under the terms of the Scope of Services to the Agreement, Section I.5., Storage Facility and Vehicle Storage Requirement, all vehicles towed by the City shall be stored within the corporate City limits and the vehicle or any of its contents shall be made available for release within the corporate City limits. F. The parties now wish to amend the Scope of Services section in the Agreement to allow the Contractor the option and ability to store any towed vehicle and release the vehicle, or any of its contents, in an area outside of the corporate City limits. No other changes, including towing rates and overall compensation of the Agreement, as amended, are contemplated by this Third Amendment. The Parties therefore agree: 1. Section 1, Scope of Services, Exhibit A is amended to revise Section I.5., Storage Facility and Vehicle Storage Requirement, to allow the Contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits. EXHIBIT 1 City Council 15 – 3 9/16/2025 City Council 15 – 4 9/16/2025 EXHIBIT 2 City Council 15 – 5 9/16/2025 City Council 15 – 6 9/16/2025 EXHIBIT 3 City Council 15 – 7 9/16/2025 City Council 15 – 8 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Agreement for Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project AGENDA TITLE Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 25- 6705) (Non-General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two one-year extensions (Agreement No. A-2025-XXX). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for in-kind staff support. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA) Engineering Division is responsible for the administration and oversight of all Capital Improvement Projects in the City including the operations and maintenance of the City’s traffic signal system. Santa Ana’s traffic signal system consists of 325 interconnected signals connected through various communication methods including 229 using fiber optic cables. These signals are synchronized using real-time traffic data to enhance traffic flow and minimize congestion. On November 21, 2023, City Council authorized staff to submit a competitive grant application for the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (Project) with participating agencies for the Orange County Transportation Authority (OCTA) Measure M2 Regional Traffic Signal Synchronization Program. The Project was submitted to provide inter-jurisdictional City Council 16 – 1 9/16/2025 Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project September 16, 2025 Page 2 5 3 1 5 traffic signal synchronization and intelligent transportation system improvements along the corridor through the cities of Anaheim, Brea, Orange, Placentia, Santa Ana, and California Department of Transportation (Caltrans). The project will include data collection, design, construction, signal timing optimization, and ongoing operation and maintenance. This project is primarily a technology project that will upgrade existing traffic signals with new control cabinets, sensors, communication devices, and fiber optic cables where needed. On May 13, 2024, the OCTA Board of Directors awarded the City of Santa Ana and partnering agencies (the cities cited above) $4,568,526 for the Project which requires a 20% funding match in the amount of $1,142,132, of which the City of Santa Ana’s share is $381,277 ($351,277 cash and $30,000 in-kind staff time). City of Santa Ana was elected to lead the project on behalf of the partnering agencies due to staff’s experience with similar projects, the significance of this corridor in the Santa Ana traffic signal synchronization network, and the fact that the majority of the traffic signals on the corridor are owned and operated by City of Santa Ana. On October 15, 2024, City Council authorized an appropriation adjustment recognizing $4,568,526 in Measure M2 grant funding. On April 1, 2025, City Council approved a cooperative agreement and appropriation adjustment recognizing $760,855 in matching funds from the cities of Anaheim, Brea, Orange, and Placentia which allows the City to receive the necessary matching funds from the partnering agencies to complete the project funding. The total Measure M2 grant funding and match commitments from the participating agencies, including Santa Ana’s share, is $5,710,658. This funding will be used for the design and build of intelligent transportation system improvements and implementing and maintaining inter-jurisdictional traffic signal synchronization for a two- year operation and maintenance period. At the end of the two-year period, responsibility for ongoing signal timing maintenance will revert to the respective local agencies. Funding for Santa Ana’s portion of ongoing routine signal timing maintenance is budgeted annually in the Special Gas Tax Fund for Traffic Signal Maintenance. The Kraemer Boulevard, Glassell Street, and Grand Avenue corridor extends 15 miles from Lambert Road in the City of Brea to Dyer Road in the City of Santa Ana. The corridor connects the northern Orange County limits to the center of Orange County, encompassing 61 signalized intersections controlled by the cities of Anaheim, Brea, Orange, Placentia, Santa Ana, and Caltrans (Exhibit 1). The corridor serves a mix of residential, schools, retail, and large commercial land uses with traffic volumes ranging from 13,000 in the cities of Brea and Placentia, up to approximately 46,000 in Anaheim, and more than 40,000 vehicles daily in Santa Ana. The high traffic volumes and mix of land uses demand a well-synchronized traffic signal network to manage the peak traffic demand. The proposed traffic signal synchronization and improvements will enhance traffic flow along the corridor by reducing travel time, stops, delays, and traffic congestion. City Council 16 – 2 9/16/2025 Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project September 16, 2025 Page 3 5 3 1 5 The grant requires that this project be completed by December 31, 2028. Project Advertisement and Consultant Procurement On January 14, 2025, PWA released Request for Proposal (RFP) No. 24-121, by which it sought the Design-Build services of a qualified consulting firm to implement the Kraemer Boulevard, Glassell Street, and Grand Avenue Corridor Regional Traffic Signal Synchronization Project. The RFP was advertised and proposals were received electronically on the City’s online procurement management and publication system, PlanetBids, on February 4, 2025. The City notified a total of 932 regional vendors via PlanetBids, 40 of which are Santa Ana based. Fifty vendors requested bidding documents and four proposals were received and evaluated by a selection committee comprised of personnel from each participating agency/city. Based on criteria outlined in the RFP, the following summarizes the top responding firms: Firm City Ranking Arcadis U.S., Inc.Irvine, CA 1 Iteris, Inc.Santa Ana, CA 2 Advantec Consulting Irvine, CA 3 AGA Engineers, Inc.Fullerton, CA 4 Arcadis U.S., Inc. (Arcadis) is an accomplished engineering, construction management, and environmental consulting firm with nearly 70 years of experience working with public and private agencies throughout the country and Southern California. Arcadis has a highly skilled and efficient Design-Build team that combines local experience with global expertise in managing large regional traffic signal synchronization projects. The Arcadis Design Build team includes four local subcontractors, AET & Associates and LLG Transportation Engineers & Partners, for engineering design support services, AimTD for traffic data collection, and Yunex Traffic for construction. Arcadis is currently performing work as the prime engineering firm on the McFadden Transit Signal Priority Pilot Project to enhance bus operations and safety along McFadden Avenue. Their experience supporting agencies nationwide in deploying traffic signal intelligent transportation technologies reassures their ability to enhance traffic flow and safety along the Kraemer Boulevard, Glassell Street, and Grand Avenue Corridor. Staff recommends awarding the agreement to Arcadis U.S., Inc., to implement the Kraemer Boulevard, Glassell Street, and Grand Avenue Corridor Regional Traffic Signal Synchronization Project (Exhibit 2). City Council 16 – 3 9/16/2025 Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project September 16, 2025 Page 4 5 3 1 5 Project Schedule and Contract Time The project will be implemented in two phases, Primary Implementation (PI) and Operations & Maintenance (O&M). The Primary Implementation phase will design and construct the improvements along with Signal Timing Implementation. Once the PI phase is complete, a subsequent two (2) year O&M period will provide continued support and finetuning of the newly implemented optimized timing. The two-phase approach will accomplish the scope of work as outlined in the grant documents. The consultant is responsible for determining the scheduling and sequencing of activities based on their proposed means and methods to complete both phases in the time allotted. System construction is estimated to be completed September 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. O&M is estimated to be completed September 2028 which will provide two (2) years of support and finetuning of the newly implemented optimized timing. The design-build contract will provide both design and construction services, streamlining the project delivery from start to finish. The actual completion date will depend on the consultant’s schedule, material procurement timelines, and any unforeseen delays. Based on a typical project timeline, the estimated project completion is provided below; Project Milestones Milestone Estimated Completion Date Notes Primary Implementation (PI)- Phase 1 September 2026 Data Collection December 2025 Field Review, Traffic Counts, Before and After Studies Signal Timing Optimization and Implementation September 2026 Concept of Operations, Optimized Timing, Field Implementation, Fine Tuning Project Report September 2026 Executive Summary System Design and Construction September 2026 Design Plans and Specifications, Material Procurement, Construction, Construction Administration, Inspections Operation & Maintenance (O&M) - Phase 2 September 2028 Continuing Support September 2028 On Call Signal System and Timing Support City Council 16 – 4 9/16/2025 Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project September 16, 2025 Page 5 5 3 1 5 Milestone Estimated Completion Date Notes Final Technical Memorandum September 2028 Technical Memorandum Project Delivery To deliver a complete project, in addition to the design-build contract, the estimated total project delivery cost includes a budget allocation for engineering administration and inspection. Engineering administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, and implementation of the labor requirements. Any of the allocated City of Santa Ana local match funds not spent are considered project savings and are returned to the M2 Fairshare fund balance upon close out of the project. As indicated in the Cost Analysis (Exhibit 3) and as summarized in the table below, the estimated total construction delivery cost of the project is $5,710,658. Project Item Total Design-Build Contract Amount $5,680,658 Engineering Administration $30,000 TOTAL ESTIMATED DESIGN-BUILD DELIVERY COST $5,710,658 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(b) of the CEQA Guidelines for projects consisting of repair/maintenance of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines and Categorical Exemption Environmental Review No. ER-2025-82 will be filed for Project 25-6750 (Exhibit 4). FISCAL IMPACT The funds were budgeted and available in the following accounts for Fiscal Year 2024- 2025 and will be carried forward for use in Fiscal Year 2025-2026, subject to City Council approval of the carryover on October 7, 2025 (Exhibit 5). City Council 16 – 5 9/16/2025 Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project September 16, 2025 Page 6 5 3 1 5 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Amount 2025-26 03217663- 66220 (25-6705) Measure M- Street Construction Measure M2 Competitive Street, Improvements Other Than Buildings $4,568,526 2025-26 03217663- 66220 (25-6705) Measure M- Street Construction Measure M2 Competitive Street, Improvements Other Than Buildings $760,855 2025-26 03217662- 66220 (25-6705) Measure M- Street Construction Measure M2 Local Fairshare St, Improvements Other Than Buildings $381,277 Total:$5,710,658 EXHIBIT(S) 1. Location Map 2. Agreement with Arcadis U.S., Inc. 3. Cost Analysis 4. Environmental Determination 5. CIP Project Sheet Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 16 – 6 9/16/2025 PWA SANTA ANA PUBLIC WORKS AGENCY Project No. 25-6705: Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization EXHIBIT 1 City Council 16 – 7 9/16/2025 EXHIBIT 2 AGREEMENT WITH ARCADIS U.S. INC. TO PROVIDE DESIGN-BUILD SERVICES FOR REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS AGREEMENT is made and entered into on this 16th day of September, 2025 by and between Arcadis U.S., Inc., a Delaware corporation, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On February 5, 2025, City issued Request for Proposal (“RFP”) No. 24-121, by which it sought qualified consultants to provide traffic and intelligent transportation systems Design-Build Services for Kraemer Boulevard/ Glassell Street/ Grand Avenue Corridor Regional Traffic Signal Synchronization Project. B. C. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-121. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of work that was included in RFP No. 24-121, which is attached hereto as Exhibit A and incorporated by reference. 2.COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, which is attached hereto and incorporated by reference. The total compensation for services provided shall not exceed Five Million, Six Hundred and Eighty Thousand, Six Hundred and Fifty-Eight Dollars ($5,680,658) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the Page 1 of 11 City Council 16 – 8 9/16/2025 City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above for a three (3) year term, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and the City Attorney. 4.PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and Page 2 of 11 City Council 16 – 9 9/16/2025 perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability: with limits no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or Page 3 of 11 City Council 16 – 10 9/16/2025 operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Cesar Rodriguez, 20 Civic Center Plaza, M-43, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 4 of 11 City Council 16 – 11 9/16/2025 8.BONDS Consultant shall furnish two bonds to be approved by the City, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the City. Consultant shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9.INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 10.INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 5 of 11 City Council 16 – 12 9/16/2025 11.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 12.CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 13.CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council Page 6 of 11 City Council 16 – 13 9/16/2025 resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 14.NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 16.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without Page 7 of 11 City Council 16 – 14 9/16/2025 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 17.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. b. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 19.JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20.PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21.NOTICE Page 8 of 11 City Council 16 – 15 9/16/2025 Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-5635 To Consultant: Arcadis U.S., Inc. Attn: Ramin Massoumi, Global Director 18401 Von Karman Avenue, Suite #300 Irvine, CA 92612 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 22.CALIFORNIA AIR RESOURCES BOARD (CARB) COMPLIANCE Consultant shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Page 9 of 11 City Council 16 – 16 9/16/2025 Throughout the Project, and for three (3) years thereafter, Consultant shall make available for inspection and copying any and all documents or information associated with Consultant and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Consultant is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Consultant shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Consultant shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. 23.COMMUNITY WORKFORCE AGREEMENT Consultant shall adhere to the City’s Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for Consultant to follow in the crafts persons employed to complete the Project as more fully described in the CWA. The CWA may be found on the City’s website at: CWA City of Santa Ana 12-20- 2023 24.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. c. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the Parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 10 of 11 City Council 16 – 17 9/16/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA Jennifer L. Hall City Clerk Alvaro Nuñez City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CONSULTANT: By: Kyle By: Ramin Massoumi Title: Global DirectorAssistant City Attorney RECOMMENDED FOR APPROVAL: Rodolfo Rosas Digitally signed by Rodolfo Rosas Date: 2025.08.28 13:54:04 -07'00' Rudy Rosas, PE Acting Executive Director Public Works Agency Page 11 of 11 City Council 16 – 18 9/16/2025 EXHIBIT A City Council 16 – 19 9/16/2025 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES SCOPE OF WORK Design-Build Services: Kraemer Boulevard/ Glassell Street/ Grand Avenue Corridor Regional Traffic Signal Synchronization Project INTRODUCTION The Orange County Transportation Authority (OCTA) awarded the City of Santa Ana and its Partner Agencies with Regional Traffic Signal Synchronization Program (RTSSP) Project P funding under Measure M2 competitive program. The City of Santa Ana will be the lead and implementing agency for the design and construction of traffic signal improvements and optimized synchronization timing through the project corridor. The Partner Agencies on this project include the cities of Brea, Placentia, Anaheim, and Orange. The California Department of Transportation (Caltrans) is not a fiscal participant in the project however the project agencies will execute a cooperative agreement with Caltrans for the implementation of optimized signal timing at the Caltrans intersections. There are no proposed physical improvements at the Caltrans signals. A project map and list of all intersections included in this project is included in Attachment A. City seeks to implement the Project through a design-build process whereby a single contract will be awarded for all design, construction, and ongoing operation and maintenance. This RFP details the Project description and includes project management, data collection, signal timing optimization and the proposed improvements that will be the basis for all subsequent design and construction services. The RFP requirements specified herein are directed to all members of the Design-Build Team including engineers, other consulting design professionals, general construction contractors, and other contractors engaged to design and/or construct the proposed improvements. PROJECT DESCRIPTION AND BACKGROUND The Kraemer Boulevard/ Glassell Street/ Grand Avenue corridor is a reinvigorated project originally performed and funded by M2 RTSSP in FY 2013/2014. The Kraemer Boulevard/ Glassell Street/ Grand Avenue corridor extends 15.14 miles from Lambert Road in the City of Brea to Dyer Road in the City of Santa Ana. The corridor encompasses 61 signalized intersections controlled by the Cities of Brea, Placentia, Anaheim, Orange, Santa Ana and the California Department of Transportation (Caltrans). The project shall be completed in two distinct sequential phases; Primary Implementation (Pl) followed by On-going Operations and Maintenance (O&M), respectively. The consultant assigned the Contract or this project shall complete the Pl phase within one year of Notice to Proceed. Upon acceptance of the Pl phase by City of Santa Ana and a Notice to Proceed into O&M phase, consultant shall then commence the O&M phase. O&M phase shall have a duration of 24 months. Project Closeout of the project length shall occur upon payment of retention, receipt of Final Report, and acceptance by all Agencies. 1 City Council 16 – 20 9/16/2025 CITY OF SANTA ANA Traffic signals to be synchronized along the corridor are controlled by the individual Agency owners. The Agencies along the corridor utilize several different types of controller assemblies. Controller Unit types employed within the assemblies may include various proprietary pre-Advanced Transportation Controllers (ATC) each having their own respective firmware/operating systems and characteristics; and, some of the newer ATC which is now a requirement of the Comprehensive Transportation Funding Program (CTFP) Guidelines. The respective Agencies also interface these controllers utilizing unique Advanced Transportation Management Systems (ATMS) or Master Central Systems. Per CTFP Guidelines, all ATMS to be installed or modified must comply with all applicable NTCIP standards for communications. SCOPE OF WORK The City of Santa Ana desires to retain an experienced firm (Design-Build Entity) to implement the Kraemer Boulevard/ Glassell Street/ Grand Avenue corridor Regional Traffic Signal Synchronization Project, approved by Orange County Transportation Authority (OCTA) as part of the 2024 Project P corridors from Renewed Measure M (M2). The City intends to enter into an agreement with the selected Firm for the services described herein and agreed to by both parties. Although the full scope of work shall be negotiated in the Design-Build Contract, as described herein, the selected Design-Build Entity will be expected to fulfill, at a minimum, the services and technical requirements described in the Scope of Work. The project length is approximately 15.14 miles and includes 61 signalized intersections, starting from Lambert Road in the City of Brea to Dyer Road in the City of Santa Ana (Attachment A- Project Map and Intersection List). The participating agencies are the Cities of Brea, Placentia, Anaheim, Orange, Santa Ana and the California Department of Transportation. Caltrans is a participating agency in the project and the participating Cities are committed to executing a cooperative agreement with Caltrans for the implementation of optimized signal timing at the Caltrans intersections. There are no proposed physical improvements at the Caltrans signals. The goals of the project are to implement all the required timing and traffic signal improvements identified in the Improvement List (Scope of Work- Attachment B), to improve traffic flow, reduce stop and minimize congestion on the Kraemer Boulevard/ Glassell Street/ Grand Avenue corridor. The scope of work includes but not limited to the followings:  Provide project and contract management throughout the project duration.  Provide timing and operation analysis, develop and implement optimized traffic signal synchronization timing for the corridor.  Provide engineering services to prepare plans, specifications and estimates for traffic signal equipment and related infrastructure improvements.  Upon approval by the owning Agencies and City of Santa Ana, procure, furnish and install all approved infrastructure improvements for project.  Provide construction management services to oversee the improvement implementations of the project.  Provide ongoing signal timing and maintenance support for 2-year after initial implementation of the timing. 2 City Council 16 – 21 9/16/2025 CITY OF SANTA ANA The following specific tasks are required to be performed in the course of providing service for the traffic signal coordination project. Tasks are listed in sequential order for clarity. However, tasks may run concurrently or commence prior to the order listed. I.Task 1: Project Management – Primary Implementation (PI) Phase Project management is ongoing throughout the duration of the PI Phase. This task includes day- to-day project management, such as meetings, progress reports, tracking of schedules, invoicing, and overall administration of the project. The consultant is required to maintain communication to all involved agencies including OCTA as to the ongoing status of the project. The consultant acts as an extension of Santa Ana staff and will act in that capacity at meetings with the respective corridor agencies. The following list is a minimum of what is required of this task: A. The consultant shall prepare a detailed Project Management Plan that includes budget and schedule estimates for all of the tasks described in the scope of work, providing specific project milestones for review and approval. These items shall be detailed and include expected meetings, activities (by work task, whether performed by consultant team or by others), start dates, activity durations, product submittal dates, relationships among work tasks (including critical path items), and a detailed flow chart for the project tasks, and float time. The Project Management Plan shall also define the roles of the Project Manager, Project Assistant(s), and Project Manager's Reporting Contact Person, as well as their corresponding contact information. B. Consultant shall lead two distinct Project Kick-Off Meetings; one with Santa Ana and the second with all Parties. 1. The first meeting will be to kick-off the project with Santa Ana; establish communication channels and protocols; discuss the Scope of Work, project schedule, and project budget; gather available information; and obtain a thorough understanding of the goals for the project. Specific topics to discuss include data collection needs, specific Traffic Signal Timing Optimization software programs specified herein, and specific construction items and procurement methodologies; intent of the original application and allowances or variants in design engineering, installation, and implementation; and project schedule. Administrative items to be discussed will include contact persons and secondary contacts for different functions of the project. Invoicing and reporting requirements on invoices with templates will be provided to consultant with explanations on how to provide monthly information on prime, sub-consultant, and vendor expenses on the invoice submittal. 2. The second meeting will be with the Consultant, City, and Partner Agencies that have signalized intersections along the Project. The focus of this meeting shall be to identify specific goals and develop effective strategy to accomplish them. The Consultant shall prepare an agenda to discuss critical tasks and schedule of work and a memorandum to document the Project goals and strategy. Data collection needs and requirements shall be outlined to the Partner Agencies. The Consultant shall notify each agency of the type of work, and when the work is to be performed within that agency. The Consultant shall notify each Partner Agency of any and all 3 City Council 16 – 22 9/16/2025 CITY OF SANTA ANA documents that need to be produced pertaining to the construction of the facilities and the coordination, including but not limited to: as-built drawings, new Plans, Specifications and Estimates (PS&E) for new construction related to this Project, intersection timing charts, existing Synchro models, aerial photos, Average Daily Traffic (ADT) and Turning Movement Counts (TMC) data, etc. C. Consultant shall conduct monthly progress meeting with participating agencies. Consultant shall prepare agendas, provide status updates, discuss the progress and direction of the work, and provide minutes for all meetings. Consultant may conduct additional meetings as necessary during the course of the project to address immediate issues or needs. D. Consultant is required to make presentations as necessary to OCTA or participating agency’s Council, designated Committee or interagency meetings to present project purpose and results. E. Consultant shall document and maintain separate project expenses for each participating agency. This information will be used by Santa Ana to bill Agencies for their respective project match. F. Consultant shall keep a running record of all scope changes and/or any deviations from awarded contract. This information will be used by Santa Ana to request for Scope Changes at the OCTA Semi-Annual Review. This information may be requested by City at any time. G. Consultant shall submit monthly invoices in the agreed format. Each invoice shall include a detailed progress report for the reporting month, all third-party invoices, schedule, and other backup documentation as requested by Santa Ana. Each invoice shall clearly identify the tasks worked on and percent complete. All costs accrued shall be broken down by task and Agency. All supporting documents for costs accrued shall be submitted as back-up. When applicable, the task and associated progress and costs shall be broken out and tracked by Partner Agency. H. Consultant shall ensure all third-party invoices for equipment procurement and sub contractor work clearly identifies project name, project location, and agency. Consultant will be required to provide backup documentation such as cashed check or ACH Payment for all equipment purchase I. The consultant shall be familiar with all relevant OCTA project delivery and documentation requirements, including, but not limited to Comprehensive Transportation Funding Programs Guidelines, Project P, and Measure M2. Consultant shall develop project schedule to ensure satisfying project delivery timelines; and advise City of all applicable OCTA requirements. The Consultant shall prepare, coordinate, and submit all necessary reporting and close-out documentations in compliance with OCTA requirements on behalf of the City. J. The Consultant shall create and maintain a file-sharing portal that shall be used for all Project correspondence, file transfer, and schedule management. Platform shall be 4 City Council 16 – 23 9/16/2025 CITY OF SANTA ANA approved by the City prior to implementation. All email correspondence shall include the City as a recipient. K. Consultant shall perform required coordination, including between project team, lead agency, participating agencies, Caltrans and OCTA. Task 1 Deliverables: 1. Organize and lead Project Kick-off Meetings and prepare agendas and meeting materials. 2. Draft and Final Detailed budget and schedule. 3. Draft and Final Detailed Project Management Plan - one copy for each participating agency. 4. Monthly progress reports, including detailed status of the work effort, outlook, issues/ solutions, and updated schedule shall be e-mailed to the City. 5. Attend all coordination meetings and prepare meeting materials, including agenda, action items, graphics, presentation aides, and notes/minutes. 6. Retain and provide electronic versions of all data files as directed by the City. 7. Prepare graphics and presentation aides required for all meetings. 8. All documents provided in electronic form should be those currently used by the City: Microsoft Office and PDF files. 9. All electronic data produced for the Project shall be provided on a flash drive or file sharing portal. 10. Monthly invoices in a format acceptable to the City, shall include all third-party invoices and other supporting documentation as requested by the City. 11. All reporting and close-out documentations in compliance with OCTA requirements and any applicable regulatory agency. II.Task 2: Data Collection Data, such as counts, field conditions, and travel time studies, collected along the project will provide the necessary insight to develop appropriate design construction documents and optimal time-of-day traffic signal coordination plans. This data will also be used to measure the effectiveness of the project. Since the Kraemer Boulevard/ Glassell Street/ Grand Avenue corridor is part of the OCTA Countywide Baseline Project, OCTA is currently collecting data, developing traffic signal synchronization timing, and will implement and fine tune new timing for all the fifty-seven (57) agency signals along this corridor, except the Caltrans signals. Therefore, Data Collection for this project will be limited to only the four (4) Caltrans intersections on the corridor. The Consultant shall coordinate the Data Collection task for this project with OCTA’s Countywide Baseline Project. Consultant shall coordinate with Caltrans, Santa Ana and Agencies to execute a Cooperative Agreement with Caltrans for this Task. Sub-Task 2.1: Counts Consultant shall collect, at a minimum, the following count data necessary to thoroughly understand existing traffic conditions in the study area. 5 City Council 16 – 24 9/16/2025 CITY OF SANTA ANA A. Coordinate with OCTA Countywide Baseline Project to obtain available 24-hour mid-week and 24-hour weekend machine counts along the project. 24-hour data will be used to determine the peak hour counts and synchronization. B. Coordinate with OCTA Countywide Baseline Project to obtain available vehicle classification counts at all locations where 24-hour counts are taken. C. Consultant shall conduct weekday and weekend peak period turning movement counts (TMC) at the four (4) Caltrans intersections. a. Weekday TMC counts shall be conducted for two hours of each peak period (AM, Mid-day, and PM). b. Weekend TMC counts shall be conducted for one 2-hour peak period (either on Saturday or Sunday). Exact time and day to be determined from 24 hours counts. D. Consultant shall collect signal timing and signal priority preferences, including, but not limited to, those related to pedestrian and bicycle timing, phase sequence modifications and preferences, and special operations such as conditional service, coordination preferred phase re-service, and ring-barrier logic, as well as the timing optimization software preference at the four (4) Caltrans intersections. E. Consultant shall perform thorough field inventory of the four (4) Caltrans intersections including traffic signal controller, related hardware, geometric layout and existing timing parameters as necessary for timing analysis. F. All counts shall be summarized in Microsoft Excel format. Counts shall also be summarized in a Comma Separated Values (CSV) file in the Universal Traffic Data Format (UTDF) for direct volume import into Synchro by peak period. Copies of the raw data count sheets shall also be provided to each involved Agencies and City of Santa Ana. Sub-Task 2.2: Field Review Consultant shall collect, at a minimum, the following field review necessary to thoroughly understand existing traffic conditions in the study area. A. Consultant shall review the geometric layout, existing traffic signal equipment, and signal synchronization related infrastructure to identify any deficiencies for each intersection and along the whole corridor/route. The review shall include an assessment of the existing intersection geometry, traffic conditions, traffic signal control equipment, and telemetry/interconnect facilities along the corridor and of each intersection using observation, available as-built plans, consultation with the local agencies, and Party supplied aerial photos. Consultant shall use a standard field form developed by consultant for this review that accounts for each piece of intersection data required. With permission of the local agencies, consultant shall inspect the interior of each traffic control cabinet, inspect the telemetry systems and determine their respective condition and make recommendations for equipment upgrades. Before and after photos of each cabinet shall be included with the field review inventory. Consultant is advised that certain infrastructure and equipment upgrades have been identified previously by the agencies and shall be a requirement of this project. These items are identified subsequently within this document. B. Consultant shall also include an identification of all planned and programmed improvements (widening projects, intersection improvements, etc.) on the study corridor. 6 City Council 16 – 25 9/16/2025 CITY OF SANTA ANA The identification of these projects should be at minimum a list summarizing all improvements. C. Key components of the corridor review shall include, at minimum, the following: 1. Corridor lane configurations and lane widths; 2. Existing street and lane geometries, curbs, bus turnouts, and medians; 3. Upcoming improvements to the corridor; 4. All Traffic Control Devices related to traffic signal operations at all project intersections, approaches to cross streets, and along project corridor; 5. Traffic signal control device information, such as type of device, brand and make, condition of equipment. Intersection Photographic Documentation Log shall be required; 6. Existing signal operation characteristics - signal phasing, cycle lengths, phase sequence alteration, and protective-permissive, etc.; 7. Crossing Arterial Coordination Operations 8. Crossing Arterial or Street with adjacent intersections within 2700 feet of project unless specifically made not part of the approved, project specific, supplemental application by OCTA. 9. Existing controller and telemetry/interconnect equipment, if any. Note if to be reused; 10. Existing time-referencing setup, if any; 11. Existing Central Master Equipment, if any. Note if to be reused and modified, salvaged and/or new; 12. Existing Field Master Equipment, if any. Note if to be reused and modified, salvaged and/or new; 13. Open each controller cabinet and take digital photos of all equipment inside before and after the installation of new equipment. 14. Note any deficiencies of traffic control equipment at each intersection; and 15. Note the maintenance condition or existence of the traffic signal equipment, controllers and synchronization related infrastructure. D. Consultant shall also investigate factors that are expected to affect signal progression including, but not limited to: intersections with high pedestrian or bicyclist volumes; over- saturated intersections; uneven lane distribution; high volumes of trucks and buses; high-volume unsignalized intersections, including interchanges; parking maneuvers; presence and location of bus stops; differing signal timing patterns among agencies; etc. E. With the goal of assisting, enhancing, and improving the traffic operations along this corridor, consultant shall identify any deficiencies of the existing traffic signal control and telemetry infrastructure and geometric layout, and provide recommendations towards simple solutions that may be implemented to correct such deficiencies. Consultant shall prepare a report summarizing the findings of the field review. Consultant shall prepare a report summarizing the findings of the data collection and field review completed as part of this task. This report will be incorporated into the Project Report (Task 5). 7 City Council 16 – 26 9/16/2025 CITY OF SANTA ANA Sub-Task 2.3: 'Before' Travel Time Studies Travel time studies will be used to measure the effectiveness of the project improvements and timing plans. At a minimum, consultant shall conduct the following travel time studies to measure the traffic conditions prior to the development and implementation of new timing plans. Since the Kraemer Boulevard/ Glassell Street/ Grand Avenue corridor is part of the OCTA Countywide Baseline Project, OCTA is currently collecting data, developing traffic signal synchronization timing, and will implement and fine tune new timing for all the fifty-seven (57) agency signals along this corridor, except the Caltrans signals. The Consultant shall coordinate the Before Travel Time Studies with OCTA’s Countywide Baseline Project. A. Project travel-time data shall be collected using the floating car method, a laptop computer, a GPS receiver unit, and Tru-Traffic. B. Consultant shall complete, at least, five (5) runs in each direction for each of the three weekday timing plans (AM, mid-day, and PM) and one Saturday mid-day plan. Number of runs shall be consistent for both directions and time periods. Based on engineering judgment and in conjunction with approval, consultant should subdivide the corridor into contiguous segments for the 'Before' and 'After' runs. Consultant shall notify and receive approval from Santa Ana on number of runs and contiguous segments to be accomplished. C. Consultant shall conduct a ‘Before’ field study report representative of the times and days for which synchronization plans will be developed. The report shall identify Measures of Effectiveness (MOE) to evaluate the effects of the synchronization plans. D. MOE’s to evaluate shall include, at a minimum, traffic flow, travel time, average speed, number of stops per mile, number of intersections traversed on green vs. stopped by red (Greens per Red) (note: Average Speed, stops per Mile, and Greens per Red are the new OCTA MOE, Corridor Synchronization Performance Index (CSPI)), fuel consumption reduction, pollution reduction, and other pertinent items. E. The CONSULTANT shall include the CSPI as part of the MOEs as they are easily identifiable by lay persons relevant to demonstrating corridor improvements. The identified MOE’s shall be compiled for the corridor using the floating car method and from latest Synchro and from Tru-Traffic. F. Consultant shall prepare a memorandum and present the findings to Santa Ana and partnering agencies outlining the findings of the ‘Before’ field study. 1. The report shall identify MOE to evaluate the effects of the synchronization plans. The identified MOE's shall be compiled for the corridor using the floating car method and from latest Synchro and from Tru-Traffic. 2. The report shall address likely optimization strategies for signal synchronization, specifically focusing on how to consider PROJECT optimization: end-to-end vs. coordinated zones. 8 City Council 16 – 27 9/16/2025 CITY OF SANTA ANA 3. Ideally, the analysis should include the floating car data and data collected as part of Task 2. However draft versions of the report can include previously collected traffic, travel time, or other data, if considered relevant and available, until the full set of data collected by CONSULTANT as part of Task 2 is available. 4. The memorandum shall provide a very good understanding of traffic patterns on PROJECT throughout the weekdays and throughout the weekend. The CONSULTANT shall perform due diligence with regard to existing and proposed timing operations on arterials that intersect with the PROJECT. 5. Tru-Traffic has the OCTA CSPI calculation formulas available for use, as well as the calculations for the latest emissions for GHG and other MOE's. 6. CONSULTANT shall finalize the memorandum based on comments received from Santa Ana and other involved agencies. G. Consultant shall present to the project team the traffic patterns on project scope and possible synchronization strategies to address the traffic patterns (optimizing the fill corridor versus optimizing segments identified with natural traffic breaks) to provide direction on the preferred signal timing strategy. Any requested presentation shall include as much of the turning movement, 24-hour machine counts, travel time, earlier city counts, etc. as available. Sub-Task 2.: 'After' Travel Time Studies Following the implementation of all system and timing enhancements, consultant shall schedule 'After' travel time studies to measure the effectiveness of the project. Since the Kraemer Boulevard/ Glassell Street/ Grand Avenue corridor is part of the OCTA Countywide Baseline Project, OCTA is currently collecting data, developing traffic signal synchronization timing, and will implement and fine tune new timing for all the fifty-seven (57) agency signals along this corridor, except the Caltrans signals. The Consultant shall coordinate the After Travel Time Studies with OCTA’s Countywide Baseline Project. A. The consultant shall conduct an 'After' field study representative of the times and days for which synchronization plans were developed. The 'After' study must be conducted in the same manner and contain the same MOE's as the 'Before' study in order to evaluate the improvements of the synchronization plans. B. At least five (5) runs will be completed in each direction for each of the three weekday timing plans (AM, mid-day, and PM), and at least five (5) runs will be completed in each direction during the Saturday midday plan. C. Project travel-time data shall be collected using the floating car method, a laptop computer, a GPS receiver unit, and the methodologies and software to match the 'Before' study, exactly. MOE's should be compiled for the optimized corridor using the floating car method output in latest Tru- Traffic and then from Synchro/SimTraffic. 9 City Council 16 – 28 9/16/2025 CITY OF SANTA ANA D. Consultant shall prepare a memorandum comparing the results of the 'Before' and 'After' field study with reference to the specific MOE's. The report shall specifically give data on total project cost for the Pl along with a one-year and three-year projection on benefit to cost. Consultant shall present the findings to the Board. E. Consultant shall finalize the memorandum based on comments from City of Santa Ana and involved agencies. GHG calculations shall be performed and incorporated into the memorandum and Final Report. City of Santa Ana may request a presentation on the comparison of the 'Before' and 'After' conditions along the PROJECT. Any requested presentation shall include visuals and short summaries of overall project achievements that can be quickly understood by staff of all levels. Deliverables - Task 2: 1. Report summarizing data collection and field review efforts, including intersection turning counts, traffic collision analysis, current traffic signal timing patterns, drawings and photos of intersection features, and recommended mitigations to perceived problems. 2. Deliverable of drawings, photos, and counts to Agencies shall be limited to political boundaries. 3. Draft and Final Memorandum documenting the results of the 'Before' study is to be distributed to City of Santa Ana and Partner Agencies as a discussion item. 4. Draft and Final Memorandum comparing the results of the 'Before' and 'After' studies, including benefit-to-cost ratio, to be distributed to City Santa Ana and Partner Agencies as a discussion item. 5. Electronic versions of all data files and memorandum to City Santa Ana and Partner Agencies. 6. Presentation to the City Santa Ana and Partner Agencies of the 'Before' and 'After' study comparison. III.Task 3: System Design and Construction If deemed necessary by City of Santa Ana or through request of a Partner Agencies, consultant shall prepare any design construction documents in the form of sketches to full-fledged Plans, Specifications, and Estimates (PS&E). Consultant shall prepare such plans for use in the construction of the project per each respective agency standards. Consultant shall supply such documentation to City of Santa Ana and the agency owning the affected facility for approval prior to commencing any construction. Sub-Task 3.1: Design Plans and Standards Consultant will be required to design, procure, install, construct, and implement all desired components of the project as described in List of Improvement (Scope of Work- Attachment B). At a minimum, consultant shall generate design plans as follows to ensure appropriate construction documents are developed to capture all improvements desired by the Agencies. 10 City Council 16 – 29 9/16/2025 CITY OF SANTA ANA A. Consultant will work directly with City of Santa Ana and Agencies at the outset of conceptual design to affect the most cost effective and time sensitive approach to design plans. B. Consultant shall coordinate with each Agency of the project to assess special construction requirements, needs and desires, either known and proposed or previously unforeseen or unknown but necessary to complete the project. 1. Conduct all required utility research and coordination for project, including ownership, information requests, preliminary notices and final notices. The Consultant shall identify any required relocations. 2. Survey existing conditions to locate existing improvements. Survey data collection should extend outside project limits sufficiently to plot joins to existing improvements, verification of unimpeded intersection sight distance triangles, and others. 3. Existing right-of-way limits and easements shall be identified and shown. Any required temporary construction easements shall be identified. 4. Prepare and submit permit applications to each regulatory agency required for plan approvals. Permit application fees will be paid by the City with proper documentation. Anticipated permits: 1. Encroachment permits from Caltrans 2. No-fee encroachment permits for work within each Partner Agency’s right-of-way. May require obtaining a City Business license for each respective Agency. 5. Individual agency design blocks (if available), preferences, standard plans and specifications will be provided to the awarded consultant. C. Consultant shall provide design services for interconnect plans along the project route. The interconnect plans may be submitted as high quality detailed aerial plans at 1" = 40' scale. The plans shall include, but not be limited to, all utilities, locations of control and communications cabinets, conduit runs, pull boxes, R/W and roadway centerlines, North Arrow, etc. The interconnect plans shall also provide terminations details at each signalized intersection and show the communication path from each intersection to a communications hub (if any) and to the appropriate Agency Traffic Management Center (TMC). All connections and terminations shall be indicated. D. Consultant shall provide design services for traffic signal modification plans at intersections where minor phasing or other electrical changes require an "as-built" drawing record change for the intersection. Plans shall be drawn at 1"= 20' scale and include all details described in (B) above. E. Plans shall be prepared in the latest version of MicroStation and/or AutoCAD software. 11 City Council 16 – 30 9/16/2025 CITY OF SANTA ANA F. Coordinate review of PS&E with each Partner Agency, within jurisdiction, at each level of design. All comments shall be tracked and addressed at each subsequent level of design. G. Comply with all laws, rules and regulations concerning environmental permitting. H. Consultant shall prepare maintenance related memoranda listing field conditions, maintenance, and design recommendations at the 60% submittal stage. Consultant shall also prepare an updated engineer's cost estimate to achieve desired and intended operation. Consultant shall negotiate with City of Santa Ana and Agencies to determine what shall be installed and implemented to maintain budgetary control. 1. All work and equipment supplied and/or necessary for project, including all labor and material and insurances, to make project operate as designed and intended shall be included in the lump sum price for project. All work and equipment including labor, material, and insurances for maintaining and operating existing electrical facilities including communications equipment shall be included in the lump sum price for project. 2. All work and equipment including labor, material, and insurances for utility location including potholing shall be included in the lump sum price for project. 3. Consultant shall contact each appropriate Agencies inspection services division to determine inspection costs that might impact project budget. 4. Electrical energy service costs and regular maintenance costs for project facilities under construction shall be borne by the owning Agency. Replacement and/or maintenance costs for project facilities caused by or from damage or negligence from public or Agency shall be borne by the owning Agency. Replacement and/or maintenance costs caused by or from damage or negligence on the part of consultant or sub - consultants, and/or vendors shall be borne by consultant. I. Prepare PS&E package for 60%, 90% and Final level of design. J. Consultant, at the Final Level submittal stage, shall provide all construction documents, including ITS design plans and a list of associated equipment, interconnect design plans and fiber strand splicing/termination diagrams to achieve desired and intended operation. Sub-Task 3.2: System Construction and Integration All work and equipment supplied for project shall comply and be done in accordance with the latest standards and provisions of each Agency, latest approved California Department of Transportation (Caltrans) Standard Plans and Standard Specifications, the Standard Specifications for Public Works Construction (SSPWC), as directed by Agency. Individual Agency standards for construction of infrastructure will be provided to consultant. 12 City Council 16 – 31 9/16/2025 CITY OF SANTA ANA A. Only when Agency and City of Santa Ana approves final design plans or provide written approval to proceed with system construction and integration, shall consultant begin the procurement and mobilization of system improvements on project. B. Consultant shall work directly with City of Santa Ana and affected Agencies to schedule, construct, and inspect the improvements implemented for this project. 1. NEC Certification is required for all persons who perform work as electricians for contractors licensed as Class C-10 electrical contractors under the Contractor’s State License Board Rules and Regulations. 2. The contractor shall keep the traffic signal system in operations at all times during construction except for the approved switchover shutdowns described below. 3. Traffic Signal shutdown shall be limited to four-hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday through Thursday), except as authorized by owning Agency. 4. Turn-on of new or rewired traffic signals, or those with a new controller cabinet shall only be scheduled for hours between 9 a.m. and 12 p.m. and shall not begin the functional test on a Friday, weekend, holiday or any day preceding a holiday, except as authorized by owning Agency. The Inspector shall be notified at least five (5) working days before the intended turn-on and provide method and schedule of turn-on procedure. 5. The Inspector shall be notified a minimum of two work days in advance of planned connection of the new or modified traffic signal to the traffic signal communications system, if the new or modified traffic signal is to be connected to the traffic signal communications system. 6. The contractor shall submit material submittals for approval prior to the start of construction or some cases, before manufacturing. 7. The Contractor shall be responsible for all electrical service details, coordinating and scheduling of work and necessary connections in advance of need. 8. The Contractor may perform sub-surface work consisting of the installation of conduit, and foundations, prior to receipt of all electrical materials and equipment. 9. Above-ground signal work shall not commence until such time that the contractor notifies the City of Santa Ana, in writing, of the date that all electrical materials and equipment are received and said work shall start within 15 days after said date. 10. All excavated material shall be removed from the site and backfilled with compacted crushed aggregate base material topped with temporary asphalt concrete on the same working day as removed. 13 City Council 16 – 32 9/16/2025 CITY OF SANTA ANA 11. All striping, pavement markings, and signing shall be in place prior to signal turn- on and/or opening of street to public travel. C. Consultant shall be responsible for performing or scheduling necessary testing, as specified by the Caltrans Standard Specifications, of all equipment procured for project. 1. All performance testing relative to tasks performed on this project shall be performed by an inspector determined by the owning Agency of the equipment being delivered or installed. 2. Testing of any traffic controller assemblies or traffic controller units shall be done per the policy at the direction of the owning Agency. All costs involved with testing shall be borne by the consultant. D. Unless noted by owning Agency or City of Santa Ana, consultant shall be responsible for the configuration and integration of all devices implemented on project. E. Consultant shall provide Agencies with construction management support throughout the system construction stage of project. The Consultant shall provide professional construction management services, including inspection, quality control, Critical Path Method (CPM) schedule management, utility coordination, and administration services during construction. Work shall be performed in accordance with City of Santa Ana standards of practice. The Consultant shall respond to all requests for information (RFIs), review shop drawing and material submittals, plans, and any other Project related documents. The Consultant shall assist the City with reviewing and negotiating proposed Construction Change Orders. The Consultant is expected to support the Project Construction Contractor with system integration (including, but not limited to installing/implementing and integrating all hardware and software) during the construction phase of the project. The Consultant is expected to coordinate with the Construction Contractor for installing and/or integrating new traffic signal controllers and cabinets, communication hardware, communication equipment, ITS equipment, etc. During construction, each agency will provide construction inspection services for those components subject to agency inspection. However, overall construction management will be required of the Consultant. Construction management services include Pre- Construction meeting, Construction Phase: 1. Arrange and conduct Pre-Construction meeting, inviting the Project Manager, Inspector, public utilities, private entities, general contractor and other project stakeholders. Prepare minutes of Pre-Construction meeting for distribution to all attendees. 2. Provide and maintain sufficient field personnel to administer and manage construction. 14 City Council 16 – 33 9/16/2025 CITY OF SANTA ANA 3. Review construction schedule, including activity sequences and duration, schedule of submittals and delivery schedule of long lead materials and equipment. Review contractor’s update and revisions as may be required to reflect actual progress of work. 4. Schedule and conduct progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, request for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees. 5. Investigate field problems affecting property owners and contractors. 6. Process, review and coordinate with City and Partner Agencies to approve contractor’s submittals 7. Process, review and track RFIs, submittals, shop drawings, proposed change orders and revisions. 8. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City. Conduct negotiations with contractors and resolve problems. 9. Maintain cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M). 10. Review contractor submittals for extra or unforeseen work. Review potential Construction Change Orders (CCO) for accuracy and provide recommendation(s) to City staff for proper course of action and processing of CCO’s. 11. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. 12. Assist City in coordinating services of other consultants that may be hired or selected for the project. 13. Respond to contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications. 14. Establish and implement job safety procedures in compliance with CAL-OSHA requirements. Monitor contractor’s compliance with established safety program, respond to deficiencies and hazards, and investigate and report on accidents. 15. Track quantities of work completed for progress payments. Develop and implement procedures for review and processing of progress payment applications. Assist City with review and certification for payment. 16. Establish procedures and monitor contractor compliance with state prevailing wage regulations and requirements. 17. Assist City in preparing and processing OCTA reimbursements. 18. Maintain a complete project filing system, including records of all changes and field notes. Filing system shall be in accordance with City procedures. Post-Construction Phase: 1. Evaluate completion of work and recommend to City when work is ready for final inspection. 2. Conduct final inspection/walk through with agency staff. 3. Coordinate with Inspector final punch list, including schedule for punch list completion. Monitor and follow through with contractor until completion of all punch list items. 15 City Council 16 – 34 9/16/2025 CITY OF SANTA ANA 4. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warranties and other documents as stipulated in contract documents. 5. Secure and provide neat and orderly material sheets, inspection reports 6. Review and process contractor’s request for final payment and release of retention. Sub-Task 3.3: Construction Documentation A. Consultant shall note any modifications, additions, or repair of missing or damaged signal synchronization infrastructure and other assets to be determined. Any changes desired during construction shall be documented and presented to the Agency and City of Santa Ana for approval. B. Consultant shall provide the appropriate warranties and guaranties for all procurement items. Manufacturers' warranties and guaranties furnished for materials used in the work and instruction sheets and parts lists supplied with materials shall be delivered to the owning Agency prior to acceptance of the project. Consultant, sub-consultant and vendors of equipment and material on project shall provide to the owning Agency the following Warranties and Guaranties: 1. ONE (1) YEAR GUARANTEE on LABOR and MATERIAL for all equipment furnished, installed, and/or modified. 2. THREE (3) YEAR GUARANTEE on Firmware and Software Patches, Fixes, Updates, and Upgrades for all central and local control and communications systems supplied. Note that for all ATMS, this price shall be included in the lump sum price for installation. Continuity testing for existing ATMS shall be limited to 10 percent of the construction cost and included in the cost of the ATMS installation. No special hardware license or maintenance package shall be allowed. Maintenance Contracts or extra fees for these specific tasks and deliverables shall not be allowed, shown as such on any document, nor charged to any Agency or City of Santa Ana by either the consultant, his/her sub- consultants, and/or vendors/suppliers, either jointly or severally, of the specified systems and related components for this service or task. (THIS MEANS SPECIFIC VENDOR MANDATED MAINTENANCE CONTRACTS SHALL NOT BE ALLOWED DURING THE ENTIRE 3 THREE YEAR CONTRACT PERIOD). If an agency wishes to enter into a Software and/or Hardware Maintenance Contract or Agreement with a specific vendor, they may do so at their sole expense. Enforcement of Standard Warranties or Guaranties for hardware and software or firmware specified heretofore shall be the sole responsibility of the Agency receiving the equipment. 16 City Council 16 – 35 9/16/2025 CITY OF SANTA ANA 3. Upon completion of construction and acceptance by owning Agency, consultant shall schedule a field visit to document final improvements and photograph final conditions of all devices implemented as part of project. 4. Consultant shall prepare as-built plans for any and all improvements that required design plans for project in Sub-Task 3.1. At the conclusion of construction, produce As-Built record drawings in both electronic and hard copy format of all improvements. The electronic copy shall include both original file format (AutoCAD/ MicroStation) and PDF. Hard copy shall include one full size (36”x24”) set of plans, on mylar for City records and one set on bond paper. A copy of both formats (electronic and hard copy) shall be provided to each Partner Agency. Deliverables - Task 3: 1. Utility coordination documents and records, including all letters of requests, responses, as-built drawings, utility logs, Preliminary and Final Notices. 2. All permit application submittals and final issued permits. 3. Plans, specifications and estimates for 60% and 90% level design, in both hard copy and electronic copy format. Copies of each level of design shall be provided to each Partner Agency. 4. Review Comment and Resolution tracking log, in Excel format. 5. Original files of the PS&E for each level of design (60%, 90% & Final), including MicroStation/AutoCAD files, Word and Excel files. 6. Any design and quantity calculations. 7. Final PS&E package, signed and stamped by a California Licensed Professional Engineer. 8. Final PS&E package shall be in both electronic and hard copy. Electronic file shall be in PDF format. Hard copy shall include one full size (36”x24”) set of plans, on bond for City records. Copies of Final design shall be provided to each Partner Agency. 9. Maintenance Memorandum during 60% submittal stage 10. Updated Cost Estimate for any additional improvements not included in this document 11. Procure and install any and all equipment as specified, and/or necessary, to make the proposed systems operate as originally intended, per this Scope of Work and Attachments or Appendices. 12. Negotiate with City of Santa Ana and Agency representatives on alternative procurements or substitutions as deemed necessary during the course of the project. 13. All WARRANTIES and GUARANTIES as specified. 14. All documentation shall be supplied to City of Santa Ana and Agencies in two hard copies and electronic copies. 15. Construction engineering and management records and files, including, but not limited to: a. Pre-Construction meeting agenda and notes b. Construction progress meeting minutes and notes c. Submitted shop drawings and materials submittals and subsequent reviews and responses 17 City Council 16 – 36 9/16/2025 CITY OF SANTA ANA d. Contractor correspondence e. Contract change order requests, calculations, estimates and documentation f. Compilation of all relevant inspection reports and photos g. Tracking of quantities of work completed and progress payments records and calculations h. Guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warranties and other documents as stipulated in contract documents i. Electronic versions of all files, organized and compiled in a logical manner. 16. Final As-Built record drawings in both hard copy and electronic format; provided to each Partner Agency. IV.Task 4: Signal Timing Optimization and Implementation The project aims to improve efficient traffic operations along the regional corridor for all modes of transportation. As part of this task, consultant will evaluate existing timing conditions, generate, implement and fine-tune recommended optimized signal timing plans based on available data and improvements planned in the project. Guidelines and standards for signal synchronization continue to evolve with the innovations in technology. City of Santa Ana encourages consultant to present progressive and forward-thinking optimization solutions for more efficient operations on this project. As stated in Task 2, this corridor is part of OCTA’s Countywide Baseline Project and is currently collecting data, developing traffic signal synchronization timing, and will implement and fine tune new timing for all the fifty-seven (57) agency signals along this corridor, except the Caltrans signals. Therefore, Signal Timing Optimization and Implementation for this project will be limited to the four (4) Caltrans intersections. The Consultant shall closely coordinate Signal Timing Optimization and Implementation with OCTA’s Countywide Baseline Project. Consultant shall coordinate with Caltrans, City of Santa Ana and Partner Agencies to execute a Cooperative Agreement with Caltrans for this Task. Sub-Task 4.1: Base Network A. Consultant shall work with the City of Santa Ana, Caltrans and Partner Agencies to develop a model of the four (4) Caltrans intersections and study area and calibrate the model based on field observations of existing conditions. B. Signal synchronization of existing and optimized networks shall be conducted in latest Synchro software. The consultant must be cognizant of the version of Synchro that the receiving Agency is using and provide any files in that version. C. The corridor model must be consistent with all aspects and seamlessly interface with the Countywide Baseline Project. The project shall be developed with latest Synchro and 18 City Council 16 – 37 9/16/2025 CITY OF SANTA ANA shall be easily imported and/or exported to and from those programs' respective database. It is recommended that the consultant utilize a GIS shapefile layer as the background from Synchro in the development of the base layout files. L a t e s t Tru-Traffic Software version should be used, subsequent to initial optimization, to augment and enhance green band throughput (offset, splits, phase rotation); and, to incorporate specific off band coordinated traffic platoons into the corridor operation as required by data analysis and field observations. Sub-Task 4.2: Basic Timing Review A. The consultant shall gather Caltrans standards, guidelines, and preferences for basic timing parameters, including walk, pedestrian clearance, yellow, all red, and bicycle clearance. B. Consultant should note that proposed new pedestrian timing standards have been approved at the Federal and State level. Additionally, new State standards have been adopted for yellow change intervals using the 85th percentile of a newly completed speed survey for a corridor rounded up to the nearest 5-mile an hour increment or the posted speed limit plus an additional 7 miles per hour (MPH) if over 30 MPH or an additional 10 MPH if posted 25 MPH or less. An inclusive table is provided in the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD). PARTIES must be contacted and provide policy and guidance to the consultant for calculations regarding these timing intervals. C. Consultant shall prepare excel tables for each Caltrans intersection on the corridor showing both existing and proposed pedestrian walk, pedestrian clearance, yellow change, and all red clearance intervals based on Agency preference and guidance. Timings will be used in optimized timings analysis and set on control systems in the field during implementation, if not already set. D. Consultant shall receive written approval of final recommended basic timing parameters from all Agency prior to proceeding with optimization of the corridor. Sub-Task 4.3: Concept of Operations A. The consultant shall, in concert with all Agency members, develop a Concept of Operations (CONOPS) for all time periods including AM, MD, PM, Weekend, and FREE operational patterns or plans. CONOPS shall provide operational procedures, plans, and strategies on how the traffic should flow optimally for all directions providing as many successive greens as possible to the motorist whether on the primary coordinated band or traversing from a primary coordinated band to another coordinated band or vice versa. Planned Stops will be allowed only as a last resort and must be approved by the PTF prior to implementation. B. CONOPS shall consider all special generators and known congestion points/areas such as freeway interchanges, schools, or shopping centers and analyze them for specific circulation flows and conditions that may require special plans or queue mitigation (flush) 19 City Council 16 – 38 9/16/2025 CITY OF SANTA ANA operations. For Diamond Interchanges, when possible, off ramp phase single entry operations coupled with coordinated phase through band with offset off ramp band flows should be employed for both directions. Dependent on spacing between off ramp intersections, dual entry operations may be appropriate. C. Consultant shall present from 2 to 3 timing plan operational scenarios dependent on coordinated and crossing arterial traffic conditions for timing plan implementation and the "when", "who", and "how". These scenarios will be part of the initial presentation of the corridor existing conditions, proposed groupings and cycle lengths report. Sub-Task 4.4: Coordinated Optimized Traffic Signal Timing A. Based on a consensus developed from discussions of the scenarios presented and then approved by the Agencies, the consultant shall prepare Coordinated Optimized Traffic Signal Timing Plans for the four (4) Caltrans intersections. B. Consultant will measure the saturation flow rates at key project intersections during one peak hour where the overall intersection volume-to-capacity ratio is greater than or equal to 0.8 as a calibration for the Synchro model. Timing parameters shall provide adequate crossing time to accommodate pedestrians within the phase split. C. Consultant shall develop an operational model within latest SimTraffic Version. The operational analysis will be used to micro-simulate and analyze specific roadway segments with queuing, spill back, starvation, storage blocking, and other queuing interactions, and to analyze and mitigate the conditions discovered by consultant and/or City of Santa Ana and Agencies in field reviews. D. Consultant shall develop optimized signal timings using the results from Synchro/SimTraffic, in conjunction with Tru-Traffic and recommend any changes to the signal phasing at each signalized intersection that may improve the efficiency of operations. Output of the modeling software shall not be utilized without proper QA/QC. Engineering judgment shall be utilized to determine final operational parameters. The recommended signal timing plans shall be reviewed by the City of Santa Ana and local Agency staff. 1. Consultant shall prepare, at minimum, three (3) timing plans for a typical weekday which consider the following peak periods: AM PEAK, MID-DAY PEAK, PM PEAK and one (1) timing plan for a typical Saturday/Sunday MID- DAY PEAK. Timing plans should be in Synchro, Tru-Traffic, and the preferred timing chart format of Caltrans or each local Agency. 2. Consultant shall prepare, special plans for congestion mitigation based on scenarios approved by the Agencies. 20 City Council 16 – 39 9/16/2025 CITY OF SANTA ANA E. Consultant shall prepare a memorandum detailing the proposed signal timing optimization and implementation plans for Agencies and City of Santa Ana to review and approve prior to generating timing charts for implementation and fine-tuning. Sub-Task 4.5: Signal Timing Implementation and Fine-Tuning Upon approval of the optimized signal timings by City Santa Ana, Caltrans and Agencies, consultant, at a minimum, shall prepare for new timing implementation and fine-tuning as follows. A. Consultant shall prepare timing charts for each the four (4) Caltrans intersections on the corridor showing the implementation-ready timing parameters based on Agency preference and guidance. These parameters may include, but is not limited to, approved basic timing, sequence, coordination pattern, action plan, day plan, schedule plan, and time of day function. B. Consultant shall implement or assist Caltrans staff in the implementation of new signal timings either through the central traffic signal system (if available) or direct implementation at the intersection controller units. Consultant shall use existing traffic signal interconnection systems, where they exist, and, as a result of the inter- jurisdictional nature of the project, shall implement time-based signal coordination techniques across signals controlled by different Agencies. Updated timing sheets containing the most current controller timing shall immediately be placed within the controller assembly and time/date stamped and signed by the City designate. C. As the project will be using time-based signal coordination, the consultant shall evaluate the current time-referencing of all traffic signal controllers and recommend a corridor-wide strategy to ensure that all traffic signal controllers are on synchronized time clocks linked to a master time source. Consultant shall verify that all Central Master or Local Field Master, and/or Local Controller unit clocks are: 1. Operating properly and are synchronized; 2. Referencing Coordinated Universal Time (UTC) and the reference for all cycle length calculation shall be 12:00 AM (midnight). D. Consultant shall fine-tune, or assist Caltrans staff in the fine-tuning of, the new settings and timings. Consultant shall fine-tune timings in the field and record all changes. Fine- tuning shall be conducted during times and days that are representative of the times and days for which coordination plans were developed. E. Consultant shall collect detailed notes of any and all implementation and fine-tuning activities by Agencies to include in the Project Report. F. Consultant shall utilize Tru-Traffic software on a laptop with appropriate GPS device and use the floating car method utilized in the project 'Before' Study to fine-tune the corridor operation and verify integrity of system intersection clocks. Synchronized Video shall be 21 City Council 16 – 40 9/16/2025 CITY OF SANTA ANA used to compare actual conditions to anticipated conditions dictated by the Tru-Traffic time- space diagram so that any anomalies may be corrected prior to the 'After' studies task. Deliverables - Task 4: 1. Excel Files of pedestrian and vehicle clearance intervals. 2. Concept of Operations Report including Scenarios Report. 3. Memorandum documenting the signal timing optimization and implementation. 4. All optimized and synchronized traffic signal timing plans, including existing corridor conditions and improved corridor conditions customized. 5. Field implementation of optimized traffic signal plans for existing corridor conditions, including all required fine-tuning. 6. Electronic versions of files from all Traffic Signal Modeling Software programs used in project. 7. Electronic versions of all other data files and memorandums. 8. Deliverables of final plans of other participating neighbor Agency to each participating Agency for timing shall only be the coordinated timing intervals and time of day plans. And, they shall be limited to one to three signalized intersections on each side of their respective political boundaries or as approved by participating neighbor Agency. V.Task 5: Project Report A. Consultant shall prepare a Project Report with an executive summary. The report shall provide complete documentation of the project, including, but not limited to: 1. Project scope, objectives, locations, findings, and recommendations 2. Data collected: counts, travel time studies, and project benefits achieved in terms of fuel savings, travel time, and other measurable parameters 3. For each intersection: lane configurations, signal phasing, turning movement data, and cycle lengths for existing and proposed timings for all peak periods 4. All work performed for system construction and signal timing optimization 5. Implementation schedule and improvements accomplished, including dates 6. Procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system The report shall document all planned and programmed improvements on the study corridor as well as recommendations based on Pl tasks for further infrastructure improvements that would likely improve the corridor signal coordination project results. Consultant shall present the final report and results of the project to the Santa Ana and Partner Agencies. The report shall be completed in accordance with the current CTFP Guidelines. Finally, the report shall provide recommendations with cost and benefit estimates for future improvements to traffic signal infrastructure (signal controllers, vehicle detection, communications, etc.), intersection capacity (appropriate signal phasing, lane strategies. These proposed improvements should be useful in determining future enhancements to the corridor. 22 City Council 16 – 41 9/16/2025 CITY OF SANTA ANA B. Consultant shall update the Project Report per Agency comments and submit a final version with all appendices in electronic and hard copies. Full appendices shall be provided to Santa Ana and Agency submittals shall be within Agency boundaries, unless approved by Agencies to include for all participants. C. Consultant shall prepare a Project Summary Sheet, one sheet front and back, that describes the project and improvements gained. This sheet will be used by City of Santa Ana and Agencies to present to the elected officials. D. Consultant shall complete the Primary Implementation Phase by obtaining approval from all Agencies and have paid all third-party vendors and sub- consultants/contractors. E. Consultant shall request in writing release of retention of funds for Primary Implementation Phase. Deliverables - Task 5: 1. Draft and Final Project Report (one electronic master, two hardcopies to City of Santa Ana, and one hardcopy per Agency) at the end of the one (1) year Implementation Phase. 2. Draft and Final Project Summary Sheet 3. Follow directions on closing out Primary Implementation Phase and release of retention funds. 4. Electronic versions of all data files as directed by City of Santa Ana. VI.Task 6: Ongoing Operations and Maintenance Phase Prior to beginning the Ongoing Operations and Maintenance (O&M) Phase of the project, consultant shall have completed all Pl tasks and received official written approval from the Agencies on completion of their respective project segments of the Pl Phase, and; 1. Invoiced and paid all third-party sub-consultants and vendors 2. Invoiced City of Santa Ana for the final invoice 3. Received payment for final invoice 4. Invoiced City of Santa Ana with Request Letter for Release of Final Retention on Pl Phase 5. Received payment of Final Retention Once these five items are complete, an NTP will be issued by the City of Santa Ana to consultant to advance to the O&M Phase. Until the NTP is issued, no work or hours may be charged against the Pl phase for the project. 23 City Council 16 – 42 9/16/2025 CITY OF SANTA ANA Task 6: Project Management- O&M Phase Project Management Costs associated with Task 6 are all inclusive and are not part of Task 1: Project Management (Pl). Project Management is ongoing throughout the duration of the O&M Phase of the project. This task includes day-to-day project management, such as meetings, progress reports, tracking of schedules, invoicing, and overall administration of the project. The Project Management shall continue in full force as specified in the Primary Implementation Phase. Consultant shall invoice monthly for all O&M tasks and shall include with the invoice a filled-out form of work performed based on one- or two-page template provided by City of Santa Ana at Kick-Off Meeting Number 1. Deliverables - Task 6: 1. Electronic versions of all data files as directed by City of Santa Ana. 2. Graphics and presentation aides required for all meetings. 3. Monthly invoicing including filled out Report Template of work performed. VII.Task 7: Continuing Support Consultant shall provide "on-call" signal system and timing support services for a period of two years or 24 months following the submittal of the Final Project Report and NTP from the City of Santa Ana, to address any future adjustments that may be needed during this period. At a minimum, consultant, shall provide the following continued support during this period. A. During this 24-month period, consultant shall be prepared to review any project intersection requested by the City of Santa Ana or Partner Agencies within (24) hours of written notice, including observing and fine-tuning the signal timing. Depending on the nature of the adjustment, consultant may accomplish the fine-tuning adjustments remotely from the office through the traffic management systems. B. During this 24-month period, consultant shall be prepared to review any request by the Santa Ana or Partner Agencies for system improvement, such as detection and communication, implemented as part of the project within (48) hours of written notice, including conducting a field visit. Consultant shall be responsible for identifying the appropriate response and coordinating with vendors and contractors for systems under warranty. C. Consultant shall drive the length of the project arterial during all designated corridor synchronization timing plan hours of operation on a monthly basis in order to verify that the synchronization timing is working as designed and complete any necessary adjustments. The number of runs and hours shall be approved by all Agencies. D. Consultant shall notify City of Santa Ana and respective corridor Agencies 24 hours prior to commencement of driving periods. All drives shall be documented and sent to City of Santa Ana as part of the monthly invoice. A copy, limited to political boundaries, shall also be sent to each Agency. 24 City Council 16 – 43 9/16/2025 CITY OF SANTA ANA E. Consultant shall determine the level of effort required to address any other signal system or signal timing requests during this period of support. These requests may include, but is not limited to, the following: 1. Update basic timing parameters due to change in Agency guidelines or speed surveys; 2. Evaluate new cycle lengths due to Agency crossing corridor or network update; 3. Configure communication switches due to change in IP schemes; and 4. Evaluate potential issues with signal system outside of project, such as an existing ATMS or Field Master, that significantly impacts the efficiency of the corridor. Consultant shall present level of effort and potential effect on monthly drive of the corridor to City of Santa Ana and Agencies. Note that any additional requests specific to one Agency should not impact the remaining Agencies on project. F. Consultant shall provide a monthly memorandum summarizing the status and trends of the corridor based on the runs conducted. Trip logs for the month from Tru-Traffic shall be provided to the Agencies. The memorandum shall include all additional tasks requested and completed during that month. Performance metrics comparisons from ATSPM, where available, shall also be included in the memorandum. Deliverables - Task 7: 1. 24 months of on-call support and revised signal timing plans and memorandum documenting recommendations and Agency actions. 2. Monthly memorandum with comparisons from field and ATSPM. 3. Electronic versions of all data files and memorandums. VIII.Task 8: Final Technical Memorandum At the end of the three (3) year contract period, consultant shall prepare a Technical Memorandum documenting the Ongoing Operations and Maintenance efforts and procedures for continuing maintenance. The memorandum shall document all planned and programmed improvements on the study corridor as well as recommendations for further infrastructure improvements that would likely improve the corridor signal coordination project results. The memorandum shall be completed in accordance with the current CTFP Guidelines. Consultant shall provide information to City of Santa Ana for the OCTA FINAL REPORT as required by the M2 Ordinance and Chapter 9 of the 2024 CTFP Guidelines. This report is a fill in the form type of report. Deliverables - Task 8: 1. O&M Technical Memorandum 2. Information required for OCTA FINAL REPORT and project closure 25 City Council 16 – 44 9/16/2025 CITY OF SANTA ANA IX.Project Schedule and Milestones Project Schedule and Milestones Task Starting Date June 2025 June 2025 June 2025 June 2025 April 2026 June 2026 June 2026 April 2028 Ending Date May 2026Task 1: Project Management - PI Phase Task 2: Data Collection September 2025 May 2026Task 3: System Design and Construction Task 4: Signal Timing Optimization and Implementation Task 5: Project Report May 2026 May 2026 Task 6: Project Management - O&M Phase Task 7: Continuing Support May 2028 May 2028 Task 8: Final Technical Memorandum May 2028 X.Attachments A. Attachment A – Project Map and Intersection List B. Attachment B – Improvement List 26 City Council 16 – 45 9/16/2025 CITY OF SANTA ANA ATTACHMENT A PROJECT MAP AND INTERSECTION LIST City Council 16 – 46 9/16/2025 CITY OF SANTA ANA ATTACHMENT A Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Intersection List Signalized intersections that are part of the project: Main Corridor 1 Kraemer Boulevard 2 Kraemer Boulevard 3 Kraemer Boulevard 4 Kraemer Boulevard 5 Kraemer Boulevard 6 Kraemer Boulevard 7 Kraemer Boulevard 8 Kraemer Boulevard 9 Kraemer Boulevard 10 Kraemer Boulevard 11 Kraemer Boulevard 12 Kraemer Boulevard 13 Kraemer Boulevard 14 Kraemer Boulevard 15 Kraemer Boulevard 16 Kraemer Boulevard 17 Kraemer Boulevard 18 Kraemer Boulevard 19 Kraemer Boulevard 20 Kraemer Boulevard 21 Kraemer Boulevard 22 Kraemer Boulevard 23 Kraemer Boulevard 24 Kraemer Boulevard 25 Glassell Street Cross Street Main Corridor 40 Glassell Street Cross Street SR-22 Westbound Ramp * SR-22 Eastbound Ramp * Fairhaven Avenue Santa Clara Avenue 21st Street Lambert Road Birch Street 41 Glassell Street 42 Grand Avenue 43 Grand Avenue 44 Grand Avenue 45 Grand Avenue 46 Grand Avenue 47 Grand Avenue 48 Grand Avenue 49 Grand Avenue 50 Grand Avenue 51 Grand Avenue 52 Grand Avenue 53 Grand Avenue 54 Grand Avenue 55 Grand Avenue 56 Grand Avenue 57 Grand Avenue 58 Grand Avenue 59 Grand Avenue 60 Grand Avenue 61 Grand Avenue Orbiter Street Birch Hills Mall Imperial Highway (SR-90) * Buttonwood Drive/ Saturn Street Golden Avenue 17th Street I-5 Northbound Ramp Santa Ana Blvd/I-5 Southbound Ramp Fruit Street Patrician Lane Bastanchury Road Yorba Linda Boulevard Sheffield Street/Morse Avenue Madison Avenue OC Register 4th Street 1st Street Alta Vista Street Chestnut Avenue Chapman Avenue (North) Hawaii Way McFadden Avenue Century High School Edinger AvenueCrowther Avenue Orangethorpe Avenue La Jolla Street St Andrew Place St Gertrude Place Warner AvenueMiraloma Avenue Coronado Street Hotel Terrace Drive/Brookhollow Dr SR-55 Southbound Off-Ramp Dyer Road Fire Signal La Palma Avenue SR-91 Westbound Off-Ramp * Frontera Street Riverdale Avenue Riverbend Parkway/Richland Avenue Lincoln Avenue 26 Glassell Street 27 Glassell Street 28 Glassell Street Fletcher Avenue 29 Glassell Street Meats Avenue 30 Glassell Street Grove Avenue 31 Glassell Street Orange Olive Road Taft Avenue32 Glassell Street 33 Glassell Street Katella Avenue 34 Glassell Street Wilson Avenue/Adams Avenue Collins Avenue Legend 35 Glassell Street Brea 36 Glassell Street Walnut Avenue Placentia Anaheim Orange 37 Glassell Street Sycamore Avenue/University Drive Palm Avenue38 Glassell Street 39 Glassell Street La Veta Avenue Santa Ana * Caltrans Offset signalized intersections that are part of the project: Main Street 1 Taft Avenue Cross Street Shaffer Street 2 Fairhaven Avenue Cambridge Street 3 Santa Ana Boulevard I-5 SB On/Off Ramp City Council 16 – 47 9/16/2025 CITY OF SANTA ANA ATTACHMENT A Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Map Project Limits and Offset Signals City Council 16 – 48 9/16/2025 CITY OF SANTA ANA ATTACHMENT B IMPROVEMENT LIST City Council 16 – 49 9/16/2025 CITY OF SANTA ANA ATTACHMENT B Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Improvement List Kraemer Boulevard/ Glassell Street/ Grand Avenue @ Lambert Road Lambert Road Lambert Road Lambert Road Lambert Road Birch Street Birch Street Birch Street Birch Street Orbiter Street Orbiter Street Orbiter Street Birch Hills Mall Birch Hills Mall Birch Hills Mall Item No.Agency Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Brea Placentia Placentia Placentia Item Description Unit Quantity 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Furnish and Install Ethernet Switch- Etherwan EX78802-0YBT (w/ (2) 1G SFP's and Power Supply) Furnish and Install Ethernet Switch- Etherwan EG972444-4VZ Layer 3 (w/ (4) 10G SFP's and Power Supply) Furnish and Install ATC Controller - Qubic Commander w/ Scout Software Furnish and Install CCTV Camera- Axis Q6100-E Network Camera w/ Q6135-LE PTZ Camera Furnish and Install Video Detection System (4 Camera System)- Iteris Next Furnish and Install Ethernet Switch- Etherwan EX78802-0YBT (w/ (2) 1G SFP's and Power Supply) Furnish and Install ATC Controller - Qubic Commander w/ Scout Software Furnish and Install CCTV Camera- Axis Q6100-E Network Camera w/ Q6135-LE PTZ Camera Furnish and Install Video Detection System (4 Camera System)- Iteris Next Furnish and Install Ethernet Switch- Etherwan EX78802-0YBT (w/ (2) 1G SFP's and Power Supply) Furnish and Install ATC Controller - Qubic Commander w/ Scout Software Furnish and Install Video Detection System (4 Camera System)- Iteris Next Furnish and Install Ethernet Switch- Etherwan EX78802-0YBT (w/ (2) 1G SFP's and Power Supply) Furnish and Install ATC Controller - Qubic Commander w/ Scout Software Furnish and Install Signal Cabinet on Existing Foundation- Type P44 Cubic Trafficware Cabinet Furnish and Install Video Detection System (4 Camera System)- Iteris Next Caltrans Cooperative Agreement Permit Fee (Timing Implementation only) Furnish and Install Ethernet Switch- Etherwan EX78802-0YBT (w/ (2) 1G SFP's and Power Supply) Furnish and Install ATC Controller - Qubic Commander w/ Scout Software Furnish and Install CCTV Camera- Axis Q6100-E Network Camera w/ Q6135-LE PTZ Camera Furnish and Install Video Detection System (4 Camera System)- Iteris Next Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 72-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install ATC Controller - Econolite Cobalt w/ EOS Software EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA LS EA EA EA EA EA EA EA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Birch Hills Mall Imperial Highway (SR-90) * Buttonwood Drive/ Saturn Street Buttonwood Drive/ Saturn Street Buttonwood Drive/ Saturn Street Buttonwood Drive/ Saturn Street Golden Avenue Golden Avenue Golden Avenue Furnish and Install Signal Cabinet on New Foundation- Western Systems Type P+ (including new Type III Meter Pedestal and SCE Design Fees) Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 72-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install CCTV Camera- Bosch Model MIC-ITS1080P-W30X7 (w/ PoE (IEN-POE-95) and mounting) Furnish and Install Video Detection System (4 Camera System)- Iteris Next Placentia Golden Avenue25 26 27 28 29 30 31 32 33 34 35 36 37 38 EA EA EA EA EA EA EA EA EA EA EA EA EA EA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Golden Avenue Patrician Lane Patrician Lane Patrician Lane Patrician Lane Patrician Lane Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Bastanchury Road Bastanchury Road Bastanchury Road Bastanchury Road Bastanchury Road Bastanchury Road Yorba Linda Boulevard Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 72-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install Signal Cabinet on Existing Foundation- Western Systems Type P+ Furnish and Install Video Detection System (4 Camera System)- Iteris Next Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Furnish and Install Layer 3 Ethernet Switch- Etherwan EG97244-CIN (w/ (16) GIS10M-CIN and (4) TIS10M-CIN SFP's and Power Supply) Reterminate existing 72-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 72-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 72-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) 39 40 41 42 43 44 45 Placentia Placentia Placentia Placentia Placentia Placentia Placentia Yorba Linda Boulevard Yorba Linda Boulevard Yorba Linda Boulevard Sheffield Street/Morse Avenue Sheffield Street/Morse Avenue Madison Avenue EA EA EA EA EA EA EA 1 1 1 1 1 1 1Madison Avenue City Council 16 – 50 9/16/2025 CITY OF SANTA ANA ATTACHMENT B Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Improvement List Kraemer Boulevard/ Glassell Street/ Grand Avenue @ Madison Avenue Alta Vista Street Alta Vista Street Alta Vista Street Item No.Agency Item Description Unit Quantity 46 47 48 49 Placentia Placentia Placentia Placentia Furnish and Install CCTV Camera- Bosch Model MIC-ITS1080P-W30X7 (w/ PoE (IEN-POE-95) and mounting) Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 72-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install ATC Controller - Econolite Cobalt w/ EOS Software EA EA EA EA 1 1 1 1 Furnish and Install Signal Cabinet on New Foundation- Western Systems Type P+ (including new Type III Meter Pedestal and SCE Design Fees) Furnish and Install Video Detection System (4 Camera System)- Iteris Next 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Placentia Alta Vista Street Alta Vista Street Alta Vista Street Chapman Avenue (North) Chapman Avenue (North) Chapman Avenue (North) Chapman Avenue (North) Chapman Avenue (North) Hawaii Way Hawaii Way Crowther Avenue Crowther Avenue Orangethorpe Avenue Orangethorpe Avenue Orangethorpe Avenue EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 72-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install Video Detection System (4 Camera System)- Iteris Next Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 72-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 12-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install Ethernet Switch- Etherwan EX78922H-CIN (w/ (2) GIS10M-CIN SFP's and Power Supply) Reterminate existing 12-SMFO Fiber Optic Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install Signal Cabinet on New Foundation- Western Systems Type P+ (including new Type III Meter Pedestal and SCE Design Fees)65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Placentia Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Anaheim Orangethorpe Avenue La Jolla Street La Jolla Street La Jolla Street La Jolla Street EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA LS EA EA EA EA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 2 Furnish and Install Ethernet Switch- EX73934X-0VB (w/ 4 SFP's and Power Supply) Furnish and Install ATC Controller - Econolite 2070 TS2 w/ 1C Module and EOS Software Furnish and Install Signal Cabinet on Existing Foundation- Western Systems Type P+ Furnish and Install CCTV Camera- Axis Q6075-E w/ mounting brackets (T91G61 & T91B57) Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Ethernet Switch- EX73934X-0VB (w/ 4 SFP's and Power Supply) Furnish and Install ATC Controller - Econolite 2070 TS2 w/ 1C Module and EOS Software Furnish and Install Signal Cabinet on Existing Foundation- Western Systems Type P+ Furnish and Install CCTV Camera- Axis Q6075-E w/ mounting brackets (T91G61 & T91B57) Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install SPM Software- Iteris ClearGuide SPM Furnish and Install Ethernet Switch- EX73934X-0VB (w/ 4 SFP's and Power Supply) Furnish and Install ATC Controller - Econolite 2070 TS2 w/ 1C Module and EOS Software Furnish and Install Signal Cabinet on Existing Foundation- Western Systems Type P+ Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install ATC Controller - Econolite 2070 TS2 w/ 1C Module and EOS Software Furnish and Install SPM Software- Iteris ClearGuide SPM La Jolla Street Miraloma Avenue Miraloma Avenue Miraloma Avenue Miraloma Avenue Miraloma Avenue Miraloma Avenue Coronado Street Coronado Street Coronado Street Coronado Street Fire Signal Fire Signal La Palma Avenue La Palma Avenue La Palma Avenue La Palma Avenue La Palma Avenue SR-91 Westbound Off-Ramp * Frontera Street Frontera Street Frontera Street Frontera Street Furnish and Install Ethernet Switch- EX73934X-0VB (w/ 4 SFP's and Power Supply) Furnish and Install ATC Controller - Econolite 2070 TS2 w/ 1C Module and EOS Software Furnish and Install CCTV Camera- Axis Q6075-E w/ mounting brackets (T91G61 & T91B57) Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install SPM Software- Iteris ClearGuide SPM Caltrans Cooperative Agreement (Timing Improvements only) Furnish and Install Ethernet Switch- EX73934X-0VB (w/ 4 SFP's and Power Supply) Furnish and Install ATC Controller - Econolite 2070 TS2 w/ 1C Module and EOS Software Furnish and Install Signal Cabinet on Existing Foundation- Western Systems Type P+ Furnish and Install CCTV Camera- Axis Q6075-E w/ mounting brackets (T91G61 & T91B57) City Council 16 – 51 9/16/2025 CITY OF SANTA ANA ATTACHMENT B Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Improvement List Kraemer Boulevard/ Glassell Street/ Grand Avenue @ Frontera Street Frontera Street Riverdale Avenue Riverdale Avenue Riverdale Avenue Riverdale Avenue Riverbend Parkway/ Richland Avenue Riverbend Parkway/ Richland Avenue Riverbend Parkway/ Richland Avenue Riverbend Parkway/ Richland Avenue Lincoln Avenue Lincoln Avenue Lincoln Avenue Lincoln Avenue Fletcher Avenue Item No.Agency Item Description Unit Quantity 93 94 95 96 97 Anaheim Anaheim Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install SPM Software- Iteris ClearGuide SPM Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Re-terminate existing 6-SMFO Fiber Optic Cable (including FDU and Splicing) EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software 98 99 Furnish and Install Signal Cabinet on Existing Foundation- P44 TS Type II (including modify foundation and relocate Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Re-terminate existing 6-SMFO Fiber Optic Cable (including FDU and Splicing)100 101 102 103 104 105 106 107 108 109 Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install Signal Cabinet on Existing Foundation- P44 TS Type II (including relocate BBS) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Fletcher Avenue Fletcher Avenue Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software 110 111 112 Orange Orange Orange Fletcher Avenue Meats Avenue Meats Avenue Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) EA EA EA 1 1 1 113 114 115 116 117 118 Orange Orange Orange Orange Orange Orange Meats Avenue Meats Avenue Meats Avenue Grove Avenue Grove Avenue Grove Avenue Furnish and Install 12-SMFO in Existing Conduit (Meats to Grove) (including remove existing interconnect copper) Furnish and Install Fiber Distribution Unit- Corning (including Fiber Terminations) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install Fiber Distribution Unit- Corning (including Fiber Terminations) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software LF 750 1 1 1 1 EA EA EA EA EA 1 119 Orange Grove Avenue Furnish and Install Signal Cabinet on Existing Foundation- P44 TS Type II (including relocate BBS)EA 1 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Taft Avenue Taft Avenue Taft Avenue Taft Avenue Katella Avenue Katella Avenue Wilson Avenue/Adams Avenue Wilson Avenue/Adams Avenue Wilson Avenue/Adams Avenue Collins Avenue Collins Avenue Collins Avenue Walnut Avenue Walnut Avenue Walnut Avenue Walnut Avenue Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install 6-SMFO Drop Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) EA EA EA 1 1 1 EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Sycamore Avenue/University Drive Sycamore Avenue/University Drive Sycamore Avenue/University Drive Sycamore Avenue/University Drive Palm Avenue City Council 16 – 52 9/16/2025 CITY OF SANTA ANA ATTACHMENT B Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Improvement List Kraemer Boulevard/ Glassell Street/Item No.Agency Orange Item Description Unit QuantityGrand Avenue @ 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 Palm Avenue Palm Avenue Palm Avenue La Veta Avenue La Veta Avenue La Veta Avenue La Veta Avenue La Veta Avenue SR-22 Westbound Ramp * SR-22 Eastbound Ramp * Taft Avenue @ Shaffer Street Taft Avenue @ Shaffer Street Taft Avenue @ Shaffer Street Taft Avenue @ Shaffer Street Taft Avenue @ Shaffer Street Taft Avenue @ Shaffer Street Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install ATC Controller - Econolite Cobalt w/ ASC3 Software Furnish and Install CCTV Camera- Cohu RISE Model CoStarHD RISE 4220HD Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Caltrans Cooperative Agreement Permit Fee (Timing Implementation only) Caltrans Cooperative Agreement Permit Fee (Timing Implementation only) Furnish and Install Ethernet Switch- Etherwan EX73922E-0VB (w/ (2) 1GB SFP's and Power Supply) Furnish and Install 48-SMFO in New Conduit (Glassell to Shaffer) Furnish and Install 2" PVC Conduit (Glassell to Shaffer) including potholing and restoration. Furnish and Install No. 6E Pull Box (including conduit sweep) Furnish and Install 6-SMFO Drop Cable (including Splicing, FDU and Splice Enclosure) Furnish and Install Signal Cabinet on Existing Foundation- P44 TS Type II (including relocate BBS) Furnish and Install Wireless Radio- Encom ENERGY INT Dual Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (Fairhaven to Santa Clara) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) EA EA EA EA EA EA EA EA LS LS EA LF 1 1 1 1 1 1 1 1 1 1 1 1400 1500 3 1 1 1 1 3000 1 1 1 1 1 Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange Orange LF EA EA EA EA EA LF EA EA EA EA EA Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install Signal Cabinet on New Foundation- Econolite ATCC (including new Type IIB Meter Pedestal, SCE Conduit, SCE Design Fees, No. 6E Pull Box, and necessary Conduits) Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (17th to I-5 NB Ramp) 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Fairhaven Avenue Santa Ana Santa Clara Avenue Santa Ana Santa Clara Avenue Santa Ana Santa Clara Avenue Santa Ana Santa Clara Avenue Santa Ana Santa Clara Avenue Santa Ana Santa Clara Avenue Santa Ana Santa Clara Avenue Santa Ana 21st Street Santa Ana 21st Street Santa Ana 21st Street Santa Ana 21st Street Santa Ana 21st Street Santa Ana 17th Street Santa Ana 17th Street Santa Ana 17th Street Santa Ana 17th Street EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA LF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2000 1 1 1 Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) EA EA EA EA Santa Ana 17th Street Santa Ana 17th Street Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable 1 City Council 16 – 53 9/16/2025 CITY OF SANTA ANA ATTACHMENT B Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Improvement List Kraemer Boulevard/ Glassell Street/Item No.Agency Item Description Unit QuantityGrand Avenue @ 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 Santa Ana 17th Street Santa Ana 17th Street Santa Ana 17th Street Santa Ana 17th Street Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (I-5 NB Ramp to Santa Ana Blvd) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish and Install Wireless Radio- Encom ENERGY INT Dual Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (Grand/Santa Ana to Santa Ana/I-5 SB Ramp) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (Grand/Santa Ana to Santa Ana/I-5 SB Ramp) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software EA EA EA EA EA LF EA EA EA EA EA EA EA EA LF EA EA EA EA EA EA EA LF EA EA EA EA EA 1 1 1 1 1 1000 1 1 1 1 1 1 1 1 1000 1 1 1 1 1 1 1 1000 1 1 1 Santa Ana I-5 Northbound Ramp Santa Ana I-5 Northbound Ramp Santa Ana I-5 Northbound Ramp Santa Ana I-5 Northbound Ramp Santa Ana I-5 Northbound Ramp Santa Ana I-5 Northbound Ramp Santa Ana I-5 Northbound Ramp Santa Ana I-5 Northbound Ramp Santa Ana Santa Ana Blvd/I-5 Southbound Ramp Santa Ana Santa Ana Blvd/I-5 Southbound Ramp Santa Ana Santa Ana Blvd/I-5 Southbound Ramp Santa Ana Santa Ana Blvd/I-5 Southbound Ramp Santa Ana Santa Ana Blvd/I-5 Southbound Ramp Santa Ana Santa Ana Blvd/I-5 Southbound Ramp Santa Ana Santa Ana Blvd/I-5 Southbound Ramp Santa Ana Santa Ana Blvd/I-5 Southbound Ramp Santa Ana Santa Ana Blvd/I-5 Southbound Ramp Santa Ana Fruit Street Santa Ana Fruit Street Santa Ana Fruit Street Santa Ana Fruit Street Santa Ana Fruit Street Santa Ana Fruit Street Santa Ana Fruit Street 1 1 Furnish and Install Signal Cabinet on New Foundation- Econolite ATCC (including new Type IIB Meter Pedestal, SCE Conduit, SCE Design Fees, No. 6E Pull Box, and necessary Conduits) Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish and Install Wireless Radio- Encom ENERGY INT Dual Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install CCTV Camera- Axis Q6315-LE (w/ Industrial POE Injector) Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (1st to Chestnut) Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (Chestnut to McFadden) 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 Santa Ana Fruit Street Santa Ana Fruit Street Santa Ana OC Register Santa Ana OC Register Santa Ana OC Register Santa Ana OC Register Santa Ana 4th Street Santa Ana 4th Street Santa Ana 4th Street Santa Ana 4th Street Santa Ana 4th Street Santa Ana 1st Street Santa Ana 1st Street Santa Ana 1st Street Santa Ana 1st Street Santa Ana 1st Street Santa Ana 1st Street Santa Ana 1st Street Santa Ana Chestnut Avenue Santa Ana Chestnut Avenue EA EA EA EA EA EA EA EA EA EA EA EA LF EA EA EA EA EA EA LF 1 1 1 1 1 1 1 1 1 1 1 1 1300 1 1 1 1 1 1 4000 City Council 16 – 54 9/16/2025 CITY OF SANTA ANA ATTACHMENT B Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Improvement List Kraemer Boulevard/ Glassell Street/Item No.Agency Item Description Unit QuantityGrand Avenue @ 236 237 238 239 240 241 242 243 244 245 Santa Ana Chestnut Avenue Santa Ana Chestnut Avenue Santa Ana Chestnut Avenue Santa Ana Chestnut Avenue Santa Ana Chestnut Avenue Santa Ana McFadden Avenue Santa Ana McFadden Avenue Santa Ana McFadden Avenue Santa Ana McFadden Avenue Santa Ana McFadden Avenue Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (McFadden to Century HS) Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software EA EA EA EA EA EA LF EA EA EA 1 1 1 1 1 1 1700 1 1 1 Furnish and Install Signal Cabinet on New Foundation- Econolite ATCC (including new Type IIB Meter Pedestal, SCE Conduit, SCE Design Fees, No. 6E Pull Box, and necessary Conduits) Furnish and Install Video Detection System (4 Camera System)- Econolite Autoscope Vision Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (Century HS to Edinger) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 Santa Ana McFadden Avenue Santa Ana McFadden Avenue Santa Ana McFadden Avenue Santa Ana McFadden Avenue Santa Ana Century High School Santa Ana Century High School Santa Ana Century High School Santa Ana Century High School Santa Ana Century High School Santa Ana Century High School Santa Ana Century High School Santa Ana Century High School Santa Ana Century High School Santa Ana Edinger Avenue Santa Ana Edinger Avenue Santa Ana Edinger Avenue Santa Ana Edinger Avenue Santa Ana Edinger Avenue Santa Ana St Andrew Place Santa Ana St Andrew Place Santa Ana St Andrew Place Santa Ana St Andrew Place Santa Ana St Andrew Place Santa Ana St Andrew Place Santa Ana St Andrew Place Santa Ana St Andrew Place Santa Ana St Andrew Place Santa Ana St Gertrude Place Santa Ana St Gertrude Place Santa Ana St Gertrude Place Santa Ana St Gertrude Place Santa Ana St Gertrude Place Santa Ana St Gertrude Place Santa Ana St Gertrude Place Santa Ana St Gertrude Place Santa Ana Warner Avenue Santa Ana Warner Avenue Santa Ana Warner Avenue EA EA EA EA EA LF EA EA EA EA EA EA EA EA LF EA EA EA EA LF EA EA EA EA EA EA EA EA LF 1 1 1 1 1 1400 1 1 1 1 1 1 1 1 2000 1 1 1 1 1500 1 1 1 1 1 1 1 1 1700 1 1 1 Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install Audible Pedestrian Detection System- Polara (iNS2 ) Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (Edinger to St Andrew) Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish and Install CCTV Camera- Axis Q6315-LE (w/ Industrial POE Injector) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (St Andrew to St Gertrude) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install CCTV Camera- Axis Q6315-LE (w/ Industrial POE Injector) Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (St Gertrude to Warner) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) EA EA EA EA EA EA EA LF Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (Warner to Hotel Terrace) Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) 1 1 1 1 1700 1EA City Council 16 – 55 9/16/2025 CITY OF SANTA ANA ATTACHMENT B Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Improvement List Kraemer Boulevard/ Glassell Street/Item No.Agency Item Description Unit QuantityGrand Avenue @ 284 285 Santa Ana Warner Avenue Santa Ana Warner Avenue Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software EA EA 1 1 Furnish and Install Signal Cabinet on New Foundation- Econolite ATCC (including new Type IIB Meter Pedestal, SCE Conduit, SCE Design Fees, No. 6E Pull Box, and necessary Conduits) Furnish and Install CCTV Camera- Axis Q6315-LE (w/ Industrial POE Injector) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit (Hotel Terrace to SR-55) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 120-SMFO in Existing Conduit ( SR-55 to Dyer) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 Santa Ana Warner Avenue Santa Ana Warner Avenue EA EA EA LF EA EA EA EA EA EA EA LF EA EA EA EA EA EA EA EA EA 1 1 1 700 1 1 1 1 1 1 1 1500 1 1 1 1 1 1 1 Santa Ana Hotel Terrace Drive/Brookhollow Dr Santa Ana Hotel Terrace Drive/Brookhollow Dr Santa Ana Hotel Terrace Drive/Brookhollow Dr Santa Ana Hotel Terrace Drive/Brookhollow Dr Santa Ana Hotel Terrace Drive/Brookhollow Dr Santa Ana Hotel Terrace Drive/Brookhollow Dr Santa Ana Hotel Terrace Drive/Brookhollow Dr Santa Ana Hotel Terrace Drive/Brookhollow Dr Santa Ana SR-55 Southbound Off-Ramp Santa Ana SR-55 Southbound Off-Ramp Santa Ana SR-55 Southbound Off-Ramp Santa Ana SR-55 Southbound Off-Ramp Santa Ana SR-55 Southbound Off-Ramp Santa Ana SR-55 Southbound Off-Ramp Santa Ana SR-55 Southbound Off-Ramp Santa Ana SR-55 Southbound Off-Ramp Santa Ana Dyer Road Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Santa Ana Dyer Road Santa Ana Dyer Road 1 1 307 308 309 Santa Ana Dyer Road Furnish and Install SPM Software- Econolite Centracs Mobility (w/ 3 year Licensing) Furnish and Install Wireless Radio- Encom ENERGY INT Dual EA EA EA 1 1 1 Santa Ana Fairhaven Avenue @ Cambridge Street Santa Ana Fairhaven Avenue @ Cambridge Street Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) 310 311 312 313 314 315 316 317 318 319 Santa Ana Fairhaven Avenue @ Cambridge Street Santa Ana Santa Ana Boulevard @ I-5 SB On/Off Santa Ana Santa Ana Boulevard @ I-5 SB On/Off Santa Ana Santa Ana Boulevard @ I-5 SB On/Off Santa Ana Santa Ana Boulevard @ I-5 SB On/Off Santa Ana Santa Ana Boulevard @ I-5 SB On/Off Santa Ana Santa Ana Boulevard @ I-5 SB On/Off Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish Ethernet Switch- Etherwan EX78934X-0VB (w/ (4) 1GB SFP's and Power Supply) Furnish and Install 12-SMFO Drop Cable Furnish and Install Fiber Distribution Unit- Corning CCH-01U (w/ Splicing, Connector Panels, and Trays) Furnish and Install No. 6E Pull Box (including conduit sweep) Furnish and Install Splice Enclosure. Splice 12-SMFO Drop Cable to 120-SMFO Fiber Optic Cable Furnish ATC Controller - Econolite Cobalt w/ EOS Software Furnish and Install TMC Core 10GB Network Switch (w/ SFP's and Power Supply) Furnish and Install Dell Workstation with Dual monitors Furnish and Install Synchro Green Central System Licenses ( 5 Intersections) Furnish and Install Layer 3 Ethernet Switch- Etherwan EG97244-CIN (w/ (16) GIS10M-CIN and (4) TIS10M-CIN SFP's and Power Supply) Furnish and Install Digital Watchdog VMS Server and Licensing Furnish and Install Central System Dell Server (Video/ Traffic Management Systems) Furnish and Install Dell Workstation with Dual Monitors EA EA EA EA EA EA EA EA EA EA 1 1 1 1 1 1 1 1 1 1 Brea Brea Brea TMC Improvements TMC Improvements TMC Improvements 320 321 322 323 324 325 326 327 328 329 330 Placentia Placentia Placentia Placentia Placentia Placentia Placentia Anaheim Anaheim Orange TMC Improvements TMC Improvements TMC Improvements TMC Improvements TMC Improvements TMC Improvements TMC Improvements TMC Improvements TMC Improvements TMC Improvements TMC Improvements EA EA EA EA EA EA EA EA EA EA EA 1 1 1 1 1 1 1 1 1 1 1 Furnish and Install Synchro Software License Furnish and Install Server Rack Furnish and Install Ip Schematic Furnish and Install Econolite Centracs Software Licensing Furnish and Install Central System Server Furnish and Install TMC Console (with 2 chairs) Furnish and Install Touch Panel Screen (Crestron 15" Touch Panel)Orange City Council 16 – 56 9/16/2025 CITY OF SANTA ANA ATTACHMENT B Kraemer Boulevard/ Glassell Street/ Grand Avenue RTSSP Improvement List Kraemer Boulevard/ Glassell Street/ Grand Avenue @ TMC Improvements TMC Improvements TMC Improvements TMC Improvements TMC Improvements Item No.Agency Orange Orange Orange Orange Orange Item Description Unit Quantity 331 332 333 334 335 336 337 338 339 Furnish and Install Computer Workstations (Dell - Precision 5820 Tower) Furnish and Install Workstation Monitor (Dell - UltraSharp 27" 4K Monitors or similar) Furnish and Install Wireless Radio- Encom Radio ELT-58-INT-US-KIT (including remove existing radio) Furnish and Install LED Flat Screen Display (Samsung 65" LED 4K Display) Furnish and Install Switch- - Etherwan EG972444-4VZ Layer 3 (w/ (4) 10G SFP's and Power Supply) Furnish and Install Dell Workstation with Dual Monitors EA EA EA EA EA EA EA EA EA 2 3 1 1 1 2 1 1 1 Santa Ana TMC Improvements Santa Ana TMC Improvements Santa Ana TMC Improvements Santa Ana TMC Improvements Furnish and Install Central System Dell Server Furnish and Install Milestone Xprotect Corporate VMS Device Licenses (40 Device licenses) City of Santa Ana Construction Permit Fee (CWA and Labor Oversight) City Council 16 – 57 9/16/2025 EXHIBIT B City Council 16 – 58 9/16/2025 City of Santa Ana RFP No. 24 -121: Design-Build Services for the Kraemer Boulevard / Glassell Street / Grand Avenue Corridor RTSS Project Cost Proposal | August 7, 2025 City Council 16 – 59 9/16/2025 Arcadis U.S., Inc. 18401 Von Karman Avenue Suite 300 Irvine, CA 92612 www.arcadis.com August 7, 2025 ATTN: Cesar Rodriguez, PE, TE | Senior Civil Engineer City of Santa Ana, Public Works Agency 20 Civic Center Plaza | Santa Ana, CA 927018 SUBJECT: COST PROPOSAL FOR THE KRAEMER BLVD / GLASSELL ST / GRAND AVE CORRIDOR RTSS PROJECT (RFP NO. 24-121) Dear Mr. Rodriguez: Arcadis U.S., Inc., is pleased to submit the enclosed cost proposal to provide Design-Build Services for the Kraemer Boulevard / Glassell Street / Grand Avenue Corridor RTSS Project. This proposal is submitted contingent upon the successful negotiation and execution of a mutually agreeable contract between Arcadis and the City of Santa Ana. Thank you for the opportunity to present our proposal. We look forward to collaborating with the City on this important project. Should you have any questions, please do not hesitate to contact me directly at (562) 221-2118 or via email at ramin.massoumi@arcadis.com, or reach out to Braulio Ramirez, our designated Project Manager, at (714) 878-0837 or via email at braulio.ramirez@arcadis.com. Sincerely, Ramin Massoumi, PE | Global Director – Intelligent Mobility Services | Arcadis U.S., Inc. 18401 Von Karman Avenue, Suite 300, Irvine, CA 92612 Tel. 562.221.2118 | ramin.massoumi@arcadis.com City of Santa Ana RFP No. 24-121: Design-Build Services for the Kraemer Blvd / Glassell St / Grand Ave Corridor RTSS Project City Council 16 – 60 9/16/2025 CITY OF SANTA ANA PROPOSER’S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Agency AnaheimBrea (6 Signals) Placentia (11 Signals) (7 Signals) (18 Signals) Orange Santa Ana Total CostProject Tasks (22 Signals) Task 1: Project Management - PI Phase $20,083.75 $35,398.15 $20,996.58 $60,263.00 $70,999.53 $207,741.01 Task 2: Data Collection $12,485.98 $53,740.00 $18,758.63 $52,440.00 $14,257.70 $59,333.09 $33,727.30 $31,326.26 $110,555.86 $445,226.21SubTask 3.1: Design Plans and Standards SubTask 3.2 and 3.3: System Construction and Integration, $`147,485.10 $132,228.02 $397,482.23 $810,067.59 $524,801.05 $1,065,496.88 $1,576,711.80 $4,374,559.55 Construction, Documentation Task 4: Signal Timing Optimization and Implementation $10,066.60 $6,601.52 $5,755.34 $ 8,068.52 $11,702.52 $22,005.06 $27,524.46 $73,350.21Task 5: Project Report $12,469.54 $24,205.57 Task 6: Project Management - O&M Phase Task 7: Continuing Support $2,556.21 $18,219.48 $1,856.60 $4,828.39 $20,436.89 $3,713.20 $3,124.25 $14,331.36 $2,062.89 $8,520.69 $36,379.62 $6,188.67 $9,372.75 $45,198.92 $6,807.54 $28,402.29 $134,566.26 Task 8: Final Technical $20,628.91 Memorandum $5,422,554.76Total Project Cost: __________________________________________________________________________________ City Council 16 – 61 9/16/2025 Arcadis U.S., Inc.Tel. 562.221.2118 | Fax: N/A__________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 18401 Von Karman Avenue, Suite 300, Irvine, CA 92612__________________________________________________________________________________ BUSINESS ADDRESS Ramin Massoumi, PE Global Director – Intelligent Mobility Services__________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE August 7, 2025 ramin.massoumi@arcadis.com__________________________________________________________ SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 57-0373224 N/A__________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE)CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) 164909__________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) City of Santa Ana RFP No. 24-121: Design-Build Services for the Kraemer Blvd / Glassell St / Grand Ave Corridor RTSS Project City Council 16 – 62 9/16/2025 KGG RTSSP FEE Admin CostTASKArcadisAETLLGYunexAimTD Costs Summary Per Agency TOTAL(SCE/CWA/Coop) TOTAL TOTAL TOTALTOTAL LABOR ODC TOTAL LABOR ODC TOTAL LABOR ODC Agency totalHOURSHOURSHOURS h h h h PI Phase Loaded Rates O&M Phase Rates $308 $317 302 12 $442 $455 12 $320 $330 128 8 $234 $242 10 $197 $203 0 $145 $167 $173 22 $265 12 $225 12 $195 $165 $150 $140 $125 $201 $212 $205 $170 0%0% 60,263.00 0%0%Hourly Rates $149 Project Administration Kick-Off Meetings 0 474 $145,372 $56,489 0 0 0 0 0 24 $5,880 $-0 0 0 0 0 0 $-$-$-$-$-$ $ $ $ $ 70,999.53 2,7$14.39 47$,717.81 66$3.29 $$20,996.58 8$22.54 $35,398.15 $20,083.75 $207,741.01 8,225.43 142,216.59 2,009.98 55,289.00 110,555.86 12,670.73 2,600.00 11,192.72 55,508.15 9,292.13 9,292.13 10,000.00 4,819,785.76 445,226.21 658,397.86 19,099.96 35,000.00 7,000.00 44,362.69 2,159,944.03 1,450,755.00 27,524.46 27,524.46 - $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 207,741.01 4 $24 438 $200 8,025 1,000 135,337 2,010 $2,467.63 4$2,264.34 $1,480.58 $ 740.29 23,603.76 13,$633.66 361.8$0 180.90 8,225.43 142,216.59 2,009.98 Task 1 Coordination & Meetings PI Invoicing 290 8 120 10 10 12 $$12 12 2 4$5,880 14$,997.03 20$1.00 $ $12 $ $602.99 $ Bond 0 $55,289 2,100 85,256 300 12,371 - -19$,904.04 1$4,928.03 4,9$76.01 $9,952.02 5$,528.90 55,289.00 110,555.86 12,670.73 2,600.00 Data Collection 48 1 40 60 122 132 0 $403 56 $0 0 0 0 0 40 40 40 0 $80 $-10,600 0 0 0 0 $$$$-2,600- 2,600 -$$$10,000 $31,326.26 $$33,727.30 18,758.6314,257.70 12,4$85.98 Data Collection and QC Subtask 2.1 TRAFFIC COUNT(AimTD) 8 8 8 16 16 $ $ $ $ 0 0 $- - - $4,4$34.75 - $3,674.51 $1,300.00 $3,357.82 1$4,819.69 $2,787.64 $2,787.64 $5,000.00 1,3$93.78 650.00 $1,900.61 1$,267.07 0 $0 $ $ $$$$$ 2,014.69 1$,007.35 11,498.16 5$,388.98 1,672.58 $ 836.29 1,672.58 $ 836.29 2$,500.00 650.00 Data Collection Report, Before/After results Memo Subtask 2.2. Field Review 8 24 4 1 20 50 18 18 30 50 18 18 59 196 46 11,193 0 $ $ $ $ 3,6$93.60 17$,065.10 3,0$66.40 3,0$66.40 $ 1,1$19.27 6$,736.22 9$29.21 $ $ 11,192.72 55,508.15 9,292.13 Task 2 32 40 6 $800 44,108 500 8,792 500 8,792 40 8$0 0 10,600 Subtask 2.3 Before Travel Time Studies Subtask 2.4 After Travel Time Studies Cooperative Agreement $$ $ $ $ $ - - - $ 4 6 $46 0 9$29.21 $9,292.13 0 $10,000 2,500.00 $10,000.00 4,819,785.76 445,226.21 658,397.86 19,099.96 35,000.00 7,000.00 System Design and Construction 3.1 Design Plans and Standards 3.2 System Construction and Integration SCE Coordination 520 100 400 8 12 6 547 210 325 944 400 500 4 1116 400 600 36 1130 450 0 $ $ $ $4269 $ 10,850 945,472 338,446 600 108 24 80 4 128 80 40 8 144 80 80 40 $580 $-116,300 145 140 5 160 50 120 40 40 $465 270 195 $$- 94,465 1,450$,7 $55 $- 42,000 1,7$08,939.82 1,212,9$81.99 147$,485.10 236$,154.60 58$4,134.13 $ $ $ 862,507.59 451,2$22.23 52,440.00 53,$740.00 94,759.10 68,$838.64 1566 144 2$48 2$80 5 2$ 52,440 55,400 8,460 40 $ $ 53,740 40,725 $ $ $ $ $ $ $ $ 13$2,228.02 19$1,172.77 10,639.96 21,000.00 7,000.00 59$,333.09 6 600 $2431 $ 10,000 552,273 150 10,490 80 80 110 80 67$,472.74 $48 40 $ $ 8,460.00 14,000.00 $ Task 3 SCE Design Fees $35,000 7,000 $ CWA AND LABOR OVERSIGHT 3.3 Construction Documentation Equipment $$ 12 12 40 80 80 $224 $100 44,263 0 0 0 0 $ $ $ $ $ - - - $-15$,526.94 59$9,977.12 73$1,395.00 1$2,865.18 492$,007.10 324$,470.00 1$1,702.52 1$1,702.52 4,8$79.90 37$6,253.41 7$6,195.00 5,755.$34 $6,654.40 4$,436.27 44,362.69 2,159,944.03 1,450,755.00 27,524.46 27,524.46 $ $ 419,999.09 271,7$07.32 266,195.00 52,$500.00 10,0$66.60 - Construction $ $ -$1,450,755 Signal Timing Optimization and Implementation 4.1-4.5 4 9 0 20 26 26 0 $85 $400 18,784 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ $ - - - - 0 0 20 20 0 0 $40 $$-8,340 - -$ $ $$$- - --$ Task 4 Task 5 4 9 20 26 26 $85 $400 18,784 -20 20 $8,340 $5,755.34 $10,$066.60 -$$- Primary Implementation Project Report Draft Report 18 14 4 1 60 32 28 102 60 108 68 0 16 10 6 $ $ $ 305 184 121 $ $ $ 300 73,050 $0 0 0 $ $ $$--$$ $ $ $ $24,205.57 -2$2,005.06 1$3,166.00 $8,839.07 8$,068.52 4,8$27.53 3,2$40.99 $12,469.54 6$,601.52 7,460.73 3$,949.80 5,008.80 2$,651.72 73,350.21 43,886.66 29,463.55 - $ $ $ 73,350.21 43,886.66 29,463.55 200 43,687 14$,482.60 9,7$22.97 - $ $Final Report 1 42 40 100 29,364 0 $ $ -$$$$-$---$- -$-$- Ongoing Monitoring and Maintenance Project Management Project Coordination & Meetings O&M Invoicing 60 0 14 0 0 0 24 24 0 $98 74 24 $600 27,802 0 0 0 0 0 0 0 $$--0 0 0 0 0 $--$$$$ $ $ $--- 9,372.75 $8,520.69 $7,278.52 $1,242.17 3,1$24.25 2,6$68.79 45$5.46 $4,828.39 2$,556.21 28,402.29 24,261.72 4,140.56 - $28,402.29 24,261.72 4,140.56 60 14 $$600 23,662 8,0$06.37 1,3$66.39 $4,124.49 2$,183.56 $ $Task 6 Task 7 Task 8 $4,141 $703.9$0 372.65 $0 $ $ -$- - Continuing Support 30 2 50 116 150 150 $498 498 $2,500 107,741 48 0 0 0 0 0 0 0 0 0 0 0 0 $48 $-12,720 5 50 0 0 0 0 $55 $$$- 11,605$ $0 --$ $ $ $ $ $ $ $ 45,$198.92 -3$6,379.62 14$,331.36 $20,436.89 18,$219.48 20,436.89 18,$219.48 134,566.26 134,566.26 - $134,566.26 30 2 50 116 150 150 $$2,500 107,741 48 4$8 12,720 5 50 $55 11,605 45$,198.92 3$6,379.62 14$,331.36 $$134,566.26 0 --$$$$-$---$ Final Technical Memorandum 8 0 0 0 0 16 30 40 12 $106 106 $100 20,529 0 0 $ $ $0 - - 0 0 0 0 0 0 $ $ $ $0 -$0 $0 6,8$07.54 $6,188.67 2,0$62.89 $3,713.20 1$,856.60 20,628.91 20,628.91 - $20,628.91 8 16 30 40 12 $$100 20,529 6,8$07.54 $6,188.67 2,0$62.89 $3,713.20 1$,856.60 $20,628.91 0 0 0 0 0 0 $ $ $ $ $ $ - - - - - $ $ $ $ $ $ $ $ $ $ $ $ - - - $ $ $ - - - - - - - - - $- - - - - - -$ $ $ $ $ 0 0 0 0 0 $0 -0 0 0 0 $0 0 0 $0 -- - - - $ $ -$ $ $ $ $ $ $ $ - - $ $ - - - - - - - -- Subtotal*990 37 839 1268 1552 1478 74 $6238 $73,339 1,424,007 168 140 144 80 80 80 40 $732 0 145,500 150 230 140 40 $540 $$$114,410 -1,450,755 2,600 52,00$0 $1,896,850.410,391,76$8.84 1$,593,850 65$2,730.78 65$3,275 $958,112.39 523,09$2.36 959,750 597,400 8)(1,638) 5,422,554.76 $5,422,554.76 1,497,345.73 145,500.00 114,410.00 1,450,755.00 2,600.00 $1,9$06,383 $ARCADIS SUBTOTAL AET SUBTOTAL $ $ $ $ $ $ $ LLG SUBTOTAL YUNEX SUBTOTAL AimTD SUBTOTAL EQUIPMENT 2,159,944.03 52,000.00ADMINISTRATIVE COST TOTAL PROJECT $5,422,554.76 ARCADIS City Council 16 – 63 9/16/2025 EXHIBIT 3 5,422,554.76$ 258,103.24$ Engineering Administration and Inspection (In-Kind Staff Support) 30,000.00$ TOTAL ESTIMATED CONSTRUCTION COSTS 5,710,658.00$ DESIGN-BUILD OF PROJECT NO. 25-6705: Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization COST ANALYSIS Design-Build Contract Contingencies Design-Build Services City Council 16 – 64 9/16/2025 EXHIBIT 4 City Council 16 – 65 9/16/2025 City Council 16 – 66 9/16/2025 City Council 16 – 67 9/16/2025 CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: To provide inter-agency traffic signal coordination and infrastructure upgrades on Kraemer Boulevard/ Glassell Street/ Grand Avenue from Lambert Road in the City of Brea through the Cities of Placentia, Anaheim, and Orange to Dyer Road in the City of Santa Ana. The project involves the Cities of Santa Ana, Brea, Placentia, Anaheim, Orange and Caltrans. PROJECT NEED: OCTA Traffic Signal Synchronization Master Plan identified that Kraemer Boulevard/ Glassell Street/ Grand Avenue Corridor is part of countywide corridor system that needs multi-jurisdiction synchronization. This project will provide traffic signal upgrades and synchronize traffic signals across jurisdictional boundaries to reduce traffic congestion and maintain the synchronization improvements for 3 years. PROJECT TITLE: Kraemer Blvd/Glassell St/Grand Ave Corridor Regional Traffic Sig Sync PROJECT CATEGORY: Traffic Improvements Traffic Improvements LOCATION MAP AGENCY:DIVISION:CONTACT:DATE: Public Works Traffic Engineering Cesar Rodriguez, Senior Civil Engineer 18-Mar-2025 PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 5,680,658 ------ Engineering 30,000 ------ TOTAL 5,710,658 ------ SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 M2 LOCAL FAIRSHARE 381,277 ------ MEASURE M2 COMPETITIVE 5,329,381 ------ TOTAL 5,710,658 ------ EXHIBIT 5 City Council 16 – 68 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Construction Project Management Software AGENDA TITLE Agreement with ProCore Technologies, Inc. for Construction Project Management Software (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with ProCore Technologies, Inc. for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A-2025-XXX). GOVERNMENT §84308 CODE APPLIES: Yes DISCUSSION The Public Works Agency (PWA) is responsible for managing the design and construction of all Capital Improvement Program (CIP) projects to meet the City’s infrastructure needs. The City’s infrastructure needs include the acquisition of land and major renovations of city infrastructure such as roads, buildings, and parks. There are currently 44 active projects in construction related to streets, traffic, utility, drainage, lighting, and city and park facilities, which total over $200 million in infrastructure investment. In order for PWA to efficiently manage these projects, streamlined coordination and communication of all project phases is critical. On September 1, 2020, City Council approved an agreement with ProCore Technologies (Procore) for the use of Project Management Pro software to support staff’s goals to effectively streamline project documentation, digitally log inspections, and document communications between engineers, inspectors, and contractors. Staff negotiated new contract terms with favorable pricing and secured a new three-year software license agreement (Exhibit 1). ProCore is a widely used program that provides instant data transmission across personal computer and mobile applications, allowing for real-time delivery of accurate project information. The cloud-based platform has intuitive tools to assign tasks, respond to comments and questions, produce and access reports, and manage budgets and costs. Additionally, ProCore has the ability to integrate with other platforms City Council 17 – 1 9/16/2025 Construction Project Management Software System September 16, 2025 Page 2 5 3 1 0 currently used by the City, eliminating the need to purchase any additional software to implement its usage. Since its implementation, the City’s use of ProCore has provided significant benefits to the administration of capital improvement projects. The software has improved coordination among project managers, inspectors, contractors, and consultants by centralizing project documentation, submittals, requests for information (RFIs), and daily reporting. This has resulted in greater transparency, real-time access to project information, and a consistent record of communications across all active projects. These features have enhanced efficiency, reduced administrative delays, and allowed staff to more effectively track project milestones. To further strengthen project oversight, staff recommends expanding the City’s license to include ProCore’s financial management module. This module integrates directly with existing project management workflows and will allow staff to track budgets, commitments, change orders, and invoicing within a single platform. By consolidating financial data alongside project documentation, the City will be better positioned to monitor costs in real time, ensure proper authorization of expenditures, and improve forecasting of project financial status. This additional capability will enhance internal controls, reduce the risk of cost overruns, and provide City management with clearer visibility into the financial health of each project. This digital transformation project will include one-time implementation costs for FY25-26, with an anticipated 3-6 month implementation for the financial module. This software subscription is exempt from bidding under Santa Ana Municipal Code 2- 807(a), which so exempts purchases over $25,000 of “materials, supplies, labor, and equipment whenever it shall appear that there is only one reasonably available source or where solicitation of bids would for any reason be an idle act.” Here, the application is very industry-specific and unique to this vendor. It is not commercially available through distributors as other major software programs are, making this vendor a sole source. As such, prior to expiration of the contract term, staff will negotiate new contract terms and present to Council for consideration. Approval of the recommended action will allow staff to continue the centralization of critical project files for timely project delivery. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted in the Fiscal Year 2025-26 budget under the following account. Subsequent fiscal year funding will be included in the proposed budgets for City Council consideration. City Council 17 – 2 9/16/2025 Construction Project Management Software System September 16, 2025 Page 3 5 3 1 0 Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount 2025-26 10117601- 62300 Public Works – Administration & Planning Public Works – Admin Services – Contract Services Professional $164,869 2026-27 10117601- 62300 Public Works – Administration & Planning Public Works – Admin Services – Contract Services Professional $139,869 2027-28 10117601- 62300 Public Works – Administration & Planning Public Works – Admin Services – Contract Services Professional $139,869 Total $444,607 EXHIBIT(S) 1. ProCore Technologies, Inc. Order Form Submitted By: Rodolfo Rosas P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 17 – 3 9/16/2025 EXHIBIT 1 City Council 17 – 4 9/16/2025 City Council 17 – 5 9/16/2025 City Council 17 – 6 9/16/2025 City Council 17 – 7 9/16/2025 City of Santa Ana ("Customer") Signature:Name: Alvaro NunezTitle:City ManagerDate: I accept the terms and conditions of the SSA found at httos:l/ꢀ.ꢁꢂcoꢃe.comꢄꢅeꢆaꢇꢈsubscꢉꢁtꢊon-aꢋꢃeementsꢌꢁubꢇꢊcꢍsectoꢃ City Council 17 – 8 9/16/2025 City Council 17 – 9 9/16/2025 City Council 17 – 10 9/16/2025 City Council 17 – 11 9/16/2025 City Council 17 – 12 9/16/2025 City Council 17 – 13 9/16/2025 City Council 17 – 14 9/16/2025 City Council 17 – 15 9/16/2025 City Council 17 – 16 9/16/2025 City Council 17 – 17 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Draft Staff Report September 16, 2025 TOPIC: Agreement with the Municipal Water District of Orange County for Shared Programs and Services AGENDA TITLE Agreement with the Municipal Water District of Orange County for Shared Programs and Services (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a three-year period with provisions for two one-year extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of $1,500,000 (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency Water Resources Division (PWA) operates and maintains the City’s water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,500 metered service connections. The Municipal Water District of Orange County (MWDOC) provides wholesale imported water, services, and programs to its member agencies throughout Orange County. While the City is not a member of MWDOC, it does engage MWDOC for water enterprise support services such as water use efficiency and water loss control activities, emergency preparedness and response planning efforts through Water Emergency Response Organization of Orange County (WEROC), providing education and resources to local schools via the Choice School Program, and receiving assistance with meeting regulatory requirements, including preparation of the Urban Water Management Plan (UWMP) required by the state and updating risk and resilience assessments (RRAs) and emergency response plans (ERPs) required by the Environmental Protection Agency Safe Drinking Water Act. As both the City and City Council 18 – 1 9/16/2025 Shared Program Services Agreement with the Municipal Water District of Orange County September 16, 2025 Page 2 5 3 1 1 2 6 9 0 MWDOC are member agencies of the Metropolitan Water District of Southern California (MWD) and have many common interests related to water activities, programs, and organizations within Orange County, the agencies have partnered to fund and collaborate in efforts including water supply planning, research, policy development, and other activities. The following are examples of the MWDOC-led programs that PWA staff have utilized in the past and plan to continue to use over the term of the proposed agreement: •Water use efficiency programs •School education programs (K-12) •Shared consulting services (Conservation Framework Technical Assistance Program) •Water resource planning •Water loss control shared services and technical assistance •Water emergency preparedness and support of the Water Emergency Response Organization of Orange County (WEROC) On June 21, 2022, City Council approved a Shared Services Agreement with the Municipal Water District of Orange County. PWA has utilized MWDOC’s shared services, such as water loss and water use efficiency programs, to remain in compliance with existing and upcoming state regulations. Staff recommends continuing the Shared Service Agreement with MWDOC to continue to provide quality services to the community. Partnering with MWDOC proves advantageous because their regional presence helps ensure consistent, high-quality deliverables, and compliance across Orange County water agencies. MWDOC is able to secure large, specialized technical contracts that are shared among nearly all water agencies in Orange County, resulting in more competitive rates. If the City were to take these services on independently, the City would need to hire consultants and subject matter experts for individual projects and efforts. In many cases, the limited scope of work may attract a smaller pool of technical professionals and lead to higher individual rates. Invaluable resources such as WEROC, the Choice School Program, and access to additional grant funding for conservation rebate programs, are only available through partnership with MWDOC. To standardize and simplify implementation of these activities, the agreement requires approval of all programs and services on annual basis at the City’s sole discretion. There is no obligation by the City to participate in, or provide financial contribution for, any program or service other than those elected each year. As described in the agreement, if additional supplementary programs or services need to be added during the term of this agreement, staff will return to City Council for approval of an amendment to incorporate those activities. City Council 18 – 2 9/16/2025 Shared Program Services Agreement with the Municipal Water District of Orange County September 16, 2025 Page 3 5 3 1 1 2 6 9 0 MWDOC’s coordination of shared services for its member agencies provides operational efficiencies and allows the City to quickly engage in MWDOC activities by establishing a basic foundation for this contractual business relationship. Approval of the master agreement will authorize the Water Resources Manager to approve and participate in specific programs and services offered by MWDOC as outlined in the agreement (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available for expenditure in the Fiscal Year 2025-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration, based on the needs of the Water Resources Division. The following is an estimate of expenditures by fiscal year: Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Budget Available / Projected 2025-26 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 2026-27 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 2027-28 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 2028-29 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 2029-30 06017645- 62300 Water Water Admin & Engineering, Contract Services-Professional $300,000 Total:$1,500,000 EXHIBIT(S) 1. Master Agreement with MWDOC City Council 18 – 3 9/16/2025 Shared Program Services Agreement with the Municipal Water District of Orange County September 16, 2025 Page 4 5 3 1 1 2 6 9 0 Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 18 – 4 9/16/2025 55401.00000\43832934.1 Page 1 of 14 MASTER AGREEMENT FOR SHARED PROGRAMS AND SERVICES BETWEEN THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY & THE CITY OF SANTA ANA This Master Agreement for Shared Programs and Services Between the Municipal Water District of Orange County & the City of Santa Ana (“Agreement”) is made and entered into as of VW day of 6HSWHPEHU, 2025, or as of the last day executed below, whichever is later (“Effective Date”), by and between the Municipal Water District of Orange County ("MWDOC") and the City of Santa Ana ("City") to provide for participation by the City in various programs and services administered by MWDOC, as described herein. The City and MWDOC are referred to jointly as "Parties" and individually as "Party." RECITALS WHEREAS, the Parties are both member agencies of the Metropolitan Water District of Southern California ("Metropolitan") and have many common interests related to water activities, programs, and organizations within Orange County; WHEREAS, the Parties share many water planning characteristics, including location, climate history, demographics, water sources, water supplies, and demand management measures; WHEREAS, the Parties share a long and successful history of collaborating on water resource activities, planning analysis and reports, water use efficiency programs, and other joint efforts; WHEREAS, the Parties previously entered into a Master Agreement for Shared Programs and Services Between the Municipal Water District of Orange County & the City of Santa Ana on June 21, 2022, and desire to enter into a new agreement for the same purpose; WHEREAS, the Parties desire to continue to cooperate and pool resources to obtain economies of scale on joint studies and programs, share information developed independently, simplify the process of implementing water use efficiency measures, and maximize grant funding for all of these activities; and WHEREAS, the Parties have prepared this Agreement to continue consolidating and streamlining the contracting procedures required for MWDOC's administration of, and the City's participation in, the programs and services referenced herein; NOW, THEREFORE, the Parties agree as follows: 1. Water Use Efficiency Programs ("WUE Programs") 1.1 Notice Procedures 1.1.1 Subject to the limitations set forth in this section, the Parties shall work together to make WUE Programs available to water users throughout the City's water service area. In general, the City will have access to the same "choice", or pay-for-service, WUE Programs that are currently available to MWDOC member agencies. Within thirty (30) days of the Effective "!# EXHIBIT 1 City Council 18 – 5 9/16/2025 55401.00000\43832934.1 Page 2 of 14 Date, MWDOC shall send a written notice to the City listing all available WUE Programs and the requirements for each, along with enrollment forms for participation in those WUE Programs. This written notice shall contain the estimated costs of the WUE Program as well as that program's specific requirements and terms and conditions. Thereafter, MWDOC shall provide a written notice with this information for every upcoming fiscal year at the time of MWDOC's budget preparation or within thirty (30) days of new information being made available to MWDOC by Metropolitan. The notices to be provided by MWDOC shall be referred to herein as the WUE Program Notice. MWDOC shall also provide the City with any other information or documents that are required for participation in WUE Programs or reasonably requested by the City in connection with WUE Programs. For each fiscal year, the City shall review the WUE Program Notice and choose the WUE Programs and the level of its participation that the City deems beneficial. In connection with the foregoing, the City will notify MWDOC in writing by indicating in the WUE Program Notice the level of the City's participation in any WUE Program for each fiscal year ("WUE Participation Notice). 1.1.2 If a new WUE Program is introduced or a material amendment is made to an existing WUE Program during a fiscal year, MWDOC shall provide the City with a written notice thereof ("Amended WUE Program Notice") as soon as reasonably possible prior to the date the new program or amendment is scheduled to commence. This Amended WUE Program Notice shall contain the program's specific requirements and terms and conditions and any costs that may be ascertainable at such time. Within thirty (30) days of receiving the Amended WUE Program Notice, the City will notify MWDOC in writing whether the City will participate in the new or amended WUE Program and the level of its participation ("Amended WUE Participation Notice"). 1.1.3 Except to the extent of the elections made in the WUE Participation Notice and the Amended WUE Participation Notice, the City shall have no obligation to participate in any WUE Program, including, but not limited to, any obligation to provide financial contribution to such program. 1.1.4 The City understands that specific requirements and terms of conditions may apply to each WUE Program that the City chooses to participate in and agreeing to such requirements and terms and conditions is a prerequisite to the City's participation in such WUE Programs. In connection with the foregoing, MWDOC shall provide the City with all applicable specific requirements and terms and conditions in a WUE Program Notice or Amended WUE Program Notice. 1.1.5 The City understands that by entering into this Agreement it agrees to pay MWDOC for its proportionate share of MWDOC's costs for administering MWDOC's WUE Program based on and to the extent of the City's level of participation as more particularly described in Section 1.8. If the City elects to participate in any or all MWDOC WUE Programs, MWDOC will invoice the City for such costs as described in Section 1.8. 1.1.6 The City is responsible for monitoring its level of participation in any WUE Program and is responsible for payment of all funding contributions required of the City by the WUE Program as authorized by a WUE Participation Notice or Amended WUE Participation Notice. In connection therewith, MWDOC is not responsible for any of the City's required payments or funding contributions even if they are above any cost estimate or the City's budgeted "!# City Council 18 – 6 9/16/2025 55401.00000\43832934.1 Page 3 of 14 amounts authorized by a WUE Program Notice or Amended WUE Program Notice, except pursuant to the results of an audit by the City under Section 8.3. 1.1.7 In the event a WUE Program is terminated early, City is responsible for payment of any funding contributions required by the WUE Program to the extent of applications initiated prior to the effective date of the termination. For purposes of the preceding sentence, an application is deemed initiated when an application has been received by Metropolitan's rebate vendor, by MWDOC, or a reservation has been made within any of MWDOC's online application portals that is pursuant to any of the WUE Programs described within this Agreement. 1.1.8 Notwithstanding any other provision of this Agreement, MWDOC providing funds for any of the MWDOC WUE Programs is conditioned upon the availability of funds and MWDOC is under no obligation to provide funding to City for any WUE Program if MWDOC determines, in its own discretion, that such funding is exhausted, reduced, eliminated, or unavailable from any funding source, for any reason. In the event MWDOC determines funding for a WUE Program has been exhausted, reduced or unavailable, it will notify the City immediately and City may terminate its participation in that affected WUE Program upon MWDOC's receipt of the City's written notice. 1.2 WUE Programs Availability 1.2.1 Subject to the limitations set forth herein, the Parties agree that the WUE Programs chosen by the City for participation in the City's WUE Participation Notice or Amended WUE Participation Notice, shall be made available throughout the City's water service area for the Term, without the need for a separate agreement between the Parties in addition to this Agreement. 1.2.2 MWDOC shall involve the City in the WUE Program marketing to occur within the City, and the City agrees to assist in the marketing of WUE Programs it participates in under this Agreement; provided, City may terminate any MWDOC marketing efforts within the City's water service area which City deems contrary to its best interests. If any marketing efforts will extend to areas outside of the City's water service area, MWDOC will work with the City to address City's concerns. In those cases where MWDOC and City do not reach a mutually acceptable compromise, MWDOC will make all reasonable efforts to remove the City from such objectionable marketing efforts at the City's written request. 1.3 Grant Funding 1.3.1 Subject to any grant requirements and conditions, Grant funding obtained by MWDOC for WUE Programs may be made available to end water users within the City's water service area. In order for end water users within the City to be eligible to receive such grant funds from MWDOC, MWDOC will provide the City with the applicable grant terms and conditions and, if acceptable to the City, the City will provide MWDOC written notice of its acceptance of those terms and conditions. The administration of any MWDOC grant funding will be on a program-by-program basis, contingent upon the terms and conditions of each program. "!# City Council 18 – 7 9/16/2025 55401.00000\43832934.1 Page 4 of 14 1.4 MWDOC-Administered Programs. 1.4.1 From time to time, funding may be made available from Metropolitan for MWDOC to operate a customized local water conservation incentive program or programs ("MWDOC Administered" or "MAA Program") in its service area, with access to the Metropolitan base incentives for such. As City is also a Metropolitan member agency, in order for MWDOC to administer the MAA Program for City, City would be required to apply to Metropolitan separately for funding. If the City desires MWDOC to administer an MAA Program, City will provide MWDOC a WUE Participation Notice or an Amended WUE Participation Notice. In such cases, MWDOC will administer the MAA Program for City and invoice City for activity in City's service area. City will reimburse MWDOC for any activity, and the City is also responsible for seeking and securing reimbursement directly from Metropolitan. Specific terms and conditions will be provided by MWDOC to the City in the annual WUE Program Notice or an Amended WUE Program Notice. 1.5 Supplemental Funding 1.5.1 If the City elects to provide supplemental funding or enhanced incentives for a WUE Program provided under this Agreement, the City is responsible for tracking the use of and the remaining availability of such supplemental funds. MWDOC will assist in every reasonable way, but the ultimate responsibility for tracking all City funding is the responsibility of City, and City is responsible for any overuse of City funding. Supplemental funding designations should be indicated in the WUE Participation Notice or Amended WUE Participation Notice. In the event any City-provided funding for any WUE Program is exhausted, and the City does not elect to add additional funding or transfer available funding from another WUE Program, MWDOC will discontinue offering the additional rebate funding for that Program in the City's service area. 1.5.2 City may also choose to provide additional supplemental funding of its own to augment the Metropolitan base incentives offered through SoCal Water$mart. City will coordinate any such supplemental funding directly with Metropolitan. 1.6 Installation Verification and Inspection 1.6.1 The City shall be responsible for conducting installation verifications/inspections of items and devices installed, distributed, and/or rebated pursuant to this Agreement to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures shall conform with MWDOC's Inspection and Verification Procedures attached hereto as Exhibit A ("Inspection and Verification Procedures") and incorporated herein by reference. 1.6.2 In connection with any selected WUE Programs that require installation verifications/inspection and to ensure compliance with program requirements, the City may elect to (1) conduct its own installation verifications/inspections by either utilizing its in-house staff or contracting with a third-party vendor of its choice; or (2) utilize MWDOC's installation verification/inspection contractor to conduct the installation verification/inspections. MWDOC shall invoice the City monthly for any such inspection costs incurred by MWDOC on behalf of the "!# City Council 18 – 8 9/16/2025 55401.00000\43832934.1 Page 5 of 14 City. In addition to the direct costs to MWDOC, reasonable staff time and overhead attributable to the verification/inspection services may be invoiced to the City. 1.6.3 Notwithstanding any other provision in this Agreement, City understands and agrees that if City utilizes MWDOC's verification/inspection vendor that MWDOC is in no way liable or responsible for the acts or omissions of such vendor and makes no representations or warranties regarding the quality of such vendor's work. City's sole recourse as to any action, claims, or damages arising out of the acts or omissions of MWDOC's verification/inspection vendor is with the vendor and not with MWDOC. 1.6.4 MWDOC reserves the right to conduct installation verification/inspection of items and devices within the City's service area that are installed in connection with a WUE Program covered by this Agreement. 1.6.5 In connection with any WUE Program covered by this Agreement, the City acknowledges that any item or device receiving funding from Metropolitan may be subject to an installation verification/inspection to be performed by Metropolitan, or its agent(s), at Metropolitan's discretion. 1.6.6 The City shall promptly refund to MWDOC any amounts paid under any WUE Program for installed or distributed items or devices, including any grant funds, in the event MWDOC or Metropolitan establishes via installation verification/inspection and/or audit that the program items or devices were not installed in compliance with the requirements set forth in the Inspection and Verification Procedures and this Agreement. If the inspection/installation verification is conducted prior to the payment/rebate being issued to the customer, the customer may, at the discretion of MWDOC and/or MET, be offered an opportunity to remedy any installation deficiencies in order to receive the maximum eligible rebate. Installation deficiencies discovered post-payment will be addressed on a case-by-case basis and may require the reimbursement of any payment/rebate previously issued. 1.6.7 For this section 1.6, "items" and "devices" include, but are not limited to, plumbing fixtures, irrigation devices, turf (removal and replacement), and any other items, devices or materials that are installed in connection with a WUE Program covered by this Agreement. 1.6.8 At the time this Agreement is made, both the Turf Removal Program and the Spray to Drip Rebate Program require inspection services from the City. 1.7 Program With Matching Contribution Requirement 1.7.1 From time to time, WUE Programs may be developed that require a matching contribution from the City in order for the City to participate in such WUE Programs. 1.7.2 The amount of local match funding required for a particular device or program will be determined by the availability of other funding, and the City's share of the local match funding will be set forth in the WUE Program Notice or Amended WUE Program Notice. 1.8 WUE Program Cost Allocation and Invoicing "!# City Council 18 – 9 9/16/2025 55401.00000\43832934.1 Page 6 of 14 1.8.1 During its annual budget process, MWDOC shall allocate to the City a proportionate share of MWDOC's estimated WUE Program costs ("Choice Costs"). This share of MWDOC's estimated WUE Program costs shall be determined by dividing the total outside funding provided during the previous calendar year to WUE Program participants within the City's service area by the total outside funding provided during the previous calendar year to WUE Program participants within the service area of all MWDOC member agencies and other agency participants. That percentage is then applied to MWDOC's total WUE "choice" program budget, including personnel and overhead costs. An example of the annual reconciliation process is shown in Exhibit C. 1.8.2 MWDOC shall invoice the City for Choice Costs, which do not include the WUE Program administration and funding costs described below in Section 1.8.4, no later than September 30 of each year, and the City shall pay the amount due within forty-five (45) days of receipt of the invoice. MWDOC must be notified of any disputed invoice within thirty (30) days of receipt. An invoice template is shown in Exhibit B, which is attached hereto and incorporated by reference. 1.8.3 With regard to the Choice Costs referenced in Section 1.8.2 above, a reconciliation of actual WUE Program costs will be performed at the end of each year during MWDOC's budget process, and any debts or credits will be reflected in the invoice sent to the City the following year. 1.8.4 MWDOC shall invoice the City on a monthly basis for supplemental funding or enhanced incentives pursuant to Section 1.5.1. These costs are separate from the Choice Costs. 2. Shared Consulting Services 2.1 The Parties shall continue to participate in and fund collective efforts in planning, research, policy development, and other activities that require engagement of an outside consultant. MWDOC shall provide the City a copy of each consultant's proposal for review and comments. For each consultant so engaged, the City will notify MWDOC in writing if it elects to participate in the consulting services and the limit of its financial participation. The City shall have no obligation to pay for any consultant unless the City has agreed to participate in writing and shall not be responsible for paying any costs above the City's identified limit. 2.2 Water Resource Planning 2.2.1 Subject Section 2.1, the Parties may participate, without the need for an additional agreement, in joint activities and studies designed to ensure water supply and system reliability, including but not limited to, water reliability analyses, water supply and demand projections, master planning for water use efficiency, water system loss analysis and leak detection studies, preparation of urban water management plans and drought contingency plans, demand management studies, and studies related to water transfers, water recycling, groundwater recovery, and water storage programs. 2.2.2 The Parties may participate, without the need for an additional agreement, in joint activities and studies related to system reliability efforts for emergency response. "!# City Council 18 – 10 9/16/2025 55401.00000\43832934.1 Page 7 of 14 2.2.3 The City shall have no obligation to pay for consultant unless City has agreed to participate as set forth in Section 2.1. 2.3 Award and Administration of Consultant Agreements 2.3.1 When programs or services administered by MWDOC require MWDOC to engage a consultant, MWDOC will use its standardized professional services agreement as a form and will modify it as required for each particular engagement. MWDOC will award the agreement pursuant to its own Administrative Code and procedures, except as noted in this Agreement. 2.3.2 For each professional services agreement, MWDOC will determine appropriate insurance requirements. When MWDOC requires a consultant acquire insurance naming MWDOC, its directors, officers, agents, employees, attorneys, consultants, volunteers, and participating agencies as additional insureds. the insurance requirements, including waiver of subrogation rights, are extended to the City as additional insured to the extent it is a participating agency. 2.3.3 MWDOC shall administer such professional services agreements and coordinate all aspects of the proposed work. MWDOC shall communicate with the City regularly and upon request regarding the status of the agreement and the work for each professional services agreement in which the City has elected to participate. 2.3.4 MWDOC shall invoice the City for the City's share of total costs anticipated for each professional services agreement in which the City has elected to participate, as contemplated in this Agreement. Such invoices shall be mailed by the 10th day of each month for the preceding month and shall be paid by the City within forty-five (45) days. The City shall have no obligation to pay for consultant unless City has agreed to participate as set forth in the first paragraph of this Section 2. 2.3.5 MWDOC shall inform the City on a timely basis of any proposed extra work to be performed for the City under any professional service agreement being administered by MWDOC that would result in an increase in the City's payment under this Agreement (“Extra Work”). MWDOC shall obtain input and written concurrence from the City and any other participating agencies prior to the authorization of Extra Work by the consultant. City shall not have any obligation to pay for any Extra Work unless the City Manager or his or her designee has provided to MWDOC a written notice of City's agreement for the performance of the Extra Work. MWDOC will be responsible for paying consultants directly. 3.Water Loss Control “WLC” Shared Services and Technical Assistance 3.1.1 MWDOC shall release WLC Shared Services and Technical Assistance Exhibits ("Exhibits") annually. In general, the City will have access to the same "choice" WLC Programs that are currently available to MWDOC member agencies. For each fiscal year, the City shall review the Exhibits and choose the WLC Programs and the level of its participation that the City deems beneficial. In connection with the foregoing, the City will notify MWDOC in writing by indicating in the Exhibits the level of the City's participation in any WLC Program for each fiscal year. "!# City Council 18 – 11 9/16/2025 55401.00000\43832934.1 Page 8 of 14 3.1.2 If a new WLC Program is introduced or a material change is made to an existing WLC Program during a fiscal year, MWDOC shall provide the City with updated written materials ("Amended WLC Exhibits") as soon as reasonably possible and prior to the date the new program or change is scheduled to commence. The Amended WLC Exhibits shall contain the program's specific requirements and terms and conditions and any costs that may be ascertainable at such time. Within thirty (30) days of receiving the Amended WLC Exhibits, the City will notify MWDOC in writing whether the City will participate in the new or amended WLC Program and the level of its participation. 3.1.3 Except to the extent of the elections made in the WLC Exhibits and amended WLC Exhibits, the City shall have no obligation to participate in any WLC Program, including, but not limited to, any obligation to provide financial contribution to such program. 3.1.4 The City understands that by entering into this Agreement, it agrees to pay MWDOC for its proportionate share of MWDOC's costs for administering MWDOC's WLC Program based on and to the extent of the City's level of participation as more particularly described in Section 3.1.1. If the City elects to participate in any or all MWDOC WLC Programs, MWDOC will invoice the City for such costs as described in Section 3.1.1. 3.1.5 Funding may be made available from Metropolitan for MWDOC to operate a customized local water loss control incentive program or programs ("Grant" or "MAA Program") in its service area, with access to the Metropolitan base incentives for such. As City is also a Metropolitan member agency, in order for MWDOC to administer the MAA Program for City, City would be required to apply to Metropolitan separately for funding. If the City desires MWDOC to administer a water loss control MAA Program, City will provide MWDOC the WLC Exhibits or Amended WLC Exhibits. In such cases, MWDOC will administer the MAA Program for City and invoice City for activity in City's service area. The City will reimburse MWDOC for any activity and is responsible for seeking and securing reimbursement directly from Metropolitan. Specific terms and conditions will be provided by MWDOC to the City in the annual WLC Exhibits or Amended WLC Exhibits. 3.1.6 MWDOC shall invoice the City on a monthly basis for WLC Shared Services and Technical Assistance work completed. 4. MWDOC K-12 Water Education Programs ("Choice School Programs") 4.1.1 Choice School Programs. The Parties agree that the Choice School Program, or pay-for-service offerings, will be made available in the City's water service area for the Term of this Agreement, without the need for a separate agreement between the Parties in addition to this Agreement. The City sponsors program offerings within its service area at no cost to the schools or students by opting-in. The City will have no obligations to participate in any Choice School Program unless the City has agreed in writing to participate through the annual Choice School Programs Commitment Form. There are multiple Choice School Program options: (a) a program for students in Kindergarten through Second Grade ("K-2 Choice Elementary School Program"); (b) a program for students in Third Grade through Fifth Grade ("3-5 Choice Elementary School Program"); (c) a "!# City Council 18 – 12 9/16/2025 55401.00000\43832934.1 Page 9 of 14 program for students in Sixth Grade through Eighth Grade ("Choice Middle School Program"); and (d) a program for students in Ninth Grade through Twelfth Grade ("Choice High School Program"). Program offerings include options for in-person and live virtual lessons presented by trained education specialists. The school approved to receive any Choice School Program will determine whether the program can be delivered in-person or virtually. During the Term and before the start of each school year and the commencement of any Choice School Program, MWDOC will provide the City with a detailed description of the program offerings and a complete price breakdown for each. The program description provided to the City will include budget recommendations and expected commitments and require written consent by the City before implementation. The City may request minor adjustments during the course of the program, but will not incur additional costs without the City's prior written consent. 4.2 Annually, the City will set Choice School Program commitments. MWDOC and its contractors will attempt to fulfill the commitment amounts. However, there is no guarantee as to the number of schools and students that will participate in the Choice School Programs. MWDOC will invoice the City for the total annual estimated costs. MWDOC will provide a reconciliation at year-end based on the actual services provided. The City will be responsible for paying MWDOC the difference if the estimate is lower than the actual costs, and MWDOC will reimburse the City the difference if the estimate is higher than the actual costs. 4.3 Choice School Program Invoices. MWDOC will submit invoices to the City in January and July each year for the services provided in accordance with the Agreement. The City agrees to pay MWDOC for undisputed invoices within forty-five (45) days after receiving the submittal. 4.4 Choice School Program Insurance. MWDOC agrees that all agreements with consultants, who will be performing the work on behalf of MWDOC, will include appropriate insurance levels and requirements, pursuant to Section 2.3.2. above. 5. The Water Emergency Response Organization of Orange County (“WEROC”) 5.1.1 The City of Santa Ana is signatory to the 1983 Orange County Volunteer Emergency Preparedness Organization Agreement, which was Amended in 1991 to change the name to WEROC (MWDOC Board Resolution 1623). MWDOC provides the overall staff and support for WEROC and has historically allocated the costs for WEROC among MWDOC, Orange County Water District, the Cities of Anaheim, Fullerton, and Santa Ana, the Orange County Sanitation District, and the South Orange County Wastewater Authority. The purpose of WEROC is to support the resiliency of Orange County's 36 water and wastewater agencies, and the community of 3.2 million people it serves by working with these agencies and the County to build, sustain, and improve the capability to mitigate against, prepare for, respond to, and recover from threatened or actual natural disasters, acts of terrorism, or other man-made disasters. Services include preparedness and response coordination for mutual aid and other services and to represent water and wastewater entities within the Orange County Operational Area. In order to build the relationships needed for effective response, WEROC works with MWDOC member agencies, Metropolitan, the County Operational Area, the State Office of Emergency Services, Department of Water Resources, EPA, FEMA and other emergency organization partners throughout the year "!# City Council 18 – 13 9/16/2025 55401.00000\43832934.1 Page 10 of 14 to educate, network, provide training and when required advocate for water and wastewater agencies. WEROC staff works with its member agencies and the City on emergency plans and standard operating procedure development, review of state and federal required trainings for grant eligibility, disaster readiness, disaster exercise development, grant identification and applications, and response and recovery coordination. WEROC provides information sharing and resource coordination when disasters impact the water and wastewater utilities of Orange County. Lastly, WEROC staff maintains a primary emergency operation center and alternate emergency operations center, its own response plans, and ensures the WEROC radio communications system partnership with the County 800 MHz system remains intact. 5.1.2 By executing this Agreement, the City elects to participate in WEROC, and MWDOC will charge the City a percentage of WEROC's annual budget to fund WEROC operations. The historical percentage allocated is 3.8% and is based on historical negotiations among the WEROC funding partners. In January of each year of the City's participation, the proposed program budget and funding agency charges will be submitted to the City for budgetary consideration. If approved by the City, MWDOC will invoice the City the approved amount at the beginning of the fiscal year. If the City requires additional conversation about the proposed budget prior to approval, these items will be addressed at the next MET Managers Meetings or during a special scheduled meeting. 6. Term and Agreement Limit 6.1 This Agreement shall commence and be effective as of the Effective Date and shall continue for one three-year term (“Term”), unless terminated earlier in accordance with Section 6.3, below. The City Manager or his or her designee is authorized, on behalf of the City, to approve the Term. The Term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and City Attorney. 6.2 The City's total funding obligation for this Agreement shall not exceed $1,500,000.000("Agreement Limit") for all programs and services covered herein during the Term. The City is responsible for monitoring its costs pursuant to this Agreement and to the extent that it incurs obligations consistent with this Agreement that exceed the Agreement Limit, the City is responsible for paying such additional costs to MWDOC. If the City wishes to add or delete any programs, activities, or studies set forth in this Agreement, notice of such additions or deletions must be received by MWDOC prior to March 15th for the following fiscal year. 6.3 The City or MWDOC may terminate this Agreement in its entirety at any time upon thirty (30) days' written notice to the other Party. 6.4 In the event either Party terminates this Agreement, any funds paid by the City in the year of termination for costs that had not yet been incurred by MWDOC as of the date of termination will be subject to reconciliation during MWDOC's budget process. At that time, MWDOC will determine whether the funds will be credited or refunded to the City. Further, any costs incurred by MWDOC as of the date of termination that have not yet been invoiced to the City shall be invoiced by MWDOC promptly and paid by the City within thirty (30) days of invoice receipt. "!# City Council 18 – 14 9/16/2025 55401.00000\43832934.1 Page 11 of 14 7.Delivery of Notice 7.1 Except as expressly provided herein, all notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Party may provide in writing for this purpose: 7.1.1 If to MWDOC: 18700 Ward Street Fountain Valley, CA 92708 Mailing Address: PO Box 20895 Fountain Valley, CA 92728 Phone: (714) 963-3058 Fax: (714) 964-9389 Attention General Manager If to City: P.O. Box 1988, M-24 Santa Ana, CA 92702 Attention: City Manager 7.1.2 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8. Accounting and City Manager Authorization 8.1 MWDOC shall keep a correct and current accounting of payroll costs, travel, subsistence, field, and incidental expenses. MWDOC shall use recognized accounting methods in preparing such invoices and reports. 8.2 City reserves the right to request an audit of MWDOC records related to invoices prepared pursuant to this Agreement and to designate a representative(s) to examine any cost, revenue, payment, claim, or any other records or procedures related to this Agreement. Any such audit(s) would be done at reasonable times with full cooperation from MWDOC. If MWDOC fails to provide supporting documentation for any costs charged City to the City's reasonable satisfaction, then MWDOC agrees to reimburse City for those disputed costs. 8.3 The right to audit shall be extended to three (3) years beyond the date of final payment, or longer if required by law. MWDOC agrees to retain all necessary records/documentation for the entire length of this audit period. Any required adjustments and/or payments resulting from the audit will be made within thirty (30) days of written notification to MWDOC. 8.4 The City Manager or his or her authorized designee is authorized to commit the City to any program or service covered by this Agreement as well as provide written notices on behalf of the City. "!# City Council 18 – 15 9/16/2025 55401.00000\43832934.1 Page 12 of 14 9. Independent Contractors 9.1 Any consultant engaged by MWDOC as contemplated in this Agreement will not be a party or third-party beneficiary to this Agreement and will not be an employee or agent of MWDOC or the City, either as a result of this Agreement or as a result of any professional services agreement between MWDOC and the consultant. The professional services agreement between MWDOC and any consultant engaged by MWDOC as contemplated in this Agreement will specify that the consultant is an independent contractor. It is understood that these consultants may be required to enter into confidentiality agreements with the City in the event these consultants require confidential information and/or critical infrastructure information from the City to perform a service. 10. Indemnification 10.1 When WUE Programs provided in the City's water service area require participants to sign an application form that contains a release, waiver, and/or indemnification, the application form shall specify that the release, waiver, and/or indemnification covers both MWDOC and the City. 10.2 To the extent that either Party performs any activities in connection with the programs or services provided as contemplated in this Agreement, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages, and suits arising out of the activities it performs, excluding any loss or liability caused by the other Party’s sole willful conduct or active negligence in the performance of this Agreement. 10.3 To the extent a consultant is hired by the City to perform any activities in connection with the programs or services provided as contemplated in this Agreement, the City will require the consultant indemnify and hold MWDOC harmless from any and all liability, claims, obligations, damages, and suits arising out of the activities performed, excluding for MWDOC’s sole willful conduct or active negligence, or otherwise ensure the agreement provides MWDOC the same indemnity and hold harmless obligation provided to the City. 11. Jurisdiction and Venue 11.1 In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. 12. Joint Drafting 12.1 All Parties have participated in the drafting of this Agreement. The Agreement may be signed in counterpart to facilitate processing. 13. Electronic Signatures 13.1 Notwithstanding any grant obligation to the contrary, the Uniform Electronic Transactions Act, California Civil Code section 1633.1 et seq., authorizes Parties to conduct "!# City Council 18 – 16 9/16/2025 55401.00000\43832934.1 Page 13 of 14 business electronically. In accordance with California Civil Code section 1633.5, Parties acknowledge, consent, and agree that transactions subject to this Agreement may be effectuated by electronic means through the use of electronic and/or digital signatures. For purposes of this section, an electronic signature means an electronic symbol or process logically associated with the intent to sign an electronic record pursuant to Civil Code section 1633(h). A digital signature, which is a type of electronic signature, means an electronic identifier, created by a computer, that is intended to have the same force and effect as the use of a manual signature under Government Code 16.5(d). An example of an electronic signature would be a JPG of a manual signature imposed onto this Agreement. An example of a digital signature would be the use of DocuSign or similar provider that requires an encrypted key that certifies the authenticity of the signature. 14. Severability 14.1 If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 15. Entire Agreement 15.1 This Agreement contains the entire agreement of the Parties relating to the subject matter hereof, and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement by and through their authorized officers. 1. MWDOC Date: By: Harvey De La Torre, General Manager Municipal Water District of Orange County 2. City of Santa Ana Approved as to Form: Date: By: Date: By: Alvaro Nuñez, City Manager, City of Santa Ana -RVHSK%\UQH*HQHUDO&RXQVHO "!# $ $ City Council 18 – 17 9/16/2025 55401.00000\43832934.1 Page 14 of 14 ATTEST: Jennifer L. Hall City Clerk, City of Santa Ana Approved as to Form: SONIA R. CARVALHO City Attorney By: Kyle Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Rodolfo Rosas, PE Executive Director Public Works Agency KyKyKyKyKyKyKyKyKyKyKyKyKyKyKyKyKyyKyKyKyKyKyKyyKyKyyKyyKyKyKyKyKyKyKyyKyyKyKyKyKyyyyKyyKyKyKyyyKyKyyyyKyKyKyKyyKyyKyyyyyyKyKyyyKyyKyyKyKKKKKyyKKyKyKyKyKKyKKyyyyyyyyylllellelellelelellellllllllllelllllllllllllllllllllllllllllllll Nellesen AsAAAAAsistant Cit Attorne "!# Rodolfo Rosas Digitally signed by Rodolfo Rosas Date: 2025.08.28 11:18:58 -07'00' City Council 18 – 18 9/16/2025 Exhibit A July 23, 2025, MUNICIPAL WATER DISTRICT OF ORANGE COUNTY INSPECTION AND VERIFICATION PROCEDURES "!# City Council 18 – 19 9/16/2025 Exhibit A July 23, 2025 1 Table of Contents Contents I. Purpose of this document ............................................................................................................................ 2 II. Program Implementation Process ............................................................................................................... 2 Application Package ..................................................................................................................................... 2 Invoice and Receipt Submission .................................................................................................................... 3 Federal, State, and Local Laws and Ordinances ........................................................................................... 3 Supplemental Inspections ............................................................................................................................ 4 Inspection Confirmation Quality Control ..................................................................................................... 4 III. Device-Based Inspection Procedures ........................................................................................................... 5 Residential Devices ...................................................................................................................................... 6 Commercial Devices ..................................................................................................................................... 6 IV. Area-Based Programs ................................................................................................................................... 9 General Inspection Procedures .................................................................................................................... 9 Turf Replacement Participation Procedure ............................................................................................... 10 Turf Replacement Guidelines Specific to Residential Applicants ............................................................... 11 Turf Replacement Guidelines Specific to Commercial Applicants ............................................................. 11 Turf Replacement Guidelines Specific to Public Agency Applicants .......................................................... 11 Turf Replacement Guidelines Specific to All Applicant Types .................................................................... 12 Pre-Inspection Procedures – Turf Replacement ........................................................................................ 14 Post-Inspection Procedures – Turf Replacement ...................................................................................... 16 Spray to Drip - Residential.......................................................................................................................... 19 Spray to Drip - Commercial ........................................................................................................................ 23 V. Measurement Techniques- On Site............................................................................................................ 26 Non-Uniform Rectangular .......................................................................................................................... 26 Irregular Rhombus or Widening Rectangular ............................................................................................. 27 Non-Uniform Round ................................................................................................................................... 28 Non-Uniform Ellipses ................................................................................................................................. 29 Non-Uniform Ellipses Alternate ................................................................................................................. 30 VI- Measurement Techniques - Aerial .................................................................................................................... 30 "!# City Council 18 – 20 9/16/2025 Exhibit A July 23, 2025 2 I. Purpose of this document It is the practice of the Municipal Water District of Orange County (MWDOC) to ensure that public funds used to administer Rebate Programs are utilized for its intended purposes. Therefore, the purpose of this Inspection and Verification Procedures document (Inspection Procedures) is to establish a clear set of inspection procedures to be followed by MWDOC and/or and its member agencies (hereafter “Participant Agency”) and inspection contractors when conducting pre- and/or post-installation verification inspections for all MWDOC-Administered and or Participant Agency-Administered Rebate Programs. These procedures are required regardless of the funding source (Grant funded, Metropolitan Water District of Southern California funded (Metropolitan), or fully funded by Participant Agency, etc.) and/or regardless of program administrator (MWDOC or Participant Agency). This Inspection Procedures document will be updated as needed to reflect new or modified inspection requirements, techniques, or procedures as they arise. II. Program Implementation Process For ease of explanation, this document categorizes the MWDOC Rebate Programs into the following rebate program types: x Device-Based Rebate Programs o Residential o Commercial x Area-Based Rebate Programs o Turf Replacement o Spray to Drip The inspection procedures contained in this document have been developed in coordination with requirements from Metropolitan pursuant to its Residential and Commercial Water Conservation Funding Agreements and Addendums thereto, MWDOC, and/or supplemental grant funding agreements. The following general rules apply for all programs types. Application Package When receiving an application package, all components should be examined before requesting an inspection. The application package currently requires, at a minimum, a fully completed application signed by the property owner and containing the following: x Current water bill within 3 months of application date to determine: o Participant Agency is participating in the program. o Project site is located within Orange County o Payee name matches the name on the water bill. x Device eligibility if a device-based program x Site plan for area-based rebates o Indicate the project area, location, and project intent. "!# City Council 18 – 21 9/16/2025 Exhibit A July 23, 2025 3 o If receiving Metropolitan funding, indicate which sustainability feature will be installed. x Pictures of the site for area-based rebates. Pictures to show. o Current site condition o Complete area to be removed. o Area complies with eligibility criteria. It is recommended that the application, terms and conditions, and program guidelines each contain language stating that inspections (both pre and/or post may be performed) will be performed and are required for participation in any rebate programs. Invoice and Receipt Submission Rebates may not exceed the total project/equipment costs nor the reserved rebate amount. For a receipt/invoice to be considered eligible, it must include the following: Invoices must be typed and include: x Clearly marked as an “Invoice” x Name of company or contractor providing the service or materials x Date when the work was performed or issued; Dated within the project period. x Address where the work was performed and/or materials delivered (if applicable) x A description of the work performed and/or materials purchased/delivered. x Any items that are ineligible for reimbursement must be itemized separately from eligible items. x Itemized to include make, model, SKU, quantity, price per item, total price (if applicable) x A dollar amount for the total invoice cost Receipts must be typed and include: x The name of the company providing the materials. x A date when the transaction occurred. x A description of the materials purchased. x Any items that are ineligible for reimbursement must be itemized separately from eligible items. x A dollar amount for the total receipt charge Ineligible items include, but are not limited to: x Applicant Labor x Gardening supplies such as shovels, hoses, wheelbarrows, trowels, etc. x Any plant or irrigation materials installed outside of the approved project area. Once projects are completed and invoices and receipts are submitted to the program administrator and MWDOC, all invoices and receipts are to be tabulated by the program administrator and MWDOC to prevent payment for materials/costs not associated with the program; specific program-eligible material/costs are based on program type. Federal, State, and Local Laws and Ordinances All projects, including projects at historic sites, are subject to the terms of their local agency’s ordinances and must comply with all applicable federal, state, and local laws, as well as applicable Covenants, "!# City Council 18 – 22 9/16/2025 Exhibit A July 23, 2025 4 Conditions & Restrictions (CC&R) and/or Homeowners Association (HOA) restrictions. Applicants must obtain all necessary approvals for their projects, prior to beginning their project, from their city’s/county’s code enforcement and/or HOA/CC&R board. It is the responsibility of each applicant to ensure his or her project is in compliance. Customers must agree to adhere to their local rules and provisions in order to accept funding. Questions from program participants regarding compliance with any of the above laws, ordinances, and/or restrictions will be directed to Participant Agency for guidance. Supplemental Inspections Some sites may need to be re-inspected (ex. a secondary post inspection) by MWDOC and/or Metropolitan when unique circumstances arise. At these times, communication with the customer is vital in order to remain in adherence with the program’s intent while ensuring that projects are successfully completed. All inspection and verification procedures and invoice criteria described in this document must be adhered to. Participant Agency to work with MWDOC and Metropolitan to schedule supplemental Inspections. Inspection results may affect payment made to Participant Agency or may be billed to Participant Agency if already paid. Inspection Confirmation Quality Control In order for Participant Agency to be reimbursed for incentives, Participant Agency must certify on each invoice that the terms and conditions within each project have been met, all devices have been installed, and all work has been performed. For projects approved under Metropolitan’s Member Agency Administered Program (MAA Program), Metropolitan will develop a tailored inspection plan for each project and provide it to the Member Agency/Participant Agency upon project proposal approval. The Member Agency/Participant Agency is required to adhere to this plan and must provide documentation outlined with the plan upon request. Participant Agency must perform inspections and indicate the method of verification/inspection on each invoice. Each Participant Agency performing their own inspections/verifications will be required to adopt these Inspection Procedures as their own or, alternatively, to develop and submit for approval by Metropolitan and/or MWDOC Participant Agency’s own inspection and verification procedures document in line with the requirements and procedures contained in this document. All projects that require inspection must be inspected prior to Participant Agency invoicing MWDOC or MWDOC issuing a check. MWDOC/Metropolitan may request inspection reports from Participant Agency at any time. Installation vendors hired for project implementation cannot inspect their own installations. Metropolitan and/or MWDOC reserve the right to verify and perform onsite inspections of any projects at any time. This can be before, during, and/or after project installation, and/or after the rebate payment, and results of these inspections may affect payment made to the applicant and/or Participant Agency or require a refund to be paid by Participant Agency to MWDOC. If installation cannot be verified, Participant Agency must reimburse MWDOC and/or Metropolitan, depending on the source of funds. Requirements for device projects, direct install projects, and turf-related projects are listed below and detail the amount/percentage of inspections required. For all other types of projects not listed below, such as outreach, classes, etc., Member Agency/Participant Agency will inspect a minimum of ten percent (10%) of each project approved by Metropolitan pursuant to the tailored inspection plan detailed on the project approval before invoicing. "!# City Council 18 – 23 9/16/2025 Exhibit A July 23, 2025 5 III. Device-Based Inspection Procedures For residential and commercial devices rebated through Metropolitan’s regional rebate program, device-based inspections will be conducted primarily by Metropolitan, at its discretion. On occasion, MWDOC and/or Participant Agency may be requested to conduct inspections for devices rebated through Metropolitan’s regional rebate program. For devices rebated through a MWDOC and/or a Participant Agency-Administered Program (MAA Program), the inspection procedures are set forth below. Member/Participant Agency must maintain as part of its invoice package all necessary back-up documentation to substantiate the costs on the invoice. This documentation, to be available upon request by Metropolitan, will include, but not be limited to, the following: • If project performed by an outside contractor or vendor provide contract agreement or purchase order. • All extra work order(s) approved by the agency. • Progress payment requests or invoices from vendor or contractor. If payments are made on a schedule of values basis provide sufficient detail to substantiate any and all line- item charges. • Photographs, inspection reports, or any other record that will assist in the review of the costs incurred by Member/Participant Agency. In order for Member/Participant Agency to be reimbursed for incentives, Member/Participant Agency must certify on each invoice that the terms contained within each project have been met, all devices have been installed, and all work has been performed. Metropolitan will develop a tailored inspection plan for each project and provide it to the Member/Participant Agency upon project proposal approval. The Member/Participant Agency is required to adhere to this plan and must provide documentation outlined within the plan upon request. Metropolitan may perform onsite inspections of projects prior to payment or at any time. Inspection results may affect payment made to Member/Participant Agency or may be billed to Member/Participant Agency if already paid. Metropolitan will review invoices and, if necessary, request back-up documentation to substantiate costs. If documentation is not sufficient, an additional request will be made. If the back-up documents provided do not properly and sufficiently justify the requested cost at the discretion of Metropolitan all, or any part of, Metropolitan reserves the right to make an independent estimate using the back-up documents provided and issue a unilateral payment. In case where there is no back up or the documentation provided is insufficient to make an independent estimate Metropolitan reserves the right to deny the request for payment. Metropolitan reserves the right to verify and inspect any approved projects at any time. All projects that require inspection must be inspected prior to Member/Participant Agency invoicing Metropolitan. Member/Participant Agency may not use Member Agency Administered Program funding to meet Metropolitan’s imposed inspection plan for any approved projects. "!# City Council 18 – 24 9/16/2025 Exhibit A July 23, 2025 6 Member/Participant Agency is required to invoice Metropolitan for active projects at least on a quarterly basis. Programs or projects containing vendor/consultant/other invoices that are older than six months from the Member/Participant Agency invoice date may not be reimbursed. Residential Devices Residential device inspections must satisfy both the Metropolitan and MWDOC inspection procedures in place at the time of the post-inspection and issuance of the rebate check. Currently, those inspection procedures are as follows: In order for Participant Agency to be reimbursed for incentives from MWDOC/Metropolitan, Participant Agency must certify on each invoice that the terms and conditions within each project have been met, all devices have been installed, and all work has been performed. The party signing each invoice must have signing authority to certify the invoice. For residential device-based MAA Programs, Participant Agency shall utilize the sample size calculator provided by MWDOC or other methodology as may be required by MET, to assist in determining the appropriate number of devices to inspect to ensure a 98% installation rate given the overall quantity of devices. Participant Agency must report verification/inspection method employed on each invoice submitted. Participant Agency must: a. Validate quantity of devices installed. b. Verify new device type, make, and model with Project information. c. Verify Installation address or specific locations within the address with Project documentation. d. With permission from the customer, take photographs relating to the devices installed to be included in Inspection report. i. Indoor Inspection: Indoor inspection includes detailed fixture count of toilets and clothes washer(s). Access to fixture locations (such as bathrooms and laundry facilities) are required to perform the inspection, and property owner/applicant person should be made aware of this through the application. ii. Outdoor Inspection: Outdoor inspection includes detailed fixture counts of installed and operating landscape devices such as rain barrels, cisterns, irrigation controllers, residential drip, and nozzles. For irrigation controllers, inspect the model to ensure it matches the rebate application, verify that it is operating as a “smart device” and is communicating with the onsite weather station or is receiving offsite/remote weather data and, if possible, have the contact person show the inspector how the controller has been programmed, and confirm quantity of stations of timer model. Commercial Devices Commercial MAA Program device inspections must satisfy both the Metropolitan and MWDOC "!# City Council 18 – 25 9/16/2025 Exhibit A July 23, 2025 7 inspection procedures in place at the time of the post-inspection or issuance of the rebate check. Metropolitan may require Participant Agency to submit inspection reports for specific projects, and Metropolitan/MWDOC reserves the right to perform onsite inspections of projects/sites prior to payment. To determine the number of inspections required for commercial devices, Participant Agency must apply the following criteria (a-e below) to the project(s): a. Automatic Inspection: Regardless of the 5% rule listed in Section d below, Participant Agency must first determine if any site within the MAA Program Project requires an Automatic Inspection. Automatic Inspections are triggered when any site within an MAA Program Project has been approved for Metropolitan’s funding in excess of $10,000. All sites receiving in excess of $10,000 in funding must be automatically inspected by Participant Agency. Participant Agency must also notify MWDOC/Metropolitan within 3 to 5 business days of upcoming inspection by Participant Agency for site(s) exceeding $10,000. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to bfahl@mwdoc.com and maconservation@mwdh2o.com To determine how many devices need to be inspected at a $10,000+ site, follow the next two points. i. If the site triggering an Automatic Inspection also meets the criteria for a Large Project, as described below, then Participant Agency must inspect a minimum of 10% of the devices installed. ii. If the site triggering an Automatic Inspection does not meet the criteria for a Large Project, then the Participant Agency must inspect 100% of devices at the site. b. Large Project/Sites: Participant Agency must next determine if any of the sites meet the definition of a Large Project/Site. Regardless of the 5% rule listed in Section d below, any site with less than $10,000 in funding but that receives the designation of Large Project/Site must be inspected. The total number of devices to be inspected for Large Projects/Sites will be a minimum of 10% of the total devices installed at each site. If any site within your overall MAA Program Project installs any combination of the following number of devices, you must conduct an inspection of a minimum 10% of any combination of the devices installed. Large Projects/Sites are defined as: i. For plumbing devices – 50 device units or more at one installation address. ii. For irrigation controllers – 20 controllers or more at one installation address. Note that irrigation controllers may be installed in different landscape areas inside a single complex. iii. For sprinkler nozzles – 100 nozzles or more at one installation address. c. Regular Projects/Sites: For sites not meeting: (a) $10,000+ in funding per site or (b) the Large Project/Site criteria above, Participant Agency must inspect 100% of devices at the site. d. For each MAA Program Project for which Participant Agency submits a Request, Participant Agency must physically inspect a minimum of 5% of the value of each device-based MAA "!# City Council 18 – 26 9/16/2025 Exhibit A July 23, 2025 8 Program Project approved by MWDOC/Metropolitan before invoicing. For example, if the MAA Program Project is approved for $100,000, then a minimum of $5,000 worth of devices must be inspected. e. Inspections for Regular Projects/Sites: Sites defined as Automatic Inspections (mandatory), as well as those defined as Large Projects/Sites (mandatory) count towards the 5% (section d above) minimum of the value of each device-based MAA Program Project to be inspected. Participant Agency will report progress toward the 5% inspection requirement on each invoice for all inspections required by MWDOC/Metropolitan. The party signing each invoice must have signing authority to certify the invoice. Inspection Requirements Participant Agency inspection at a minimum will: a. Validate quantity of devices installed. b. Verify new device type, make, and model with Project information. c. Verify Installation address or specific locations within the address with Project documentation. d. With permission from the customer, take photographs relating to the devices installed to be included in Inspection report. i. Indoor Inspection: Indoor inspection includes detailed fixture count of toilets, urinals, dry vacuum pumps, food steamers, and/or ice machines. Access to bathrooms, kitchens, eating facilities, and medical facilities are required to perform the inspection and property owner/applicant should be made aware of this at the application stage. ii. Outdoor Inspection: Outdoor inspection includes count of installed and operating landscape devices such as irrigation controllers and nozzles; and cooling tower controllers. Access to either landscape area or rooftop is required to perform the inspection. For irrigation controllers, inspect the model to ensure it matches the rebate application, verify that it is operating as a “smart device” and is communicating with the onsite weather station or is receiving offsite/remote weather data and, if possible, have the contact person show the inspector how the controller has been programmed, and confirm quantity of stations of timer model. Potential Inspection Results a. Partial fail: Inspection completed with discrepancies between Project information and inspection process. Participant Agency to bill MWDOC only for verified quantity. b. Device(s) installed at a different location: The installation must be inspected prior to billing MWDOC. If installation is verified at a different location, Project information must be revised to reflect new information. c. Device count is different from the application: "!# City Council 18 – 27 9/16/2025 Exhibit A July 23, 2025 9 i. If the count is more, only the amount approved in the Project will be reimbursed. ii. If the inspection count is less, only the verified count will be billed to MWDOC. For Large Projects where the inspection count is less, the Participant Agency inspector will increase the inspection from 10% to 20% of total installations. The percentage found to be installed for Large Projects will be applied against the total and the total quantity will be reduced by that percentage. For example, after inspecting 20% of the total installations of 100 toilets, 15 out of 20 toilets were verified installed (75% installed); then the final approved count would be 75 toilets (75% of the 100 = 75), rather than 100. If inspection reveals a discrepancy as described in the example, Participant Agency may choose to inspect 100% of the project, otherwise the extrapolation as shown on the example must be taken and the amount revised prior to billing MWDOC. d. The make/model is different from the application: Verify that the different make/model is a Metropolitan approved device. If so, inspect as usual and revise information on Project documentation prior to billing MWDOC. e. Failed inspections will not be billed to MWDOC. Reasons for failure: x Device(s) not installed. x Device(s) installed, but no working properly. x For “smart” irrigation controllers, device(s) not operating as a “smart” device. x Installed device(s) has been removed. x Access to property not allowed. x Device(s) installed at a different site. x Unable to schedule inspection with Applicant. MWDOC/Metropolitan reserves the right to verify and inspect any approved projects at any time. If installation cannot be verified, Participant Agency must reimburse MWDOC. (C) IV. Area-Based Programs Area-based programs include any program where the rebate amount is determined by an area measurement. Such programs currently include, but are not limited to, residential and commercial Turf Replacement and residential and commercial Spray to Drip. General Inspection Procedures For all customer types, all sites will be measured by either Metropolitan, MWDOC, and/or the Participant Agency and/or its inspector, using the Moasure measuring device (Moasure), for 100% of the project areas during both the pre- and post-inspections. Required minimum techniques for area measurements are described in Section V -Measurement Techniques. All inspection procedures/verifications must adhere to the following additional inspection and certification requirements: x Area-Based Inspections Exceeding $10,000 in Metropolitan Funding: For area-based inspections with an approved Metropolitan rebate amount exceeding $10,000, Participant Agency must notify MWDOC five business days prior to upcoming post- inspection(s) by Participant Agency. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to turfremoval@mwdoc.com. "!# City Council 18 – 28 9/16/2025 Exhibit A July 23, 2025 10 x Participant Agency will only bill MWDOC/Metropolitan for the square footage measured. x Participant Agency must adopt these Inspection Procedures as their own or, alternatively, to develop and submit for approval by Metropolitan and/or MWDOC Participant Agency’s own inspection and verification procedures document in line with the requirements and procedures contained in this document. MWDOC/Metropolitan Participant Agency to submit them. MWDOC/Metropolitan may perform onsite and will require inspections of projects prior to payment. Result of the inspection may affect payment made to Participant Agency x All projects that require inspection must be inspected prior to Participant Agency invoicing MWDOC. MWDOC may request inspection reports from Participant Agency at any time. Turf Replacement Participation Procedure The Turf Replacement Rebate Program Process, as it currently exists, is depicted in the following chart. The process flow is broken down into 11 distinct steps starting with the Customer Application Submittal and ending with Metropolitan and Participant Agency Invoicing. The 11 steps are as follows: Step 1: Online Application and Document Submittal Process Performed by the Customer Step 2: Application Review Process and Pre-Inspection Distribution Performed by MWDOC Step 4: Pre-Installation Inspection Process Performed by Participant Agency or Inspection Vendor and sent to MWDOC for review Step 5: Letter to Proceed or Denial Letter to Customer Performed by MWDOC Step 6: Participant Project Installation and Project Completion Notification Performed by Customer Step 7: Initial Project review, Post-Work Order Generation and Distribution Performed by MWDOC Step 8: Post-Installation Inspection Process Performed by Participant Agency, MWDOC, or Inspection Vendor and sent to MWDOC for review. Step 9: Application Approval or Denial and Invoice Review Process Performed by MWDOC Step 10: The Rebate Check Run and W-9 Request Process "!# City Council 18 – 29 9/16/2025 Exhibit A July 23, 2025 11 Performed by MWDOC Step 11: Metropolitan Water District and Participant Agency Invoicing Process Performed by MWDOC Please note: a potential Step 12 would be a secondary Metropolitan post inspection. Turf Replacement Guidelines Specific to Residential Applicants Project must have a minimum of 250 square feet of turf removed or, if the entire project area is less than 250 square feet, all turf must be removed. Maximum of 5,000 square feet of turf eligible per home, per fiscal year (July to June). Limit of one application per home per fiscal year. Eligible areas for transformation are all areas of live turf on the property. Applicant to provide a simple landscape plan showing intended transformation, including the required storm water/sustainability feature. Turf Replacement Guidelines Specific to Commercial Applicants Project must have a minimum of 250 square feet of turf removed or, if the entire site is less than 250 square feet, all turf must be removed. Maximum of 50,000 square feet of turf eligible per water meter for funding per fiscal year (July to June). Limit of one application per water meter per fiscal year. Applicant to provide a simple landscape plan showing intended transformation, including the required stormwater/sustainability feature. Proposed project areas irrigated with recycled water are eligible unless barred by Participant Agency. Turf Replacement Guidelines Specific to Public Agency Applicants Project must have a minimum of 250 square feet of turf removed, or if the entire site is less than 250 square feet, all turf must be removed. Maximum of 200,000 square feet of turf eligible per water meter for funding per fiscal year (July to June). Limit of one application per water meter per fiscal year. Public agency applicants to provide documentation of proof of public agency status at time of application submittal. Only public agencies may apply for the public agency turf rebate. The public agency turf rebate may not be paid to a private company. Applicant to provide a simple landscape plan showing intended transformation, including the required stormwater/sustainability feature. Proposed project areas irrigated with recycled water are eligible unless barred by Participant Agency. "!# City Council 18 – 30 9/16/2025 Exhibit A July 23, 2025 12 Turf Replacement Guidelines Specific to All Applicant Types The converted area must be covered by at least three (3) plants per 100 square feet. If the project area is divided into multiple sections, such as a front yard and a back yard, each section must meet the plant minimum requirement based on that section's square footage. A three-inch-deep ring of mulch must surround all plants. Acceptable forms of organic mulch include shredded bark, bark nuggets, or wood chips. Organic mulch should not be placed around any plants installed in the bottom or sides of a vegetated swale, dry riverbed, or rock garden. Therefore, the plants located within a vegetated swale, dry riverbed, or rock garden are exempt from this requirement. MWDOC has the discretion to allow certain plants to be exempt from this requirement if they are plants that would survive better without it, such as succulents. Projects within a CalFire designated Very High Fire Severity Zone may use inorganic mulch such as rock or decomposed granite in place of organic mulch. No bare soil is allowed. The use of organic materials is recommended as a groundcover for any bare spaces within the project area. Mulch or other permeable hardscape must cover any other bare spaces within the project area. The use of any synthetic materials or rubber mulch is not allowed in the project area. Pavers must not exceed 3 feet by 3 feet, must be spaced a minimum of 2 inches, and must not have grout or mortar to be considered as eligible permeable hardscape. Irrigation modification or conversion required for all projects: x Convert overhead sprays to drip, micro-spray, bubblers, or rotating nozzles; whichever is applicable; or x Cap sprinkler heads or remove irrigation equipment and hand-water. No overhead spray sprinklers are allowed in the completed project. No synthetic turf is eligible for rebate. No plants that appear to be turf are allowed. Project areas converted to swimming pools/Jacuzzis, ponds, fountains, or other water containing fixtures do not qualify. No plants categorized as invasive to Southern California are allowed. Areas which have already been converted are not eligible. Areas with structures such as decks, fire pits, etc. are not eligible. Customers are responsible for complying with all applicable laws, codes, policies, covenants, conditions, and restrictions. "!# City Council 18 – 31 9/16/2025 Exhibit A July 23, 2025 13 Program Recommendations x Installation of a smart controller is recommended. x A recommended plant list is available. The converted area must be designed to capture rainfall through infiltration or on-site storage for reuse. Infiltration and rainwater capture has to be achieved using one of the following techniques: rain gardens, rock gardens, dry riverbeds, vegetated swales, berms, rain barrels/cisterns, or sustainability feature trees. Selected method should allow infiltration or capture of rainfall/runoff and not channel to impervious surfaces and must meet all local and regional requirements. Project must include at least one of the following components, whichever is most desirable or feasible for project area: Rain Gardens – a rain garden is a planted depression or hole filled with a loose, permeable soil mix that allows rainwater runoff from impervious urban areas like roofs, driveways, walkways, parking lots, and compacted lawn areas to be absorbed. Rainwater collects in the soil mix and ponding area and eventually seeps into surrounding soils over time. Plants are distributed throughout the garden. Stormwater is soaked into the ground rather than flowing into storm drains and surface waters. Installation of a rain garden within your landscape project can reduce erosion, pollution, flooding, and diminished groundwater. Rock Gardens – a rock garden is a shallow depression filled with 1–3-inch diameter gravel. This shallow depression should have enough of a side slope that the difference between level ground and the lowest point in the rock garden is visible to the eye. Rainwater is stored in the space between the stones and eventually percolates into the soil. Plants are distributed throughout the rock garden and there is no ponding area – so one can walk on it. Dry Riverbeds – a dry riverbed or dry stream is an area designed to slow heavy flows of water from rainfall and correct erosion problems. It is made up of a shallow swale (see section on vegetated swales) lined with stone substantial enough to withstand a serious downpour. Large chunks of stone are used to slow the speed of stormwater and prevent erosion. In a garden, the careful placement of water-worn stone or river slicks along a swale can be a beautiful design that also provides an ideal place for plants. The dry riverbed or stream should have enough of a side slope that the difference between level ground and the lowest point in the dry riverbed is visible to the eye. Vegetated Swales – A vegetated swale is a shallow ditch that has gently sloping sides. These side slopes should create a ditch that is visibly lower than the surrounding landscape. Native perennial grasses are planted along the bottom and sides of the swale to slow runoff, filter sediments, and remove excess nutrients. A swale relies on gravity to move water and is designed to direct the water where you want it to go, such as flower or vegetable gardens. In order for the water to gravity flow, it is recommended that there be a minimum 2% slope from beginning to end. In other words, the swale should be higher in elevation on one end and then slowly get lower – visualize a very slow slide. Organic mulch should not be placed around any plants installed in the bottom or sides of the swale. "!# City Council 18 – 32 9/16/2025 Exhibit A July 23, 2025 14 Berms – berms are mounds of compacted earth with sloping sides that are usually located along a contour on gently sloping sites or between areas of approximately the same elevation. Berms are designed to direct or redirect water to a permeable and retentive area and prevent water from flowing off the property. Berms must be visibly higher in elevation than the surrounding landscape. Berms must be firmly tamped and topped off with mulch to prevent erosion. Plants can be planted along the top of a berm. Rain Barrel/Cisterns – rain barrels and cisterns are storage containers that capture runoff water from downspouts from a non-permeable area catchment area such as a rooftop. Cisterns are a larger version of rain barrels, with a larger capacity for rainwater collection and storage. Rain barrels and cisterns must be connected to properly installed rain gutters and downspouts. In order for the rain barrel/cistern to qualify as a rainwater capture feature, the property must have existing gutters around the full perimeter of the roof and existing downspouts for adequate water collection. In the case of a partially flat roof, gutters and downspouts must be throughout all pitched areas in order to qualify. Rain barrels and cisterns must be properly installed and meet all local and regional requirements. Existing rain barrels and cisterns qualify provided they have been properly installed and provide water to the conversion/project area. Sustainability Feature Trees - Trees reduce stormwater runoff by capturing and storing rainfall in their canopy. Tree roots and leaf litter also create soil conditions that promote the infiltration of rainwater into the soil. To qualify as a Stormwater Tree, selected tree must be included on the Eligible Sustainability Feature Trees List of species that qualify for the program. The minimum number of trees required is 1 per 10,000 sq ft of project area. Pre-Inspection Procedures – Turf Replacement Customer is to provide photos of the turf area to be removed as part of the application process. Photos of project area (4 to 6) must reflect the current turfgrass area at the time of applying. Google Earth/satellite images will not be accepted in place of photos. Photos must be taken from appropriate angles, with visible points of reference, and at a sufficient distance to allow for review. Pre-inspections will be conducted on 100 percent of total projects submitted. The Moasure will be utilized for all inspections. For commercial or public agency applications, Metropolitan, via Metropolitan’s inspection contractor, will conduct the inspection at no cost to Participant Agency. For residential applications, Participant Agency or its inspector will conduct the pre-inspection. After an application is received and the information has been verified, a project cannot be accepted and funding is not reserved until a “pre-inspection” is conducted by Metropolitan, MWDOC, the Participant Agency, or by a vendor inspector. The pre-inspection is a means to determine confirmation of eligibility. The pre-inspection process verifies that the project area contains live turf or sufficient evidence that live turf recently existed and that the requested square footage to be removed is consistent with the inspector’s measurement. This requirement applies to both residential and commercial turf replacement areas unless otherwise noted. When establishing that areas are eligible, careful inspection with accurate and precise measurements, as described in Section V, is always required. All pre- and post-inspections shall be conducted using the Moasure device. For Turf Replacement, during the pre- inspection the total project area square footage "!# City Council 18 – 33 9/16/2025 Exhibit A July 23, 2025 15 is measured. Any non-eligible square footage is deducted, such as non-turf areas including bare soil, trees, shrubs, mulch, paving, and utility box footprint, etc. Refer to specific program terms and conditions for eligibility criteria. Once the pre-inspection is complete, the inspector will complete the Pre-Inspection section in Droplet, in full, and upload all photos and documentation. Once the Pre-Inspection form has been submitted, it will be reviewed by MWDOC. The square footage listed on the application is to be used as a reference. The initial project area is to be based on the square footage as measured during the pre-inspection. Once the initial project area square footage has been determined, that number is used to reserve funding, and a Letter to Proceed (LTP) is generated and sent to the customer. Metropolitan reserves the right to request application packages as necessary and may perform its own inspections of random residential applications. This is likely to be in addition to the required pre- inspection. For pre-inspections, Metropolitan will review the Participant Agency’s physical pre- inspection reports. On-Site Pre-Inspection In-person pre-inspections must include: x Visual verification of existing turf x Physical/manual measurement of proposed turf replacement area using Moasure. x Documentation of existing trees in the proposed turf replacement area x Photos taken by inspector of project area (4 to 6), which must reflect the current turf grass area at the time of inspection. Photos must be taken from appropriate angles, with visible points of reference, and at a sufficient distance to allow for review. Measuring Sites Aerially Measuring sites aerially must include: x GIS or equivalent aerial measurement x Please note that measuring sites aerially is allowed for pre-inspections only. x Customer is to provide photos of the turf area to be removed before starting the project (pre-project installation). x The inspector should be capable of spotting abnormalities in pre-project photos submitted by customers, and if found, should perform mandatory on-site inspections. x If aerial review is not possible due to obstructions (tree coverage), or inconclusive, member agency should perform a physical pre-inspection as described above. On-Site Inspections for Area-Based Rebates Unless the program guidelines specifically state otherwise, on-site eligibility verification and area measurement for the pre-inspection is the method to be utilized by an inspection vendor performing inspections on behalf of a Participant Agency. "!# City Council 18 – 34 9/16/2025 Exhibit A July 23, 2025 16 Condition of Turf at Pre-Inspection If bare areas were included by the customer, the inspector must subtract those areas. In many cases, due to drought or season, dormant or dead brown grass is present. Dormant or dead brown grass that appears to have been maintained in the recent past is still eligible. However, sites where there is bare soil that appears compact and no turf was present in the recent past, are not eligible. In addition, moss areas where there is no turf or areas that have grown, or mowed weeds would be ineligible. A lawn with weeds would still remain eligible. Photo documentation of the turf is required in order to approve the site. For on-site inspections, photos of the entire area should be taken, including detailed photos showing turf and bare soil conditions. For large sites with multiple separated areas (or sub-areas), a site map must be submitted identifying the area measured for each separate sub-area. Multiple Applications under same Site Residential sites have a limit of one application per home per fiscal year. Commercial and Public Agency sites have a limit of one application per water meter per fiscal year. Modifications to Initial Project Area If a customer wants to add or remove area(s) from their designated project area, they are free to do so up until their pre-inspection. The customer will need to submit by email to MWDOC a new site plan detailing the area to be added or removed. If a customer wishes to add an area to the project after the pre-inspection has been completed, they are only free to do so if the area was measured in the pre-inspection. Any areas found to be converted during the post-inspection that were not included in pre-inspection measurements are not eligible for rebate. If a project area should fall below the minimum 250 square feet of project size, it may also be considered ineligible if it does not include the removal of all turf onsite. Post-Inspection Procedures – Turf Replacement Post-inspections will be conducted on 100 percent of total projects submitted. The Moasure device will be utilized for all inspections. For commercial or public agency applications, Metropolitan, via Metropolitan’s inspection contractor, will conduct the inspection at no cost to Participant Agency. For residential applications, Participant Agency or its inspector will conduct the pre-inspection. Entire (100%) project re-measurement should occur during the post-inspection. Negative deviations between the pre- and post-inspections area measurements, as well as swapped areas occurring without a proper pre- inspection and approval from MWDOC, will result in a reduction of the rebate eligible area (meaning the lesser area measurement will be the basis for the rebate). All projects must be inspected prior to Participant Agency approving payment or invoicing MWDOC. When establishing that areas are eligible, careful inspection with accurate and precise measurements, as described in Section V, is always required. For Turf Replacement, during the post- inspection the total converted area square footage must be measured. Any non-eligible square footage is deducted, such as remaining-turf areas, bare soil, or non-permeable area including hardscape and pools. Refer to specific program terms and conditions for eligibility criteria. While the initial project area square footage established during the pre-inspection is to be used as a reference, the final project area is to be based on the square footage as measured during the post- inspection. Once the final project area square footage has been determined, that number, if equal to or "!# City Council 18 – 35 9/16/2025 Exhibit A July 23, 2025 17 less than the approved square footage on the Letter to Proceed, is used to determine the actual potential rebate amount, so long as it does not exceed the total eligible project costs. Only that final project square footage measured by the Participant Agency/inspection vendor may be approved for payment by MWDOC. Customer is to provide post-project installation photos (4 to 6). Photos must be taken from appropriate angles, with visible points of reference, and at a sufficient distance to allow for review. Prior to scheduling the post-inspection, the Application will be reviewed by MWDOC to confirm the following: x Application is completed in full. x Payee Name and Mailing Address for Rebate Check are provided and matches that on the water bill. x Applicant has attached photos showing: x Sustainability feature installed in the project area. x Plants installed in the project area to meet the minimum requirement. x Mulch installed in all project areas. x Irrigation modification, if applicable. x Applicant has attached copies of any project-related receipts or invoices. For an invoice to be considered eligible it must be: o Typed o Dated within the project period. o Include the name of the company or contractor providing the services and/or materials. o Include the address where the work was performed, or materials delivered. o Provide a description of the work performed and/or materials purchased, itemized to include price per item and total price. o Any items that are ineligible for reimbursement must be itemized separately from eligible items. x For a receipt to be considered eligible it must be: o Typed o Dated within the project period. o Include the name of the company or contractor providing the services and/or materials. o Include the address where the work was performed, or materials delivered. o Provide a description of the work performed and/or materials purchased, itemized to include price per item and total price. o Any items that are ineligible for reimbursement must be itemized separately from eligible items. x Ineligible items include, but are not limited to: "!# City Council 18 – 36 9/16/2025 Exhibit A July 23, 2025 18 o Applicant labor o Gardening supplies such as shovels, hoses, wheelbarrows, trowels, etc. o Any plant or irrigation material installed outside of the approved project area. If the Application is missing or does not comply with the requirements of any of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and or appropriate photos/documents prior to scheduling the post-inspection. If applicant is unable to provide receipts/invoices that meet the requirements set forth above, the post-inspection will be considered a fail, the application will be denied, no rebate will be issued, and no on-site post-inspection should be scheduled. If the Application has satisfied all of the above requirements, MWDOC/Participant Agency and/or its inspector will work with Applicant to schedule the mandatory on-site post-inspection. The purpose of the on-site post-inspection is to serve as an independent verification of the information contained in the Application. Participant Agency or its inspector will conduct an on-site post-inspection on 100 percent of approved residential projects. On-site inspections will include: a. Utilizing the Moasure device, validating square footage converted to eligible landscape. b. Verifying the number of new trees installed in the project area. Each eligible new tree, up to five, will qualify as three plants to meet Metropolitan’s plant count requirement. c. Verifying the number of plants installed meet Metropolitan’s minimum requirement of three plants per 100 square feet. d. Verify that no invasive species were installed. e. Verification that a sustainability feature has been included in project. f. Verify mulch is around plants and no bare soil exists. g. Verify irrigation system modifications have been completed. h. Photos of overall project area, sustainable landscape approach used, mulch, and a sample of the irrigation system modification. Photos must be taken from appropriate angles, with visible points of reference, and at a sufficient distance to allow for review. Once the on-site post inspection is complete, inspector will complete the Post-Inspection section in Droplet, in full, and upload all photos and documentation. Once the Post-Inspection form has been submitted, it will be reviewed by MWDOC, along with copies of all receipts and invoices, and if the Turf Replacement project has satisfied all the terms, conditions, guidelines, and requirements of the program, the application will be processed for rebate. If not all the terms, conditions, guidelines, and requirements of the program have been satisfied, the post-inspection will be considered a fail, and the application will be denied, and no rebate funds will be issued. Metropolitan will perform its own inspections of random applications. This is likely to be in addition to the required post-inspections. Example: if Metropolitan selects a site for a follow-up post inspection, this may be "!# City Council 18 – 37 9/16/2025 Exhibit A July 23, 2025 19 conducted after the required post inspection. For post inspection, Metropolitan will pull random samples from MWDOC invoices. Metropolitan will conduct its own measurements and provide payment based on the following: For Residential Applications - If the measurement taken by Metropolitan is within 10 percent of the Participant Agency’s measurement, Metropolitan will pay the amount measured by the Participant Agency. If the difference is greater than 10 percent, Metropolitan will pay at the square footage measured by Metropolitan. For Commercial/Public Agency Applications - The following applies for commercial/public agency applications inspected by Metropolitan: Commercial/public agency turf replacement inspections will fall into the pool of all required inspections at any given time. Although special circumstances appear from time to time, in general no special considerations are given to individual applications. Any discrepancy found following a secondary inspection (i.e., an inspection of the inspector) or during an audit inspection will result in a Metropolitan staff and contractor resolution, and the financial liability associated with varied measurement of a site will not fall back on MWDOC or the Participant Agency for payment. For public agency projects, all plants must be counted within the first 50,000 square feet. For square footage above that amount, a minimum of 10% of the area must have a plant count. The total number of plants must be calculated from both numbers. For both residential and commercial/public agency projects, unless otherwise noted, once the LTP has been issued, the initial project area square footage may not increase; however, it may decrease if the customer decides to remove less turf than what was measured or converts some area into ineligible structures, i.e., a deck. Project Extensions In some instances, projects may experience delays. As all projects have a 90-day deadline to complete their project, an extension may be requested. Extensions are granted on a case-by-case basis and are not guaranteed. Extensions will only be granted to sites that are making progress toward completing their project. Documentation or a site visit may be required for the purposes of verifying that progress is being made at a site. Examples of documentation are signed contracts with a landscape contractor, photos of the site with turf removed and work underway, or canceled checks to a contractor. This is an important step; if a site is not showing progress and there is no motivation to complete, it may be cancelled to allow the funding of other, more motivated, rebate customers. Spray to Drip - Residential The residential portion of the Spray-to-Drip Rebate Program is a device-based program with different inspection requirements and criteria than other device-based inspections. The inspection requirements for residential Spray-to Drip Rebate projects are described below: Pre-Inspection Procedure After an application is received, a project cannot be approved and no funding can be reserved until a “pre-inspection” is conducted, as follows: "!# City Council 18 – 38 9/16/2025 Exhibit A July 23, 2025 20 MWDOC reviews the application to confirm: x Program application is completed in full. x A copy of a current water bill (within 3 months for application date) is attached and confirms that: o Participant agency is participating in the program. o Project site is located within Orange County o Payee name matches the name on the water bill. x Applicant has attached at least 4 photos of the project area taken with the existing sprinkler system turned on and running. Photos must clearly show the sprinkler system in use and that the spray heads are functional. Photos must also contain identifying features (house in background, unique landscape/decorating features, etc.) to confirm that photos submitted are for the property/site listed in the application. x The square footage of the area to be converted from spray irrigation to drip for which the applicant is applying/eligible. x A simple site plan has been attached indicating the proposed Spray-to-Drip conversion areas. x Any supplemental documents included have been reviewed. After an application is received and the information has been verified, a project cannot be accepted and funding is not reserved until a “pre-inspection” is conducted by MWDOC, the Participant Agency, or by a vendor inspector. The pre-inspection visit is a means to determine confirmation of eligibility. The pre-inspection process verifies that the project area contains spray irrigation and that the requested square footage to be removed is consistent with the inspector’s measurement. This requirement applies to both residential and commercial irrigation conversion areas unless otherwise noted. When establishing that areas are eligible, careful inspection with accurate and precise measurements, as described in Section V, are always required. For Spray to Drip, during the pre-inspection the total project area square footage is measured. Any non-eligible square footage is deducted, such as areas that already have drip irrigation or are hand watered by the customer. Once the pre-inspection is complete, inspector will complete the Pre-inspection section in Droplet, in full, and upload all photos and documentation. Once the Pre-inspection form has been submitted, it will be reviewed by MWDOC. The square footage listed on the application is to be used as a reference. The initial project area is to be based on the square footage as measured during the pre-inspection. Once the initial project area square footage has been determined, that number is used to reserve funding, and a Letter to Proceed (LTP) is generated and sent to the customer. If the applicant is applying for the Turf Replacement Program simultaneously, a mandatory inspection should occur for the Spray to Drip application at the time of Turf Replacement pre-inspection. On-Site Pre-Inspection In-person pre-inspections must include: x Visual verification of existing spray irrigation x Physical/manual measurement of proposed irrigation conversion area using the "!# City Council 18 – 39 9/16/2025 Exhibit A July 23, 2025 21 Moasure device. x Photos taken by inspector of project area (4 to 6), which must reflect the spray irrigation at the time of inspection. Photos must be taken from appropriate angles, with visible points of reference, and at a sufficient distance to allow for review. Measuring Sites Aerially Measuring sites aerially must include: x GIS or equivalent aerial measurement x Please note that measuring sites aerially is allowed for pre-inspections only. x Customer is to provide photos of the spray-to-drip conversion area before starting the project (pre-project installation). x The inspector should be capable of spotting abnormalities in pre-project photos submitted by customers, and if found, should perform mandatory on-site inspections. x If aerial review is not possible due to obstructions (tree coverage) or inconclusive, Participant Agency should perform a physical pre-inspection as described above. Photo-based Pre-inspection MWDOC can perform a photo-based pre-inspection for Spray to Drip applicants who have already received a pre-inspection for an accompanying Turf Replacement application, as long as the requested square footage is the same. This occurs in a case-by-case scenario. If the application has satisfied all of the above requirements, a Letter to Proceed is generated by MWDOC and emailed to the applicant. The funding is reserved at this point and cannot increase. However, the funding amount may decrease if the applicant installs less drip equipment than was specified on the application or if the costs of the equipment are less than anticipated. Should the application fail the pre-inspection process, the application will be denied. MWDOC reserves the right to conduct, or to require Participant Agency to conduct, an on-site pre-inspection of any Spray-to-Drip application should MWDOC, in its best judgment, deem it necessary to do so. If the applicant is applying for the Turf Replacement Program simultaneously, an on-site inspection should occur for the Spray to Drip application at the time of Turf Replacement pre- Inspection. Otherwise, a photo-based approval may be conducted by MWDOC for the application. Post-Inspection Procedures Customer is to provide post-project installation photos (4 to 6). Photos must be taken from appropriate angles, with visible points of reference, and at a sufficient distance to allow for review. Prior to scheduling the post-inspection, the Application will be reviewed by MWDOC to confirm the following: x Application is completed in full. x Payee Name and Mailing Address for Rebate Check are provided and matches that on the water bill. x Applicant has attached at least 3 completed conversion area pictures showing: o Wide angle view of completed project area(s) "!# City Council 18 – 40 9/16/2025 Exhibit A July 23, 2025 22 o Close-up(s) of installed pressure regulation/filtration component(s) o Close-up(s) of installed drip tubing x Applicant has attached copies of any project-related receipts or invoices. For a receipt/invoice to be considered eligible it must be: o Typed o Dated within the project period. o Include the address where the work was performed, or materials delivered. o Include the name of the company or contractor providing the service or materials. o Provide a description of the work performed and/or materials purchased, itemized to include make, model, SKU, quantity, price per item, total price. If the Application is missing or does not comply with the requirements of any of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and or appropriate photos/documents prior to scheduling the post-inspection. If applicant is unable to provide receipts/invoices that meet the requirements set forth above, the post-inspection will be considered a fail, the application will be denied, no rebate will be issued, and no on-site post-inspection should be scheduled. If the Application has satisfied all of the above requirements, MWDOC/Participant Agency and/or its inspector will work with Applicant to schedule the mandatory on-site post-inspection. The purpose of the on-site post-inspection is to serve as an independent verification of the information contained in the Application. As part of the on-site post-inspection, Participant Agency/inspector must verify the following: x The actual square footage of the conversion area. All residential Spray-to-Drip sites will be measured using the Moasure device by the Participant Agency and or its inspector for 100% of the sites for 100% of the Spray-to-Drip conversion areas during the post-inspections. The required minimum techniques for area measurements are described in Section V - Measurement Techniques. x That drip irrigation equipment has been installed. For residential on-site post-inspection, if microspray, point-source emitters, or any other type of drip irrigation other than embedded emitter tubing has been installed, this must be noted and photographed. Only embedded emitter tubing installations are eligible for rebates in residential settings. x That pressure regulation/filtration components have been installed as part of the drip conversion. Manufacturer/make, model, model number/SKU, and quantity should be documented, and the equipment should be photographed. x That drip tubing has been installed. The drip tubing should be photographed. If covered, a minimum of a 10-foot section must be uncovered for the photograph. x That spray irrigation is no longer functional in the drip conversion area(s). Any remaining spray heads in the conversion area must be capped (no exceptions). x That any irrigation ineligible for the rebate, such as spray or bubblers, runs on a separate valve from the eligible drip equipment. "!# City Council 18 – 41 9/16/2025 Exhibit A July 23, 2025 23 While the initial project area square footage established during the pre-inspection is to be used as a reference, the final project area is to be based on the square footage as measured during the post- inspection. Once the final project area square footage has been determined that number, if equal to or less then the approved square footage on the Letter to Proceed, is used to determine the actual potential rebate amount, so long as it does not exceed the total eligible project costs. Once the on-site post inspection is complete, the inspector will complete the Post-Inspection section in Droplet, in full, and upload all photos and documentation. Once the Post-Inspection form has been submitted, it will be reviewed by MWDOC, along with copies of all receipts and invoices, and if the Spray- to-Drip project has satisfied all the terms, conditions, guidelines, and requirements of the program, the application will be processed for rebate. If not all the terms, conditions, guidelines, and requirements of the program have been satisfied, the post-inspection will be considered a fail, and the application will be denied, and no rebate funds will be issued. MWDOC reserves the right to conduct or attend any on-site post-inspection of any Spray-to-Drip application should MWDOC, in its best judgment, deem it necessary to do so. Spray to Drip - Commercial The commercial portion of the Spray-to-Drip Rebate Program is administered in a similar way to the residential portion. The inspection requirements for commercial Spray-to Drip Rebate projects are described below: Pre-Inspection Procedure Once an application is received, a project cannot be accepted and no funding is reserved until a “pre- inspection” is conducted, as follows: MWDOC reviews the application to confirm: x Program application is completed in full. x A copy of a current water bill is attached and confirms that: o Participant agency is participating in the program. o Project site is located within Orange County o Payee name matches the application name. x Applicant has attached at least 4 photos of the project area taken with the existing sprinkler system turned on and running. Photos must clearly show the sprinkler system in use and that the spray heads are functional. Photos must also contain identifying features (buildings in the background, unique landscape/decorating features, etc.) to confirm that photos submitted are for the property/site listed in the application. x Applicant has provided the square footage of the proposed Spray-to-Drip conversion area. x A simple site plan has been attached indicating the proposed Spray-to-Drip conversion areas. x Any supplemental documents included have been reviewed. Once MWDOC confirms that the application is complete and satisfies the above requirements, MWDOC will forward the application to the Participant Agency or Inspection contractor to conduct a mandatory "!# City Council 18 – 42 9/16/2025 Exhibit A July 23, 2025 24 pre-inspection. For commercial sites that are also participating in the Turf Replacement Program and inspected by Metropolitan’s inspection contractor, Participant Agency is required to perform the pre- inspection for the Spray-to-Drip portion of the project. On-Site Pre-Inspection In-person pre-inspections must include: x Visual verification of existing spray irrigation x Physical/manual measurement of proposed irrigation conversion area using the Moasure device. x Photos taken by inspector of project area (4 to 6), which must reflect the spray irrigation at the time of inspection. Photos must be taken from appropriate angles, with visible points of reference, and at a sufficient distance to allow for review. Measuring Sites Aerially Measuring sites aerially must include: x GIS or equivalent aerial measurement x Please note that measuring sites aerially is allowed for pre-inspections only. x Customer is to provide photos of the spray-to-drip conversion before starting the project (pre-project installation). x The inspector should be capable of spotting abnormalities in pre-project photos submitted by customers, and if found, should perform mandatory on-site inspections. x If aerial review is not possible due to obstructions (tree coverage) or inconclusive, Participant Agency should perform a physical pre-inspection as described above. Photo-Based Pre-Inspection MWDOC can perform a photo-based pre-inspection for Spray to Drip applicants who have already received a pre-inspection for an accompanying Turf Replacement application, as long as the requested square footage is the same. This occurs in a case-by-case scenario. Once the pre-inspection is complete, the inspector will complete the Pre-inspection section in Droplet, in full, and upload all photos and documentation. Once the Pre-inspection form has been submitted, it will be reviewed by MWDOC. If the application has satisfied all of the above requirements, a Letter to Proceed (LTP) is generated by MWDOC/Participant Agency and emailed to the applicant. The funding is reserved at this point and cannot increase. However, the funding amount may decrease if the applicant installs less drip equipment than was specified on the application or if the costs of the equipment are less than the estimated rebate amount. Should the application fail the pre-inspection process, the application will be denied. Post-Inspection Procedure Once the Spray-to-Drip Project is complete, applicant completes the Spray-to-Drip application to request a mandatory on-site post-inspection. Prior to scheduling the post-inspection, the application will be reviewed by MWDOC to confirm the following: "!# City Council 18 – 43 9/16/2025 Exhibit A July 23, 2025 25 x Application is completed in full. x Payee Name and Mailing Address for Rebate Check is provided. x Applicant has attached completed conversion area pictures showing: o Wide angle view of completed project area(s) o Close-up(s) of installed pressure regulation/filtration component(s) o Close-up(s) of installed drip tubing x Applicant has attached copies of any project-related receipts or invoices. For a receipt/invoice to be considered eligible it must include the following: o Typed o Dated within the project period. o Include the address where the work was performed, or materials delivered. o Include the name of the company or contractor providing the service or materials. o Provide a description of the work performed and/or materials purchased, itemized to include make, model, sku, quantity, price per item, total price. If microspray or point source emitters have been installed, the flow rate for each must be 2.5 gallons per hour or less, or per the terms and conditions of the Program. If the application is missing or does not comply with the requirements of any of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and/or appropriate photos/documents/invoices prior to scheduling the post-inspection. If applicant is unable to provide photos/documents/invoices that meet the requirements set forth above, the application will be considered incomplete, the application will be denied, no rebate will be issued, and no on-site post-inspection should be scheduled. If the application has satisfied all of the above requirements, Participant Agency and/or its inspector will work with Applicant to schedule the mandatory on-site post-inspection. The purpose of the on-site post-inspection is to serve as an independent verification of the information contained in the application. For commercial sites that are also participating in the Turf Replacement Program and inspected by Metropolitan’s inspection contractor, Participant Agency is required to perform the on-site post-inspection for the Spray-to-Drip portion of the project. As part of the on-site post-inspection, Participant Agency/inspector must verify the following: x The actual square footage of the conversion area. All commercial spray-to-drip sites will be measured using the Moasure device by the Participant Agency and or its inspector for 100% of the sites for 100% of the spray-to-drip conversion areas during the post- inspections. The required minimum techniques for area measurements are described in Section V -Measurement Techniques. x That drip irrigation equipment has been installed. The type of drip equipment (embedded emitter tubing/microspray/point source emitters) must be noted and photographed. Please note that ineligible equipment, such as bubblers, would invalidate the project. x That pressure regulation/filtration components have been installed as part of the drip conversion. Manufacturer/make, model, model number/SKU, and quantity should be documented, and the equipment should be photographed. "!# City Council 18 – 44 9/16/2025 Exhibit A July 23, 2025 26 x That drip tubing has been installed. The drip tubing should be photographed. If covered, a minimum of a 20-foot section must be uncovered for the photograph. x That spray irrigation is no longer functional in the drip conversion area(s). Any remaining spray heads in the conversion area must be capped (no exceptions). Once the on-site post-inspection is complete, the inspector will complete the post-inspection, in full, and upload all photos and documentation. Once the post-inspection Form has been submitted, it will be reviewed by MWDOC, along with copies of all receipts and invoices, and if the Spray-to-Drip project has satisfied all the terms, conditions, guidelines, and requirements of the program, the application will be processed for rebate. If not all the terms, conditions, guidelines, and requirements of the program have been satisfied, the post-inspection will be considered a fail, and the application will be denied, and no rebate funds will be issued. MWDOC reserves the right to conduct or attend any on-site post-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so. V. Measurement Techniques- On Site When measuring sites, the Moasure device must be used. A measuring wheel may be used, on a case-by- case basis, in the event the Moasure device is nonfunctional. Measuring wheels are nearly as accurate when rolling on a flat surface, such as concrete or asphalt. However, measuring wheels on turf or shrub areas run the risk of being inaccurate. For large sites, a map should be provided indicating all the turf areas intended for removal, and all project areas should be measured and noted with square footage. Odd shapes are often hard to measure accurately. The Moasure device is ideal for these situations. In the event, a measuring wheel or alternative method of measurement must be used, the below is a listing of acceptable measurement techniques of odd shapes. Alternative measuring techniques must be submitted to MWDOC for review and approval prior to implementation and must be at least as accurate as the techniques listed here. Non-Uniform Rectangular First measure the length of the longest axis of the area (line AB). This is called the length line. Next, divide the length line into equal sections, for example 13 ft. At each of these points, measure the distance across the area in a line perpendicular to the length line at each point (lines C through H). These lines are called offset lines. Finally, average the lengths of all offset lines and multiply the result times line AB (65 ft. in this example). This is most notably different from the Non-Uniform Ellipse method in that exactly one of the left or right edges is measured, in this case line “C.” "!# City Council 18 – 45 9/16/2025 Exhibit A July 23, 2025 27 Example: Non-Uniform Rectangular Length line (AB) = 65 ft Distance between offset lines is 13 ft apart. Length of each offset line: C = 20 ft F = 20 ft D = 10 ft G = 25 ft E = 15 ft H = 20 ft Average length of = (C + D + E + F + G + H) offset lines (Number of offset lines) = (20 + 10 + 15 + 20 + 25 + 20) / 6 = 18.3 ft Total Area = (Length line) x (Average length of offset lines) = 65 ft x 18.3 ft = 1189.5 ft2 Irregular Rhombus or Widening Rectangular A fast way to measure irregular rhombi is shown in the example below. Stake one end of the measuring tape at point (A, B); measure line d and then line B. Without removing the stake measure line c and then line A. Using those four measurements you will be able to find line f and line e. The areas of triangle (fd), triangle (ce), and rectangle (cd) can now be calculated. "!# City Council 18 – 46 9/16/2025 Exhibit A July 23, 2025 28 Example: Irregular Rhombus or Widening Rectangular Length of each line: A = 20 ft c = 18 ft B = 25 ft d = 21 ft Line (f) = A – c Line (e) = B – d = 20 ft – 18 ft = 25 ft – 21 ft = 2 ft = 4 ft Area (cd) = c x d = 18 ft x 21 ft = 378 ft2 Area (ce) = (c x e) / 2 = (18 ft x 4 ft) / 2 = 36 ft2 Area (fd) = (f x d) / 2 = (2 ft x 21 ft) / 2 = 21 ft2 Total Area = Area (cd) + Area (ce) + Area (fd) = 378 ft2+ 36 ft2 + 21 ft2 = 435 ft2 Non-Uniform Round First measure 16 evenly spaced radii from the same center point (point A). This is called the center point. Next take the average of all the radii (B + C + D + E + F + G + H + I + J + K + L + M + N + O + P + Q) / 16. Use the average radii to calculate the area of a circle. (12.25 ft. in this example). "!# City Council 18 – 47 9/16/2025 Exhibit A July 23, 2025 29 Example: Non-Uniform Round Length of each offset line: B = 10 ft E = 12 ft H = 10 ft K = 9 ft N = 16 ft Q = 9 ft C = 15 ft F= 15 ft I = 15 ft L = 8 ft O = 10 ft D = 10 ft G = 13 ft J = 17 ft M = 15 ft P = 12 ft Number of radii = 16 Average length of offset lines = (B + C + D + E + F + G + H + I + J + K + L + M + N + O+ P + Q) / (Number of radii) = (10 + 15 + 10 + 12 + 15 + 13+ 10 + 15 + 17 + 9 + 8 + 15 + 16 + 10 + 12 + 9) / 16 = 12.25 ft Total Area =ʌ x12.252 ft = 3.14 x 12.25 ft x 12.25 ft = 471 ft 2 Non-UniformEllipses The method used for irregular shaped areas is called the "offset method". First measure the lengthof the longest axis of the area (line AB). This is called the length line. Next, divide the length line into equal sections, for example 10 ft. At each of these points, measure the distance across the area in a line perpendicular to the length line at each point (lines C through G). These lines arecalled offset lines. Finally, add the lengths of all offset lines and multiply the result times the distance that separates these lines (10 ft. in this example). This is most notably different from Non-Uniform Rectangular in that neither the left nor right edges of the shape are measured in theellipse. Example: Non-Uniform Ellipse Length line (AB) = 60 ft Distance between offset lines is 10 ft apart. Length of each offset line C = 15 ft F = 25 ft D = 10 ft G = 20 ft E= 15ft Total length ofoffsetlines =C+D+ E +F +G = 15 + 10 + 15 + 25 + 20 = 85 ft Total Area = (Distance between offset lines) x (sum of the length of offset lines) = 10 ft x 85 ft = 850 ft 2 "!# City Council 18 – 48 9/16/2025 Exhibit A July 23, 2025 30 Non-Uniform Ellipses Alternate An alternate method of measuring non-uniform ellipses is by dividing the ellipses into uniform parts and utilizing the non-uniform round method as described above. An example is shown below. VI- Measurement Techniques - Aerial Please note that aerial inspections are allowed for area-based pre-inspections only. Aerial inspections must be performed using GIS software, such as ArcGIS, NearMap, or GoogleEarth. Imagery resolution should be at least 1 foot. Google MyMaps or Google Maps will not be sufficient for performing aerial inspections. If you would like an exception or have a question about a specific method, please ask MWDOC. When performing aerial inspections, please see the steps: x Look up the site address in your GIS system. x If measuring aerially is difficult due to tree cover or other issues, you must perform an on-site pre- inspection. x Use the site plan and/or customer-submitted photos as a guide for measuring the application areas. x Draw out one or more polygons measuring the area on the map. x Screenshot the aerial measurement with the polygons that must be uploaded to the Droplet portal. x Complete pre-inspection form and upload it to Droplet portal. "!# City Council 18 – 49 9/16/2025 "!# City Council 18 – 50 9/16/2025 By Retail AgencyMetropolitanIncentives [1]MWDOC Grants [2]VendorFees [3]Total Outside FundingPercentageShareInitial Choice AllocationPrior Year Percentage Share [4]Ajustment for Prior year [5]Current Year Invoice AmountBrea $151,253 $27,174 $599 $179,026 2.41% $23,811.72 1.08% ($1,413.22) $22,398.50 Buena Park $157,344 $14,764 $4,460 $176,568 2.37% $23,484.83 0.68% ($895.05) $22,589.78 East Orange County Water District $42,591 $14,913 $202 $57,706 0.78% $7,675.32 0.17% ($227.23) $7,448.09 El Toro Water District $155,004 $22,977 $6,545 $184,526 2.48% $24,543.28 1.73% ($2,273.60) $22,269.68 Fountain Valley $56,619 $26,263 $660 $83,542 1.12% $11,111.69 0.70% ($915.56) $10,196.13 Garden Grove $72,597 $20,632 $1,935 $95,164 1.28% $12,657.48 0.65% ($855.23) $11,802.25 Golden State Water Company $41,322 $9,702 $3,356 $54,381 0.73% $7,233.00 1.15% ($1,513.14) $5,719.86 Huntington Beach $394,458 $103,489 $2,632 $500,579 6.73% $66,580.56 6.61% ($8,672.98) $57,907.58 Irvine Ranch Water District $1,753,309 $175,232 $45,224 $1,973,765 26.53% $262,524.84 11.41% ($14,967.02) $247,557.82 La Habra $71,923 $30,684 $933 $103,540 1.39% $13,771.57 0.86% ($1,134.50) $12,637.07 La Palma $1,662 $535 $196 $2,393 0.03% $318.30 0.02% ($23.97) $294.33 Laguna Beach County Water District $15,847 $4,582 $260 $20,689 0.28% $2,751.84 0.39% ($510.62) $2,241.22 Mesa Water District $281,711 $68,174 $1,465 $351,350 4.72% $46,732.03 3.84% ($5,037.91) $41,694.12 Moulton Niguel Water District $862,916 $141,116 $9,878 $1,013,909 13.63% $134,857.17 21.83% ($28,641.95) $106,215.22 Newport Beach $145,637 $20,791 $2,000 $168,428 2.26% $22,402.15 5.37% ($7,042.32) $15,359.83 Orange $463,183 $78,557 $3,477 $545,217 7.33% $72,517.73 4.85% ($6,359.44) $66,158.29 San Clemente $165,332 $21,659 $2,856 $189,847 2.55% $25,250.98 8.96% ($11,760.73) $13,490.25 Santa Margarita Water District $549,448 $109,272 $12,412 $671,133 9.02% $89,265.48 11.38% ($14,936.25) $74,329.23 Seal Beach $43,245 $6,795 $247 $50,287 0.68% $6,688.47 0.16% ($205.11) $6,483.36 Serrano Water District $1,177 $421 $135 $1,732 0.02% $230.41 0.34% ($447.29) ($216.88)South Coast Water District $272,030 $14,274 $1,603 $287,906 3.87% $38,293.61 7.63% ($10,015.72) $28,277.89 Trabuco Canyon Water District $111,797 $10,811 $493 $123,101 1.65% $16,373.35 4.58% ($6,010.22) $10,363.13 Tustin $161,736 $37,134 $773 $199,643 2.68% $26,553.97 2.09% ($2,746.97) $23,807.00 Westminster $56,902 $11,586 $1,040 $69,529 0.93% $9,247.81 1.11% ($1,450.49) $7,797.32 Yorba Linda Water District $240,388 $32,647 $1,651 $274,686 3.69% $36,535.21 2.28% ($2,990.82) $33,544.39 Anaheim $0 $30,917 $0 $30,917 0.42% $4,112.22 0.06% ($79.14) $4,033.08 Fullerton $0 $15,906 $0 $15,906 0.21% $2,115.56 0.04% ($52.17) $2,063.39 Santa Ana $0 $13,641 $0 $13,641 0.18% $1,814.42 0.01% ($16.66) $1,797.76 Orange County Total $6,269,431 $1,064,649 $105,032 $7,439,112 100% $989,455.00 100.00% ($131,195.31) $858,259.69 [4] Prior year percentage share is rounded to the nearest hundredth of a percent.[5] Prior year adustment to benefits per audit.[1] Incentive amounts funded though Metropolitan's Conservation Credits Program. Programs include Commercial, Industrial, Institutional, Residential, Landscape, Recycled Water Conversion.[2] Outside funding through grants awarded to MWDOC by the California Department of Water Resources and US Bureau of Reclamation. Excludes member agency administrative and supplemental contributions.[3] Vendor fees are administrative processing costs paid for by Metropolitan or through MWDOC grants.MWDOC Water Use Efficiency Choice Allocation for FY 2024/25Based on Outside Funding in January 1, 2023 - December 31, 2023([KLELW&"!# City Council 18 – 51 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Agreement for Waste Discharge Requirement Compliance Services AGENDA TITLE Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25-036) (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, one-year extensions. (Agreement No. A-2025-XXX) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency Water Resources Division (PWA) operates and maintains the City’s water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,500 metered service connections. As the owner of a sewer collections system, the City is required to comply with Waste Discharge Requirements (WDR) adopted by the State Water Resources Control Board. The State WDR’s include requirements to maintain a high level of service and ensure compliance with the regulations. Consultant support is needed for key WDR-mandated programs, including Sewer System Management Plan auditing, maintenance optimization, sewer system investigations, Fat, Oil, and Grease (FOG) control program implementation, along with providing expertise and support in a wide range of compliance programs such as water monitoring and National Pollutant Discharge Elimination Systems requirements. Failure to comply with WDR requirements could result in major fines. City Council 19 – 1 9/16/2025 Waste Discharge Requirement Compliance Services September 16, 2025 Page 2 5 3 1 7 On March 3, 2025, PWA released Request for Proposals (RFP) No. 25-036 (Exhibit 1) on the City’s online bid management and publication system, PlanetBids, by which it sought the services of qualified consulting firms to provide WDR compliance services. A total of 1,083 vendors were notified and 17 vendors downloaded the RFP package. The following table summarizes the participation of firms for RFP 25-036: 1,083 Vendors notified 50 Santa Ana vendors notified 17 Vendors downloaded the RFP Packet 1 Proposal received 0 Proposals received from Santa Ana Vendors The City received one proposal, which was evaluated for content and responsiveness to the RFP. The proposal from EEC Environmental was comprehensive and met all the City’s requirements. EEC Environmental has a proven track record with the City and other local municipalities to provide technical expertise as needed by staff. As such, staff recommends awarding an agreement to EEC Environmental for WDR compliance services (Exhibit 2). EEC Environmental has previously performed work for the City in the same capacity and scope as currently being requested. The continuation of their support for Waste Discharge Requirements ensures consistency, efficiency, and effective delivery of services. EEC Environmental is the regional leader in WDR compliance services having provided similar services for over 30 cities and special districts in Southern California including the City of Anaheim, the Irvine Ranch Water District, and the Costa Mesa Sanitary District. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funding is available in the Fiscal Year 2025-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. A breakdown of the funding is provided in the table below. City Council 19 – 2 9/16/2025 Waste Discharge Requirement Compliance Services September 16, 2025 Page 3 5 3 1 7 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Budget Available / Projected Contract (3-Year Term) 2025-26 05617640- 62300 Sewer Fund Sanitary Sewer Service, Contract Services- Professional $340,000 2025-26 06017644- 62300 Water Fund Water Quality, Contract Services- Professional $20,000 2026-27 05617640- 62300 Sewer Fund Sanitary Sewer Service, Contract Services- Professional $340,000 2026-27 06017644- 62300 Water Fund Water Quality, Contract Services- Professional $20,000 2027-28 05617640- 62300 Sewer Fund Sanitary Sewer Service, Contract Services- Professional $340,000 2027-28 06017644- 62300 Water Fund Water Quality, Contract Services- Professional $20,000 Optional Two, One-Year Extensions 2028-29 05617640- 62300 Sewer Fund Sanitary Sewer Service, Contract Services-Professional $340,000 2028-29 06017644- 62300 Water Fund Water Quality, Contract Services- Professional $20,000 2029-30 05617640- 62300 Sewer Fund Sanitary Sewer Service, Contract Services- Professional $340,000 City Council 19 – 3 9/16/2025 Waste Discharge Requirement Compliance Services September 16, 2025 Page 4 5 3 1 7 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Budget Available / Projected 2029-30 06017644- 62300 Water Fund Water Quality, Contract Services- Professional $20,000 Total:$1,800,000 EXHIBIT(S) 1. RFP No. 25-036 2. Agreement with EEC Environmental Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 19 – 4 9/16/2025 City Council 19 – 5 9/16/2025 CITY OF SANTA ANA NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified consultant(s) for Waste Discharge Requirement Compliance Services. Responses to this Request for Proposal (RFP) will be accepted until Thursday, April 3, 2025 at 2:00 p.m. Proposals shall be submitted electronically through the PlanetBids system. No other form of submittal will be accepted. It is the responsibility of the proposer to ensure that any proposals submitted has been uploaded to PlanetBids prior to this proposal due date and time. Refer to “Response to RFP” section for additional submittal instructions. Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means. All notifications, requests for information, updates and addenda will be posted on PlanetBids at page at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be sent via certified mail or email. A decision, by an interested firm, not to be submit a Letter of Intent would not lead to the disqualification of the firm City Council 19 – 6 9/16/2025 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND ........................................................................................................................... 4 II. OVERVIEW OF PROJECT .......................................................................................................... 4 III. TERM OF AGREEMENT ............................................................................................................. 4 IV. MINIMUM QUALIFICATIONS ...................................................................................................... 4 V. RESPONSE TO RFP .................................................................................................................. 5 VI. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 9 VII. REFERENCES .......................................................................................................................... 10 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ....................................................................... 10 IX. SELECTION PROCEDURES & CRITERIA ............................................................................... 10 X. WITHDRAWALS........................................................................................................................ 11 XI. GENERAL TERMS AND CONDITIONS .................................................................................... 11 XII. AWARD OF AGREEMENT ........................................................................................................ 16 XIII. IMPLEMENTATION ................................................................................................................... 16 EXHIBITS Exhibits provided herein for Proposers’ reference only. EXHIBIT I – SCOPE OF SERVICES EXHIBIT II – SAMPLE AGREEMENT ATTACHMENTS A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C PROPOSER’S STATEMENT D NON-COLLUSION AFFIDAVIT E NON-LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION G SUBCONTRACTOR DESIGNATION FORM City Council 19 – 7 9/16/2025 CITY OF SANTA ANA 4 I. BACKGROUND The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/ II. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide Waste Discharge Requirements Compliance Services and related water quality and environmental compliance. See EXHIBIT I for complete Scope of Services. The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). III. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. IV. MINIMUM QUALIFICATIONS 1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP. 2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP. City Council 19 – 8 9/16/2025 CITY OF SANTA ANA 5 V. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the City Yard Admin Building in the first floor lobby in an enclosed sealed envelope and marked clearly with the following: Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. “SEALED PROPOSAL FOR WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES RFP NO. 25-036 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL.” City of Santa Ana Attn.: Jose Medina, P.E. Public Works Agency 220 S. Daisy Ave.; M-85 Santa Ana, CA 92703 City Council 19 – 9 9/16/2025 CITY OF SANTA ANA 6 B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab. D. EXCEPTIONS Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and City Council 19 – 10 9/16/2025 CITY OF SANTA ANA 7 conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. 1. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Jose Medina, P.E. City of Santa Ana – Public Works Agency 220 S. Daisy Ave., M-85 Santa Ana, CA 92703 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services. c. Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm’s experience including the following: i. A general description of the firm, including size and number of employees working directly with the City on this agreement. ii. Firm’s nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. City Council 19 – 11 9/16/2025 CITY OF SANTA ANA 8 iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan/Understanding of Need Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers’: i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients. 2. Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work. The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: City Council 19 – 12 9/16/2025 CITY OF SANTA ANA 9 Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) H. PROTEST PROCEDURES Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must: 1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered. VI. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: · Attachment A: Proposer’s Certification and Proposal Item Pricing · Attachment B: References · Attachment C: Proposer’s Statement · Attachment D: Non-Collusion Affidavit · Attachment E: Non-Lobbying Certification · Attachment F: Non-Discrimination Certification · Attachment G: Subcontractor Designation Form The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: · All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer. · City will not waive notarization requirement when applicable on any of the required attachments. City Council 19 – 13 9/16/2025 CITY OF SANTA ANA 10 VII. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if: · References fail to substantiate Proposer’s description of services and deliverables provided; or · References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or · City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours. VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE See Exhibit II – Sample Agreement IX. SELECTION PROCEDURES & CRITERIA A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP · Proposal’s compliance with the requirements of this RFP. · Scope of Services offered including ability to provide optional services. · The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. 30 Understanding of Need Include milestones of completion of key tasks, to be completed by specific team members. 25 Relevant Project Experience/Schedule of Delivery · Relevant project experience within the last 5 years, including experience with public agencies. · The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff. 30 Fee 10 TOTAL POSSIBLE SCORE (Before interviews – if held) 100 City Council 19 – 14 9/16/2025 CITY OF SANTA ANA 11 C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. X. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XI. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting Interviews · The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 City Council 19 – 15 9/16/2025 CITY OF SANTA ANA 12 contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR’S EXPENSE Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to City Council 19 – 16 9/16/2025 CITY OF SANTA ANA 13 request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG-FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. City Council 19 – 17 9/16/2025 CITY OF SANTA ANA 14 K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City. N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the City Council 19 – 18 9/16/2025 CITY OF SANTA ANA 15 awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON-PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. City Council 19 – 19 9/16/2025 CITY OF SANTA ANA 16 X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XII. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. XIII. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. “On-Call” contracts require the City Project Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order. City Council 19 – 20 9/16/2025 CITY OF SANTA ANA WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES RFP NO. 25-036 A. Introduction The Water Resources Division of the Public Works Agency is committed to providing the highest quality drinking water systems and sewer collection and conveyance systems. To pursue this mission, the Water Resources Division is issuing this Request for Proposal (RFP) for Waste Discharge Requirement (WDR) and Environmental Compliance Services to assist City staff in implementing key mandated programs, including the FOG control program outlined in the City’s Sewer System Management Plan (SSMP) and as adopted in the Santa Ana Municipal Code Chapter 39. Continuous and timely interaction with our customers, particularly the food service establishment (FSE) community, is paramount to the successful control of FOG in the sewer collection and conveyance system. The work that will be performed by the selected Consultant is essential to the City’s ability to effectively control FOG in the sewer collection and conveyance systems, as well as maintaining compliance with key regulatory programs. B. Background & Description The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population of 310,000 people. There are approximately 1,385 FSEs and about 449 are equipped with Grease Removal Equipment (GREs) that require regular FOG control inspections. The City’s SSMP can be found on the City’s website at https://www.santa-ana.org/documents/sewer-system-management-plan-ssmp/. The Water Resources Division is a part of the City’s Public Works Agency and oversees and maintains the daily operations of the public water system and sanitary sewer system. The City of Santa Ana’s water system is comprised of approximately 460 miles of water main, 48 MG of potable water at 8 sites, 7 Metropolitan Water District connections, 21 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City’s sanitary sewer system has approximately 9,000 manholes, 391 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. The Water Resources Division administrative and engineering section is tasked with overseeing the implementation of WDR and other Environmental compliance programs. C. Work Description The selected Consultant will provide WDR/SSMP compliance services, FOG Program management services, FSE & GRE inspections, Environmental compliance services, program information and outreach, expert review and advice to City staff, maintain maps, records, and an array of related technical support services. The Core Requirements and Deliverables are listed below and represent the central work efforts the Consultant will be responsible for performing. D. Core Requirements and Deliverables (Stated Fee basis) EXHIBIT I SCOPE OF SERVICES City Council 19 – 21 9/16/2025 CITY OF SANTA ANA Consultant shall provide the following deliverables in accordance with established procedures as dictated by the Program Manager or designee. Turnaround time shall not exceed thirty (30) calendar days per assignment unless otherwise specified by the Program Manager or designee. The Consultant is expected to be knowledgeable in environmental protection and treatment, especially as it relates to sewage systems, FOG control, as well as public water systems. 1. Waste Discharge Requirements (WDR) and Sewer System Management Plans (SSMP). The consultant shall be knowledgeable with the State’s environmental compliance regulations including the Sanitary Sewer System Waste Discharge Requirements issued by the Water Resources Control Board. The consultant shall provide environmental compliance services including: · Performing the City’s SSMP Audits as required by the WDR regulations, assessing the effectiveness and performance of key WDR programs, and preparing a report of the findings and recommendations. · Preparing City’s SSMP updates as required by the W DR regulations utilizing the previous updates as foundations (2019 SSMP, 2021 SSMP, 2025 SSMP, etc.) · Providing quarterly WDR training and advising City staff on emerging issues, revisions and additions to the SSS WDR. · Provide updates and training on SSO contingency plans for the City’s sewage lift stations. · Providing SSO response support, including data analysis, volume estimating, reporting, etc. · Develop a sewer system maintenance (cleaning) program and schedule which prioritizes sewer main cleaning based on parameters such as topography, condition of pipe, flow characteristics and historical inspection analyses. The proposed sewer maintenance program will optimize cleaning frequencies and resource deployment. Deliverables will include cleaning program maps in PDF format and in GIS format compatible for use with the City’s infraMAP software. 2. FOG Program Management. The Consultant shall collect, organize, and manage the FOG control program data. The current and existing geodatabase shall be maintained and updated. The Consultant shall provide monthly inspection reports and include the following: number of inspections made during the period, findings (i.e. out of compliance, follow-up inspections, etc.), provide recommendations and assist the FOG Manager with follow up documentation and technical expertise. The Consultant shall coordinate meetings with the FOG Control Program Manager to evaluate and prioritize required activities. The Consultant shall be available during normal working hours, after hours and weekends to provide assistance as required. City Council 19 – 22 9/16/2025 CITY OF SANTA ANA The consultant must be able to maintain the FSE inventory and maintain a schedule that prioritizes FSE inspection frequencies based on FOG production, compliance history, elevated maintenance location relationships, and SSO history. The Consultant shall coordinate with the City to establish all inspection schedules and tasks related thereof. These schedules will be coordinated in conjunction with City Staff and FOG inspectors. Additionally, the consultant shall provide outreach material, educate and train City personnel performing Food Service Establishment (FSE) Inspections. The Consultant shall be able to append Orange County Health Care Agency National Pollutant Discharge Elimination System (NPDES) inspection data into the City’s geodatabase for analysis and to identify necessary NPDES follow-up inspections. The Consultant must have specific knowledge of current and pending MS-4 requirements and be able to integrate storm-water inspection elements into the FSE inspection process. The City uses infraMAP software to collect, and to manage FOG data along with ArcGIS software. The Consultant must have expertise using these software packages. The Consultant shall be able to conduct, obtain, and analyze data from different sources to ensure and provide an up-to-date inventory of food facilities within the City and shall be able to integrate these data into the City’s FOG geodatabase. The City’s inspection process leverages wireless technology for all field inspection activities. Consultant must be familiar with mobile data acquisition systems including hardware, operating systems, software, network structures, and evolving technologies. The Consultant shall provide oversight and administration support of the FSE inspection program. The Consultant shall work with the FOG Control Program Manager to develop and implement FOG related initiatives such as: residential FOG disposal education outreach program, BMP’s educational outreach to FSE owners and distribute FOG related material like pamphlets, and DVD’s. In addition, the Consultant shall perform evaluations and develop performing measures to FOG related chemical and biological additives used for FOG. The Consultant shall have vast experience and expertise on grease control devices (GRD’s) and FOG control measures and or additives. The Consultant shall provide upon request reports and facts for and advice the City on grease control devices. These reports are not limited to size, design, maintenance practices, but shall provide an entire overall perspective of this devices and wide use of in the food service industry. The consultant must be able to manage pictures, GRE requirement documents, permits, and other documents for all FSEs and make those documents accessible through the mobile map interface. Consultant shall review City Municipal Code and provide recommendations for program modifications or enhancements Consultant shall conduct site assessments of FSEs to determine or evaluate GCD retrofit options 3. Food Service Establishment (FSE) Inspections and Enforcement. City Council 19 – 23 9/16/2025 CITY OF SANTA ANA The consultant shall physically inspect each FSE in the City as determined by the FOG Control Program Manager or its designee. The consultant shall provide educational information and Best Management Practices (BMP’s) information to the FSE facility owner/manager in charge at the time of inspection. In addition, the Consultant shall coordinate, establish work schedules and provide educational and training information to City personnel as necessary and required upon City request. The Consultant shall prepare and provide a summary of the FSE inspection to the owner/manager in charge. This handout shall be in English and Spanish. Inspection Categories: · Permitting Inspections- These are comprehensive initial inspections of new and or remodeled FSE’s. The purpose is to identify the type of food, equipment and kitchen practices that could contribute FOG to the sewer system. FSE’s are provided with educational education on FOG program compliance and BMP’s. The Consultant will be required to educate and provide this information to the FSE’s at the time of the inspection. · Grease Removal Equipment (GRE) Inspections- These inspections are conducted to evaluate compliance with a facility’s grease removal equipment requirements. The inspections should be comprehensive in support of potential future enforcement efforts where necessary and should include measuring FOG content of each chamber of all GREs. · Best Management Practices (BMP) Inspections- These are inspections to determine the compliance with all required kitchen BMP’s. These should include a thorough survey of kitchen facilities. Additional, education material shall be provided to the FSE at the time of inspection. · Compliance Inspections- These inspections are conducted when it is determined by the FOG Control Manager that a follow-up or emergency inspection required for non-compliance issue that has been identified thereof. · FSE NPDES Inspections- These inspections are in response to follow-up on NPDES issues identified by the Orange County Health Care Agency. Inspectors must be familiar with the NPDES program and its regulations and identify violations and verify compliance. · Limited Food Preparation (LFP) Inspections- These are inspections of known or probable LFP facilities to confirm their FOG discharge status. E. As-Assigned Tasks (Time and Materials cost basis) 1. Maintaining Maps and Geodatabase Records. The FOG Control Program utilizes GIS technologies (infraMAP) and maps to manage, maintain, and update a FOG geodatabase containing information on all FSEs & GREs City Council 19 – 24 9/16/2025 CITY OF SANTA ANA and inspection records. The Consultant shall maintain and update the FOG geodatabase and associated maps. The consultant will be tasked with the following: · Review inspection records and results for quality assurance and control purposes. · Add, edit or delete records and map points as FSEs and GREs are added or deleted from the inventory. · Edit existing records and feature classes to reflect true field conditions. This would include FSE and GRE relationships. · Maintain layer definition queries that access FOG program data to represent FSEs and GREs that need routine inspections, FSEs and GREs that have existing violations, FSEs and GREs that have never been inspected, FSEs that have NPDES violations, and LFPs that need to be confirmed. · Coordinate with staff and technology consultants to identify and implement infraMAP software inspection form improvements and troubleshoot errors and issues. This may include providing a GIS analyst for on-site support. · Coordinate with staff and technology consultants to define required WDR program work flows and support integration with emerging technology. · Consultant should be able to use data validation tools to review feature class data including FOG inspection activity data. · Assist the City with maintenance data analysis and O&M task optimization. 2. Training & Support The Consultant shall provide training and support on as needed basis and as required by the City. The training shall include and not limited to: WDR updates, Sewer System Management Plan meeting goal and objectives, FOG Program evaluations and reports, GIS support and mapping system. The training shall be conducted in the field and on the classroom as needed by the City and their Staff. 3. General Environmental Compliance Support In addition to WDR compliance, the consultant shall provide expertise and support in a wide range of compliance programs that fall within the Water Resources Division purview, including but not limited to: cross-connection program support, potable water discharge permitting and monitoring, production well O&M assessment and support, water distribution infrastructure, stormwater compliance, compliance related business process development, project management, and assistance. 4. General Sewer System O&M Support The Consultant shall be able to assist the City with assessment of sewer system issues and development of corrective actions including source identification and mitigation. City Council 19 – 25 9/16/2025 CITY OF SANTA ANA F. Technical Abilities Proposer must demonstrate the following skills: 1. Ability to successfully perform FSE and GRE inspections in other languages (in addition to English). Additional consideration will be given to proposers which demonstrate this ability. 2. Knowledge of environmental regulations and formal training in environmental sciences and or engineering. 3. Demonstrated capability to integrate GIS, database and maintenance management technologies to effectively manage FSE inspections and FOG Program tasks. G. Cooperative Work Environment It is required that successful proposer be able to work together in a cooperative work environment with the program manager/contract administrator and staff, and other consultants as required. H. Ongoing Coordination/Status Meetings During the term of the contract, the Program Manager reserves the right to schedule periodic group or individual meetings (anticipated to be once per quarter). I. Content The City retains control over all creative content, and is responsible for providing existing creative content to the Consultant. The City will work with the Consultant(s) to develop any new creative, including public service announcements, display ads, collateral materials, etc., as well as the technical and knowledge support required to execute any advertising activities. The City will be the sole authority in determining acceptability of Consultant(s) work product. J. References and Related Work Product Samples The List of References form is required to be completed. Proposers and Subcontractors of Proposer are required to provide a minimum of three (3) references to demonstrate successful performance for work of similar size and specific scope of work per component specific for proposal submittal as specified in this contract during the past five (5) years. The name of the project and the dollar amount of the contract shall be provided for each listed reference along with contact information. Proposers and Subcontractors of Proposer must also demonstrate that they are properly equipped to perform the work as specified in this contract. Previous experience working with government agencies and working cooperatively with other companies/agencies/entities will be an important consideration. This will enable the City to judge product reliability, vendor performance, and other information. City Council 19 – 26 9/16/2025 CITY OF SANTA ANA K. Oral Interviews and Presentations Only Proposers meeting qualifications as determined at the sole discretion of the City will be required to make individual oral presentations to the City Evaluation Committee, or its designated representatives, in order to clarify their Proposals and as part of the selection process. The interview of key personnel is to determine if the City is able to establish rapport and a productive professional working relationship with these individual(s) and to assess their expertise. Prior to any oral presentation/interview, the City will have completed all reference checks. Multiple interviews may be required and may be by telephone and or in person which shall be solely determined at the discretion of the City. If the City determines that such oral presentation and interview of the key personnel is needed, the Issuing Office will schedule a time and place. Proposers are required to make the oral presentation and interview of the key personnel within seven (7) workdays after request by the City. Proposers should be prepared to discuss and substantiate any of the areas of the Proposal submitted, as well as its qualifications to furnish the specified products and services. Notwithstanding the possibility of a request for an oral presentation and interview of the key personnel, Proposers shall not rely on the possibility of such a request and shall submit a complete and comprehensive written response to this solicitation. Any costs incurred for the oral presentation and interview of the key personnel are the responsibility of the Proposer. City Council 19 – 27 9/16/2025 CITY OF SANTA ANA CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social EXHIBIT II SAMPLE AGREEMENT City Council 19 – 28 9/16/2025 CITY OF SANTA ANA security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Company shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of Customer’s data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Company, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any auto, with limits no less than $1,000,000 combined single limits. 3. Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Company in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Company’s failure to provide professional services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of Customer in the care, custody, or control of Company. 4. Workers’ Compensation as required by the State of California, with statutory limits, and Employer’s Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. If Company maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Company. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Customer. City Council 19 – 29 9/16/2025 CITY OF SANTA ANA Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Company’s CGL, AL and E&O policies, with respect to any liability arising out of work or operations performed by or on behalf of the Company including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Company’s Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Company under this Agreement. 3. For any claims related to this contract, Company’s insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Company’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff’s Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by Customer. Customer may require Company to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to Customer. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. City Council 19 – 30 9/16/2025 CITY OF SANTA ANA Verification of Coverage Company shall furnish Customer with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Company’s obligation to provide them. Customer reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Company shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Special Risks or Circumstances Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Failure to Maintain Insurance Coverage If Company, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. Customer, at its sole option, may terminate this Agreement at any time and obtain damages from Company resulting from said breach. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three City Council 19 – 31 9/16/2025 CITY OF SANTA ANA (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. City Council 19 – 32 9/16/2025 CITY OF SANTA ANA 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 City Council 19 – 33 9/16/2025 CITY OF SANTA ANA With courtesy copies to: Executive Director, ------- Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: City Council 19 – 34 9/16/2025 CITY OF SANTA ANA IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nuñez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Assistant City Attorney Tax ID# RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency SAMPLE ONLY (name) (title) City Council 19 – 35 9/16/2025 CITY OF SANTA ANA Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer’s fee proposal shall be submitted concurrently with the technical proposal, but in a separate file, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, and a Project Fee Schedule as listed below. All services performed by the consultant not specifically captured by the unit prices listed shall be compensated on a time and material basis: TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Item Description Unit Estimated Quantity Unit Price Total 1. Perform SSMP Audit Each 1 $ $ 2. Perform SSMP Update Each 1 $ $ 3. Lift Station Contingency Plan Development LS 1 $ $ 4. Permitting Inspections* Each 100 $ $ 5. GRE Inspections* Each 400 $ $ 6. BMP Inspections* Each 1000 $ $ 7. Compliance Inspections* Each 200 $ $ 8. LFP Confirmation Inspections* Each 100 $ $ 9. FSE NPDES Inspections* Each 100 $ $ 10. WDR Training and Support* Each 4 11. SSO Response Support* Each 4 TOTAL *These are estimated annual quantities. Actual inspection quantities, training, and support over contract term may vary. ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING City Council 19 – 36 9/16/2025 CITY OF SANTA ANA PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. __________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS __________________________________________________________________________________ BUSINESS ADDRESS __________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE __________________________________________________________________________________ SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS __________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) __________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 19 – 37 9/16/2025 CITY OF SANTA ANA List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B REFERENCES City Council 19 – 38 9/16/2025 CITY OF SANTA ANA Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C PROPOSER’S STATEMENT City Council 19 – 39 9/16/2025 CITY OF SANTA ANA (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ________________________ Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT D NON-COLLUSION AFFIDAVIT City Council 19 – 40 9/16/2025 CITY OF SANTA ANA The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT E NON-LOBBYING CERTIFICATION City Council 19 – 41 9/16/2025 CITY OF SANTA ANA The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract ATTACHMENT F NON-DISCRIMINATION CERTIFICATION City Council 19 – 42 9/16/2025 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 19 – 43 9/16/2025 CITY OF SANTA ANA Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law. If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates. In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document. Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount Contractor’s License Number DIR Registration No. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount: Contractor’s License No: DIR Registration No: • Contractor will not be subcontracting any portion of work. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT G SUBCONTRACTOR DESIGNATION FORM City Council 19 – 44 9/16/2025 Page 1 of 10 AGREEMENT WITH EEC ENVIRONMENTAL TO PROVIDE WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of September, 2025 by and between EEC Environmental, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On March 12, 2025, the City issued Request for Proposal No. 25-036, by which it sought a qualified consultant to provide waste discharge requirement compliance services for the City’s Public Works Agency. B.Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work documented in RFP No. 25-036. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform the services described in the scope of work included in RFP No. 25-036, attached as Exhibit A and incorporated in full. 2.COMPENSATION a.City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed One Million, Eight-Hundred Thousand dollars ($1,800,000), including any extension periods. b.Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Exhibit 2 City Council 19 – 45 9/16/2025 Page 2 of 10 3. TERM This Agreement shall commence on the date first written above and terminate on August 18, 2028, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) additional one (1) year periods, exercisable by a writing by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE City Council 19 – 46 9/16/2025 Page 3 of 10 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation City Council 19 – 47 9/16/2025 Page 4 of 10 or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Jose Medina, 20 Civic Center Plaza, M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by City Council 19 – 48 9/16/2025 Page 5 of 10 reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, City Council 19 – 49 9/16/2025 Page 6 of 10 direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms City Council 19 – 50 9/16/2025 Page 7 of 10 of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or City Council 19 – 51 9/16/2025 Page 8 of 10 arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: EEC Environmental Attn: Jim Kolk, Principal Engineer 1 City Boulevard West, Suite 1800 Orange, CA 92868 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have City Council 19 – 52 9/16/2025 Page 9 of 10 been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties are superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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ity Council 19 – 62 9/16/2025 EXHIBIT B City Council 19 – 63 9/16/2025 FOR THE CITY OF SANTA ANATY OF SANTA AN RFP No. 25 A AN 2525- NANA AN 55--036 April 3, 2025 City Council 19 – 64 9/16/2025 &,7<2)6$17$$1$ &HUWLILFDWLRQ,FHUWLI\WKDW,KDYHUHDGXQGHUVWDQGDQGDJUHHWRWKHWHUPVDQGFRQGLWLRQVRIWKLV5HTXHVW IRU3URSRVDOV,KDYHH[DPLQHGWKH6FRSHRI6HUYLFHV([KLELW,DQGDPTXDOLILHGWRSURYLGHVHUYLFHV EHLQJUHTXHVWHGDVVSHFLILHGKHUHLQ,XQGHUVWDQGDQGDJUHHWKDW,DPUHVSRQVLEOHIRUUHSRUWLQJDQ\ HUURUVRPLVVLRQVRUGLVFUHSDQFLHVWRWKH&LW\IRUFODULILFDWLRQSULRUWRWKHVXEPLVVLRQRIP\SURSRVDO 3URSRVHU¶VIHHSURSRVDOVKDOOEHVXEPLWWHGFRQFXUUHQWO\ZLWKWKHWHFKQLFDOSURSRVDOEXWLQD VHSDUDWHILOHFOHDUO\ODEHOHGDV³)HH3URSRVDO´7KLVVKDOOLQFOXGHWKHILUP¶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¶6&(57,),&$7,21352326$/35,&,1* ((&(QYLURQPHQWDO City Council 19 – 65 9/16/2025 City Council 19 – 66 9/16/2025 EECFeeProposal–WDRComplianceServicesFPͲ1April3,2025 Fee Proposal – Waste Discharge Requirements Compliance Services (RFP #25-036) EECEnvironmental(EEC)ispleasedtosubmitthisfeeproposaltoprovidecontinuedWasteDischarge Requirement(WDR)andEnvironmentalComplianceservices,includingFats,Oils,andGrease(FOG) ProgramManagementservices,totheCityofSantaAna(City).Thetablebelowsummarizesproposed unit/lumpsumfeesandprovidesestimatedcostsforAsͲAssignedTasks,whichwillbeperformedona timeandmaterialsbasispursuanttoEEC’s2025FeeSchedule(hourlyrateschedule)providedfollowing thispage. Unit Estimated UnitPrice Total 1 PerformSSMPAudit Each 1 $12,500$12,500 2 PerformSSMPUpdate Each 1 $8,500$8,500 3 LiftStationContingencyPlan Lump 1 $5,000$5,000 4 PermittingInspections Each 100 $130$13,000 5 GREInspections Each 400 $110$44,000 6 BMPInspections Each 1000 $100$100,000 7 ComplianceInspections Each 200 $130$26,000 8 LFP Confirmation Each 100 $45$4,500 9 FSENPDESInspections Each 100 $45$4,500 10 WDRTrainingandSupport Each 4 $2,500$10,000 11 SSO ResponseSupport Each 4 $2,500$10,000 238,000$ Basis CostEst. Ͳ FOGProgramManagement T&M $60,000 1 MaintainingMaps andDatabase T&M $22,500 2 TrainingandSupport T&M $22,500 General Environmental ComplinaceSupport CrossͲ ConnectionProgramSupport $25,000 PotableWaterDischargePermitting/Support $25,000 ProductionWellO&MSupport $25,000 WaterDistributionInfrastructureSupport $32,500 StormwaterComplianceSupport $20,000 ProjectManagementandAssistance$50,000 4 GeneralSewerSystemO&MSupport T&M $45,000 327,500$ 80Ͳ 100hours 150Ͳ200hours AsͲ AssignedTasks(Estimated)Total 80Ͳ 100hours 80Ͳ 100hours 80Ͳ 100hours 100Ͳ125hours 80Ͳ 100hours 150Ͳ200hours T&M3 275Ͳ325hours 80Ͳ 100hours Unit/LumpSumBasisItems Level ofEffortAsͲAssigned(T&M)Items City Council 19 – 67 9/16/2025 City Council 19 – 68 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Electrical Upgrade at Corporate Yard AGENDA TITLE Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25-075) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single one-year extension (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency (PWA) is responsible for operating and maintaining the City’s Corporate Yard, which serves as the central hub for the agency’s operations and maintenance functions. The Corporate Yard houses multiple PWA divisions, including the General Maintenance Division, Water Resources Division, Fleet Services Division, and Parks Maintenance Division. Additionally, the Corporate Yard supports functions of other PWA divisions and City departments by providing shop and office facilities, as well as storage space for machinery and equipment. The Corporate Yard includes fueling stations that provide unleaded gasoline, diesel, propane, and compressed natural gas (CNG) for use by City personnel and authorized contractors. The site also supports the City’s refuse management operations by serving as a collection point for materials handled by City-operated services, and as a staging location for contracted street sweeping equipment. The existing electrical infrastructure at the Corporate Yard has exceeded its recommended capacity. To accommodate any future site improvements that require additional electrical supply, the installation of a new transformer is necessary. This upgrade is essential to support the expansion of the City’s zero-emissions vehicle fleet through the addition of on-site electric vehicle (EV) charging stations. Furthermore, staff has identified the need to install new air-conditioning units in currently non-climate- City Council 20 – 1 9/16/2025 Electrical Upgrade at Corporate Yard September 16, 2025 Page 2 5 3 1 8 controlled areas. The new transformer will ensure a reliable power supply to meet these growing energy demands and support the City’s long-term sustainability goals. On June 5, 2025, Invitation for Bids (IFB) No. 25-075 was released on the City’s online bid management and publication system, PlanetBids, for qualified contractors to provide electrical improvements for the City’s Corporate Yard. A summary of vendor participation and results is as follows: 591 Vendors notified 38 Santa Ana vendors notified 56 Vendors downloaded the IFP Packet 5 Bids received 0 Bids received from Santa Ana Vendors Bids were opened on July 1, 2025 and evaluated (Exhibit 1). Five bids were submitted by the IFB deadline, and all were determined to be responsive to the specifications and meet the City’s requirements. The bid submitted by Pacific Industrial Electric is determined to be the lowest responsible bid, is responsive to the specifications, and meets the City’s requirements. Staff recommends awarding an agreement to Pacific Industrial Electric (Exhibit 2) for a total estimated delivery cost of $796,707, which includes $49,451 for unforeseen conditions. This is the first project that Pacific Industrial Electric is undertaking with the City. The company has prior experience performing electrical work for entities such as the Montebello Unified School District and the County of Santa Clara. The scope of work for this project includes services such as the installation of power poles, the connection of a 12,000-volt power distribution center, and the transfer of existing power to new systems. A reference check was conducted as part of the evaluation process and the results were outstanding, confirming the company’s strong reputation and reliability. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The funds were budgeted and available in the following account for Fiscal Year 2024- 2025 and will be carried forward for use in Fiscal Year 2025-2026, subject to City Council approval of the carryover on October 7, 2025. City Staff will issue two Notices to Proceed (NTP). The First NTP will authorize the vendor to procure materials due to long lead times. Once the materials are secured, staff will coordinate with Southern California Edison (SCE) and the vendor to issue a second NTP, scheduling and completing the work. Once the work is scheduled, staff expects it to be completed within 40 working days. City Council 20 – 2 9/16/2025 Electrical Upgrade at Corporate Yard September 16, 2025 Page 3 5 3 1 8 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Total 2025-26 01117017-66400 (25-6032) PWA General Fund PWA-Service Enhancement $796,707 Total:$796,707 EXHIBIT(S) 1. Exhibit 1 – Abstract of Bids 2. Exhibit 2 – Agreement with Pacific International Electric Company Inc. Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 20 – 3 9/16/2025 BIDDER LOCATION TOTAL Armstrong Cal Builders Inc.Stanton, CA 888,550$ Eco Energy Solutions Inc. dba High Volt Electric Simi Valley, CA 1,095,104$ Leed Electric, Inc.Santa Fe Springs, CA 1,292,732$ Opal Fuels Station Services LLC Rancho Cucamonga, CA 979,510$ Pacific International Electric Company, Inc. dba Pacific Industrial Electric, Inc.Brea, CA 796,707$ ABSTRACT OF BIDS Electrical Upgrade at Corporate Yard (IFB No. 25-075) EXHIBIT 1 City Council 20 – 4 9/16/2025 AGREEMENT WITH PACIFIC INDUSTRIAL ELECTRIC TO PROVIDE ELECTRICAL IMPROVEMENTS FOR CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 16th day of September, 2025 by and between Pacific International Electric Company Inc., doing business as Pacific Industrial Electric, (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On June 5, 2025, the City issued Invitation for Bids (“IFB”) No. 25-075, by which it sought qualified contractors to provide electrical improvements for the City’s Corporate Yard. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB 25-075. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2.COMPENSATION a.City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $796,707.12, including any extension periods. b.Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance EXHIBIT 2 City Council 20 – 5 9/16/2025 set forth in the Recitals which may reasonably be expected by City. 3. TERM a. This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant a one (1) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below. b. Contractor is to proceed with the procurement of long-lead-time materials, specifically including, but not limited to the switchgear, upon receipt of Phase 1 – Procurement Notice to Proceed. Proof of order with expected delivery date shall be submitted to City. The construction work shall be completed within 30 calendar days from the date of the Phase 2 - Full Notice to Proceed (Construction). c. If Contractor does not complete the work within the time periods noted in subsection b above, the City will suffer damage. It is impractical and infeasible to determine the amount of damage. Therefore, Contractor shall pay to the City, as fixed and liquidated damages and not as a penalty, the sum of $500 each and every calendar day of delay. The Contractor and Contractor's Surety shall be liable for the amount. If City for any cause authorizes or contributes to a delay, suspension of work or extension of time, its duration shall be added to the time allowed for completion, but shall not be deemed a waiver nor be used to defeat any right of the City to damages for non-completion or delay. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social City Council 20 – 6 9/16/2025 security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, which can be lower than $1,000,000. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Contractor has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or City Council 20 – 7 9/16/2025 claim, and $1,000,000 aggregate. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Contractor’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor under this Agreement. 3. For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Jose Medina, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. City Council 20 – 8 9/16/2025 Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. BONDS Contractor shall furnish a bond to be approved by the City, in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond). This Contract shall not become effective until such bond is supplied to and approved by the City. 9. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 10. INTELLECTUAL PROPERTY INDEMNIFICATION City Council 20 – 9 9/16/2025 Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 11. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 12. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 13. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct City Council 20 – 10 9/16/2025 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 14. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. City Council 20 – 11 9/16/2025 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 19. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and City Council 20 – 12 9/16/2025 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Pacific Industrial Electric Attention: Chris Michalski 230 N. Orange Avenue Brea, CA 92821 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 22. CALIFORNIA AIR RESOURCES BOARD (CARB) COMPLIANCE Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code City Council 20 – 13 9/16/2025 of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. 23. COMMUNITY WORKFORCE AGREEMENT Contractor shall adhere to the City’s Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for Contractor to follow in the crafts persons employed to complete the Project as more fully described in the CWA. The CWA may be found on the City’s website at: CWA City of Santa Ana 12-20- 2023 23. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City Council 20 – 14 9/16/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA JENNIFER L. HALL ALVARO NUÑEZ City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney By: Kyle Nellesen By: Assistant City Attorney Title: RECOMMENDED FOR APPROVAL: RUDY ROSAS, P.E. Acting Executive Director Public Works Agency le NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNeleeeeeeelesen it tCit Att Roxanne Medina CAO Roxanne Medina Digitally signed by Roxanne Medina DN: cn=Roxanne Medina, o=Pacific Industrial Electric, ou=CAO, email=roxanne@pacificindustrialelect ric.com, c=US Date: 2025.08.11 11:20:36 -07'00' Rodolfo Rosas Digitally signed by Rodolfo Rosas Date: 2025.08.28 14:16:41 -07'00' City Council 20 – 15 9/16/2025 EXHIBIT A City Council 20 – 16 9/16/2025 City of Santa Ana IFB No. 25-075 Page 3 of 25 SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City of Santa Ana Public Works Agency – Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City’s water system has an average daily demand of about 30 million gallons (MG) with 45,000 service connections. It is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones. The City is soliciting competitive bids from qualified ContractorsWR provide electrical improvements through the purchase and installation of an electrical panel and its appurtenances located at 220 S Daisy Ave Santa Ana (“City Yard” or “Corporate Yard”).The work involves the complete removal of the existing 2000 Amp main service panel/switchboard and its appurtenance along with the furnishing and installation of a new 4000 Amp main service panel/switchboard, rated 277/480V 3-Phase. The scope includes, but is not limited to, providing and installing all necessary service entrance conductors, conduits, main circuit breaker, grounding electrode system, bonding, terminations, panels, structures (switch & transformer pad), trench, and metering provisions as required by Southern California Edison (SCE), and associated appurtenances necessary to successfully install and commission the new 4000 Amp Main Service Panel/Switchboard for re-energization by SCE including back feeding existing switchgear as necessary during installation. Removal of 6” curb, clearing and grubbing per 2021 Green Book Section 300- for the placement of new concrete slab to grade. The project scope includes the need for the replacement of one (1) electrical pole and furnishing a new class 3 electrical pole. All work shall be performed in strict accordance with the latest adopted editions of: x State of California Construction Safety Order (CAL/OSHA) x ASNI C2, National Electrical Safety Code (NESC) x National Electrical Code (NEC) x Southern California Edison’s (SCE) Electrical Service Requirements (ESR) Manual and Underground Structure Standards (UGS). Applicable Codes of local authorities having lawful jurisdiction pertaining to the work required. City Council 20 – 17 9/16/2025 City of Santa Ana IFB No. 25-075 Page 4 of 25 SCOPE OF WORK %SPECIFICATIONS The requested scope of the Contractor includes, but is not limited to the following: x Remove 750KVA XFMR x Remove 3 runs of 700 from XFMR to old 2000 Amp Panel x Install PME 5 on new 4’x6’ structure x Set new 150KVA XFMR on new 10’x12’ structure 5422446 x Procure SCE structure directly from Manufacture according to Design Plan ([KLELW, x Install all new ducts and structures x Backfeeding the Corporate Yard Electrical Circuit to Ensure Continuous Power to All Buildings All electrical equipment removed shall be disposed to facilities that are permitted to receive electrical waste and satisfy EPA and local waste regulations. The Contractor will be required to coordinate with SCE and shall accommodate for the following work to be completed by SCE: x Remove #2 primary from 87115E to P5422446 x Pull new 1/0 primary from PME5 to new 1500KVA XFMR x Pull 6 runs of 700 to new 4000Amp panel x EMS to pre-set meter and CT’s All material, equipment and construction should adhere to SCE Design Drawing 1724689_0.01. Vendor shall coordinate with SCE all the required installation/upgrades of SCE facilities including new cables, setting of new equipment (switch, transformer, etc.), removal of old transformer, old cable upstream of the panel, removal/installation of SCE meters. C. DELIVERY REQUIREMENTS AND LOCATION(S) Contractor shall identify and prioritize long lead items including but not limited to 4000- amp switchgear and shall coordinate delivery to project location in a timeframe that minimizes downtime. All materials to be delivered to corporate yard to be coordinated with city staff for location of deliveries. All items to be delivered during city corporate yard hours of operation. City Yard 215 S. Center St. Santa Ana, CA 92703 Monday-Thursday 7AM-5PM Friday 7AM-4PM City Council 20 – 18 9/16/2025 City of Santa Ana IFB No. 25-075 Page 5 of 25 SCOPE OF WORK Contractor work is to be performed during city hours of operation listed above. Under special circumstances, work can be scheduled at different times or days with approval from city project manager. Unless authorized by city staff no weekend or holiday work. D. CARB FLEET REGULATIONS: The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed Subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City Council 20 – 19 9/16/2025 EXHIBIT B City Council 20 – 20 9/16/2025 City Council 20 – 21 9/16/2025 City Council 20 – 22 9/16/2025 City Council 20 – 23 9/16/2025 City Council 20 – 24 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Construction Contract for the Santa Ana Zoo Hive Building AGENDA TITLE Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 23-2601) (Non-General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (02213002-57081) revenue account and appropriate the same amount into the PRCSA Fees & Donations (02213200-66200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & Development-District 3 (31313002-50001) revenue account and appropriate the same amount into the Acquisition & Development-District 3 (31313260-66200) building expenditure account for the Santa Ana Zoo Education Hub Building A – Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2025-2026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 23-2601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A – Phase 1 Project (No. 23-2601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. City Council 21 – 1 9/16/2025 Construction Contract for the Santa Ana Zoo Hive Building September 16, 2025 Page 2 5 3 1 9 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A – Phase 1 Project, in an amount not to exceed $374,315 for a three- year term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one-year extensions.(Agreement No. A-2025-XXX) 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2025-62 will be filed for Project No. 23-2601. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency Engineering Services Division (PWA) is responsible for the administration and oversight of all Capital Improvement Projects in the City. The Santa Ana Zoo Education Hub Building A – Phase 1 (No. 23-2601) (Project) involves the construction of a new educational facility, known as the Hive, within the Santa Ana Zoo at Prentice Park. This Project is the first phase of a multi-phased initiative to expand and modernize the Zoo’s educational infrastructure. The Project includes the construction of the Hive building, which will serve as a flexible space for educational programming, community workshops, public events, and after-hours rentals. The Project location is immediately adjacent to the Zoo’s large event lawn and amphitheater space which will enhance the functionality of those spaces (Exhibit 1). The Hive building is designed to support both indoor and outdoor learning experiences and will incorporate sustainable building practices, Americans with Disabilities Act (ADA)-compliant access, and Zoo- compatible architectural elements. This project supports the goals outlined in the Santa Ana Zoo Master Plan and aligns with the broader City vision of enhancing public spaces, promoting environmental education, and improving community-serving amenities. The Hive will strengthen the Zoo’s role as a regional attraction and a vital resource for students, families, and educators. The project is necessary to meet the growing demand for structured educational programming and to replace outdated facilities that no longer meet current or future needs. The educational reach of the Zoo is broad, with nearly 500 school visits in 2024, representing over 33,000 students. The education team has led over 600 programs for the public, including 29 park pop-ups, 421 animal presentations, and 90 story time programs. Construction is anticipated to begin in November 2025, with project completion expected by November 2026. The construction of this Project is coordinated with planned improvements at the Zoo including future development phases of the Education City Council 21 – 2 9/16/2025 Construction Contract for the Santa Ana Zoo Hive Building September 16, 2025 Page 3 5 3 1 9 Hub. Upon completion, the Hive will provide a welcoming, functional, and modern space that enhances the Zoo’s ability to deliver high-quality educational experiences. The final site will include supporting infrastructure improvements, with maintenance coordinated by PWA staff and Zoo management. The Project reflects the City’s continued investment in public infrastructure, educational equity, and long-range community enrichment. It will directly benefit residents, visitors, and partner organizations by providing a dedicated space for lifelong learning and engagement. Funding History The City received funding from the State of California in the FY21-22 budget through the advocacy of Senator Tom Umberg, 34th District, in the amount of $2,000,000 towards the completion of this project. On May 3, 2022, Council adopted a resolution approving the acceptance of grant funds from the State of California Natural Resources Agency, and a contract for architectural services was advertised on February 22, 2023 and awarded on August 1, 2023 to LOC Architects. The original design concept proposed a single large building; however, site and subsurface investigations revealed the presence of mature trees and underground utilities, including a Southern California Edison easement, which conflicted with the initial design. As a result, a revised approach was necessary. On April 16, 2024, the City Council approved an amended agreement with LOC Architects, modifying the scope of work to include the design of two separate buildings and a layout compatible with the site constraints. To date, $350,000 of the grant funds have been spent on design and the deadline to expend the State funds is March 1, 2026. City staff has been in communication with the State throughout this process and provided updates as the project has moved along. Staff may need to request an extension to the spending deadline. Project Advertisement and Contractor Procurement To provide an opportunity for local vendors to submit bids, the City notified a total of 219 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of 13 bids were received and deemed responsive. One bid was received from a Santa Ana contractor. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 7, 2025 and May 14, 2025. The project was also advertised in PlanetBids from May 7, 2025 to July 2, 2025. Bids were received electronically via PlanetBids on July 2, 2025. No bid protest was submitted by any of the bidders during the bid protest period. A copy of construction plans, contracts, specifications, and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located in City Hall. City Council 21 – 3 9/16/2025 Construction Contract for the Santa Ana Zoo Hive Building September 16, 2025 Page 4 5 3 1 9 Construction Contract Bid Results RANK BIDDER’S NAME LOCATION BID 1 Optima RPM, Inc.Irvine, CA $3,563,265 2 New Dynasty Construction Co.Tustin, CA $4,678,650 3 Armstrong Cal Builders Inc.Stanton, CA $4,727,200 4 FEC Future Contractors and Engineers Inc.Irvine, CA $4,728,200 5 Newman Midland Corp Long Beach, CA $4,786,000 6 KYA Services LLC Santa Ana, CA $4,904,784 7 Loengreen, Inc.La Canada. CA $5,079,200 8 SS+K Construction Inc.Mission Viejo, CA $5,201,200 9 Pub Construction Inc.Diamond Bar, CA $5,322,200 10 Loghmani & Associates Design Group, Inc.Playa Del Rey, CA $5,489,000 11 PCN3, Inc.Los Alamitos, CA $5,594,200 12 Klassic Engineering & Construction Inc.Orange, CA $6,232,950 13 The Nazerian Group Encino, CA $6,614,123 Optima RPM, Inc. submitted the lowest responsive bid in the amount of $3,563,265 (Exhibit 2). Based on the bid analysis, reference checks, and evaluation against the bid criteria, staff finds Optima RPM, Inc. to be a responsible and qualified bidder and recommends awarding them the construction contract. Founded in 2011, Optima RPM, Inc. is a national general contractor with a proven track record of successfully completing projects across the country. The firm has completed multiple projects in both the private and public sectors, including city halls, park centers, gymnasiums, administration buildings, and tenant improvements throughout Orange County. Optima RPM, Inc. has demonstrated that they possess the stability and experience necessary to successfully complete this project in accordance with the City’s plans, specifications, and expectations. (Exhibit 3). This will be the first project Optima RPM, Inc. will build in Santa Ana. Optima RPM, Inc. has done similar projects in the past for other public agencies. Most recently they completed construction of the Central Park Amphitheater for the City of Menifee and modernization of an existing motel for the City of Ontario. Based on a contractor’s reference check, staff was informed that Optima RPM, Inc. performed quality work for those agencies. Based on the bid analysis, staff recommends awarding the construction contract to Optima RPM, Inc. Construction Management Bid Results The RFP for Construction Management services was advertised on the City’s online procurement management and publication system, with Proposals due on July 3, City Council 21 – 4 9/16/2025 Construction Contract for the Santa Ana Zoo Hive Building September 16, 2025 Page 5 5 3 1 9 2025. Seven proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the seven responding firms and their ranking. Firm City Rank Berg & Associates, Inc.San Pedro, CA 1 TynanGroup, Inc.Newport Beach, CA 2 Transtech Engineers, Inc.Chino, CA 3 JS Held Newport Beach, CA 4 APSI Construction Management Santa Ana, CA 5 P2S, Inc.Long Beach, CA 6 Willdan Anaheim, CA 7 Staff recommends awarding an agreement to Berg & Associates, Inc. to provide the Construction Management and Inspection Services based upon the scope of work and selection criteria outlined in RFP 25-077 (Exhibit 4). Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm’s rates are reasonable and within industry standard, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the city. This will be the second time Berg & Associates has worked with the City. They have been the primary consultant on Projects Nos. 19-6438, 19-6439, 19-6440 SR- 55/Ritchey Street Water Improvements, where they demonstrated their ability to deliver quality results. They have consistently provided satisfactory work and shown a strong understanding of the City’s processes and expectations. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements. Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balances upon close out of the project. As indicated in the Cost Analysis and as summarized in the table below, the estimated total construction delivery cost of the project is $4,454,082. City Council 21 – 5 9/16/2025 Construction Contract for the Santa Ana Zoo Hive Building September 16, 2025 Page 6 5 3 1 9 Project Item Total Construction Contract Bid Amount $3,563,265 Construction Administration $285,062 Inspection $178,163 Testing $71,265 Unforeseen Conditions $356,327 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $4,454,082 Project Schedule and Contract Time The project completion is scheduled for November 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project is 250 working days, as specified in the bid documents. Working days are counted in accordance with the City’s Standard Specifications, which exclude weekends, City-observed holidays, and inclement weather days that prevent work. The actual completion date will depend on the contractor’s schedule, material procurement timelines, and any unforeseen delays. Based on a typical project timeline, the estimated project completion is provided below: Project Milestones Milestone Estimated Completion Date Notes Administrative Startup October 2025 Contract execution, bonds, insurance Material Procurement October 2025 Procurement may take place concurrently with construction. Contractor Mobilization November 2025 Start of construction activities Project Completion November 2026 Based on 250 working days The contractor will be constructing this project in a singular phase, fulfilling the scope of work as outlined in the contract documents. The contractor is responsible for determining the scheduling and sequencing of activities based on their proposed means and methods. Public Outreach This project was conceptualized as a part of the 20-year Master Plan for the Santa Ana Zoo approved by the City Council in 2018. Community surveys in 2020 and 2021 showed widespread support for the Zoo and the desire for additional educational opportunities and programming. Stakeholders were involved in the design process and the construction location is within the interior of the zoo campus, greatly reducing the impact on neighboring properties. City Council 21 – 6 9/16/2025 Construction Contract for the Santa Ana Zoo Hive Building September 16, 2025 Page 7 5 3 1 9 Upon Council approval of recommended actions, prior to start of construction, Staff will notify Zoo Patrons of upcoming construction and post informational material including who to contact for additional information or to address issues of concern. Additionally, the contractor is required to install signage at the project site indicating project details and contact information. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15303(c) of the CEQA Guidelines for projects consisting of new building construction not involving the use of significant amounts of hazardous substances and up to four commercial buildings not exceeding 10,000 square feet in floor area. The proposed project continues to meet these parameters of the CEQA Guidelines and Categorical Exemption Environmental Review No. ER-2025-62 will be filed for Project 23-2601 (Exhibit 5). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,454,082. Funding for the project was partially allocated in prior years. Funds appropriated in prior years will be included in the City’s Carry Forward of Unspent 2024-2025 Funds to be presented to the City Council for approval at the October 7, 2025 City Council meeting. The remainder of the funding for the project is included in recommended actions #1 and #2. Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2026-2027 (Exhibit 6). The proposed contract authorizes staff a maximum of 10% for construction contract change orders. Staff would return to City Council for authorization and appropriation of additional funding if necessary. With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the Acquisition & Development Fund -District 3, Building Improvements Account (No. 31313260-66200). The spendable portion of the fund balance is estimated to be $765,225 as of June 30, 2025, which is sufficient to allow for the recommended appropriation of $750,000. The funds will be budgeted and available for this item in the accounts below. Fiscal Year Accounting Unit – Account No. (Project No.) Fund Description Accounting Unit, Account Description Amount CURRENT REMAINING BUDGET 2025-26 16113262-66200 (23-2601)State Grants State Resources Agency Grant-Building Improvements $1,649,880 City Council 21 – 7 9/16/2025 Construction Contract for the Santa Ana Zoo Hive Building September 16, 2025 Page 8 5 3 1 9 Fiscal Year Accounting Unit – Account No. (Project No.) Fund Description Accounting Unit, Account Description Amount 2025-26 01113017-66200 (23-2601)General Fund PRCSA-Service Enhancement-Building Improvements $441,013 2025-26 05113263-66200 (23-2601) Capital Outlay Fund Park Improvements- Building Improvements $450,000 2025-26 01213020-66200 (23-2601) Cannabis Public Benefit Fund PRCSA Youth Services-Building Improvements $873,759 2025-26 01113200-66200 (23-2601)General Fund PRCSA Administration- Building Improvements $123,430 APPROPRIATION ADJUSTMENT 2025-26 02213200-66200 (23-2601) PRCSA Fees & Donations Fund PRCSA Fees & Donations-Building Improvements $166,000 2025-26 31313260-66200 (23-2601) Acquisition & Development- District 3 Acquisition & Development-Building Improvements $750,000 TOTAL $4,454,082 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Agreement for Construction Management & Inspection Services 5. Environmental Determination 6. Capital Improvement Project Worksheet Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 21 – 8 9/16/2025 PWA SANTA ANA PUBLIC WORKS AGENCY Project No. 23-2601 Santa Ana Zoo Education Hub Building A – Phase 1 Exhibit 1 LEGEND: - PROJECT LIMITS STANDARD AVE2ND ST City Council 21 – 9 9/16/2025 EXHIBIT 2 City Council 21 – 10 9/16/2025 City Council 21 – 11 9/16/2025 EXHIBIT 3 City Council 21 – 12 9/16/2025 City Council 21 – 13 9/16/2025 Rodolfo Rosas Digitally signed by Rodolfo Rosas Date: 2025.08.28 11:28:37 -07'00' City Council 21 – 14 9/16/2025 Page 1 of 11 CONSULTANT AGREEMENT WITH BERG & ASSOCIATES, INC. TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE SANTA ANA ZOO EDUCATION HUB PROJECT THIS AGREEMENT is made and entered into on this 16th day of September, 2025 by and between Berg & Associates, Inc., (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On June 5, 2025, the City issued Request for Proposal (“RFP”) No. 25-077, by which it sought qualified consultants to provide construction management and inspection services for the Santa Ana Zoo Education Hub Project. B.Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work which was included in RFP 25-077. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Services which was included with RFP 25-077, attached hereto as Exhibit A and incorporated by reference, as well as Consultant’s Proposal Response, which is attached as Exhibit B and incorporated by reference. 2.COMPENSATION a.City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed $374,315, including any extension periods. b.Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. EXHIBIT 4 City Council 21 – 15 9/16/2025 Page 2 of 11 3. TERM This Agreement shall commence on the 16th of September, 2025 for a three-year term, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two additional one-year periods upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. City Council 21 – 16 9/16/2025 Page 3 of 11 7.INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement, and for 5 years thereafter, against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1.Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2.Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. 3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. 4.Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Insurance provided under this Agreement shall not contain any restrictions or limitations which are inconsistent with City’s rights under this Agreement. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1.City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2.Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for City Council 21 – 17 9/16/2025 Page 4 of 11 losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Ed Torres, 20 Civic Center Plaza., M-22, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all City Council 21 – 18 9/16/2025 Page 5 of 11 policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Sub-Contractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement at any time and obtain damages from Consultant resulting from said breach. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION City Council 21 – 19 9/16/2025 Page 6 of 11 Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11.CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12.CONFLICT OF INTEREST CLAUSE a.Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b.No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment City Council 21 – 20 9/16/2025 Page 7 of 11 thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c.The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d.The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e.Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 13.NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. City Council 21 – 21 9/16/2025 Page 8 of 11 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of City Council 21 – 22 9/16/2025 Page 9 of 11 Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Berg & Associates, Inc. Attn: Alicia Berg, Vice President 302 W. 5th Street, Suite 210 San Pedro, CA 90731 City Council 21 – 23 9/16/2025 Page 10 of 11 21.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City Council 21 – 24 9/16/2025 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nuñez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney B y: Kyle Nellesen Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency By: Title: Alicia M. Berg Vice President Rodolfo Rosas Digitally signed by Rodolfo Rosas Date: 2025.08.28 11:31:20 -07'00' City Council 21 – 25 9/16/2025 EXHIBIT 5 City Council 21 – 26 9/16/2025 City of Santa Ana Quality Assurance Program 2020 Page 2 TABLE OF CONTENTS I. INTRODUCTION ....................................................................................................................3 II. PURPOSE .................................................................................................................................3 III. DEFINITION OF TERMS .......................................................................................................3 IV. CERTIFICATE OF PERSONNEL ...........................................................................................4 V. MANUFACTURED AND ASSEMBLED MATERIALS .......................................................5 VI. ACCEPTANCE TESTING AND SAMPLING ........................................................................5 VII. SOURCE INSPECTION ..........................................................................................................5 VIII. REPORTING TEST RESULTS TO RESIDENT ENGINEER ................................................6 IX. INDEPENDENT ASSURANCE PROGRAM ..........................................................................6 X. QUALITY ASSURANCE PROCEDURE DOCUMENTATION AND RECORDS ..............7 XI. MINOR QUANTITIES OF CONSTRUCTION MATERIALS WITHOUT TESTING .........7 XII. ASPHALT CONCRETE PAVEMENT .....................................................................................8 XIII. LIST OF EXHIBITS .................................................................................................................9 City Council 21 – 27 9/16/2025 City of Santa Ana Quality Assurance Program 2020 Page 3 I. INTRODUCTION A Quality Assurance Program (QAP) consists of an Acceptance Program and an Independent Assurance (IA) Program that will provide assurance that the materials and workmanship incorporated into a construction project are in conformance with the contract specifications. A QAP should be updated as needed, and at least once every five years. There are no federal QAP regulations for local agency administered Federal-aid projects off the National Highway System (NHS). However, to ensure that a local agency is a good steward of public funds and to ensure that the materials and workmanship incorporated in a construction project are in conformance with the contract specifications, the use of a QAP is essential. Consequently, Caltrans has included the requirement in the Local Assistance Procedures Manual that every local agency receiving funds for a Federal-aid transportation project must have a QAP. This manual provides guidelines that local agencies can use to develop a QAP for all Federal-aid projects off the State Highway System (SHS) which would include agency transportation projects off the NHS and the essential connecting roads on the NHS that are off the SHS. II. PURPOSE The purpose of this program is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications. This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. To accomplish this purpose, the following terms and definitions will be used: III. DEFINITION OF TERMS Acceptance Testing (AT) - Sampling and testing, or inspection, to determine the degree of compliance with contract requirements. Independent Assurance Program (IAP) - Verification that AT is being performed correctly by qualified testers and laboratories. Quality Assurance Program (QAP) - A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are the AT, and IAP. Source Inspection - AT of manufactured and prefabricated materials at locations other that the job site, generally at the manufactured location. In order to ensure that the materials and workmanship incorporated in each state and federally- funded project are in conformance with the contract specifications, the City of Santa Ana shall apply the following procedures: City Council 21 – 28 9/16/2025 City of Santa Ana Quality Assurance Program 2020 Page 4 IV. CERTIFICATE OF PERSONNEL Acceptance sampling and testing shall be performed by personnel of either the County of Orange's Materials Testing Laboratory or a private testing laboratory selected by the City. The personnel who will conduct the sampling and testing must be certified. They can be certified by Caltrans' District Materials Engineer, The National Institute for Certification in Engineer Technologies, or other authority acceptable by the Resident Engineer of the City of Santa Ana (Resident Engineer) to be proficient in acceptance sampling and testing. The personnel shall possess a current certificate of proficiency. A copy of each person's certificate must be on file in both Caltrans' District Materials Laboratory and in the Resident Engineer's office. The certificate shall list the sampling and testing which the individual is authorized to perform. The laboratory for the project must be under the responsible engineering management of a registered professional engineer with experience in inspection and testing of construction materials. This engineer must certify the results of all tests performed by the lab personnel under his/her supervision. Standard Specifications for Public Works Construction (Green Book) are used for all City projects. According to Section 4-1.3.3, the City shall select a testing laboratory to sample and test materials at locations too distant for the local testing lab to conduct testing and sampling. Depending on terms of the contract, the costs may be borne by the contractor but the contractor shall not select or exercise authority over this testing laboratory. Acceptance testers from either the Orange County Materials Testing Laboratory or a private testing laboratory shall carry adequate identification with them so that the Independent Assurance testing personnel can verify the acceptance testers' certificates. The City will obtain services from the County of Orange's and the private testing laboratories only after they show evidence that they meet the following criteria: 1. Correlation Testing Program: the materials laboratory shall be a participant in one or more of the following testing programs: a. AASHTO Materials Reference Laboratory (ARML) b. Cement and Concrete Reference Laboratory (CCRL) c. Caltrans' Reference Samples Program (RSP) 2. These testing laboratories are to maintain laboratory testing equipment in accordance with recognized national standards. 3. All their sampling and testing personnel used on the City projects are certified as described above. 4. They have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling or by another quality assurance organization. City Council 21 – 29 9/16/2025 City of Santa Ana Quality Assurance Program 2020 Page 5 V. MANUFACTURED AND ASSEMBLED MATERIALS The City shall accept manufactured or prefabricated structural materials based on either a Certificate of Compliance or/and source inspection by the City, Caltrans or a qualified private testing laboratory. Guidelines from Caltrans shall be used to determine which materials can be accepted based on certificates of compliance. The Resident Engineer shall ensure that a Certificate of Compliance is furnished with each lot of materials to be delivered to the site and that lot numbers and the project number be clearly identified on the certificate and on lot tags affixed or stenciled to the released materials. The certificates shall be signed by the manufacturer to certify that the materials and workmanship are in compliance with the project specifications. The project inspector's daily report shall make reference for all materials accepted on the basis of a signed Certificate of Compliance. Materials accepted on the basis of a Certificate of Compliance may be tested later. Items found not in compliance with contract requirements may be subject to rejection. A Certificate of Compliance for each item shall be kept in the Resident Engineer's file. Exhibits 16-T1 and 16-T2, attached, list materials requiring a Certificate of Compliance. VI. ACCEPTANCE TESTING AND SAMPLING The City, through its selected testing laboratory, shall conduct acceptance sampling and testing of materials and work on the first day such work is performed and continues daily until the work is completed. The Resident Engineer or the designated construction inspector shall maintain a material and testing "Summary Log", which shall include location and depth of samples, quantity of sample material, name of the tester, test results and retest result of the previously failed samples with cross reference numbers. The Frequency Tables can be used as guidelines for these tests. The selected testing laboratory which will conduct Acceptance Testing (AT) shall have and maintain current Caltrans Accreditation throughout the duration of contract. VII. SOURCE INSPECTION When the County of Orange and the private laboratories can't provide source inspection for the City, the City may request the assistance from Caltrans Office of Materials Engineering and Testing Services to provide the above mentioned inspections. The request shall be made sufficiently in advance and shall comply with the following: 1. Submit Request for Source Inspection (Exhibit 16-W) to Caltrans' District Local Assistance Engineer (DLAE) 30 days prior to submitting the "Request for Authorization to Proceed with Construction." City Council 21 – 30 9/16/2025 City of Santa Ana Quality Assurance Program 2020 Page 6 2. DLAE notifies the City of the status of the above mentioned request and gives the City the EA (Expenditure Authorization) number and the estimated costs, if the City's request is accepted. 3. The City sends in the "Request for Authorization to Proceed with Construction," "Local Program Agreement Checklist" and "Finance Letter" to DLAE. 4. The City shall pay advance deposit to cover the estimated costs of the source inspection. 5. EA number will be shown on the bill. 6. Upon receiving them, the City shall execute the Program Supplement (PS) agreement and (LPA). 7. After award of the construction contract, the Resident Engineer is to complete the top portion of Form CEM-3101, Notice of Materials to be Used, and have the contractor complete the bottom portion of the form. The Resident Engineer shall send a cover memo (Exhibit 16-W), the Form CEM-3101, and one set of PS&E to Caltrans' District Materials Engineer. VIII. REPORTING TEST RESULTS TO RESIDENT ENGINEER When aggregate is sampled in the material source, results of sand equivalent, cleanness value and sieve analysis should be submitted within 24 hours. When soils and aggregate are sampled at the job site, results of these tests should be submitted within 72 hours. Compaction and density tests taken at the job site should be submitted within 24 hours. When soils and asphalt concrete are sampled at the job site, R value and asphalt extraction should be submitted in 96 hours. IX. INDEPENDENT ASSURANCE PROGRAM The Independent Assurance Program (IAP) includes, but is not limited to: a. Verifying the equipment used for acceptance testing is properly calibrated and in good working condition. Records of equipment calibrations should be kept with the equipment. b. Witnessing sampling and testing by the acceptance tester. c. Performing corroboration testing by the acceptance tester and impendent assurance personnel. d. A written procedure for dispute resolution. IAP services shall be provided by Caltrans. City Council 21 – 31 9/16/2025 City of Santa Ana Quality Assurance Program 2020 Page 7 X. QUALITY ASSURANCE PROCEDURE DOCUMENTATION AND RECORDS All material records of samples, tests, material releases and certificate of compliance for the project shall be part of the project file to be kept in one location. These records shall be kept in the City's central file office at least for three years and shall be available to be reviewed by Caltrans FHWA personnel at any time. Upon completion of the project, the Resident Engineer shall complete a Materials Certificate, Exhibit 17-G, incorporate this Certificate in the Report of Expenditure and send both to Caltrans District Director, Attention: District Local Assistant Engineer. A copy of this Certificate shall be included in the construction records. All materials used in the project which did not conform to the specifications must be justified and explained on the Materials Certificate, including the contract change order(s) that has been executed to reconcile the non-compliance. XI. MINOR QUANTITIES OF CONSTRUCTION MATERIALS WITHOUT TESTING The Resident Engineer may accept minor quantities of construction materials without testing, provided the following conditions are met: 1. The supplier has recently furnished similar materials found to be satisfactory using normal testing and sampling. Visual examination indicates the material is acceptable. 2. A certification is by the manufacturer indicating the material is in compliance with the specifications. To accept minor quantities of materials as described above, the project inspector shall submit a report indicating conditions under which the materials are accepted, including quantity, location where placed, certification number, visual inspection record and other relevant data. This report shall be filed with other project documents. The following list suggests maximum quantities of materials may be accepted without testing: 1. Aggregate - other than for use in Portland Cement Concrete, not to exceed 100 tons per day nor more than 500 tons per project. 2. Bituminous Mixtures - not to exceed 50 tons per day except in major street intersections, quantity shall be increased to 300 tons. Sampled at Resident Engineer's discretion if project total is less than 500 tons. 3. Bituminous Materials - not to exceed 100 gallons per day. 4. Paint - not to exceed 20 gallons per project. 5. Masonry Items - check dimensions of products and uniformity of manufacture. 6. Non-Reinforced or Clay Pipes - no more than 100 linear feet. City Council 21 – 32 9/16/2025 City of Santa Ana Quality Assurance Program 2020 Page 8 For typical projects, of size and quantities, in the City of Santa Ana the following "Frequency Table" shall be the material sampling and testing minimum standards. A final, bound/stamped, laboratory report is to be supplies to the Resident Engineer and retained in the project records. XII. ASPHALT CONCRETE PAVEMENT Plant inspection for daily quantities of 500 tons or more. o One per project minimum. Test Required: o Aggregate prior to mixing, per 1000 tons % crushed particles Sieve analysis Sand equivalent o Combined Mixture, per 1000 tons Stabilometer Asphalt oil content Maximum density In-place density o Liquid Asphalt Certificate of Compliance Field Compaction: o Tests shall be at 200' to 400' intervals in each lane paved. Tests shall be taken in each layer placed. City Council 21 – 33 9/16/2025 City of Santa Ana Quality Assurance Program 2020 Page 9 XIII. LIST OF EXHIBITS Exhibit 16-D (Certificate of Proficiency) Exhibit 16-G (Form MR-0104, Corroboration Report) Exhibit 16-H (Form MR-0110, Independent Assurance Sampling and Testing Log Summary) Exhibit 16-I (Form CEM-3101, Notice of Materials to be Used) Exhibit 16-K (Form MR-0029, Report of Inspection of Material) Exhibit 16-R (Size, Frequency and Location of Sampling and Testing Tables) Exhibit 16-S (Caltrans Test Method - ASTM Test method Conversion Chart) Exhibit 16-T1 (Materials Requiring a Certificate of Compliance per Caltrans Standard Specs) Exhibit 16-T2 (Materials Requiring a Certificate of Compliance per the Greenbook) Exhibit 16-W (Source Inspection Request to TransLab) Exhibit 16-Z2 (Acceptance Testing Results Summary Log) Exhibit 17-G (Materials Certificate) Exhibit W (Organization of Project Files) Orange County Public Works Quality Assurance Plan City Council 21 – 34 9/16/2025 Local Assistance Procedure Manual Exhibit 16-D Certidicate of Proficiency January 2018 Page 1 of 1 CALIFORNIA DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROFICIENCY In the Sampling and Testing of Construction Materials This certifies that is qualified to perform the following tests: CALIFORNIA TEST DATE CERTIFIED BY DATE RENEWED BY 202 Sieve Analysis 217 Sand Equivalent 226 Moisture Content 227 Cleanness Value 229 Durability Index 231 Relative Compaction-Nuclear 375 Relative Compaction of AC 379 Asphalt Content-Nuclear 504 Air entertainment in PCC 518 Unit Weight-PCC 523 Flexural Strength of PCC-Beams 533 Kelly Ball penetration-PCC 539 Sampling Fresh Concrete 540 Fabricating PCC Cylinders District Materials Engineer IAST Certificate # Certification expires three years from above dates. Note: This certificate is valid as long as the Acceptance Tester complies with the applicable requirements of the Caltrans Quality Assurance Program Manual for use by Local Agencies, December 2008 THIS FORM IS TO BE ON FILE AT THE DISTRICT MATERIALS LAB AND CONSTRUCTION OFFICES. A COPY OF THE MASTER LIST SHALL BE KEPT IN THE RESIDENT ENGINEERS PROJECT FILE. MR - 0111 (1/93) (Old HC-1) City Council 21 – 35 9/16/2025 City Council 21 – 36 9/16/2025 City Council 21 – 37 9/16/2025 City Council 21 – 38 9/16/2025 City Council 21 – 39 9/16/2025 City Council 21 – 40 9/16/2025 Local Assistance Procedures Manual Exhibit 16-R Sampling and Testing Frequency Exhibit 16-R Sampling and Testing Frequency Table for projects OFF the SHS Sample for Local Agency QAPs Sampling and Testing Frequency Table for projects OFF the SHS. HOT MIX ASPHALT (HMA) / ASPHALT CONCRETE (AC) Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling Aggregate Gradation (Sieve) CT 202 1 Per 1000 Tons or Part Thereof ; Minimum 1 per day during At Plant Per CT 125 (a) Sand Equivalent CT 217 Asphalt Binder Content CT 382 production/placement of at least 300 tons per day. Loose Mix Behind Paver Per CT 125 In-Place Density and Relative Nuclear (b) 1 Per 1000 Tons or Part Thereof ; Minimum 1 per day during production/placement of at least 300 tons per day. (b) Random Locations Per CT 375 (c Compaction (Nuclear ) CT 375 or ASTM D2950 (c Theoretical Maximum Specific Gravity and Density (Rice) CT 309 1 Per Day During Production/Placement of At Least 300 Tons Per Day Loose Mix Behind Paver Per CT 125 HMA Moisture Content CT 226 or CT 370 Stabilometer Value (d) CT 366 Asphalt Binder Sample per Section 92 Sample 1 min. per day for production over 300 tons per day; See (f) regarding testing. At Plant Per CT 125 Smoothness 12-foot Straightedge As necessary to confirm contract compliance. Final Pavement Surface (a) Exact tonnage of sample location to be determined by Random Sampling Plans (b) Compaction determined by Neclear Density Device. Core testing required if compaction fails the neclear test (c) Correlation between core densities and nuclear device required only if compaction fails the nuclear test (d) Report the average of 3 tested briquettes from a single split source (e) Use CT 309 to determine maximum theoretical density in lieu of CT 367 calculated maximum theoretical density (f) No testing required unless warranted by concern ; sample and store until completion of project January 2018 Page 1 of 3 City Council 21 – 41 9/16/2025 Local Assistance Procedures Manual Exhibit 16-R Sampling and Testing Frequency SUBGRADE (DISTURBED BASEMENT SOIL) OR EMBANKMENT Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling Maximum Density and Relative Compaction CT 216/CT 231 1 Min. Test per 5000 sq ft under vehicle traveled way and shoulder 1 Min. Test Per 300 linear foot under sidewalk Random locations as determined by the Engineer in place after compaction. AGGREGATE BASES AND SUBBASES, IMPORTED BORROW Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling Sample from site stockpile/plant prior to placement. Sieve Analysis CT 202 1 Min. Test Per Material Source R-Value CT 301 Sand Equivalent CT 217 Maximum Density and Relative Compaction CT 216/CT 231 1 Min. Test per 5000 sq ft Random locations as determined by the Engineer in place after compaction. STRUCTURE BACKFILL, SELECT BACKFILL Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling Sieve Analysis CT 202 1 Min. Test Per Material Source Sample from site stockpile/plant prior to placement R-Value CT 301 Sand Equivalent CT 217 Maximum Density and Relative Compaction CT 216/CT 231 1 Min. Test Per 2 Vertical Lifts of Placement Random locations as determined by the Engineer in place after compaction. January 2018 Page 2 of 3 City Council 21 – 42 9/16/2025 Local Assistance Procedures Manual Exhibit 16-R Sampling and Testing Frequency Quality Characteristic Minimum Sampling and Testing Frequency Quality Characteristic Minimum Sampling and Testing Frequency Test Method Location/Time of Sampling Test Method Location/Time of Sampling Quality Characteristic Minimum Sampling and Testing Frequency PORTLAND CEMENT CONCRETE (PCC) - STRUCTURAL AND SIGNAL/LIGHTING FOUNDATIONS COARSE AGGREGATE Sieve Analysis CT 202 Sample from site stockpile/plant prior 1 min. test per 500 cu yds and per each material source ; 1 min. test on to placement smaller projects; If bridge, 1 min. set per separate pour per Cleanness Value CT 227 abutment/pier/deck. FINE AGGREGATE Sieve Analysis CT 202 Sample from site stockpile/plant prior 1 min. test per 500 cu yds and per each material source ; 1 min. test on to placement smaller projects; If bridge, 1 min. set per separate pour per Sand Equivalent CT 217 abutment/pier/deck. WET MIX Test Method Location/Time of Sampling Slump/Penetration CT 533 2 per day Sample from truck/work site 1 min. set of 3 per day; If bridge, 1 min. set per separate pour of Cylinders CT 539/540 abutment/pier/deck. January 2018 Page 3 of 3 City Council 21 – 43 9/16/2025 CALTRANS TEST METHOD - ASTM TEST METHOD CONVERSION CHART Testing Procedures - for local agency use only Use this CTM - ASTM conversion chart to assist you in determining acceptance test requirements and frequencies, as detailed in Caltrans Construction Manual Chapter 6, Refer to the Agency, special provisions, contract plans, and applicable standard specifications, for correct sampling and test methods (ASTM-CTM). CTM ASTM Book of Standar TEST PROCEDURE NOTE S 105 Calculations Pertaining to Gradings and Specific Gravities 2 125 Sampling Highway Materials (when approved) D75 4.02 Standard Practice for Sampling Aggregates 3 D979 4.03 Practice for Sampling Bituminous Paving Mixtures 3 201 Soil & Aggregate Sample Preparation C702 4.02 Reducing Field Samples of Aggregate to Testing Size 13 202 Sieve Analysis of Fine and Coarse Aggregate C136 4.02 Sieve Analysis of Fine and Coarse Aggregate C117 4.03 Material Finer Than 75-um (#200) Sieve in Mineral Aggregates by Washing 205 Percentage of Crushed Particles 1 206 Specific Gravity and Absorption of Coarse Aggregate C127 4.02 Specific Gravity and Absorption of Coarse Aggregate 207 Specific Gravity and Absorption, Fine Aggregate C128 4.02 Specific Gravity and Absorption, Fine Aggregate 208 Apparent Specific Gravity of Fine Aggregate 1 211 Abrasion of Coarse Aggregate by Use of the Los Angeles Rattler Machine C131 4.02 Resistance to Degradation , Small-Size Coarse Agg. by Abrasion & Impact, L.A. Machine 213 Organic Impurities in Concrete Sand C40 4.02 Organic Impurities in Fine Aggregate for Concrete 214 Soundness of Aggregates by Use of Sodium Sulfate 1 C88 4.02 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate 216 Relative Compaction of Untreated and Treated, Soils & Aggregates D1556 4.08 Density of Soil In-place by the Sand Cone Method D1557 4.08 Moisture-Density Relations of Soils & Soil-Agg. Mixtures, 10-lb. Rammer, 18-in 11 217 Sand Equivalent (only authorized method per Caltrans 07, District Materials 1,9 223 Surface Moisture in Concrete Aggregate 1 226 Moisture Content in Soils by Oven Drying C566 4.02 Total Moisture Content of Aggregate by Drying 227 Evaluating Cleanness of Coarse Aggregate 1 229 Durability Index 1 D3744 4.03 Aggregate Durability Index 231 Relative Compaction of Soils by the Area Concept Utilizing Nuclear Gages 4 D2922 4.08 Density of Soil & Soil-Aggregate In-place by the Nuclear Method 4 City Council 21 – 44 9/16/2025 CTM - ASTM Testing Procedures - for local agency use only Use this CTM - ASTM conversion chart to assist you in determining acceptance test requirements and frequencies, as detailed in Caltrans Construction Manual Chapter 6, Refer to the Agency, special provisions, contract plans, and applicable standard specifications, for correct sampling and test methods (ASTM-CTM). CTM ASTM Book of Standards TEST PROCEDURE NOTES 301 R-Value of Treated & Untreated, Bases, Subbases & Basement Soils 1 D2844 4.08 R-Value and Expansion Pressure of Compacted Soils 302 Film Stripping D1664 4.03 Coating and Stripping of Bitumen-Aggregate Mixtures 303 Centrifuge Kerosene Equivalent 1 304 Preparation of Bituminous Mixtures for Testing 1 D1561 4.03 Prep. of Bituminous Mixture Test Specimens by Means of Calif. Kneading Compactor 305 Swell of Bituminous Mixtures 1 307 Moisture Vapor Susceptibility of Bituminous Mixtures 1 308 Bulk Specific Gravity and Weight Per Cubic Foot of Bituminous Mixtures D1188 4.03 Bulk Sp.G. and Density of Compacted Bituminous Mixtures, Paraffin- Coated Specimens 310 Asphalt and Moisture Contents of Bituminous Mixtures by Hot Solvent 5 D2172 4.03 Extraction of Bitumen from Bituminous Paving Mixtures (Method A, B, or C) 6,10 312 Design and Testing of Class and Cement Treated Base 1 338 Cement or Lime Content in Treated Aggregate by the Titration Method 1 339 Determination of Distributor Spread Rate D2995 4.03 Determining Application Rate of Bituminous Distributors 362 Asphalt Content of Bituminous Mixtures by Vacuum Extraction 5 D2172 4.03 Quantitative Extraction of Bitumen from Bituminous Paving Mixtures 6 366 Stabilometer Value 1 367 Recommending Optimum Bitumen Content (OBC.) 1 370 Determining Moisture Content of Asphalt Mixtures or Mineral Agg., Microwave Ovens D4643 4.08 Determination of Water (Moisture) Content of Soil by the Microwave Oven 375 In-place Density & Relative Compaction of AC Pavement (nuclear) 5,7,12 D2950 4.03 Density of Bituminous Concrete In-place by the Nuclear Method 6,7 379 Asphalt Content of Bituminous Mixtures by use of the Troxler Nuclear Gage 5,8 D4125 4.03 Asphalt Content of Bituminous Mixtures by the Nuclear Method 6,8 405 Chemical Analysis of Water 1 415 Chloride Content in Organic Additives for Portland Cement Concrete 1 City Council 21 – 45 9/16/2025 CTM - ASTM Testing Procedures - for local agency use only Use this CTM - ASTM conversion chart to assist you in determining acceptance test requirements and frequencies, as detailed in Caltrans Construction Manual Chapter 6, Refer to the Agency, special provisions, contract plans, and applicable standard specifications, for correct sampling and test methods (ASTM-CTM). CTM ASTM Book of Standard s TEST PROCEDURE NOTES 504 Air Content of Freshly Mixed Concrete by the Pressure Method C231 4.02 Air Content of Freshly Mixed Concrete by the Pressure Method 515 Relative Mortar Strength of Portland Cement Concrete Sand 1 518 Unit Weight of Fresh Concrete C138 4.02 Unit Weight, Yield, and Air Content (Gravimetric) of Concrete 521 Compressive Strength of Molded Concrete Cylinders C39 4.02 Compressive Strength of Cylindrical Concrete Specimens 523 Flexural Strength of Concrete (using simple beam with center-point loading) 1 C293 4.02 Flexural Strength of Concrete (using simple beam with center-point loading) C78 4.02 Flexural Strength of Concrete (using simple beam with third-point loading) 528 Freeze Thaw Resistance of Aggregates in Air-Entrained Concrete 1 529 Proportions of Coarse Aggregate in Fresh Concrete 1 530 Determining the Effect of H2O-Reducing and Set-Retard. Admix. Drying Shrinkage PCC 1 533 Ball Penetration in Fresh Portland Cement Concrete C360 4.03 Ball Penetration in Fresh Portland Cement Concrete C143 4.02 Slump of Freshly Mixed PCC 539 Sampling Fresh Concrete C172 4.02 Sampling Freshly Mixed Concrete 540 Making, Handling, & Storing Concrete Compressive. Test Specimens in the Field C31 4.02 Making & Curing Concrete Test Specimens in the Field 541 Flow of Grout Mixtures (flow cone method) 1 543 Air Content of Freshly Mixed Concrete by the Volumetric Method C173 4.02 Air Content of Freshly Mixed Concrete by the Volumetric Method 548 Evaluation of Aggregate for Lean Concrete Base (LCB.) 1 City Council 21 – 46 9/16/2025 Notes Use the CALTRANS Method. Use the methods of calculation within the applicable test method first. Refer to CTM 105 as necessary. Use the Caltrans Construction Manual procedures as necessary when ASTM D75 or D979 do not adequately cover the item to be sampled. Use the direct transmission method only, the air gap method shall not be used. All nuclear gages must have local Caltrans District calibration within the last year. The data sheets provided by the local Caltrans District shall be used when determining the in- place density. Sample from the job site, across the mat, immediately behind the paving machine (Caltrans Construction Manual). Sample per ASTM D 979 paragraph 4.2.3., sample from the job site, across the mat, immediately behind the paving machine. All nuclear gages used for this test must be calibrated on the six (6) DNTM&R AC Standard Blocks. The Data sheets provided by the local Caltrans District shall be used when determining the in-place density. Recommended Percent (%) AC method for Rubberized Bituminous Paving mixtures. The hand method of shaking is not authorized and shall not be used. An electro- mechanical or hand- operated mechanical. Sand Equivalent shaker must be utilized for this test. This Method covers hot solvent, centrifuge, and vacuum extraction. Compaction Apparatus shall be calibrated in accordance with ASTM D 2168, Method B (ASTM Book 4.08). Test Maximum Density (TMD) shall be performed by Caltrans Test Method 375, Section F. Test Max. Density. Splitters must be of the fixed riffle type (no adjustable splitters). City Council 21 – 47 9/16/2025 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (1 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Asphalt Asphaltic emulsion Certificate of compliance must include the following: 1. Shipment number and shipment date. 2. Source refinery, consignee, and destination. 3. Type and description of material with specific gravity and quantity. 4. Contract or purchase order number. 5. Signature by the manufacturer of the material and a statement that the material complies with the contract. Asbestos cement pipe Asbestos sheet packing Asphalt modifier Test results required with each truck load. Asphalt rubber joint sealant A certified test report of the results for the required tests performed within 12 months before the proposed use. Backer rods Must include manufacturer’s statement of compatibility with the joint sealant to be used. Barbed Wire Blast cleaning material Bonding Material Brick Cable-type restrainers Lock nuts Certificate of compliance must be submitted with a copy of each required test report. Cast iron pipe Cast iron manhole rings and covers Chemical adhesive for bonding tie bars and dowel bars in concrete pavement Chemical adhesive for structures Certificate of compliance must state compliance with ICBO AC 58 and Caltrans. Augmentation/Revisions to ICBO AC 58. Concrete Admixture Certificate of compliance from the manufacturer must certify that the admixture furnished is the same as that previously authorized or the authorized materials list. Concrete Cementitious material Certificate of compliance must include the source name and location. If the cementitious material is delivered directly to the job site, the certificate of compliance must be signed by the cementitious material supplier. If the cementitious material is used in ready-mixed concrete, the certificate of compliance must be signed by the concrete manufacturer. If blended cement is used, the certificate of compliance must include a statement signed by the blended cement supplier that shows the actual percentage of SCM, by weight, in the blend. Concrete Curing compound Certificate of compliance must include: 1. Test results for the tests specified in Section 90-1.01D(6) [90-7.01B] of the Standard Specifications. 2. Certification that the material was tested within 12 months before use. Concrete Minor concrete Before placing minor concrete from a source not previously used on the contract, a certificate of compliance stating that the minor concrete to be furnished complies with the contract requirements, including the specified minimum cementitious material content. Ceramic tile Chain link fencing and railing Certificate required for protective coating system. Concrete anchorage devices Page 1 of 7 January 2020 City Council 21 – 48 9/16/2025 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (2 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Concrete pipe Circular reinforced direct design method Certificate of compliance must: 1. Be signed by the manufacturer's quality control representative. 2. State that all materials and workmanship comply with the specifications and authorized shop drawings. Copper pipe Corrugated metal pipe Crack sealant Certificate of compliance must include: 1. Manufacturer's name 2. Production location 3. Product brand or trade name 4. Product designation 5. Batch or lot number 6. Crack treatment material type 7. Contractor or subcontractor name 8. Contract number 9. Lot size 10. Shipment date 11. Manufacturer's signature Crash cushions Crumb rubber modifier Test results required with each truck load. Culvert markers Delineators Certificate of compliance required for: 1. Metal target plates 2. Enamel coating 3. Retroreflective sheeting Dowel bar baskets Drop inlet grates and frames Drain tile Drip irrigation line Elastomeric Bearing Pads Plain Certified test results for the elastomer. Elastomeric Bearing Pads Steel-reinforced Certified test results. Electrical Battery back-up system Certificates of compliance is required for: External cabinet Batteries Electrical Conductor Electrical Conduit (galvanized and plastic) Electrical Equipment Electrical Pull boxes (concrete and plastic) Electrical Service cabinets Page 2 of 7 January 2020 City Council 21 – 49 9/16/2025 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (3 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Erosion control Certificate of compliance is required for: Straw Fiber RECP Fasteners Certificate of compliance with attachments are required for: Tackifier Bonded fiber matrix Polymer-stabilized fiber matrix Certificates of compliance attachments include: 1. Material Safety Data Sheet. 2. Product label. 3. List of applicable nonvisible pollutant indicators for soil amendment and stabilization products as shown in the table titled "Pollutant Testing Guidance Table" in the Caltrans Construction Site Monitoring Program Guidance Manual. 4. Report of acute and chronic toxicity tests on aquatic organisms conforming to EPA methods. 5. List of ingredients, including chemical formulation. 6. Properties of polyacrylamide in tackifier including (1) percent purity by weight, (2) percent active content, (3) average molecular weight, and (4) charge density. Epoxy Epoxy powder coating for dowel bars and tie bars Expansion joint filler Fiberglass pipe Certificate of compliance must be submitted with laboratory test results. Gabions If PVC coating is shown, a suitable UV resistance additive must be blended with the PVC and the additive must be shown on the certificate of compliance. Geocomposite drain Certificate of compliance must certify that the drain produces the specified flow rate. The certificate must be accompanied by a flow capability graph for the geocomposite drain showing flow rates and the externally applied pressures and hydraulic gradients. Verification must be by an authorized laboratory for the flow capability graph. Geosynthetics Test sample representing each lot and minimum average roll value. Glass beads Glue laminated timbers and decking Guide markers Irrigation hose Irrigation pipe Certificate of compliance required for: Polyethylene pipe. Plastic pipe supply line for pipe with wall thickness of the bell less than the specified minimum wall thickness of the pipe. Joint filler material Joint seals (Type A and AL) Certified test report for each batch of sealant. Page 3 of 7 January 2020 City Council 21 – 50 9/16/2025 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (4 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Joint seal (Type B) Certificate of compliance required for: Elastomeric joint seal Lubricant-adhesive Certificate of compliance must be submitted with certified test report for each lot of elastomeric joint seal and lubricant-adhesive. Test reports must include the seal movement rating, the manufacturer's minimum uncompressed width, and test results. Joint seal assemblies with a movement rating of 4 inches or less For alternative joint seal assemblies, a certificate of compliance must be submitted for each shipment of joint seal materials. The certificate must state that the materials and fabrication involved comply with the specifications and the data submitted in obtaining the authorization for the alternative joint seal assembly. Joint seal assemblies with a movement rating over 4 inches Lime Certificate of compliance must include a statement certifying the lime furnished is the same as on the authorized material source list. Machine spiral wound PVC pipeliners Certificate of compliance for each reel of PVC strip must include: 1. Name of manufacturer 2. Plant location 3. Date of manufacture and shift 4. Cell classification 5. Unit mass 6. Average pipeliner stiffness and profile type Markers Certificate of compliance required for: 1. Metal target plates 2. Enamel coating 3. Retroreflective sheeting Masonry block Certificate of compliance required for: 1. Concrete masonry units 2. Aggregate for grout 3. Grout Micro surfacing emulsion Mulch Open steel flooring and grating Overside drains Certificate of compliance based on steel materials, aluminum materials or plastic materials. Parking area seal material Pavement markers Pavement marking Paint or thermoplastic Plastic lumber Laboratory test report. Plastic traffic drums Plastic pipe for drainage Certificate of compliance must include average pipe stiffness, resin material cell classification, and date of manufacture. For corrugated polyethylene pipe, manufacturer’s copy of plant audits and test results from the National Transportation Products Evaluation Program for the current cycle of testing for each pipe diameter furnished. Portable changeable message sign Precast concrete Cementitious material used in precast concrete products Certificate of compliance must be signed by the precast concrete product manufacturer. Page 4 of 7 January 2020 City Council 21 – 51 9/16/2025 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (5 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Precast concrete Box culverts Certificate of compliance must be signed by the manufacturer's QC representative for each shipment. Precast raised traffic bars Preformed compression seal for concrete pavement Preformed membrane sheet Must include type of sheet and the conditioner or primer application rates. Rapid strength concrete Certificate of compliance is required for each delivery of aggregate, cementitious material, and admixtures used for calibration tests. The certificate of compliance must state that the source of the materials used for the calibration tests is the same source as to be used for the planned work. Reinforcement You may request that the contractor submits with certificate of compliance: 1. Copy of the certified mill test report for each heat and size of reinforcing steel showing physical and chemical analysis. 2. Two copies of a list of all reinforcement before starting reinforcement placement. Reinforcement Epoxy-coated Certificate of compliance for each shipment of epoxy-coated reinforcement must be submitted with: 1. Certification that the coated reinforcement complies with ASTM A 775/A 775M for bar reinforcement or ASTM A 884/A 884M, Class A, Type 1, for wire reinforcement 2. All certifications specified in ASTM A 775/A 775M for bar reinforcement or ASTM A 884/A 884M for wire reinforcement. Reinforcement Epoxy-coated prefabricated reinforcement Certificate of compliance for each shipment of epoxy-coated prefabricated reinforcement must be submitted with: 1. Certification that the coated reinforcement complies with ASTM A 934/A 934M for bar reinforcement or ASTM A 884/A 884M Class A, Type 2 for wire reinforcement. 2. All certifications specified in ASTM A 934/A 934M for bar reinforcement or ASTM A 884/A 884M for wire reinforcement. Reinforcement Epoxy-coating patching materials Certificate of compliance for the patching material must include certification that the patching material is compatible with the epoxy powder to be used. Reinforcement Headed bar Certificate of compliance for each shipment of headed bar reinforcement must be submitted with: 1. Mill test reports for the: 1.1. Bar reinforcement 1.2. Head material 2. Production test reports 3. Daily production logs Reinforcement Splicing Certificate of compliance for each shipment of splice material must be submitted with: 1. Type or series identification of the splice material, including tracking information for traceability. 2. Grade and size number of reinforcement to be spliced. 3. Statement that the splice material complies with the type of mechanical splice on the authorized material list. 4. For resistance-butt-welded material: 4.1. Heat number 4.2. Lot number 4.3. Mill certificates Page 5 of 7 January 2020 City Council 21 – 52 9/16/2025 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (6 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Sheet metal Sign panels Certificates of compliance required for: 1. Aluminum sheeting 2. Retroreflective sheeting 3. Screened-process colors 4. Nonreflective, opaque, black film 5. Protective-overlay film Silicone joint sealant A certified test report of the results for the required tests performed within 12 months before the proposed use. Slotted edge drain Snow poles Snow plow deflectors polyethylene material Soil amendment Steel crib wall Sheet metal Sign panels Certificates of compliance required for: 1. Aluminum sheeting 2. Retroreflective sheeting 3. Screened-process colors 4. Nonreflective, opaque, black film 5. Protective-overlay film Silicone joint sealant A certified test report of the results for the required tests performed within 12 months before the proposed use. Slotted edge drain Snow poles Snow plow deflectors polyethylene material Soil amendment Steel crib wall Steel pipe piles The certificate of compliance must be signed by the plant's QC representative. The QC representative must be on record with the Department's Office of Structural Materials. certificate of compliance must include: 1. Statement that all materials and workmanship incorporated in the work and all required tests and inspections of this work have been performed as described. 2. Certified mill test reports for each heat number of steel pipe piles being furnished. 3, Test reports for tensile, chemical, and any specified non-destructive test (NDT). 4. Test reports must be based on test samples taken from the base metal, steel, coil or from the manufactured or fabricated piles. 5. Calculated carbon equivalent. The carbon equivalent may be shown on the mill test report. Steel sheet piling Structural plate culverts Certificate of compliance required for: 1. Structural metal plate pipe 2. Arches 3. Pipe arches 4. Metal liner plate pipe Page 6 of 7 January 2020 City Council 21 – 53 9/16/2025 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (7 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Structural shape steel piles Certificate of compliance must include: 1. Test reports for tensile, chemical, and any specified NDT. Test samples must be taken from the base metal, steel, or from the manufactured or fabricated pile. 2. A statement that all materials and workmanship incorporated in the work and all required tests and inspections of this work have been performed as described. Structural composite lumber used in falsework Structural steel thermal spray coat Wire feedstock Styrofoam filler Subsurface drain Temporary concrete washout Certificate of compliance required for: Gravel-filled bag Plastic liner Temporary fence (Type ESA) Certificate of compliance required for: High visibility fabric Safety caps for metal posts Temporary linear sediment barrier Certificate of compliance required for: Fiber roll Safety cap for metal posts Silt fence fabric Sediment filter bag Foam barrier Gravel-filled bag fabric Temporary railing (Type K) Thermoplastic Tie bars Tie bar baskets Timber products (treated and untreated) Certificate of compliance for timber and lumber must state the species of the material to be shipped and include a certified grading report. If treated, certified treating report. Threaded tie bar splice couplers Traffic stripe Paint or thermoplastic Turf sod Underdrains Certificate of compliance required for: Type of pipe Tubing Fitting Waterproofing fabric Waterstop Certificate of compliance for waterstop material must state compliance with paragraph 6 of Army Corps of Engineers CRD-C 572. Welded wire fabric Wire mesh fencing Page 7 of 7 January 2020 City Council 21 – 54 9/16/2025 Local Assistance Procedures Manual Exhibit 16-T2 Materials Requiring a Certificate of Compliance per the Greenbook Greenbook 2018 Materials Requiring a Certificate of Compliance or Certified Test Reports Material Section # Section Title Additional Comments 1 4-5 Certificate of Compliance General Requirements 2 Weighing and Metering Equip. 4-7 Weighing and Metering Equipment Engineer to "approve" prior to operation. 3 Cement 201-1.21 Cement 4 Fly Ash 201-1.2.5.3 Fly Ash Specific language/info required on the COC. Must also submit test data upon request. 5 Pozzolans 201-1.2.5.4 Class N Pozzolans Specific language/info required on the COC. Must also submit test data upon request. 6 Joint Sealant , Type E 201-3.9 Test Report and Certification Specific language/info required on certified test reports. 7 Curing Compound 201--4.3 Test Report and Certification Must submit certified test report upon request. 8 Paving Asphalt 203-1.3 Test Report and Certification Specific language/info required on certified test reports. 9 Liquid Asphalt 203-2.2 Test Report and Certification Specific language/info required on certified test reports. 10 Microsurfacing Emulsion (MSE) 203-3.5 Certificate of Compliance With each load. Must also submit test data upon request. 11 Latex 203-10.2.2 Latex Specific language/info required on the COC. 12 Asphalt Rubber Hot Mix (ARHM) 203-11.2 Materials Must also submit test reports with the COC. 13 Crumb Rubber Modifier (CRM) 203-11.2.3.1 General (Crumb Rubber Modifier) Specific language/info required on the COC. 14 Treated Wood 204-2.4 Quality Control Specific language/info required on the COC. 15 Structural Steel , Rivets, Bolts, Pins 206-1.1.2 Certification Specific language/info required on certified test reports. 16 Gray Iron and Ductile Iron Castings 206-3.4.2.1 General (Tensile Testing) Must also submit test reports with the COC. 17 Gray Cast Iron Castings 206-3.4.2.2 Gray Cast Iron Castings Specific language/info required on the COC and must submit certified test results. 18 Ductile Iron Castings 206-3.4.2.3 Ductile Iron Castings Specific language/info required on the COC and must submit certified test results. 19 Corrugated Steel Pipe, pipe arches. 207-11.2.1 General (Materials) Page 1 of 2 January 2020 City Council 21 – 55 9/16/2025 Local Assistance Procedures Manual Exhibit 16-T2 Materials Requiring a Certificate of Compliance per the Greenbook 20 Structural Steel Products 207-12.2.1 General (Materials) Specific language/info required on the COC. 21 Structural Aluminum Products 207-14.2.1 General (Materials) Specific language/info required on the COC. 22 PVC Pipe 207-17.4.1 General (Test Requirements) 23 PolyPropylene Pipe 207-25.6.1 General (Man. Facility Testing) 24 Materials used in Sewers 211-2 Chemical Resistance (Pickle Jar) Test Specific language/info required on the COC. 25 Viscometer Calibration 211-4.2 Calibration 26 Engineering Geosynthetics 213-1 General (Engineering Geosynthetics) Specific language/info required on the COC. 27 Traffic Paint, Thermo and Markers 214-2 Test Reports And Cert. of Compliance Specific language/info required on certified test reports OR COC 28 Precast Reinforced Concrete Box 216-8 Basis of Acceptance 29 Fiberglass Standards 700-3.3.4 Fiberglass Standards Specific language/info required on the COC and test reports. 30 Conductors for Series Circuits, 5000V 700-4.2.2 Conductors for Series Circuits 31 Conductors and Cable 700-5.3.1 General (Conductors and Cable) 32 Lamp Receptable Conductors 700-5.5.7 Electrical Components COC Required if required information is not marked on the insulation. 33 LED Signal Modules 700-5.5.11.8 Certificate of Compliance 34 LED Pedestrian Signal Module 700-5.6.6.7 Certificate of Compliance Page 2 of 2 January 2020 City Council 21 – 56 9/16/2025 ________________________________________ Source Inspection for Project Name, County (phone #) City Council 21 – 57 9/16/2025 Exhibit 16-Z2 Acceptance Testing Results Summary Log Project Name: __________________________________________________________ Test Method Name: ___________________ Test Method Number: ___________________ Contract Number: _______________________________________________________ Test Number Date Sampled Name of Sampler or Tester Production Test Results Remarks Tester Certification on file? Location (Stations, depths, etc) Production Quantity Represented Required Result Actual Result Pass/Fail Include action taken for any failing test result; note test number of any retest. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1 of 1 January 2018 City Council 21 – 58 9/16/2025 City Council 21 – 59 9/16/2025 City Council 21 – 60 9/16/2025 DAVID DIXON MEMORIAL MATERIALS LABORATORY QUALITY ASSURANCE PLAN AUGUST 2019 1 1 5 2 E . F R U I T S T R E E T S A N T A A N A , C A 9 2 7 0 1 City Council 21 – 61 9/16/2025 City Council 21 – 62 9/16/2025 Page 3 of 25 Quality Assurance Plan 2019 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................................................. 3 MISSION STATEMENT .................................................................................................................................. 4 LAB SERVICES .................................................................................................................................................. 5 DEFINITION OF TERMS .............................................................................................................................. 6 QUALITY ASSURANCE REQUIREMENTS ............................................................................................. 7 Laboratory Accreditation .................................................................................................................................... 7 Laboratory Personnel Certification ................................................................................................................... 7 Correlation Testing Program .............................................................................................................................. 8 Maintenance of Laboratory and Testing Equipment ..................................................................................... 8 TESTING GUIDELINES ................................................................................................................................ 9 Acceptance Testing (AT) .................................................................................................................................... 9 Independent Assurance Program (IAP) ........................................................................................................... 9 Acceptance of Minor Quantities of Materials Without Testing ................................................................. 10 REPORTING ACCEPTANCE TESTING RESULTS ............................................................................. 11 CONSTRUCTION MATERIALS DISPUTE RESOLUTION ............................................................... 12 TESTING OF MANUFACTURED MATERIALS ................................................................................... 13 Certificate of Compliance ................................................................................................................................. 13 Source Inspection ............................................................................................................................................... 13 PROJECT CERTIFICATION ........................................................................................................................ 14 RECORDS .......................................................................................................................................................... 15 APPENDIX I MATERIALS LAB CONTACTS ........................................................................................ 16 APPENDIX II LIST OF TESTS PERFORMED ....................................................................................... 17 APPENDIX III EXAMPLE OF TEST RESULT ...................................................................................... 19 APPENDIX IV ACCEPTANCE TESTING FREQUENCIES .............................................................. 20 APPENDIX V SAMPLE MATERIALS CERTIFICATION ................................................................... 21 APPENDIX VI CONTRACTS FILE ORGANIZATION SYSTEM .................................................... 22 City Council 21 – 63 9/16/2025 Page 4 of 25 Quality Assurance Plan 2019 MISSION STATEMENT The mission of the David Dixon Memorial Materials Laboratory (LAB) is to provide the public with safe and efficient infrastructure through geotechnical and materials testing services. The LAB accomplishes this mission through geotechnical engineering, acceptance testing, and quality assurance testing of construction materials for capital improvement programs, maintenance programs, and development activities for OC Public Works, Orange County Flood Control District, OC Community Resources, and OC Dana Point Harbor (hereinafter collectively referred to as COUNTY) and outside partnering agencies. City Council 21 – 64 9/16/2025 Page 5 of 25 Quality Assurance Plan 2019 LAB SERVICES The David Dixon Memorial Materials Laboratory (LAB) provides the following services: 1. Geotechnical engineering, engineering geology, pavement analysis, and foundation investigations for COUNTY facilities 2. Evaluation and acceptance of mix designs including asphalt concrete (AC) mix design, portland cement concrete (PCC) mix design, cement treated soils, and soil stabilization mix designs, for all COUNTY projects, subdivision infrastructure and COUNTY property encroachment permits 3. Quality assurance testing on construction materials including aggregates, AC, PCC, and soils for all COUNTY projects, subdivision infrastructure, and COUNTY property encroachment permits 4. Acceptance and quality assurance testing as described above for Cities under contract with the County through OC Public Works City Council 21 – 65 9/16/2025 Page 6 of 25 Quality Assurance Plan 2019 DEFINITION OF TERMS American Association of State Highway and Transportation Officials (AASHTO) A standards setting body which publishes specifications, test protocols and guidelines which are used in highway design and construction throughout the United States. Acceptance Testing (AT) Sampling and testing, or inspection, to determine the degree of compliance with contract requirements. AASHTO re:source Part of the Engineering and Technical Services division of AASHTO that implements the Laboratory Assessment Program, Proficiency Sample Program, and AASHTO Accreditation program for soils, aggregate, and bituminous materials. Independent Assurance Program (IAP) A program to verify that AT is being performed correctly by qualified technicians and laboratories. Quality Assurance Program (QAP) A sampling and testing program that provides assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are AT and IAP. Source Inspection AT of manufactured and prefabricated materials at locations other than the job site, generally at the manufactured location. City Council 21 – 66 9/16/2025 Page 7 of 25 Quality Assurance Plan 2019 QUALITY ASSURANCE REQUIREMENTS The David Dixon Memorial Materials Laboratory (LAB) will perform Acceptance Testing (AT) on all COUNTY projects, including federal and state grant funded projects. The LAB is under the responsible management of a California Registered Engineer with experience in sampling, inspection, and testing of construction materials. The engineer shall certify the results of all tests performed by laboratory personnel under their supervision. The LAB shall maintain certified testing equipment capable of performing the tests listed in Appendix II of this QAP. The LAB reserves the option to use a private consultant materials laboratory to perform Acceptance Testing on certain projects. Private consultant materials laboratories under contract with the LAB shall be required to comply with the provisions of this QAP. LABORATORY ACCREDITATION The LAB is Caltrans certified for testing aggregates, asphalt concrete, soils, and portland cement concrete materials. Caltrans verifies the LABs ability to perform quality materials testing though site inspection, approval of the LABs accreditation manual, equipment calibration check, and successful completion of proficiency sample testing through Caltrans Reference Sample Program. Caltrans evaluates the LABs certification on an annual basis. The LAB is AASHTO accredited for its Quality Management System and for testing aggregates, asphalt concrete, and soils. AASHTO re:source evaluates the LABs accreditation status on an annual basis and confirms the LAB has received all applicable on-site assessments and quality management system evaluations. The review includes an evaluation of updated personnel information. The LAB is also required to participate in the AASHTO re:source Proficiency Sample Program. LABORATORY PERSONNEL CERTIFICATION All Caltrans Tests listed in Appendix II.C of this QAP shall be performed by LAB personnel certified by Caltrans in accordance with the current edition of the Caltrans Independent Assurance Manual. Caltrans certifications shall be renewed every 3 years. LAB personnel shall have thorough knowledge of: Responsibilities of sampling and testing Test methods, calculations, and related paperwork Safety guidelines used in the test methods, and Maintenance/operation of the equipment used in the test procedures. City Council 21 – 67 9/16/2025 Page 8 of 25 Quality Assurance Plan 2019 Private consultant materials laboratories under contract with the LAB shall use staff certified by one or more of the following: Caltrans, American Concrete Institute (ACI), National Institute of Certification of Engineering Technologies (NICET), or other organization approved by the State of California. CORRELATION TESTING PROGRAM The LAB participates in the Caltrans Reference Sample Program for aggregates, asphalt concrete, soils, and portland cement concrete. The LAB also participates in the AASHTO re:source Proficiency Sample Program for aggregates, asphalt concrete, and soil. Private consultant materials laboratories under contract with the LAB shall be required to provide documentation of participation in a correlation testing program through AASHTO re:source, Cement and Concrete Reference Laboratory (CCRL), and/or Caltrans. MAINTENANCE OF LABORATORY AND TESTING EQUIPMENT The LAB shall only use laboratory and testing equipment that is in good working order. All equipment shall be calibrated at least once each year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology. A decal shall be firmly affixed to each piece of equipment showing the date of the last calibration. All testing equipment calibration decals shall be checked as part of the IAP. Private consultant materials laboratories under contract with the LAB shall be required to provide documentation to confirm that all laboratory and testing equipment is maintained as stipulated above. City Council 21 – 68 9/16/2025 Page 9 of 25 Quality Assurance Plan 2019 TESTING GUIDELINES ACCEPTANCE TESTING (AT) AT shall be performed by LAB personnel who are certified to perform the required tests. Test results shall be used to ensure that all materials incorporated into the project are in compliance with the contract specifications. Testing methods will be in accordance with the Caltrans, AASHTO, or ASTM test methods, as specified in the contract specifications. Sample locations and frequencies shall be in accordance with the contract specifications. If not specified in the contract specifications, samples shall be taken at the locations and frequencies as shown in Appendix IV, Acceptance Sampling and Testing Frequencies. INDEPENDENT ASSURANCE PROGRAM (IAP) IAP will be used to verify that acceptance testing is being performed correctly by qualified testers and laboratories. These include, but are not limited to: 1. Verifying that equipment used for acceptance testing is properly calibrated and in good working condition. Records of equipment calibrations should be kept with the equipment. 2. Certifying acceptance testers by administering written and practical/witness exams for the acceptance tester. 3. Performing corroboration testing between the acceptance tester and independent assurance personnel on Sieve Analysis, Sand Equivalent, and Cleanness Value tests. 4. A written procedure for dispute resolution IAP shall be provided by personnel from Caltrans, the Agencys certified materials laboratory, or consultants certified materials laboratory. For Federal-aid projects off the NHS, the agency may choose to: 1. Hire an outside qualified consultant to perform IA services, or 2. Have a qualified employee from within the local agency to perform IA services, or 3. Request Caltrans provide IA services if California Test Methods are used. IAP personnel shall be certified in all required testing procedures, as part of IAP. Poor correlation between acceptance testers results and other test results may indicate probable deficiencies with the acceptance sampling and testing procedures. In cases of unresolved City Council 21 – 69 9/16/2025 Page 10 of 25 Quality Assurance Plan 2019 discrepancies, a complete review of AT shall be performed by IAP personnel, or an independent materials laboratory chosen by the Agency. IAP samples and tests are not to be used for determining compliance with contract requirements. Compliance with contract requirements is determined only by AT. ACCEPTANCE OF MINOR QUANTITIES OF MATERIALS WITHOUT TESTING Relatively minor quantities of construction materials may be accepted without testing provided acceptance conforms to the conditions stated below in paragraphs one and two. Generally, this provides for accepting minor quantities of materials from a commercial source that is known to supply material conforming to the specifications. Documentation for acceptance of material as described in paragraphs one and two above must be provided and included in the project records. Documentation should include statements in the project inspectors reports that clearly indicate conditions under which the material was accepted (e.g., description, quantity, location, where placed, certification numbers and/or other accompanying data). The following list suggests approximate maximum quantities of materials that may be accepted under the conditions indicated above: Aggregates other than for use in Portland Cement Concrete; not to exceed 100 tons per day nor more than 500 tons per project Bituminous mixtures (includes HMA); not to exceed 50 tons per day (sample at Engineers discretion if project total is less than 500 tons) Bituminous material (includes Asphalt); not to exceed 100 gallons per project City Council 21 – 70 9/16/2025 Page 11 of 25 Quality Assurance Plan 2019 REPORTING ACCEPTANCE TESTING RESULTS The following are the schedules for reporting material test results to the Resident Engineer: When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within two (2) working days1 after sampling. When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Resident Engineer within one (1) working day after sampling. When soils and aggregates are sampled at the job site: 1. Test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within three (3) working days after sampling. 2.Test results for R Value and asphalt concrete extraction should be submitted to the Resident Engineer within four (4) working days after sampling. When sampling products such as portland cement concrete (PCC), cement-treated base (CTB), hot mix asphalt (HMA), and other such materials, the time of sampling shall be varied as much as possible in order to avoid a predictable sampling routine. 1 For aggregate containing asphalt, test results will be submitted to the Resident Engineer within three (3) working days City Council 21 – 71 9/16/2025 Page 12 of 25 Quality Assurance Plan 2019 CONSTRUCTION MATERIALS DISPUTE RESOLUTION For all test result disputes, the LAB shall follow the 2012 Edition, The Greenbook, Section 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Asphalt Materials, Rock Products, and Modified Asphalts), inclusive. City Council 21 – 72 9/16/2025 Page 13 of 25 Quality Assurance Plan 2019 TESTING OF MANUFACTURED MATERIALS The LAB may permit the use of certain manufactured products, materials, or assemblies accompanied by a certificate of compliance in lieu of pre-shipment sampling and testing, provided these items are non-structural. These items must have a history of having met specifications based upon previous sampling and testing by County, other local agencies, or other certified private laboratories on a case-by-case basis. The manufacturer of the item shall sign the certificate of compliance and state that the included materials and workmanship conform to the project specifications in all aspects. Manufactured products, materials, or assemblies used on the basis of a certificate of compliance may be sampled and tested at the job site at any time, and at any frequency, during the life of the contract. Items determined to be not in conformance with contract requirements are subject to rejection even after they are in-place. CERTIFICATE OF COMPLIANCE Contract documents may also specify that a certificate of compliance is required for a product, material, or assembly used on a project. The Resident Engineer is responsible for ensuring that a certificate of compliance is furnished when the item or material is delivered to the worksite. All materials accepted on the basis of a certificate of compliance shall be identified in the project inspectors daily inspection reports. The Resident Engineer and/or project inspector shall keep copies of all certificates of compliance in their file. Even if a certificate of compliance is provided, materials such as portland cement and asphalt products shall be sampled for testing in accordance with size, frequency, and testing tables, better known as Frequency Tables (see Appendix IV). SOURCE INSPECTION A certified LAB technician or qualified consultant will conduct the acceptance sampling and testing at the site of the materials source. A certified LAB technician or qualified consultant will inspect asphalt, concrete, and pipe manufacturing plants during product fabrication City Council 21 – 73 9/16/2025 Page 14 of 25 Quality Assurance Plan 2019 PROJECT CERTIFICATION Upon completion of a federal grant funded project, the Resident Engineer shall prepare and sign a Materials Certificate" as part of the Report of Expenditures submitted to Caltrans. A copy of the Materials Certificate shall also be retained in the Agencys construction file for record. Any materials incorporated into the work that did conform to specifications must be explained and justified on the Materials Certification, including changes by made by contract change orders. A sample Materials Certification is included in Appendix V. City Council 21 – 74 9/16/2025 Page 15 of 25 Quality Assurance Plan 2019 RECORDS All material records of samples and tests, material releases and certificates of compliance for the construction project shall be incorporated into the Resident Engineers project file. For federal grant funded projects, project files shall be organized in accordance with the Contracts File Organization System as shown in Appendix VI of this QAP. The complete project file shall be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel. Project files shall be available for at least three (3) years following the date of final project voucher. The use of a Log Summary, as shown in Appendix III of this QAP, facilitates reviews of material sampling and testing by Caltrans and FHWA, and assists the Resident Engineer in tracking the frequency of testing. When two or more projects are being furnished identical materials simultaneously from the same plant, it is not necessary for the LAB to take separate samples or perform separate tests for each project. However, copies of the test reports of the projects shall be provided to the Resident Engineer for each project file. City Council 21 – 75 9/16/2025 Page 16 of 25 Quality Assurance Plan 2019 APPENDIX I MATERIALS LAB CONTACTS NAME TITLE PHONE NUMBER Vinh Tran Materials Engineer (714) 955-0210 Blaine Thomann Laboratory Manager (714) 667-4996 John Moore Independent Assurance (714) 245-4515 Camille Adler Supervisor, Compaction Unit (714) 245-4536 Doug Wilson Supervisor, Plant Inspection Unit (714) 245-4527 Michael Soler Supervisor, Asphalt Concrete/R-Value Unit (714) 245-4524 Yolanda Varquez Supervisor, Physical and Chemical Testing Unit (714) 667-4997 City Council 21 – 76 9/16/2025 Page 17 of 25 Quality Assurance Plan 2019 APPENDIX II LIST OF TESTS PERFORMED II.A AASHTO Standards R47 Reducing Samples of HMA to Testing Size R58 Dry Preparation of Disturbed Soil and Aggregate Samples for Test R76 Reducing Samples of Aggregate to Testing Size T11 Method of Test for Materials Finer than 75 -µm (No. 200) Sieve in Mineral Aggregates by Washing T27 Method of Test for Sieve Analysis of fine and Coarse Aggregates T30 Method of Test for Mechanical Analysis of Extracted Aggregates T84 Method of Test for Specific Gravity and Absorption of Fine Aggregates T85 Method of Test for Specific Gravity and Absorption of Coarse Aggregates T88 Method of Test for Particle Size Analysis of Soils T89 Method of Test for Determining the Liquid Limit of Soils T90 Method of Test for Determining the Plastic Limit and Plasticity Index of Soils T96 Method of Test for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine T100 Method of Test for Specific Gravity of Soils T166 Method of Test for Bulk Specific Gravity of HMA T176 Method of Test for Plastic Fines in Graded Aggregates and Soils by Use of the Sand Equivalent Test T180 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3) T190 Method of Test for Resistance R-Value of Compacted Soil T246 Method of Test for Resistance to Deformation and Cohesion of Hot Mix Asphalt (HMA) by Means of Hveem Apparatus T247 Method of Test for Preparation of Test Specimens of Hot Mix Asphalt (HMA) by Means of California Kneading Compactor T255 Laboratory Determination of Moisture Content of Aggregates T265 Laboratory Determination of Moisture Content of Soils T275 Method of Test for Bulk Specific Gravity of Compacted Hot Mix Asphalt (HMA) Using Paraffin-Coated Specimens T308 Method of Test for Determining the Asphalt Binder Content of Hot Mix Asphalt (HMA) by the Ignition Method II.B ASTM Standards C39 Capping, Storing and Testing PCC Cylinders for Compressive Strength C42 Standard Test Method for Obtaining and Testing Drilled Cores C109 Standard Test Method for Compressive Strength Testing of Mortar Cubes C117 Method of Test for Materials Finer than No. 200 by Washing C127 Method of Test for Specific Gravity and Absorption of Coarse Aggregates C128 Method of Test for Specific Gravity and Absorption of Fine Aggregates C131 Method of Test for Resistance to Degradation of Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine C136 Method of Test for Sieve Analysis of Coarse and Fine Aggregates C1019 Standard Test Method for Sampling and Testing Grout for Compressive Strength City Council 21 – 77 9/16/2025 Page 18 of 25 Quality Assurance Plan 2019 D698 Standard Test Method for Laboratory Compaction Characteristics of Soil using a Modified Effort (56,000 ft-lbf/ft3) D1557 Standard Test Method for Laboratory Compaction Characteristics of Soil using a Modified Effort (56,000 ft-lbf/ft3) D2487 Unified Soil Classification System D2974 Standard Test for Organic Matter of Soils D3080 Standard Test for Direct Shear of Soils D3910 Slurry Wet Track Abrasion Test D4318 Standard Test for Plasticity Index of Soils D4829 Standard Test for Expansion Index of Soils II.C California Test Method (Caltrans) Standards - Certified CTM 105 Calculations Pertaining to Gradings and Specific Gravities CTM 106 Definition of Terms Relating to Specific Gravity CTM 125 Sampling Highway Materials CTM 201 Method of Test for Soil and Aggregate Sample Preparation CTM 202 Method of Test for Sieve Analysis of Coarse and Fine Aggregates CTM 216 Method of Test for Relative Compaction of Soils and Aggregates CTM 217 Method of Test for Sand Equivalent CTM 226 Method of Test for Moisture of Soils and Aggregates CTM 227 Method of Test for Evaluating Cleanness of Coarse Aggregates CTM 231 Method of Test for Relative Compaction of Soils and Aggregates CTM 301 Method of Test for Determining R-Value using the Stabilometer CTM 304 Method of Test for Preparation of HMA using the California Compactor CTM 308 Method of Test for Determining Bulk Specific Gravity of HMA CTM 366 Method of Test for Stabilometer Value CTM 375 Method of Test for Determining In-Place Density and Relative Compaction CTM 382 Method of Test for Determination of Binder Content of HMA CTM 521 Method of Test for Determining Compressive Strength of Concrete Cylinders CTM 539 Method of Sampling Fresh Concrete CTM 540 Method of Fabricating and Storing Concrete Cylinders in the Field CTM 556 Method of Test for Slump of Fresh Portland Cement Concrete CTM 557 Method of Test for Temperature of Fresh Portland Cement Concrete II.D California Test Method (Caltrans) Standards CTM 103 Method of Calibration of Expansion Pressure Devices CTM 110 Method of Calibration of Compaction Test Equipment CTM 203 Method of Test for Mechanical Analysis of Soils CTM 205 Method of Test for Percentage of Crushed Particles CTM 206 Method of Test for Specific Gravity and Absorption of Coarse Aggregates CTM 207 Method of Test for Specific Gravity and Absorption of Fine Aggregates CTM 211 Method of Test for Abrasion of Coarse Aggregate (Los Angeles Rattler Test) CTM 229 Method of Test for Durability Index CTM 417 Method of Test for Determining Sulfate Content of Soils CTM 643 Method of Test for pH and Resistivity of Soils City Council 21 – 78 9/16/2025 Page 19 of 25 Quality Assurance Plan 2019 APPENDIX III EXAMPLE OF TEST RESULT City Council 21 – 79 9/16/2025 Page 20 of 25 Quality Assurance Plan 2019 APPENDIX IV ACCEPTANCE TESTING FREQUENCIES City Council 21 – 80 9/16/2025 Page 21 of 25 Quality Assurance Plan 2019 APPENDIX V SAMPLE MATERIALS CERTIFICATION City Council 21 – 81 9/16/2025 Page 22 of 25 Quality Assurance Plan 2019 APPENDIX VI CONTRACTS FILE ORGANIZATION SYSTEM City Council 21 – 82 9/16/2025 Page 23 of 25 Quality Assurance Plan 2019 City Council 21 – 83 9/16/2025 Page 24 of 25 Quality Assurance Plan 2019 City Council 21 – 84 9/16/2025 Page 25 of 25 Quality Assurance Plan 2019 City Council 21 – 85 9/16/2025 CITY OF SANTA ANA FY 25/26CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The project goal is a building including a flex space, classroom(s), and hub for community volunteers and education staff. The classrooms are flexible in design and layout to maximize their use potential throughout the day and year. The facility would use environmentally sustainable materials in its construction. PROJECT NEED: This facility serves as a reception area for school children coming to the zoo and is directly adjacent to the existing outdoor amphitheater. Different sides of the building will open out to the general zoo area, the amphitheater, or staff and service areas. PROJECT TITLE: Santa Ana Zoo Educational Hub PROJECT CATEGORY: City & Park Facility Improvements Park Facility LOCATION MAP AGENCY:DIVISION:CONTACT:DATE: Public Works CIP Engineering Gilbert Castillo, Senior Engineer 28-Aug-2025 PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 1,697,875 ------ Contingency 356,327 ------ Engineering 2,399,880 ------ TOTAL 4,454,082 ------ SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 123,430 ------ A & D District 3 750,000 ------ CA RESOURCES AGENCY GRANT 1,649,880 ------ Cannabis 873,759 ------ CAPITAL OUTLAY/CELL TOWER 339,795 ------ GENERAL FUND 645,953 ------ PRCSA F&D 71,265 ------ TOTAL 4,454,082 ------ EXHIBIT 6 City Council 21 – 86 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: On-Call Programmable Logic Controller Programming and Consulting Services AGENDA TITLE Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a three- year term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, one-year extensions (Core Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA) Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District (MWD). The system has an average daily demand of 30 million gallons from its roughly 45,150 metered service connections. PWA operates a sophisticated Supervisory Control and Data Acquisition (SCADA) system to oversee and manage its water infrastructure. This SCADA system collects real-time data from field devices such as sensors and programmable logic controllers (PLC), allowing water operators to monitor citywide system performance and respond swiftly to changing conditions. PLCs, which are specialized industrial computers, serve as the primary controllers of the water system. They interpret signals from sensors (e.g., flow, pressure, turbidity, and pH) and automatically control equipment such as pumps and valves based on programmed code and logic. This enables precise, real-time adjustments to efficiently City Council 22 – 1 9/16/2025 On-Call Programmable Logic Controller Programming and Consulting Services September 16, 2025 Page 2 5 3 2 4 optimize operations, such as maintaining consistent water pressure or flow rates throughout the distribution network. PLC programming and consulting services are critical to the successful operation of the City’s water infrastructure. Through automation and continuous monitoring, PLCs enhance system reliability, improve operational efficiency, and reduce the risk of human error. They are instrumental in identifying equipment malfunctions or irregularities early, triggering alarms, and initiating corrective actions to minimize service disruptions and ensure uninterrupted delivery of safe, high-quality water. Furthermore, PLC programming plays a vital role in regulatory compliance by precisely controlling chemical dosing, treatment durations, and other process parameters that directly affect water quality. In short, these services are not only efficient, they are foundational to the safe, efficient, and compliant operation of the City’s water systems. The City has historically maintained a professional services contract for PLC programming and automation consulting services to support the daily operation of its water and wastewater systems. In recent years, the City has invested approximately $500,000 to $700,000 annually into these services. These expenditures have consistently provided value by ensuring uninterrupted operations, timely troubleshooting, and successful integration of automation into new and existing infrastructure. Maintaining an on-call contract for automation consulting and PLC programming support is also critical to supporting maintenance and improvement projects. Nearly every water project, whether drilling a new well, constructing a booster pump station, or upgrading a water treatment facility, requires specialized programming and integration with the City’s SCADA system. By having contract support readily available, the City can seamlessly incorporate automation into these projects without delaying construction schedules or incurring costly change orders. This on-call model ensures that automation specialists are engaged early in project design, remain available during construction, and provide rapid support during commissioning and startup. As a result, projects are delivered more efficiently, with fewer disruptions, and with programming that is fully aligned with the City’s established standards, functional specifications, and operational practices. In short, the establishment and continuation of a PLC programming contract is not only about maintaining daily operations, it is also a cornerstone of delivering projects on time, within budget, and with the reliability needed to serve the community. On April 24, 2025, PWA released Request for Proposal (RFP) No. 25-046 (Exhibit 1), by which it sought the services of qualified consulting firms to provide PLC programming and consulting services. The RFP was advertised on PlanetBids and proposals were received electronically via PlanetBids on May 29, 2025. City Council 22 – 2 9/16/2025 On-Call Programmable Logic Controller Programming and Consulting Services September 16, 2025 Page 3 5 3 2 4 The City notified a total of 838 regional vendors via PlanetBids, with 31 vendors downloading bidding documents. Six proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking: Firm City Rank Industrial Control Systems Online, LLC DBA ICS Online Ripon, CA 1 KDC Inc. DBA KDC Systems Los Alamitos, CA 2 Partners in Control, Inc. DBA Enterprise Automation Irvine, CA 3 Aspect Engineering Group Bakersfield, CA 4 SOAP Engineering, LLC Houston, TX 5 South Coast Controls Anaheim, CA DQ Staff recommends awarding agreements to Industrial Control Systems Online, LLC, DBA ICS Online, KDC Inc. DBA KDC Systems, and Partners in Control, Inc. DBA Enterprise Automation to provide PLC programming and consulting services on an as- needed basis (Exhibits 2-4). Industrial Control Systems Online, LLC DBA ICS Online has served as a subcontractor for the City of Santa Ana within the past five years. Their work included providing PLC programming on the San Lorenzo Sewer Lift Station Project (Project No. 06-3510), the Well 32 Rehabilitation Project (Project No. 13-6433), and the Well 29 Improvements Project (Project No. 18-6491). KDC Inc. DBA KDC Systems has served as both a prime contractor and a subcontractor for the City of Santa Ana within the past five years. Their projects included providing PLC programming on the SA-5 Vault Modification project, the magnetic flowmeter integration project at Well 33, and level transmitter and system integration projects at East, West, South, and Garthe Reservoir Pump Stations. Partners in Control, Inc. DBA Enterprise Automation has served as both a prime contractor and a subcontractor for the City of Santa Ana within the past five years. Their projects included providing PLC programming and automation consulting services on the City’s PFAS Water Treatment Plant Projects at Well 40 (SA-2021-1), Well 38 (SA- 2022-1), Well 31 (SA-2023-2), and Wells 27 and 28 (SA-2023-1). The proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. The firms’ rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the proposals were determined to provide the best value for the City. City Council 22 – 3 9/16/2025 On-Call Programmable Logic Controller Programming and Consulting Services September 16, 2025 Page 4 5 3 2 4 All firms selected for this award are currently under agreement with the City for other consulting services and have performed quality work for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available in the following accounts for Fiscal Year 2025-2026 and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Amount Contract (3-Year Term) 2025- 26 06017640- 62300 Water Water Uty Prod & Supply, Contract Services- Professional $500,000 2026- 27 06017640- 62300 Water Water Uty Prod & Supply, Contract Services- Professional $500,000 2027- 28 06017640- 62300 Water Water Uty Prod & Supply, Contract Services- Professional $500,000 Optional Two-Year Extension 2028- 29 06017640- 62300 Water Water Uty Prod & Supply, Contract Services- Professional $500,000 2029- 30 06017640- 62300 Water Water Uty Prod & Supply, Contract Services- Professional $500,000 Total:$2,500,000 EXHIBIT(S) 1. RFP No. 25-046 2. Agreement with ICS Online 3. Agreement with KDC Systems 4. Agreement with Enterprise Automation Submitted By: Rodolfo Rosas, P.E. Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 22 – 4 9/16/2025 EXHIBIT 1 City Council 22 – 5 9/16/2025 City Council 22 – 6 9/16/2025 City Council 22 – 7 9/16/2025 City Council 22 – 8 9/16/2025 City Council 22 – 9 9/16/2025 City Council 22 – 10 9/16/2025 City Council 22 – 11 9/16/2025 City Council 22 – 12 9/16/2025 City Council 22 – 13 9/16/2025 City Council 22 – 14 9/16/2025 City Council 22 – 15 9/16/2025 City Council 22 – 16 9/16/2025 City Council 22 – 17 9/16/2025 City Council 22 – 18 9/16/2025 City Council 22 – 19 9/16/2025 City Council 22 – 20 9/16/2025 City Council 22 – 21 9/16/2025 City Council 22 – 22 9/16/2025 City Council 22 – 23 9/16/2025 City Council 22 – 24 9/16/2025 City Council 22 – 25 9/16/2025 City Council 22 – 26 9/16/2025 City Council 22 – 27 9/16/2025 City Council 22 – 28 9/16/2025 City Council 22 – 29 9/16/2025 City Council 22 – 30 9/16/2025 City Council 22 – 31 9/16/2025 City Council 22 – 32 9/16/2025 City Council 22 – 33 9/16/2025 City Council 22 – 34 9/16/2025 City Council 22 – 35 9/16/2025 City Council 22 – 36 9/16/2025 City Council 22 – 37 9/16/2025 City Council 22 – 38 9/16/2025 City Council 22 – 39 9/16/2025 City Council 22 – 40 9/16/2025 City Council 22 – 41 9/16/2025 City Council 22 – 42 9/16/2025 City Council 22 – 43 9/16/2025 City Council 22 – 44 9/16/2025 APPENDIX A CITY OF SANTA ANA RFP 25-046 PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES WELL 40 REMOTE TERMINAL UNIT (RTU) PANEL ELECTRICAL DRAWINGS & SAMPLE HUMAN MACHINE INTERFACE (HMI) SCREEN SHOTS City Council 22 – 45 9/16/2025 City Council 22 – 46 9/16/2025 City Council 22 – 47 9/16/2025 City Council 22 – 48 9/16/2025 City Council 22 – 49 9/16/2025 City Council 22 – 50 9/16/2025 City Council 22 – 51 9/16/2025 City Council 22 – 52 9/16/2025 City Council 22 – 53 9/16/2025 City Council 22 – 54 9/16/2025 City Council 22 – 55 9/16/2025 City Council 22 – 56 9/16/2025 City Council 22 – 57 9/16/2025 City Council 22 – 58 9/16/2025 City Council 22 – 59 9/16/2025 City Council 22 – 60 9/16/2025 City Council 22 – 61 9/16/2025 City Council 22 – 62 9/16/2025 City Council 22 – 63 9/16/2025 City Council 22 – 64 9/16/2025 City Council 22 – 65 9/16/2025 City Council 22 – 66 9/16/2025 City Council 22 – 67 9/16/2025 City Council 22 – 68 9/16/2025 City Council 22 – 69 9/16/2025 City Council 22 – 70 9/16/2025 City Council 22 – 71 9/16/2025 City Council 22 – 72 9/16/2025 City Council 22 – 73 9/16/2025 City Council 22 – 74 9/16/2025 City Council 22 – 75 9/16/2025 City Council 22 – 76 9/16/2025 City Council 22 – 77 9/16/2025 City Council 22 – 78 9/16/2025 City Council 22 – 79 9/16/2025 City Council 22 – 80 9/16/2025 City Council 22 – 81 9/16/2025 City Council 22 – 82 9/16/2025 City Council 22 – 83 9/16/2025 City Council 22 – 84 9/16/2025 AGREEMENT WITH ICS ONLINE TO PROVIDE PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES THIS AGREEMENT is made and entered into on this 16th day of September, 2025 by and between Industrial Control Systems Online, LLC, a California limited liability company, DBA ICS Online (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS 1.On April 24, 2025 the City issued Request for Proposal (“RFP”) No. 25-046, by which it sought qualified consultants to provide programmable logic controller (PLC) programming and consulting services for the City’s Public Works Agency. 2.Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 25-046. 3.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES At the City’s sole discretion, the Consultant shall perform the services described in the scope of work that was included in RFP No. 25-046, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant’s proposal, attached hereto as Exhibit B and incorporated in full. 2.COMPENSATION a.City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide PLC programming and consulting services under RFP 25- 046.The total compensation for these services provided by all such consultants selected under RFP 25-046 shall not exceed the shared aggregate amount of Two Million and Five-Hundred Thousand Dollars ($2,500,000) during the term of the Agreement, including any extension periods. b.Payment by City shall be made within 45 days (forty-five) days following receipt EXHIBIT 2 City Council 22 – 85 9/16/2025 of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonable be expected by City. 3.TERM This Agreement shall commence on the date first written above and continue for a three (3)year term through September 15, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a written executed by the City Manager and the City Attorney. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6.INSURANCE Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE City Council 22 – 86 9/16/2025 Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: •Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. •Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. •Workers’ Compensation (W/C): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. •Professional Liability Insurance (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2.All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. 3.All required insurance policies: For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the City Council 22 – 87 9/16/2025 carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6.Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Heidi Chou, 215 S. Center St., M-85, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. Subcontractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of City Council 22 – 88 9/16/2025 the risk, prior experience, insurer, coverage, or other special circumstances. 7.INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8.INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10.CONFIDENTIALITY City Council 22 – 89 9/16/2025 If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE a.Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b.No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c.The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d.The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e.Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) City Council 22 – 90 9/16/2025 by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12.NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems City Council 22 – 91 9/16/2025 appropriate. b.Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18.PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: City Council 22 – 92 9/16/2025 Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Steve Scrosati, President ICS Online 441 Doak Blvd., Suite A Ripon, CA, 95366 City Council 22 – 93 9/16/2025 Rodolfo Rosas Digitally signed by Rodolfo Rosas Date: 2025.08.28 16:21:27 -07'00' City Council 22 – 94 9/16/2025 EXHIBIT A SCOPE OF SERVICE City Council 22 – 95 9/16/2025 City Council 22 – 96 9/16/2025 City Council 22 – 97 9/16/2025 City Council 22 – 98 9/16/2025 City Council 22 – 99 9/16/2025 City Council 22 – 100 9/16/2025 EXHIBIT B CONSULTANT’S PROPOSAL City Council 22 – 101 9/16/2025 Statement of Qualifications City of Santa Ana RFP NO.:25-046 Programmable Logic Controller (PLC) Programming and Consulting Services City of Santa Ana Public Works Agency 220 S. Daisy Avenue, Bldg. A Santa Ana, CA 92703 Document Prepared by: 441 Doak Blvd Suite ‘A’ Ripon, CA 95366 (209) 599-9775 City Council 22 – 102 9/16/2025 1 | Page TABLE OF CONTENTS Section Title Page # 1.Statement of Qualifications Table of Contents 1 a.Cover Letter 3 b.Agreement Statement 4 c.Firm and Team Experience (Resumes Attachment 6)5-7 d.Understanding the Scope of Services 8-9 e.Relevant Project Experience 10-14 f.References (for more info see Attachment 3)n/a g.Fee (Not Included, see Attachment 2)n/a 2.Scope of Services 18 3.Fee Proposal (Attachment 2)n/a 4.Certifications (Attachment 5)n/a 5.Proposer’s references (Attachment 3)n/a 6.Resumes (Attachment 6)n/a City Council 22 – 103 9/16/2025 2 | Page a.Cover Letter: 05/27/2025 To: Fallon Franklin, PE Project Manager City of Santa Ana Public Works Agency 220 S. Daisy Avenue, Bldg. A Santa Ana, CA 92703 Re: City of Santa Ana RFP NO.:25-046 ICS Online Inc. has been approved integrator and working partner with the public works water groups successfully providing Industrial Control Panels, design and automation programming services for several years. In addition to the recent lift stations, well sites and pump stations that involved the current M340, Magelis, and Aveva SCADA system in the past ICS assisted Santa Ana with several older Modicon PLC several upgrades. In addition, to programming Modicon PLC’s since the early 90’s, were I started as a Modicon sales engineer training and supporting system Integrators, specifying engineers and municipalities, I have been teaching Industrial PLC, HMI, SCADA and Industrial networking at the local junior college for over 7 years. I believe I have a good working relationship with the City of Santa Ana water group and when I combine that with my experience with both the older PLC/HMI products and the current Santa Ana standard automation systems, I know that we can be successful at completing the upgrade projects defined in this RFP while providing training for the COSA water group operations and maintenance staff. I personally worked on this proposal and hope to continue to support the City of Santa Ana water group any way that I can. Please feel free to call me if you have any questions or concerns. Thank you, Steve Scrosati, CEO ICS Online Inc. 441 Doak Blvd, Suite A Ripon CA, 95366 City Council 22 – 104 9/16/2025 3 | Page b. Agreement Statement: ICS Online Inc agrees to perform work with the terms described in the Consultant Agreement in appendix attachment 4 described as the “STANDARD AGREEMENT(SAMPLE)” OF THE City of Santa Ana RFP NO.:25- 046 PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES. Please sample version of Agreement from pages 25-35 of RFP for reference: City Council 22 – 105 9/16/2025 4 | Page c. Firm and Team Experience: Firm: Industrial Control Systems Online Inc., or ICS Online Inc. has been designing, building UL508, and Programming Industrial control systems including Instrumentation, PLC, PAC, HMI, and SCADA systems for over 25 years. ICS was started as Panels by Olga in 1995. Panels by Olga was one of the first minority woman owned UL508A panel shops in CA. In 2000, Panels by Olga incorporated to become Industrial Control Systems Online Inc, ICS Online Inc. Experienced Engineering staff and programming were added to provide turnkey design and PLC, HMI, and SCADA programming capabilities. ICS focused on working with OEM’s to automate systems using Industrial automation controls such as PLC’s, HMI’s, VFD’s. ICS grew quickly and is currently one of the largest UL508A control panel shops in California. We design, build and program several hundreds of control panels a year for Municipalities, Original Equipment Manufacturers (OEM), and Other Industrial Customers. We serve a variety of Industries including Water/Waste Water, Semiconductor, Alternative Energy, and Food/ Beverage. ICS largest Industry concentration is in the Municipal Water Filtration, Distribution, and Treatment Industries. Working with our water treatment OEM’s, electrical contractors and direct municipalities we have successfully the completed turnkey PLC/HMI based Control panels and SCADA system across the USA and Canada. ICS has been an approved System Integrator for the City of Santa Ana for at least 5 years and has worked with water department maintenance and engineering staff for more than 7 years. ICS has provided several turnkey RTU control panels where we successfully designed, built and programmed to meet the City of Santa Ana Water Department specifications and standards. ICS has continued to help the city provide new standards for documentation and automation equipment. ICS has also worked with the Maintenance to complete several onsite upgrades to PLC’s, HMI’s, VFD’s, and Programming Changes. We have a good working relationship with the Cities OSHG System provider and have built and assisted on many startups and upgrades also. It is our hope to that ICS Online Inc, is awarded this contract so we can continue working with the City of Santa Ana Water Department. We believe that ICS extensive knowledge and experience working with the both the Cities newer and older equipment, our successful track record, and our ability work and assist in the training and education of the maintenance staff will make ICS Online the clear choice for this project. City Council 22 – 106 9/16/2025 5 | Page Principal Agents: Please see attached resumes for the Principal Agent and Associate in charge. Principal Agent / Engineering Manager: Steve Scrosati, CEO Associate in Charge / Project Manager: Alex Scrosati EE Project Team Members: Resumes of project team members available up on request. CFO: Olga Scrosati, Founder Purchasing: Adriana Del Carpio Estimators: Jacqueline Perez Electrical Engineers: Fabiana Scrosati, Manuel Romero Design Technician: Ruslan Mateyashchik Automation Specialist (Programmers): Christoper Scrosati CE, Bradley Delap, Mathew Decker Production Manager: Bobby Bejaran Parts Purchasing: Adriana Del Carpio Lead Technician: Sebastian Gonzalez Technicians: Areli Sandoval, Brandon Costello Machinist: Sergio Alvarez Lead Field Technician: Sebastian Gonzalez City Council 22 – 107 9/16/2025 6 | Page Project Work Load: 50 20 30 Programming Work Load Steve Bradley Matt City Council 22 – 108 9/16/2025 7 | Page d. Understanding the Scope of Services: The City of Santa Ana is looking for consulting services for PLC and HMI programming. ICS will be able to provide these services. ICS will provide quotes for services upon request from the City. ICS will be responsible and follow all contractor responsibilities. ICS is able to provide numerous programming services from many manufactures. ICS is able to program Modicon PLCs using Momentum, Advantys, Concept 2.6, and Eco structure Control Expert. ICS is also more than capable of programming Magelis HMI’s using Vijeo Designer. ICS will be responsible for documenting and submitting all programming properly for the city both physically and digitally. ICS will also be responsible for ensuring code is easy to follow with annotations. Please refer to Section 2 for additional information. ICS will serve as an Engineering, Programming, and Training resource for the City of Santa Ana Water Operations and Maintenance Department on a per project basis. As an example, project the city may task ICS to replace an existing Modicon Compact PLC in an existing RTU and upgrade it to a new M340 PLC with Magelis HMI. ICS would work remotely or onsite as need to complete the following tasks. 1)The city would provide information or pictures of the existing RTU with any existing documentation of the control panel design or PLC program, with a rough scope of work. ICS would provide a written estimate including a breakdown of the material and labor costs and submit it to the city. The estimate would include the cost of visiting the site to collect additional information and upload the existing PLC program. ICS would work with the City Maintenance Staff and treat the visit as training opportunity. 2) Once the information has been collected and reviewed by ICS, a virtual or onsite meeting would be scheduled to determine a schedule, operational review, to discuss adding IO to the system. Then ICS would produce an IO list for the city’s final approval. 3) Once the IO list is approved, new preliminary set of control panel drawings will be drafted and submitted to the city for review. If additional information such as field terminations needed to be discovered, ICS could work with the city in person or remotely to collect the information. 4) The drawings would be updated, and re-submitted for approval. Once approved ICS would write the Control Description submit it for approval. The materials required for the job not provide by the city would be then purchased by ICS. 5) Once approved the ICS would program the PLC, HMI and SCADA interface. Once complete and simulated test at ICS, ICS would schedule at Factory Acceptance Test (FAT) at ICS to demonstrate the simulated function of the system. The FAT could be complete at ICS and could be witnessed by the city in person or virtually. ICS would create the FAT procedure using the control description and provide check sheets and sign off forms. 5) Once the FAT is complete, and the required materials have been received a shutdown would be scheduled, ICS could provide control wiring services or work with the city to install pre-fabricated City Council 22 – 109 9/16/2025 8 | Page and labeled control wiring, relays, and terminals along with the New M340 PLC, HMI, and Ethernet Switch. 6) Once the control wiring is complete ICS would perform and onsite IO check out with the city to confirm everything is wired and all devices are functioning properly. The IO list and approved drawings could be used to complete this portion. 7) ICS would use the FAT form to create a Performance Acceptance Test (PAT) document, the city and ICS would use this procedure and sign off forms to commission the site. 8) At commissioning, ICS would provide a binder containing all of the documentation printed as well as an electronic version to turn over to the city, including old and new PLC and HMI Programs, IO, and SCADA lists. 9) Once commission is complete, ICS could provide training to the City Operations and Maintenance staff. City Council 22 – 110 9/16/2025 9 | Page e. Relevant Project Experience: City of Santa Ana City of Santa Ana San Lorenzo Lift Station (2020-2023) Worked with Leed Electric to provided Turnkey Lift Station RTU control panel build, PLC and HMI, Programming, Radio Site Survey, Control Panel FAT, IO Check Out startup and commissioning. All work was done to COSA automation standards. System controlled 3 lift station sewage pumps, with grinders. Instruments included flow, pressure, level, and intrusion. Modicon M340 PLC with Magelis HMI. GE 900Hz radio. Coordinated and tested SCADA communications with COSA staff. City of Santa Ana Well 29 Improvements (2023-Present) Worked with Leed Electric to provide Well 29 Well RTU control panel build, PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. All work was done to COSA automation standards. System controlled well pumps, with valves. The system monitored Instruments included flow, pressure, level, motor vibration, intrusion, and generator/ATS Modicon M340 PLC with Magelis HMI. GE 900Hz radio. Coordinated and tested SCADA communications with COSA staff. City of Santa Ana Well 32 Rehabilitation (2023-Present) Worked with Southern Contracting to provided Well 32 Well RTU control panel build, PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. It also included Garthe RIO- 100, security and communication racks. All work was done to COSA automation standards. System controlled well pump, and with valves The system monitored Instruments included flow, pressure, level, motor vibration intrusion, analyzers and generator/ATS. Modicon M340 PLC with Magelis HMI. GE 900Hz radio. Coordinated and tested SCADA communications with COSA staff. City of Santa Ana Garthe Pump Station RTU-2 (2024-Present) Worked with Leed Electric to provided Garthe Pump Station RTU-2 control panel build, PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. It also included Garthe RIO- 100, security and communication racks. All work was done to COSA automation standards. System controlled reservoir level control, well pump calls, distribution pumps, with valves and hypo dosing. The system monitored Instruments included flow, pressure, level, motor vibration intrusion, analyzers and generator/ATS. Modicon M340 PLC with Magelis HMI. GE 900Hz radio. Coordinated and tested SCADA communications with COSA staff. City Council 22 – 111 9/16/2025 10 | Page Filter / WellSite Control OEM ICS has been working with Filter / WellSite Control OEM providing turn-key RTU well site and filter control panels using Allen Bradely and Modicon PLC’s/HMI’s with SCADA interfaces for over 10 years. WMWD Western Municipal Water District, CA (2023-2025) Well Site and Filter Control Panel Build with PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. Instruments included motorized valves, pumps, flow, pressure, level, and intrusion. Controlled well pump VFD and Hypochlorite dosing pumps. Allen Bradley Compact Logix 5069 PLC with PanelView Plus 7 HMI. Coordinated and Programmed SCADA interface to control well pump, filter valves and Hypo Dosing. McPhearson, KS (2023-2025) Well Site and Filter Control Panel Build with PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. Instruments included motorized valves, pumps, flow, pressure, level, and intrusion. Controlled well pump VFD and Hypochlorite dosing pumps. Allen Bradley Compact Logix 5069 PLC with PanelView Plus 7 HMI. Needles, CA (2023-2025) Well Site and Filter Control Panel Build with PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. Instruments included motorized valves, pumps, flow, pressure, level, and intrusion. Controlled well pump VFD and Hypochlorite dosing pumps. Allen Bradley Compact Logix 1769 PLC with C-More HMI. Linda County Well 17, CA (2022- 2025) ICS provided Well Site and Filter Control Panel, Well Site MCC with ATS, Reservoir and Distribution Pump Station Control Panel, (5) Large VFD Control Panels, Distribution MCC and ATS. Build Control panels with PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. Instruments included motorized valves, pumps, flow, pressure, level, and intrusion. Controlled well pump RVS, Aeration Blower, (3) Sump Pumps, Hypochlorite generation and dosing pumps, and pressures stagging control using. Allen Bradley Compact Logix 1769 PLC with (2) PanelView Plus 7 HMI, programmed customer SCADA interface. City Council 22 – 112 9/16/2025 11 | Page Linda County Water District Linda County Water Improvements (2024- Present) ICS Online Inc. is providing turnkey services to upgrade LCWD Groundwater Treatment Plant PLC and associated control back panels components for Well Sites 3/4, 12/14, 15, and 16. The services will include identifying, documenting, labeling, and wiring components being used in the existing control systems. The parts and labor cost contained in the ICS proposal were determined from a worst-case IO list created by ICS based of the project specifications. The existing control panel drawings, existing Modicon Compact PLC programs, and information retrieved during the initial site visit were done by ICS Electrical Engineer which will be the Project Manager and Engineering Manager for the project. As part of this contract ICS will visit each wellsite to finalize the IO list and existing system wiring. ICS provided electrical schematics and a control description of the upgraded control system. ICS worked with LCWD Staff to finalize the hand drawn P&ID as well as a wire termination list. ICS provided new Allen Bradley PLC and HMI programs for the upgraded control system. ICS will replace the Well 16 Modicon Compact PLC in place on the current back panel. The control panel back panels at the other well sites were replaced with Factory wired and tested UL508A listed open control panels. ICS will provide engineering, programming, onsite control panel wiring, onsite IO testing, commissioning, and training. City Council 22 – 113 9/16/2025 12 | Page San Jose Water: Mc Laughlin Well Sites – OSHG System and NHS dosing systems (2017-2021) Provided large OSHG and NHS, storage and dosing system for several well sites on the same site, designed, built and programmed Main control panel PLC/HMI, VFD Control Panels, and SCADA interface. PLC was Modicon M580 programmed with Unity Pro. using Function Block and Magelis HMI was programmed using Viejo Designer. PLC and HMI programs became new standard for SJ Water. PLC communicated to SCADA system via onsite RTU on ethernet and then relay via GE MDS Ethernet 900Mhz Radio to Wonderware SCADA system. HMI screens were replicated on SCADA for remote monitoring and control. ICS provided Control Description, FAT, Onsite Commissioning and Startup, and PAT. Mountain Springs OSHG Storage and Dosing System (2017-2021) Provided large OSHG and NHS, storage and dosing system for reservoir on the same site, designed, built and programmed Main control panel PLC/HMI, VFD Control Panels, and SCADA interface. PLC was Modicon Quantum programmed with Unity Pro. using Function Block and Magelis HMI was programmed using Viejo Designer. PLC communicated to SCADA system via onsite RTU on ethernet and then relay via GE MDS Ethernet 900Mhz Radio to Wonderware SCADA system. HMI screens were replicated on SCADA for remote monitoring and control. . ICS provided Control Description, FAT, Onsite Commissioning and Startup, and PAT. Williams Road Station (2019-2021) Provided large OSHG and NHS, storage and dosing system for well sites and reservoir on the same site, designed built, and programmed Main control panel PLC/HMI, VFD Control Panels, and SCADA interface. PLC was Modicon M580 programmed with Unity Pro. using Function Block and Magelis HMI was programmed using Viejo Designer. PLC and HMI programs using previously developed standard for SJ Water. PLC communicated to SCADA system via onsite RTU on ethernet and then relay via GE MDS Ethernet 900Mhz Radio to Wonderware SCADA system. HMI screens were replicated on SCADA for remote monitoring and control. ICS provided Control Description, FAT, Onsite Commissioning and Startup, and PAT. Mc Laughlin Well Sites – Fluoride Building Storage and Dosing System (2022-Present) Provided large Fluoride storage and dosing system for multiple well sites on the same site, designed built, and programmed Main control panel PLC/HMI, life safety, and SCADA interface. PLC was Modicon M580 programmed with Unity Pro. using Function Block and Magelis HMI was programmed using Viejo Designer. PLC and HMI programs using previously developed standard for SJ Water. PLC communicated to SCADA system via GE MDS Ethernet 900Mhz Radio to Wonderware SCADA system. HMI screens were replicated on SCADA for remote monitoring and control. ICS provided Control Description, FAT, Onsite Commissioning and Startup, and PAT. City Council 22 – 114 9/16/2025 13 | Page Water Los Gatos - Inflatable Dam Control Panel and SCADA Integration (2024-Present) Provided Control system to control automatic inflatable rubber dam system. Designed, built and programmed main control panel with PLC/HMI, Blower and Valves, and SCADA interface. PLC was Modicon M580 programmed with Unity Pro. using Function Block and Magelis HMI was programmed using Viejo Designer. PLC and HMI programs using previously developed standard for SJ Water. PLC communicated to SCADA system to Reservoir RTU via GE MDS Ethernet 900Mhz Radio to Wonderware SCADA system. HMI screens were replicated on SCADA for remote monitoring and control. ICS provided Control Description, FAT, Onsite Commissioning and Startup, and PAT. City Council 22 – 115 9/16/2025 14 | Page Onsite Hypochlorite Generation and Water Treatment OEM’s: ICS has been worked with several Onsite Hypochlorite Generation and Water Treatment OEM’s to design, build, and program PLC/HMI based water treatment systems for over 10 years. In the last 5 years ICS has built 100’s of control panels. ICS has also programmed and assisted with startup on several systems using Allen Bradley, and Siemens PLC's and HMI. City Of Oklahoma – OSHG and Bisulfate Storage and Dosing Systems (2023-2025) Multiple OSHG systems, Master PLC Control Panel OSH and Bisulfate Dosing and storage system. Local control panels were Compact Logix 1769 with PanelView Plus HMI. Master PLC was ControlLogix PLC with Panel View Plus HMI. PLC program was a mixture of function block per the City’s standard. The PanelView HMI were programmed to replicated the look and function of Aveva System Platform SCADA screens. SCADA interface was simulated and tested with PLC and HMI at ICS. ICS provided FAT at ICS, assisted with PAT at OEM site and will provide onsite and remote start-up City Of Gwinnett Georgia – OSHG Storage and Dosing Systems (2023-2025) Multiple OSHG systems, Master PLC Control Panel OSH Dosing and storage system, with Dilution Control system. Local control panels were Compact Logix 1769 with PanelView 5000 HMI. Master PLC was ControlLogix PLC with PanelView 5000 HMI. PLC program was programmed in ladder logic per the OEM’s standard. The PanelView HMI were programmed to replicated the look and function of Aveva System Platform SCADA screens. SCADA interface was simulated and tested with PLC and HMI at ICS. ICS provided FAT at ICS, assisted with PAT at OEM site and will provide onsite and remote start-up Regina Canada – 2 Large Reservoir Management System Provided Reservoir Management system for 2 large reservoirs on the same. The Main control panel was 600VAC with a 400A main circuit breaker. It controlled (14) Aerators Motor Starters, (4) Powervent VFD’s, and (4) Mixer VFD’s. Control panel had 5 interlocking sections and was UL listed for Canada. Designed, built and programmed Main control panel PLC/HMI, life safety, and SCADA interface. PLC was Modicon M340 programmed with Unity Pro using Function Block and Magelis HMI was programmed using Viejo Designer. PLC and HMI programs using previously developed for the OEM. PLC communicated to SCADA system via GE MDS Ethernet 900Mhz Radio to Wonderware SCADA system. HMI screens were replicated on SCADA for remote monitoring and control. ICS provided Control Description, FAT, Onsite Commissioning and Startup, and PAT. City Council 22 – 116 9/16/2025 15 | Page ICE Company: ICS has been working with a local company that produces and bags ICE for resale throughout the state of California for over 10 years. ICS provides 24 hour remote and onsite service for both the Milpitas and Modesto plant. Modesto PLC Plant Upgrade Project 1(2022) Replace Main Freezer and ICE packaging lines GE 9030 PLC and IO and 3 remote IO drops located in roof mount ICE makers. Back up GE PLC program and translate to Allen Bradley Studio 5000 software. Existing HMI was replaced with Aveva System Platform SCADA system. The SCADA PC was loaded with PLC and HMI programming software that allowed ICS to remote access to assist with trouble shooting and make additional changes. Field work included remove old PLC from existing control panels, re-wiring, replace wire labels, and install ferrules. Install new Allen Bradley 1769-L33ER PLC and 12 IO cards into existing control main panel located in freezer. Additional circuit protection, and relays and Power Supplies were added as needed. At the same time, we removed 3 Remote IO drops located in roof mount control panels. The replacement of all main PLC and 2-3 remote IO drops were completed onsite during a 3-day shutdown. We did the IO check out on the 3rd day. This was followed by 3 days of commissioning and startup. Modesto PLC Plant Upgrade Project 2(2023) Replace PLC ICE maker 3 Automation Direct (GE -Series 1) PLC in place. Replace Automation Direct program and translate to Allen Bradley Studio 5000 software to be added as 4th RIO drop to recently upgrade Allen Bradley 1769-L33ER PLC. Integrate into existing Aveva System Platform SCADA system. Remove old PLC wiring, replace wire labels, and install ferrules. Install new Allen Bradley Flex IO Ethernet adapter and IO cards into existing roof mount ice maker control panel. Additional circuit protection, and relays and Power Supplies were added as needed. The replacement of the 4th ICE Maker control panel remote IO was completed onsite during a 1-day shutdown. We completed the IO check out the same day. This was followed by 1 days of commissioning and startup. City Council 22 – 117 9/16/2025 16 | Page f. References: - Additional references can be provided upon request. City of Santa Ana Contact: Juan Ramirez Water Services Production Supervisor Water Resources Division - 220 S. Daisy Avenue, Santa Ana, CA 92703 O.714-647-3377|M.714.356.7244 Linda County Water Contact: Javier Rios, P.E. District Engineer Linda County Water District O: (530) 743-2481 | M: (916) 475-3339 jrios@lindawater.com San Jose Water Contact: Ulises Ramirez SCADA/Control Systems Developer San Jose Water Company 1221A South Bascom Ave San Jose, CA 95128 O: (408) 918-8295 | M: 318-5770 ulises.ramirez@sjwater.com Arctic Glacier: Contact: Frank Martin Maintenance Supervisor Arctic Glacier 1440 Coldwell Ave, Modesto, CA 95350 O: (800) 562-1990 | M: (209) 649-2496 fmartin@arcticglacier.com City Council 22 – 118 9/16/2025 17 | Page 2.Scope of Services: ICS will provide numerous programming services from many manufactures. ICS will document and submit all programming properly for the city both physically and digitally. ICS will ensure code is easy to follow with annotations using the City of Santa Ana standards and templates. Projects will be done on an estimate basis. These estimates will need to be approved by the city’s designated Project Manager. ICS will invoice the city on a monthly basis. ICS will program the following Modicon PLCs as required using the (software): 1.Momentum (Concept 2.6) 2.Advantys IO (Advantys Configuration Software) 3.M340 (Ecostructure Control Expert/Unity Pro 11) ICS will program Modicon HMI‘s using: 1.Magelis (Viejo Designer 2.6) ICS will provide the following services: 1.ICS will document existing control circuits with no current records. ICS will be able to produce system design narratives, spreadsheets, and process flow documentation from these unknown circuits. 2.ICS will troubleshoot field existing control panels and circuits. ICS will also be able to find root issues that are affecting the current process. 3.ICS will modify and troubleshoot existing PLC/HMI programs as needed. ICS can also write brand new programs for both PLCs and HMIs. 4.ICS will provide HMI programming support. ICS can modify existing as well as create new HMI screens. ICS is also capable of troubleshooting HMI programs. 5.ICS will provide PLC technical and maintenance support such as updating firmware, testing possible failing PLC components, as well as point to point IO testing. 6.ICS will provide support for dedicated SCADA networks including ethernet. ICS will troubleshoot and solve issues with network switches and communication. 7.ICS will provide bench/FAT testing at the request of the city. Results must be approved by the city prior to field commission. 8.ICS will provide PLC programming commissioning and support as needed by the city. 9.ICS will continue to provide an ICS laptop with the required software to allow ICS to provide remote programming assistance to on call 24/7 city employees using a city provide hot spot during the project. ICS will provide workmanship which is in compliance with all of the following codes: 1.IEEE 2.NFPA 3.ASTM 4.NETA 5.CAL/OSHA City Council 22 – 119 9/16/2025 City of Santa Ana 220 S. Daisy Avenue Santa Ana, CA 92703 Juan Ramirez 714-647-3377 Linda County Water Javier Rios, P.E. (530) 743-2481 San Jose Water Ulises Ramirez 1221A South Bascom Ave San Jose, CA 95128 (408) 918-8295 1280 Scales Ave Marysville, CA 95901 Panel Build, Programming, Start-up Panel Upgrade, Programming, Start-up 2024-Present 2020-Present 2017-Present $430,341 $222,930 $352,258 Panel Build, Programming, Start-up City Council 22 – 120 9/16/2025 Frank Martin Arctic Glacier 1440 Coldwell Ave Modesto, CA 95350 (800) 562-1990 Arctic Glacier 2022-2023$80,848 Panel Upgrade, Programming, Start-up City Council 22 – 121 9/16/2025 City Council 22 – 122 9/16/2025 City Council 22 – 123 9/16/2025 City Council 22 – 124 9/16/2025 City Council 22 – 125 9/16/2025 City Council 22 – 126 9/16/2025 City Council 22 – 127 9/16/2025 PERSONNEL PROFILE Name: Steven Robert Scrosati Title: Engineering Manager / Lead Control Systems Engineer Years of Experience: Over 30 years’ experience in control system engineering and management, of Industrial electrical control panel design, fabrication, and programming for OEM and end users in the power, chemical, semiconductor, water treatment Industries. Education: 10/1986 - 12/1990 University of California, Berkeley, CA -BA with Major in Physics Laboratory Work includes: MRI, Custom data acquisition system, electronics, lasers, Microwave and Gamma Ray generator experiment 09/1991 - 12/1992 California State San Jose, CA - Master of Science in Semiconductor Physics (1 class and thesis short of completion) Solved Electron wave functions for FE304, work was published in Scientific Journal for Physics C. Work used applied to High Temperature Superconductor Material Industrial Components – Hands On experience, Training classes/ Certificates:  ABB – Push Buttons, Relays, Circuit Breakers, Motor Controls, VFD’s, and signal converters  AC tech – VFD’s  Allen Bradley – Push Buttons, Relays, Circuit Breakers, Motor Controls, VFD’s, Servo Drives, Stratix Ethernet Switches  Allen Bradley – Micro800, Micrologix, SLC500, PLC5, PLC’s Control PAC, PV,PV+, PV Component, PV800  Rockwell – Connected Component Work Bench, RSLogix 5, RSlogix500, Studio 5000, Factory Talk View  Automation Direct – Push Buttons, Relays, Circuit Breakers, Motor Controls, VFD’s, PLC’s., PAC, and HMI  Cognex – Camera Controllers, Vision Training  FreeWave – 900 Mhz Industrial serial and Etherent Radios’s  GE Fanuc – Series 1, 9030, 9070 PLC’s, RX3i PAC, LM 90, Proficey, IFIX32, and Robot controllers  Indusoft – Web Studio SCADA software with visual basic  Inductive Automation - Ignition SCADA software with My SQL  Matrox – Camera Controllers Vision Training  Modicon - Modsoft, Concept, Proworks, Proworks32, Viejo Designer, Magelis HMI, So machine, Unity Pro Control Expert, Operator Interface Expert  Microsoft - Visual C++, Visual Basic, Access, Excel, Word, Power Point, SQL  NTRON – Industrial Hardened Ethernet Switches  Omron – CH, CJ1 PLC’s, NJ and NX– PLC w/ Motion controllers and SQL, NX/NS HMI, Servo Drives  Object Automation – Web Studio SCADA / OPC  Phoenix Contact – Signal Converters, Relays, Terminal Blocks, Ethernet Switches, Radios, PLC and HMI  Redlion – HMI, PID controllers, Digital Meters, and signal converters  Rockwell Automation – RSLogix5, RSLogix500, RSlogix5000, Factory View, Kinetics, Motion, RS networks, Connected Component Work Bench, Studio 5000, Factory Talk View ME and SE.  Schneider Electric – S0 Machine Expert, Aveva Edge Studio, Aveva System Platform  Wonderware Machine Edition, Intouch Version 7,8,9, and 10., Soft PLC, ArchestrA,  Siemens - Push Buttons, Relays, Circuit Breakers, Motor Control, VFD’s, S7-200,500,1200,1500, and HMI  Square D – Push Buttons, Relays, Circuit Breakers, Motor Controls, VFD’s  Uticor – HMI  US Data – Factory Link SCADA City Council 22 – 128 9/16/2025 Professional Experience: 2000-Present ICS Online Inc., Ripon CA. Engineering Manager/Lead Control Systems Engineer. Provide estimate and sales support, Manage integration team of 3-5 control systems engineers, and 2-14 electrical technicians for large plant and factory automation projects in the Power, chemical, petrol-chemical, pharmaceutical, semiconductor, water treatment, and food industries. Worked with OEM’s to designed and developed UL508A. NBRX, and NNY control panels and SCADA systems for agriculture, food processing, semiconductor abatement, toxic gas management, energy storage, wind turbines, solar trackers, hypochlorite generation, AGV’s. Provide onsite and remote support and ongoing for existing water treatment facilities instrumentation, motor control, VFD’s, PLC’s and SCADA systems. Design and build projects for Well Site water treatment, lift stations and distribution systems for public works. 2015-2025 Yosemite Community College District, Modesto CA – Adjunct Professor for College of Technical Education. Developed and taught hands-on training of Rockwell Software on custom designed Automations Trainers with Laptops, PLC, PAC, Servo Drives, VFD’s and HMI to 5-20 students per semester. Software included RS500, RS5000, Studio 500, Factory Talk View HMI and SCADA. 1996-2000 Engineered System Integration Inc., Walnut Creek CA. Lead Control Systems Engineer. Managed engineering integration team of 2-4 control system engineers, for large plant and factory automation projects in the Power, chemical, petrol-chemical, pharmaceutical, semiconductor, water treatment, and food industries. Includes integration of large semiconductor fab for TI, oversaw the integration of 40 bulk chemical skids with SLC504, 400 gas cabinets with GE9030’s, and 32 facility PLC’s with Siemens C5 PLC’s into 4 FIX32 HMI’s with oracle data base. Retrofitted two large Power Plants for NCPA, replaced Foxboro DCS with redundant PLC 5/80’s and 2 redundant nodes of FIX32. Retrofitted NUMMI, truck pant facility, re-programmed 30 PLC 5/40’s; add RFID readers, and Wonderware Intouch HMI and ArchestrA SCADA. 1995-1996 Aspen Timco, Benicia CA. Control Systems Engineer – Oversaw the design and fabrication of UL industrial control panels for the Chemical, Petrol-Chemical, Water Treatment, and Semiconductor Facilities. PLC programming with AB SLC 500’s, GE 9030’s, GE 9070, Modicon 984. HMI Programming Wonderware, Fix32. 1994-1995 Cal Tech Control, Livermore CA. Sales Engineer for Industrial Control Components worked with northern CA water and utility districts to develop specifications for power plants and water treatment plants using Square D, Modicon, US Data Factory Link products. Created estimates and bills of material for customers including system integrators and utility districts. Trained customers and assisted in start-ups and retrofit Modicon PLC and Squared VFD's. 1992-1994 Advanced Environmental Dynamics, Vallejo CA. Engineering Manager oversaw the electrical and mechanical design, fabrication, and installation of environmental research and production facilities including Micro- Biology Research, Pharmaceutical Production, Optical Assembly, Plant Growth Chambers, and Clean Rooms. Directly managed a CAD operator, mechanical engineer, two successfully completed designs and fabrication of large optical assembly facility for the A-1 Abrams, for the US Army. Successfully over saw the design, fabrication, and installation of over 40 Microbiology Research Chambers for UCLA, UCSD, and UCSC. Successfully over saw the design, fabrication, and installation of 3 fully automated Plant Growth Chambers for USDA at UCR. We built and programmed control panels in house with Modicon PLC and Honeywell Controls. We design and built custom mechanical systems, including blowers, refrigeration systems, heaters, prefabricated wall systems, structural steel, automatic temperature lighting and watering systems. 1991-1992 Wafab, San Ramon CA – Control Systems Engineer, over saw the manufacturing and electrical assembly of wet etch semiconductor wafer processing equipment, including automated and automated wet benches. Redesign circuit boards and UL listing equipment. Implemented first PLC designs PLC's and Operator Terminals. 1987 – 1991 University of California Mass Spectrometry Facility, San Francisco CA - Electronic Technician, worked to improve performance and data collection on several cutting-edge Mass Spectrometers. The lab had a dual Mass Spectrometer used in cutting edge aids research. Maintained control circuitry, power supplies, vacuum and cooling systems. I developed high voltage DC power supplies, and programmed Lab View SCADA systems. City Council 22 – 129 9/16/2025 PERSONNEL PROFILE Name: Alexander Scrosati Title: Electrical Engineer / Project Manager / Estimator Electrical Engineering Project Manager: 2022 to Present: Estimates projects and panel builds. Ensures projects are meeting electrical specifications. Selecting parts based off calculations/specifications. Performs preliminary panel loading calculations for both heat and power. Handles day to day Engineering issues and tasks. Receives customer feedback for design and production. Enforces deadlines as well as communicates goals with production staff. Manages production schedule, informs staff of changes or delays. Project planning and brainstorming. Troubleshoot complex electrical issues in person and remotely. Solve design challenges. Can provide Electrical Engineering consultation. Manages technicians on site. Testing and performing quality control on physical panels. Reviewing electrical schematics for quality control. Approves panels and BOM for fabrication. Design Engineering Manager: 2016 to 2022: Responsible for the planning and design of Industrial Electrical Control systems. These systems include motor control systems, PLCs, instrumentation, variable speed AC and DC drives and electrical power distribution. Understand and design industrial panel electrical schematics. Utilizes AutoCAD Electrical to design and engineer electrical control systems, design panel schematics and layouts and assemble project drawing package research material specifications and sources for the building of the required Bill of Materials for assigned projects. Understand and incorporate feedback from panel builder, field electricians and programmers to modify drawing package as needed. Raise questions as needed to develop a complete understanding of design intent and applicable design best practices and internal company standards. Perform Quality Control Assurance of Panel Built in panel shop. Understanding of electrical theories and principles, and writing specifications. Understanding of basic relay logic. Wire Technician: 2010 to 2016: Assist in various operations of a UL508A Panel Shop. Review control panel layout design. Keep inventory of panel components. Maintain hardware and miscellaneous supplies on a regular basis. Assemble control panels based on AutoCAD schematics. Label components using computerized labeling systems. Review enclosures for damage. Blow out panels, finalize packaging requirements. City Council 22 – 130 9/16/2025 Wire assembly requirements. Review AutoCAD schematics to determine, wire gauge and ferrules to be utilized during wire assembly. Measure length of distance to and from components to determine wire fabrication. Assemble all ground wires first, following AC wires and then DC wires. Strip wires to crimp ferrules and label each wire according to panel schematics using tube printer. Land each wire onto components using designated tools. All labels face up. Create wire assemblies for all control panels. Maintain a clean work area. Hands On/Work Experience:  Troubleshooting, diagnosing, and repairing electronics  Identifying electrical components and their schematic symbols  Determining voltage, current, resistance and power by calculations and measurements  Operating test equipment: digital multi-meters, oscilloscopes, and AC power generators  Soldering surface mount components  DC-AC Electronics  PCB Design  Electronic Communications  Programmable Logic Controllers (PLC)  Motors  Reading and understanding specifications and schematics  Design UL508A Control Panels  Estimate UL508A Control Panels  Estimate projects  Field experience in trouble shooting and installation Education:  Marshall University, West VA Mechanical Engineering Courses  Modesto Junior College Industrial Wiring Courses  University of the Pacific, CA BS in Electrical Engineering City Council 22 – 131 9/16/2025 PERSONNEL PROFILE Name: Bradley De Lap Title: Automation Specialist Program PLCs and Design HMI Interfaces to operate custom control systems. Create supporting documents for system operation. Collaborate directly with customers to meet deadlines and ensure correct system functionality. Relevant Project Experience at ICS: Needles, CA Program PLC, HMI, SCADA Interface Well Site and Filter Control Panel Build with PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. Instruments included motorized valves, pumps, flow, pressure, level, and intrusion. Controlled well pump VFD and Hypochlorite dosing pumps. Allen Bradley Compact Logix 1769 PLC with C-More HMI. Linda County Well 17, CA Program PLC, HMI, SCADA Interface ICS provided Well Site and Filter Control Panel, Well Site MCC with ATS, Reservoir and Distribution Pump Station Control Panel, (5) Large VFD Control Panels, Distribution MCC and ATS. Build Control panels with PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. Instruments included motorized valves, pumps, flow, pressure, level, and intrusion. Controlled well pump RVS, Aeration Blower, (3) Sump Pumps, Hypochlorite generation and dosing pumps, and pressures stagging control using. Allen Bradley Compact Logix 1769 PLC with (2) Panelview Plus 7 HMI, programmed customer SCADA interface. Linda County Water Improvements Program PLC, HMI, SCADA Interface ICS Online Inc is providing turnkey services to upgrade LCWD Groundwater Treatment Plant PLC and associated control back panels components for Well Sites 3/4, 12/14, 15, and 16. The services will include identifying, documenting, labeling, and wiring components being used in the existing control systems. The parts and labor cost contained in the ICS proposal were determined from a worst-case IO list created by ICS based of the project specifications. The existing control panel drawings, existing Modicon Compact PLC programs, and information retrieved during the initial site visit were done by ICS Electrical Engineer which will be the Project Manager and Engineering Manager for the project. As part of this contract ICS will visit each wellsite to finalize the IO list and existing system wiring. ICS provided electrical schematics and a control description of the upgraded control system. ICS worked with LCWD Staff to finalize the hand drawn P&ID as well as a wire termination list. ICS provided new Allen Bradley PLC and HMI programs for the upgraded control system. ICS will replace the Well 16 Modicon Compact PLC in place on the current back panel. The control panel back panels at the other well sites were replaced with Factory wired and tested UL508A listed open control panels. ICS will provide engineering, programming, onsite control panel wiring, onsite IO testing, commissioning, and training. City Council 22 – 132 9/16/2025 City Of Oklahoma – OSHG and Bisulfate Storage and Dosing Systems Program PLC, HMI, SCADA Interface Multiple OSHG systems, Master PLC Control Panel OSH and Bisulfate Dosing and storage system. Local control panels were Compact Logix 1769 with Panelview Plus HMI. Master PLC was control logix PLC with Panel View Plus HMI. PLC program was a mixture of function block per the City’s standard. The PanelView HMI were programmed to replicated the look and function of Aveva System Platform SCADA screens. SCADA interface was simulated and tested with PLC and HMI at ICS. ICS provided FAT at ICS, assisted with PAT at OEM site and will provide onsite and remote start-up City Of Gwinnett Georgia – OSHG Storage and Dosing Systems Multiple OSHG systems, Master PLC Control Panel OSH Dosing and storage system, with Dilution Control system. Local control panels were Compact Logix 1769 with PanelView 5000 HMI. Master PLC was control logix PLC with PanelView 5000 HMI. PLC program was programmed in ladder logic per the OEM’s standard. The PanelView HMI were programmed to replicated the look and function of Aveva System Platform SCADA screens. SCADA interface was simulated and tested with PLC and HMI at ICS. ICS provided FAT at ICS, assisted with PAT at OEM site and will provide onsite and remote start-up Education: 2022-2024 Certificate of Achievement | Industrial Electronics Modesto Junior College Completed courses pertaining to the industrial electrical field such as PLC & VFD Programming, controls, and electrical theory with a focus on industrial maintenance. Work Experience: 2022-2024 Industrial Electrician ConAgra Brands | Oakdale, CA Directly coordinated with operators and other maintenance personal to quicky troubleshoot electrical and controls issues. Performed plant PMs to keep plant equipment operational and increase MTBF. Worked safely while following NFPA 70E guidelines. 2018-2022 Machine Operator ConAgra Brands | Oakdale, CA Operated various bag-in-box and canned food cooking equipment. Ensured cooking times and temperatures met all FDA guidelines. Documented all process information and anomalies. Supported management by reducing equipment downtime. 2016-2018 Fulfillment Associate Amazon.com | Tracy, CA Worked with others to receive incoming merchandise. Used product database to help others alleviate receive issues due to missing barcodes or Purchase Orders. Led special projects as needed to meet demands. Hands On/Work Experience: City Council 22 – 133 9/16/2025 Experience with automated systems and troubleshooting techniques in industrial environments. Work directly with customers to ensure needs are met. Familiar with PLCs, HMIs, VFDs, RTDs, control theory and process flows. Specializing in Allen-Bradley products. Enjoy working independently or with others in different environments. City Council 22 – 134 9/16/2025 PERSONNEL PROFILE Name: Fabiana F. Scrosati Title: Manager/ Engineer Auto CAD Work Experience: 2021 - Present ICS Online Inc. Ripon, California Electrical Engineer  Design of control panel layout and electrical schematics in AutoCAD.  Design of the Control system with different PLC families (Contr olLogix, CompactLogix, MicroLogix, Modicon, Siemens, Omron and more).  Design of the Motor Control system with different VFD families (PowerFlex, ABB Controls, Yaskawa and more).  Perform of control panel electric calculations as FLA, Heat Load, UPS, Power Supply.  Selection, sizing and contrast of technical sheets of control equipment following customer and UL508 standards.  Build CAD Library with dynamic blocks that allow flexibility and efficiency in the design of layouts.  Revision of customer specifications to meet all design requirements.  Management of the CAD department, including management of multiple projects, as-built red- lines, customer red-lines, among others.  Reading P&IDs, MCC, single line, electrical schematics, among others.  Constant communication with the client, monitoring of project, among others. 2018 - 2019 CONTROLTEK Arequipa, Peru Sales Engineer Controltek was a company that develops comprehensive solutions in automation and process control in the mining industry. Being a recognized integrator of Allen Bradley and Rockwell Automation in Peru Performance in the company:  Design of control panels on the ControlLogix, CompactLogix and MicroLogix platforms with Rockwell software.  Elaboration of technical-economic proposals for the supply of engineering equipment and services.  Sizing of VFD power boards on the PowerFlex platform, direct-on-line starting and distribution boards.  Selection and sizing of control equipment.  Structure design in AutoCAD.  Revision of supplier quotation.  Contrast of technical sheets of equipment.  Reading of single-line, electrical and distribution plans.  Constant communication with the client, monitoring of quotes, among others. City Council 22 – 135 9/16/2025 2015 HIFI MICROELECTRONIC Arequipa, Peru Sales of electronic components  Sale of microelectronic components (resistors, capacitors, diodes, transistors, logic gates, among others).  Customer service.  Stock review.  Use of replacement software. Hands On/Work Experience: Experience with automated systems and troubleshooting techniques in industrial environments. Work directly with customers to ensure needs are met. Familiar with PLCs, HMIs, VFDs, RTDs, control theory and process flows. I consider myself an expert in my area of work, with passion for challenges, innovation and working with the customer. Education: 2019 ADVANCED AUTOCAD Arequipa, Peru INFOUNSA 2019 INTEGRATION AND SUPERVISION OF CONTROL SYSTEMS Arequipa, Peru TECSUP 2014 - 2018 Electrical Engineer Arequipa, Peru University Catholic Santa Maria City Council 22 – 136 9/16/2025 PERSONNEL PROFILE Name: Matt Decker Title: Automation Specialist HMI and PLC Programmer, I specialize in designing, developing, and implementing control systems to optimize automated processes in various industrial settings. My role extends beyond programming to include quality control for the panels we build in-house, ensuring each system meets the highest standards of accuracy and reliability. Key Responsibilities:  Design, program, and configure Human-Machine Interfaces (HMIs) and Programmable Logic Controllers (PLCs) for various automation projects.  Collaborate with engineering teams to develop scalable and efficient system solutions tailored to specific project requirements.  Conduct systematic quality control by comparing wiring in panels with CAD drawings to ensure compliance and precision.  Perform system testing and troubleshooting to ensure optimal performance, safety, and compliance with industry standards.  Create detailed documentation, including functional specifications, programming guides, and user manuals.  Provide technical support and training to end-users, ensuring seamless integration and operation of HMI and PLC systems.  Stay updated with the latest technologies and industry trends to continually improve system functionality and efficiency.  Work on-site and remotely to assist with installation, commissioning, and maintenance of control systems. Qualifications: Proven experience with HMI and PLC programming (e.g., Siemens, Allen-Bradley, Schneider Electric). Strong knowledge of industrial communication protocols (e.g., Modbus, Ethernet/IP, Profibus). Proficient in troubleshooting and resolving complex technical issues. Excellent analytical, problem-solving, and communication skills. Ability to work effectively both independently and as part of a team. Relevant Programing Experience While at ICS: Mc Laughlin Well Sites – Fluoride Building Storage and Dosing System Provided large Fluoride storage and dosing system for multiple well sites on the same site, designed built, and programmed Main control panel PLC/HMI, life safety, and SCADA interface. PLC was Modicon M580 programmed with Unity Pro. using Function Block and Magelis HMI was programmed using Viejo Designer. PLC and HMI programs using previously developed standard for SJ Water. PLC communicated to SCADA system via GE MDS Ethernet 900Mhz Radio to Wonderware SCADA system. HMI screens were replicated on SCADA for remote monitoring and control. HMI screens replicated on SCADA for remote monitoring and control. ICS provided Control Description, FAT, Onsite Commissioning and Startup, and PAT. Water Los Gatos - Inflatable Dam Control Panel, PLC/HMI Programing and SCADA Integration Provided Control system to control automatic inflatable rubber dam system. Designed, built and programmed main control panel with PLC/HMI, Blower and Valves, and SCADA interface. PLC was Modicon M580 programmed City Council 22 – 137 9/16/2025 with Unity Pro. using Function Block and Magelis HMI was programmed using Viejo Designer. PLC and HMI programs using previously developed standard for SJ Water. PLC communicated to SCADA system to Reservoir RTU via GE MDS Ethernet 900Mhz Radio to Wonderware SCADA system. HMI screens were replicated on SCADA for remote monitoring and control. ICS provided Control Description, FAT, Onsite Commissioning and Startup, and PAT. Regina Canada – 2 Large Reservoir Management System, PLC/HMI Programing and SCADA Integration Provided Reservoir Management system for 2 large reservoirs on the same. The Main control panel was 600VAC with a 400A main circuit breaker. It controlled (14) Aerators Motor Starters, (4) Powervent VFD’s, and (4) Mixer VFD’s. Control panel had 5 interlocking sections and was UL listed for Canada. Designed, built and programmed Main control panel PLC/HMI, life safety, and SCADA interface. PLC was Modicon M340 programmed with Unity Pro using Function Block and Magelis HMI was programmed using Viejo Designer. PLC and HMI programs using previously developed for the OEM. PLC communicated to SCADA system via GE MDS Ethernet 900Mhz Radio to Wonderware SCADA system. HMI screens were replicated on SCADA for remote monitoring and control. ICS provided Control Description, FAT, Onsite Commissioning and Startup, and PAT. City of Santa Ana Well 32 Rehabilitation, PLC/HMI Programing and SCADA Integration Worked with Southern Electric to provided Well 32 Well RTU control panel build, PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. It also included Garthe RIO-100, security and communication racks. All work was done to COSA automation standards. System controlled well pump, and with valves The system monitored Instruments included flow, pressure, level, motor vibration intrusion, analyzers and generator/ATS. Modicon M340 PLC with Magelis HMI. GE 900Hz radio. Coordinated and tested SCADA communications with COSA staff. City of Santa Ana - Garthe Pump Station RTU-2, PLC/HMI Programing and SCADA Integration Worked with Leed Electric to provided Garthe Pump Station RTU-2 control panel build, PLC and HMI, Programming, Control Panel FAT, IO Check Out startup and commissioning. It also included Garthe RIO-100, security and communication racks. All work was done to COSA automation standards. System controlled reservoir level control, well pump calls, distribution pumps, with valves and hypo dosing. The system monitored Instruments included flow, pressure, level, motor vibration intrusion, analyzers and generator/ATS. Modicon M340 PLC with Magelis HMI. GE 900Hz radio. Coordinated and tested SCADA communications with COSA staff. Hands On / Work Experience: State and local codes Calibration equipment OSHA Guidelines Diagnostics and troubleshooting 3 Phase Circuitry Control systems Data Systems Conduit Bending Industrial Wiring Motor Controls Wiring Layouts Electrical Installations Education: 2023-01 - 2025-05 Associate of Science: Industrial Electrical Installation Modesto Junior College - Modesto, CA 2023-01 Associate of Science: U.S. History Certifications 2023-04 TWIC Certificate - Government issued Maritime Port Clearance 2023-03 ERail-Safe UPRR Clearance Certificate 2024-01 CAL-OSHA Ariel Lift and Boom Lift Certification 2021-06 - 2022-12 Apprentice Electrician A Wise Choice Electrical, Modesto, CA City Council 22 – 138 9/16/2025 PERSONNEL PROFILE Name: Bobby Bejaran Title: Production Manager Work Experience: April 2007-to-Present: As Production Manager responsibilities include, supervision and delegating of production and shop staff to maintain production schedule also coordinate with other departments to achieve production commitment dates. Work directly with design engineers to optimize electrical control panel layouts. Facilitate smooth operations and compliance with safety and quality standards. Redline changes that occur during wire assembly phase of electrical panel builds. Ensure the various operations of UL508A and UL698 requirements are compliant. Maintain communication with shipping/receiving staff to track long lead time panel components. Maintain hardware and miscellaneous supplies on a regular basis. Oversee complete electrical control panel build operations. Inspect enclosures, back panels, components for damage. Finalize all packaging requirements. Maintain and generate reports analyzing, communicating and documenting control panel production. Able to test on-site in a variety of industrial facilities. Support engineers on design of UL508A standards. Test new systems and adhere to quality control procedures. Coordinate with tech team to develop integration plans and technical profiles. Train new electrical technicians on company standards and performance guidelines. Education:  ITT Technical Institute, Rancho Cordova CA, A.A.S. Degree, Electronics Engineering Technology September 1998 Hands On/Work Experience:  Identify, diagnose, and repair electrical control systems at the highest level  Work with engineers, technicians, production personnel to achieve successful product development projects  Configure and test PLCs and other control system components to ensure proper functionality  Document and implement complex control system changes  On-site experience with wide variety of equipment and instrumentation devices that measure, monitor, and control various physical quantities in industrial application processes  DC-AC Electronics  Digital Fundamentals  Solid State Devices  Integrated Circuits  Electronic Communications  Microprocessors and Microcontrollers  Programmable Logic Controllers (PLC)  Troubleshoot, Diagnose and Repair Electronics Certified Custom Builders – Supervisor 2002/2007 Bills Drywall - Maintenance 2000/2002 RicTech Electric - Lead Technician 1998/2000 City Council 22 – 139 9/16/2025 EXHIBIT C COMPENSATION City Council 22 – 140 9/16/2025 City Council 22 – 141 9/16/2025 City Council 22 – 142 9/16/2025 ICS Hourly services break down Service Hourly Rate CAD 95.00$ Wire Tech ICS 78.00$ Wire Tech Assist Onsite 165.00$ Programing at ICS 125.00$ Programing Onsite 225.00$ City Council 22 – 143 9/16/2025 AGRX,EMf,NT WITH KDC SYSTEMS TO PROVIDE PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTTNG SERVICES THIS ACREEM ENT is made and entered into on this l6th day ofseptembc., 2025 by and b€tween KDC lnc., a Califomia corpomtion, DBA KDC Systems, ("Consultant"), and the Ciry of Santa An& a chaner city and municipal corpoiation organized and existing under the Constitution and laws ofthe State of Califomia ("City"). RECITALS l. On April24, 2025 the City issued Request for Proposal ("RIP") No. 25-046, by which it sought qualified consultans to provide programmable logic connoller (PLC) progamming and consulting serrices for the City's Public Worlc Agency. 2. Consultant submited a responsive proposal that was among those s€lected by the City. Consultant reprcsents that it is able and willing to provide the services describ€d in the scope ofwork that was included in RFP 25-046. 3. In undenaking the performance ofthis Agrcemen! Consultant represents that it is knowledgeable in its field and that any services performed by Consultant uoder this Agreement will be performed in compliance with such standards as may rBsonably be expected liom a professional consulting firm in the field. NOW THERErORE, in consideration ofthe mutual and respective promis€s, and subject to the terms and conditions hercinaftcr set fo(h, the Parties agrce as follows: I. SCOPE OF SERVICES Ar the City's sole discrction. the Consultant shall perform the services described in the scope of work that was included in RFP No. 25-046, which is attached hereto as Erhibit A and incorporated in full, and firther delineated in Consultant's proposal, attached hereto as Erhibit B and incorporated in full. 2. COMPENSATION a. City neither wa.naflts nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Ethibir C. Consultanl is one of three (3) consultants selected to provide PLC progt'amming and consulting services under RFP 25- 046. The total compensation for lhese s€rvices provided by all such consultanls selected uoder RFP 25{46 shall not exceed the sharcd aggregate amount of Two Million and Five-Hundred Thousand Dollars ($2,500,000) during the term ofthe Agreemen! including any exlension periods. b. Palment by City shall be made within 45 days (forty-five) days following receipt EXHIBIT 3 City Council 22 – 144 9/16/2025 of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set fonh in the Recitals which may reasonable be expecled by City. 3. TERM This Agieement shall commence on the date first written above and continue for a thrce (3) year term thmugh September 15. 2028. unless terminat€d ea.lier in accordance with Section 16, below. The term ofthis Agrrement may be extended for up to two (2), one-year periods upon a w nen cxeclted by the City Manager and the City Attomey. 4. INDEPENDENTCONTRACTOR Consultant shall, during the entire term of this A$€ement, be construed to be an independent Consultant and not a[ employee ofthe City. This Ageement is not intended nor shall it be construed to crcate an employer-€mployee rclationship, a joint venturc rclationship. or to allow the City to exercis€ discretion or control over the professional manner in which Consultant performs the services which are the subject maner ofthis Agreement; however, the sewices to be pmvided by Consultant shall be provided in a manner consistent with all applicable standards and regulations goveming such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insumnce and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. This Agrcement crcates a non-exclusive and perpetual license for City to copy, use. modifo, reuse, or sublicense any snd all cop)rights, designs, and other intellectual property embodied in plans, specifications, studies, drawings. estimates, and other documents or works of authorship fixed in any Gngible medium of expression, including but not limited to, physical d.awings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall rcquire all subcontractors to agree in writing that City is granrcd a non-exclusive and perpetual license for any Documents & Data the subcontBctor prepares under this Agreement. Consultant rcpres€nts and warrants that Consulhfl has the legal right to license any and all Documents & D8ta. Consultant makes no such rcprcsenlation and waranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use ofthe Documents and Data at aoy time, provided that any such use not within the purposes intended by this Agr€ement shall be at City's sole risk. 6. INSURANCE Consuhant shall procurc and maintain for the duration of the agreement, the following insumace covemges: MII\IIMUM SCOPE AND LMIT OF INSURANCE 5. OWNERSHIP OF MATERIALS City Council 22 – 145 9/16/2025 Consullant shall maintain limits of insumnce covemge in the following minimum amounts and shall be at least as brcad as: Commercirl Gererrl Lirbility (CGL): lnsurance Services Office Form CC 00 0l covering CGL on an "occu[eDce" basis, including producs aod completed operations. propeny damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Automobile Lisbility (AL): lnsurance Services Office Form CA 00 0l covering Code I (any auto), with combined single limits of $1,000,000. ln tie event Contmctor does not maintain commercial automobile liability insurance, City willaccept evidence ofpenonal automobile insumnce wift existing limits. which can be lower than $1,000,000. Workers' Compemrtioo (WC): as rcquired by the State of Califomia, wi$ statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived ifVendor has no employees. Profelsion.l Lirbility lNursrc€ (PL): with limits no less than $1,000,000 per occurence or claim, and $2,000,000 aggrcgate. lfConsultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance pnoceeds in excess ofthe specified minimum limits ofinsumnce and covemge shall be.vailable to City. Other IDsuratrce Provisio[g The insumnce policies are to contain, or & endorsed to conlain. the following provisions l. CCL aod AL policies: City of Santa Ana, its City Council, its officers, officials. employees, agents, and volunteers arc to be covered as additional insureds with respect to liability arising out ofwork or operations performed by or on behalfofthe Consultant including materials, palts, equiprnenl and penonnel fumished in connection with such work or operations. 2. AII required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, oflicials, employees, agents, and volunteers for losses paid under the terms ofany policy which arise from work performed by Consultant for City. 3. All required insurance policies: For any claims rclated to this contrac! Consultant's insurance coveoge shall be primary and any insurance maintained by City. its Ciry Council, is oflicers, officials, employees. agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of intercst provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separalely to each insured atainst whom a claim is made or suil is brought. except with respect to the insurer's limits ofliability. 5. Each insumnce policy required hercin shall provide that coverage shall not be canceled. suspcnded, voided, reduced in covemge o. in limits, non-renewed by the City Council 22 – 146 9/16/2025 carrier, or materially changed except after thirty (30) days prior $rinen notice has been given to Cily. Ten ( l0) days prior wdtten notice shall be provided ro Ciry for policy cancellatiort or non-rcnewal due to non-payment. 6. Certificate Holderon each Evidence oflnsurance cenificate shallbe: City ofSstrt Ar', Attetrtio!: Heidi Chou, 215 S, Cetrter St, M-85, Ssrtr ADa, CA 92701. The name and location oflhe project or event should be included in the Description of Opcrations section of each certificate. S€ll-ID3ured Reaeotiors Self-insured retentions must b€ declared to and approved by the City. City may require Consultant to purchase coverage with a lower retendon or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the rctention. Acceptability of Insurers lnsurance is to be placed with insurers authorized to conduct business in the state of Califomia with a current A.M. Best rating ofno less than A: VII, unless otherwise acceptable to City. Verifi catioo of Coverage Consultant shall fumish City with original Certificates oflnsurance including all required arnendatory endorsements (or copies ofthe applicable policy language effecting coverage required by this clause) and a copy ofthe Declarations and Endorsement Page ofthe CGL policy listing all policy endo.s€ments to E ity beforc work begins. However, failure to obtain the requi.ed documents prio. to the work beginning shall not waive the Contr.ctor's obligation to provide $em. City reserves the right to require complete, cedified copies ofall rcquired insurance policies, including endorsements required by thes€ specifications, at any time. Cl.ims Made Policies Ifany ofthe rcquired policies provide coverage on a claims-made basis: l. The retroactive date must be shown and musr be before the date ofthe confact or the beginning of work. 2. Insurarce must be maintained and evidence ofinsurance must be provided for al least three (3) yea6 after completion ofwork. 3. lfcoverage is canceled or non-renewed, and not replaced with another claims-made policy form with a rctroactive date prior to the contract efective date, Company must purchase "extended reporting' coverage for a minimum oflhree (3) ye.$ after completion ofwork. Subcontractorg Consultant shall rcquire and leriry that all sub-contractors maintain insurance meeting allthe requirements stated hercin, and Consultant shall ensure that City is an additional insurcd on insurance required from sub-contractors. Specirl Risks or Circumstances City reserves the righi to modi! these requirements. including limits, based on the nature of City Council 22 – 147 9/16/2025 the risk. prior experience. insurer. covemge, or other special circumstances 7. INDEMNIFICATION Consultant agrees to defend. and shall indemnify and hold harmless the City, its ofiicers, agents. employees. contractors, specialcounsel. and representatives from liability: (l) for personal injury. damages. j ust compensation, restitution. j udic ial or eguitable reliefarising out of claims for personal injury, including death. and claims for propeny damage, which may arise from the negligent operations ofthe Consultant, its subcontractors, agents, employees. or other persons acting on its behalf which relat€s to the serv ices described in section I of this Agreemenr; and (2) from any claim that personal injury, damages, just compensation, restitution. judicial or equitable rclief is due by reason ofthe terms of or effects arising from this Agleement. This indemnity and hold harmless agrcement applies to all claims for damages, just compensation, restitutiorLjudicial or equitable reliefsuffered, or alleged to have been suffered, by rcason ofthe events referred to in this Section or by reason ofthe terms of, or effects, a sing from this Agreement. The Consultant funher agrees to indemnifr, hold harmless. and pay all costs for the defense ofthe City, including fees and coss for special counsel to b€ selected by the City, regsrding any action by a thind parly challenging the validity of $is Ag€ement, or ass€rting that personal injury. damages, just compensation! restitution, judicial or equitable reliefdue to personal or property rights arises by reason of the terns of. or effects adsing from this Agxeement. City may make all r€asonable decisions with respect to its representation in any legal proceeding. Norwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, lhe above indemnity shall be limited, to the extent rcquired by Civil Code Section 2782.8, to claims that arise out of. pertain to, or relale to the negligence, re-cklessness, or willfirl misconduct ofthe Consultant. 8. INTELLECTUALPROPERTYINDEMNIFICATION Consultant shall defend and indemnify the City. is officers, agents. rcpresentatives. and employees againsl any and all liability. including costs, for infringement of any United States' letters patent. fademark, orcopyright infringement. includingcosts, contained in the work product or documents provided by Consultant to the City pursuant to this Ageement. 9. RECORDS Consultant shall keep records and invoices in conneclion with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services. expenditurcs, and disbursements charged to the City for a minimum period of three (3) years. or for any longer period requircd by law' from the date of final payment to Consultaot u.der this Agreement. All such records and invoices shall be clearly identifiable. Consulta shall allow a representative of the City to examine, audit. and make transcripts or copies ofsuch records and any other documents created pursuant to this Ag.eement dlring rcgular business hours. Consultant shallallow inspection ofall wo . data, documents, proceedings, and activities related to this Agrcement for a p€riod ofthrec (3) years fiom lhe date offinal payment ro Consulunt under this Agreement. IO. CONFIDENTIALITY City Council 22 – 148 9/16/2025 If Consultant receives fmm the City information which due to the nature of such information is reasonably understood to be confidential and./or proprietary, Consuhant agrees that it shall not Ilse or disclose such information except in the performance of this Agreement, and further agres to exercise the same degree of care it uses to protect its own information of like imponance. but in no eveot less than reasonsble carc. "Confidential Information" shall include all nonpublic information. Confidential information includes not only writen information, but also information transfened orally, visually, elecnonically, or by other means. Confidential information disclosed to eiiier party by any subsidiary and/or agent ofthe other party is covcred by this Agreement. The foregoing obligations ofnon-use and nondisclosuE shall not aPply to any information that (a) has been disclosed in publicly available sources: (b) is, through no fault ofthe consultant disclosed in a publicly available source; (c) is in rightful possession ofthe Consultant without an obligation ofconfidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without rcference to informalion disclosed by the City. I I. CONFLICT OF INTEREST CLAUSE a. Consulta covenants lhat it presently has no interests and shall not have intercsts, direct or indirecl which would conflicl io any manner with performance of services sp€cifi€d under this AgrEement. b. No immediale family members of either the Mayor, City Council Member, or any appointed City Olficial, including appoinred board and commission membeE, as defined under the City's Municipal Code. whose position with the City shall awad or influencc the awsrd of this Ageement, or any competinS contmct or amendment thereof. shall be employed in any capacity by the Consultant or have any other direct or indircct financial benefit or inter€st in this Agre€ment. c. The s€ction also prohibits the awarding of any agleement. contract' gnnt, or any amendment to those awa.ds, 10 any former full-time employee for one-year fiom date ofemployee separation excepl for any CaIPERS retiree as authorized by City Council rcsolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term ofthis (Conrract, Agrcement, or Cranl). The Consultant warrants that it is not now aware of aly facts which conflict with the pmhibitions defined abore. Ifthe Consultaot hereafter becomes aware ofany facts that mighl reasonably be expecrcd to c.€ate a conflict of interes! it must immediately make full wrinen disclosure of such facts to the City. Full wrinen disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the pmvisions ofthis paragraph will be a material breach ofthis AS.eement. e. Consultant covenants that none of ils directors. officers, employees. or agens shall panicipate in s€l€cting or administrating any subcontract supported (in whole or in part) City Council 22 – 149 9/16/2025 by City funds stemming ftom the Agreement wheE the awarding of the subcontract has any direct or indirect financial benefit o. interest to any individual. as defined in subs€ctions (b) ard (c) above. 12. NON.DISCRIMINATION Consultant shallnot discriminate because ofrace, color. creed. religion. s€x, marital status, sexusl orientation, gender identity, gender expression, gender. medical conditions, genetic informalion. or military and veteran status. age, natioml origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training. urilialion, promotion. termination or other employment related activities or any senices provided under this Agr9ement. Consultanl affirms that it is an equal opponunity employer and shall comply with all applicable federal, state and local laws and regulations. I3. EXCLUSIVITY AND AMENDMENT This Agreement represems the complete and exclusive statement between the City and Consultant, and supersedes any and all olher agrcements, oral or \4riften, b€tween the parties. ln the event ofa conflict between the terms ofthis Agreement and any attachments hergto, the terms ofthis Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized rrpresentative ofconsultant. The panies agree that any terms or conditions of any purchase order or other instrument tiat are inconsistent with. or in addition to, the terms and conditions hereof, shallnot bind or obligate Consultant orthe City. Each pany to this Agreement acknowledges that no representations, inducements, promises or agrcements, omlly or otherwise, have been made by any pany, or anyone acting on behalfofany party, which is not embodied herein. 14. ASSIGNMENT lnasmuch as this Agreement is intended to secure the specialized services of Consultant. Consultant may not assign, transfer, delegare. or subcontracl any interest herein without the prior wrinen consent ofthe City and any such assignmenl aaDsfer, delegation or subcontract without tie City's prior written consent shall be considercd null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which arc the subject lo this Agreemenl performed by City personnel or by other Consultants retained by City. I5. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. ln such event. Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to rcceipt of such notice ol termination. subject to the following conditions: a. As a condilion ofsuch palment, the Executive Director may require Consultant to deliver lo the City all work product(s) completed as ofsuch date, and in such case City Council 22 – 150 9/16/2025 such work product shall be the propeny ofthe Ciry unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need nol be made for wo.k which fails to meet the standad of performance specified in the Recitals ofthis Agreement. 16. wAtvER No waiver of brcach, failure of any condition, or any right or rcmedy contained in or granted by the provisions ofthis Ag.eement shall b€ effective unless it is in writing and signed by the pany waiving the breach, failure, right or remedy. No waiverofany breach, failure or right, or remedy shall be deemed a waiver of any other brcach, failure, right or remedy, whaher or not similar, nor shail any waiver constitute a continuing waiver unless the writing so specifies. 11. JURISDICTION - VENUE This Agrcement has been executed and delivered in the State of Califomia and the validiry, interpretation. performance. and enforrement of any of the clauses of this Agrcement shall be determined and govemed by the laws of the State of Califomia. Both parties further a$ee that Orange County, Califomia, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ofthis Ageement. I8. PROFESSIONALLICENSES Consultant shall, throughout the t€rm ofthis Agreement, maintain all necessary licenses. permits. approvals, waivers, and exemptions necessary for the provision ofthe services hereunder and required by the laws and regulations ofthe United States, the State of Califomia, the City of santa Ana and all other govemmcntal agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals. waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 19. NOTTCE Any notice, tender. demand, delivery, o. other communication pursuant to this Agreement shall be in writing and shall be deemed ro be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following pe$ons: To City: City Clerk City of Sarr. Ana 20 Civic Ceoter Plazs (M-30) P.O. Box 1988 sanra An4 cA 92702-1988 Fa"\t 714- 647-6956 b. City Council 22 – 151 9/16/2025 With cou(esy copies to: Executive Dtector, Public Works Agency City of Santa Ana 20 Civic Center Plaa (M-21) P.O. Box 1988 Santa Ana. Califomia 92702 To Consultant Ben Ma(in. CFO KDC Systems 4462 Corporate Center Drive Los Alamitos. CA, 90720 A party may change its address by giving notice in writing to the other party. Thereafter. any communication shall be addressed and transmitted to the new address. If sent by mail. communicatioo shall b€ effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communicstion shall be effective or deemed to have been given twenty-four (24) hours affer the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above, For purposes ofcalculaling these time frames, weekends, federal, state, County or City holidays shall be excluded. 20 MISCELLANEOUS PROVTSIONS a. Each undersigned represens and warrants that its signature herein below has the power, authority and righr to bind their respective panies ro each ofthe terms of this Agrcemem, and shall indemniry City fully, including .easonable costs ard attomey's fees, for any injuries or damages to Ciry in the event thar such authority or power is not, in facl held by the signatory or is witfidmwn. b, All Exhibits referenced herein and attached hercto shall be ircorpomted as iffully s€t forth in the body ofthis Agreemcnt. City Council 22 – 152 9/16/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above wrinen. ATTEST:CITY OF SANTA ANA Jennifer L. Hall City Clerk Alvaro Nufiez City Maoager APPROVED AS TO FORM: SONTA R. CARVALHO City Attomey KDC City Attomey RECOMMENDED FOR APPROVAL: Rodolflo Rosas, P.E. Acting Executive Direclor Public Wo*s Agency Rodolfo Rosas Digitally signed by Rodolfo Rosas Date: 2025.08.28 16:23:08 -07'00' City Council 22 – 153 9/16/2025 C:lrY OF SANTA ANA RFP NO.: 25446 PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Sanla Ana is located in the County of Orange in Southem Califomia. The City encompasses 27.2 square miles and a population over 310,000 people. The City of Santa Ana Public Works Agency - Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system is comprised of approximately 478 miles of water main, 45 MG of storage at Iive (5) sites, seven (7) MWD conneclions, 21 goundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones. The City of Santa Ana Public Works Agsncy Water Resources Division is soliciting proposals from qualified industrial firms to provide human machine intertace,operator intorface terminal (HMUOIT) and programmable logic controller (PLC) programming and consulting services. The City shall select one or more flrms to provide these seMces. lt is lhe Citys intention to establish a small group of qualified contractors that will be asked to quote on individualjobs presented by the City. B. CONTRACTOR RESPONSIBILITIES The Contractor shall pmvide all labor, materials, services, and equipment necessary for the completion of the work entailed hereln- All work shall be in accordance with applicable trade practices, workmanship, meet waranties and shall conform to all applicable laws, codes and regulations. Business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through Friday). Any lime outside of business houG of operation may b€ considered after hou.s/weekend s. All work will be scheduled upon contirmalion of scope and cost and completed within the lime agreed upon for each specilic item of work. The ConlIactot may not begin \,vork before receiving a writlen Notice to Poceod by the City's Project Maoager. All services, equipment and mate.ials pmvided by the Contractor must be in accordanco with all applicable Federal, State and local regulations, laws, and mdes. C. SCOPE OF SERVICES The Contraclor shall pmvile programmable logic controller (PLC) programming seMces and integration on the various water resource facilities within the City of Santa Ana. The Conlraclor must be proficient in writing PLC programs lor Modicon PLCS using Momentum, Advantys. Concept 2.6 and E@struxure Contlol Expert (formerly known as Unity Pro). The Conlractor must also be proficient in writng HMUOIT pmgramgscreens for l\ragelis HMls using Vijeo Designer. The Contraclor must docurnent all HMI/OIT and PLC programming done for the City and must povide digital and printed copies of the programs writter. Programming pe.formed by the Contractor must have suftcient annotation lo allow the Water Poduction slaff and engineers to follow the logic of the ffiften program. Cily of Santa Ana RFP 2ffi Prog.amrn*t6 Logic Cq roll€r (PLe) Programmiry and Con8dling Sorvbss page is City Council 22 – 154 9/16/2025 CITY OF SANTA AIiIA pR.cMMMABLE Loclc coNrRo[ESF(5Lt?riHff *r,*u o"D ..NSULTNG .ERVT.ES To meet tho goab of hb projecl, th€ Corcultant,s primary otjectjv€o are as tullows: 'r. rnve.ligato and doqJnent existirE cor{ror circu s for whidl no docurnentarion oroutdaled docurn€fltatibn exists. lrdudirE:i. Systan design rEnatives ii. pmgramming pDcess florv &c{rrnentalion iii. Coordinalion spEadshods 2' Troubrsshoot sxisring contor ciruits to herp ide iry root p'ouefiE afieciing the oonrorprocess 3. Provide PLC prDgramming support induding:i. Altering existirE pLC programs ii. Wdtlng new PLC pmgrams iii. Trcubleshooting existing pLC programs 4. Provide human machin€ interface/operator interfaco terminal (HMl/OlT) support; thisincludes: i. Adding or altering ner,\, HMI/OIT screensii. WritirE new HMI/OIT programs iii. Tloubleshooting existing HMUOTT pograms 5. Povkle PLC rnainlenance support which inctudes:i. Updating firmware ii. Tasting of suspod PLC comporEntsiii. Polnt b poirn wdfication of signal wires lo oonfirm the input/ouFut sbnals ar€ Eaching the PLC 6. Povide supporl for d€di:ated SCADA NetulorUEthemet Net\^ork includirE:i. TmubleslDotirE nehvDrk sy€tem prDgrams ii. Problem resolutbn of all s/vitches and nelt ork communications To ensure trlat n6w.PLC prcgrams are corEistent with fonner/exislirE pLC programming logic,y!9! reguest from the City, the Contrac{or shall perform bench testingffactory icco ar;s t;si !ffr) 9f tF ryw PLC pograms under the witness of a City Represeritauve it ttre Conrraoisfacility in a lab onvironment. prior to field commissioning, th; city must approve the rssults of th€bench tesi/FAT. PLC pmgramming.and 6erd commissioning' support, as oescriueo uy ttrisRequest lor Proposal, are other critical tasks that are necessary-to nieet pojea obieAives. ' D. CODE COMPLIANCE All.mal€rials.and workmanship shall be in strict conformity with standards of the latest editionsincluding revisions of the ,ollowing: . lnstitute of Etectricat and Etectronics Engineers (IEEE). National Electricat Code (NEC) standards City of Sanb Ana RFp 2 46 Programmable Logc Cmtrotter (PLC) programming a Page 16 nd Consulting Seryices City Council 22 – 155 9/16/2025 CTTYOF SANTAA A 'R.cRAMMABLE Locrc coNrRoLLE[t5$i;i3tff^rMrNc AND coNsuL.NG sERVTcES . Nationat Fire Proteclion Agency (NFPA). American Society of Testing and Materiats (ASTM). Intemational Et€c{ricat Testing Association (NETA). State Dgpartment of trdustriat Safety (CAUOSHA) E. PROJECT IIANAGEUENT AND COORDINANON wh€n a requesr for service is issued to the city, the contractor shall issue an estimate to the City's designated Poject Manager. The Contraclor shall not p.ceed with any r,rrcft withoui the approval of the City's designalsd pmjecl manager. contractors shall invoice the city on a rnonthly basis for all r ,ork performed during the periodor provide a one-time invoice at the completion of uork issu€d. Each invoiA sh;ll beaccompanied by a summary of tasks performed, @nlract agreement number, results andpogress on long-term tasks if any. F. VALUE ADDED RELATED SERVICES Lh. .9lt "dot may pmpose additbnal retated services that the City has not spscmcally idenffiod in this RFP lo accomplish the stated goals of this RFp. Value aOaeO refai; seMces will be considered by the City and may or may not b€ iflcorporated in the sgreement. All parts and materials must be supplisd new and factory approvad. G, SUBCONTRACTORS H The use of SubcontractoB is allowed. tut will requhe approval by City prior to stai of any assigned work. Upon commencemsnt of work, the Contraclor shall bs responsible for seMcesprovided by any subcrotraclor as if Contractor were providing the seMces with its own organi?ation. When a Subcontractor performs all or any part of ihe !'ork, a markup shall beapplied to the Subcontracto/s aclual cost of such work. The Contractor may add a markup of'10 percent on the first $5,000 of the subcontracted portion of the extra work;nd a markup;f 5percent on work added in excess of $5,000 of the subcontracled porlion ofthe $/ork. MARKUP The following markup percentages shall be added to the Contractot s costs and shall constitute the markup for all ovorhead and profits (to the sum of the msts and markups, one (1) percent shall be added as compensation for bonding): 1) 2) 3) 4) 20 '15 15 Labor........,..........................,... Ma|eria|s.................................. Equipment R6nta1..............,..... Other ltems and Expenditures. I. MINIMUM QUALIFICATIONS City of Sanl,a Ana RFp 25{46 Prcgrammaue Logb Cont olha (PtC) Programmlng and Consulling S€rvbes Page 17 City Council 22 – 156 9/16/2025 CITY OF SANTA ANA RFP NO,: 25+16 PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES The Contractor shall meet the following minimum quatifications 1. All worft is lo be performed in compliance with all applicabte codes, ordioances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Contractor shall have a minimum of five (5) years of experience in providing SCAOA network PLC programming services. 3. The Contractor shall possess state and local permits, licenses and certmcates required by law to commence, carry, and complete the work. 4. Provide all necessary equipment to competently perform and complete wo* as specified. J. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety ol all persons and prot€rties during the performance of the work- ln addition, proper safety equipment musl be wom at all times. These requirements shall apply mntinuously untilthe contract is terminated and shall not be limited to normal working hours. The Conlractor/Consuhant shall assure that each employee or subcontElctor und€r the contEctor's supeMsion is trained an the riork praclic€s necessary to safely perform his or her job. The successful bidders shall fumish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contracto(s) shall keep a cunent certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the Cily. L. FEE SCHEDULE Contractor shall submit a fee schedule as describ€d in Section lV.B.3 of RFP, No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contracto/s labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rale submitted. Fee proposal shall be outlined as follows: Cily of Sania Ana RFP 25-048 Programmable Logic Controller (PLC) Programming and Consulting Services page 18 K. INSURANCE REQUIREMENTS City Council 22 – 157 9/16/2025 CITY OF SANTA ANA RFP NO.: 25446 PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES -.End of SCOPE OF WORK Section-- ctty of santa Ana RFP 25-046 Prcgrammaue Logic Controlle. (PLC) Programming and ConBulting Servbespage ,19 City Council 22 – 158 9/16/2025 Q xoC Slnstems An E Con Company RFP 25-045 PROGRAMMABLE LOGIC CoNTROTLER (PLC) PROGRAMMING AND CONSULTING SERVICES Statement of qualification PREPAREO FOR THE CITY OF SANTA ANA PROPOSAT tD - 2251025 fl City Council 22 – 159 9/16/2025 € xac slestem.s At EllCoB Conpan! KOC Systems 4462 Corporate Center Drive, Los Alamitos, CA 90720 f , 7 1 4AU.2300 F. 7 1 4.236.2291 wwwkdc-systems. com May 2& 2025 Attentioni Fallon Franklin subiect: Programmable Logic Controller (PLC) Programming and Consulting Services Mr. Franklin, KDC Systems is pleased to submit the following Programmable Logi. Controller (PLC) Programming and Consulting Servi€es. Our understanding is the City of Santa Ana is looking for a System lntegrator to act as a partner in designing, building and maintaining their water production process control systems. (DC Systems was founded in 1985. Today, we are one ofthe la.gest and most trusted control systems-integrators in california. we are bas€d in Los Alamitos, california. KOC Systems is the systems group within KDC lnc. XDC was tounded in 1950. lt is among the largest Electrical Contractors in Southern California with over 150 employees. KDC Systems / KDC work out of a 50,000 sq ft facility in [os Alamitos california, € xoc systams l2 An E*1C08 Comwny 1- i/2 E :. t.. City Council 22 – 160 9/16/2025 = KDC Slatems An EHC0i Conqnt KDC Systems is one ofthe few system integratorsthat self-pedorm all aspects ot control system projects, without any need for sub-contractors. For customert this means a fully coordinated and inte8rated project with a sin8le point of contract for warranty and tollow ups. By eliminatinS the gaps that can appear between contractors, we increase the overall quality of the project. our customers are primarily in process industries includang Water, Biotech, food and Beverage, and Pharmaceuticals. Our customers have included the City of Los Angeles, Orange County Sanitation District, Orange County Water District, Los Angeles County Sanitation District, lrvine Ranch Water District, numerous other water districtt LAX, Genente€h, Amgen, Allergan, and Skechers. The benefits of working with KDC Systems include, Local support - all our employees are based in Southem california. A Financially and operationally stable Partnet - We combine the flexibility of a small, local company with the stability of an industrygiant. We have very low employee turnover. An Experienced Team - 3Ol Years of project experience A full-Service Port olio - We can desiSn, build, install and commission your system (see Section 3) A oeep Pool ot skilled Entineers - As illustrated below (Sedion 2.1) our team has a diverse set of skills and experience. scalability - We are uniquely capable of scaling up to meet project needs We do this by combining our efforts with our sister EMCOR Companies. KOC Systems currently has 17 employees who work for our Los Alamitos Office we are a whollv owned subsidiary of EMCOR Group lnc. EMcoR (NYSE - EME) i5 a leader in mechanicaland electrical construction in the United States, Canada and Great Britain. EMCOR has annual sales of S14.59. lt consists of 100+ Operating Companies and has 38,000 employees EMCOR is listed on the NYSE. € xac srlsoems PaB€ I3 At EltCoR conpany City Council 22 – 161 9/16/2025 € xoc AnE Con Conpan! Our Business Development Executive, Mr. James Wede.field, will be responsible for neSotiating the terms of the contract and should be the main point oI contact concerning this qualification. James Westerrield Businers Development Executive KDC Systems 4462 Corpor.te Center Drive Los Alamitos, CA 90720 Oirectr (561)513"8105 Fax: (714)434-2390 Email: iwesterf ield@kdc-systems.com (DC Systems is contident we can provide the City of Santa Ana with the level of professional service you require. Regards, Ben Martin cFo KDC lnc. € xac slestans AoE Coe Conpany City Council 22 – 162 9/16/2025 € xac srteme AnE COA Conpany 1 2 FrRM ANO TEAM EXPERtENCE..................... 2.1. key Personnel 2.2, PanelFabrication 2.3. TrainingRoom............ 2.4- Factory Acceptance Testing & Metrology Lab 2,5. On Going Support 3. UNDERSTANDING OF NEED 3.1. UnderstandingofScope....... 3.2. AnticipatedApproach.......... 3.3. Specialconcerns.................. 4. RELEVANT PROJECT EXPERIENCE....,,,, 4.1. OCWD, Wells 27 & 28 PFAS Treatment Systems....................................... 4.2. lRwD, Michelson water Recycling Plant, giosolids and Energy Recovery 4.3. City of Santa Ana SA-5 Vault Modifications... 4.4. Olivenhain MWD - Pl-C Replacement Project 6 6 8 8 8 9 9 10 10 t2 13 L4 14 15 16 77 18 18 18 19 19 20 20 5.1. 5.2. 5.3. 5.4. 5.5. 6. REFERENCES.. Project Kickoft............ Design Phase...,.......... Bulld Phase................. TestinB and Commissioning Phase.,........... Project Closeout......... € xac srestsms FaEe l5 An ErlCoR Conqny City Council 22 – 163 9/16/2025 € xoc s;oterrs An EnC0R Conwoy 1. AGREEMENT STATEMENT KDC Systems has reviewed the standard agreement supplied with the RFP and doeg not have any concern5. 2. FIRM AND TEAM EXPERIENCE KDC is a Full-Service System lntegrator. We have the skills to take your project from concept all the way through commissioning and startup. we can then provide all the services you will need to maintain your system. XDC Svstems is primarilv focuged on the Water and Wastewater lndustries. We have conducted hundreds of projects for public agencies. These projects range from smaller l&c projects through large turn-key projects. (10,000+ lO points) Being a part of EMCOR brings many advantages to our customers. KDC Systems has an op€rational stability that is unusual for a Systems lntegrator. This stability is evidenced by the long-term tenure of our employees. lt makes us a reliable pannerforthe long term. Another benefit of being EMcoR, is that we have a network of sister companies. This provides us with the opportunity to scale up to meet project needs. We offer the following services: System Design Conceptual Design Automation Technology Selection Existing System Analysis Customer Requirements Analysis Specif ication Documentation Detailed Design ElectricalDesign Automation Architecture lnstrument Specif icatlo'l Network Desi8n Functional Design € xac sptarsP;ee l6 At E Coe Conqny City Council 22 – 164 9/16/2025 = KDC Slatemc Ao EltCoB Conpa,,f System Suild PLC Programming DCS ProSramming Network Configuration Server guild, Setup and Configurdtion HMI/ OIT Programming MES lntegration Test Protocol Development System Documentation Panel Fabrication UtS08A / Ut-698listed panel shop located in Los Alamitos System Commissionlng System lnstallation Stanup Asslstance Test Protocol Execution (FAT/FDT/SAT/ORT) Operator T.aining Support Services On call Emerg€ncy Support Scheduled service calls Maintain Test Platform Software / Firmware Updates KDC Systems is committed to providing the highest quality services to the City of Santa Ana. Our inteotion is to form a team specifically dedicated to supporting your design, project and suppon needs. € xrcsrotems PEse l7 At EHC0a ConOaW City Council 22 – 165 9/16/2025 = KN S!4eterrre AnE Con Conpany 2.1 . Key Personnel KDC Svstems would assign the following team to suppon the City of Santa Ana: Our philosophy is to have a group oI engineers familiar with a supponed facility. All assiBned Engineers will familiarize themselves with City of Santa Ana engineering standards and facilities. All team members are locally based and work from our facility in Los Alamitos see RESUMCs - APPENDIX A 2.2. Panel Fabrication KDC Systems operates a 1OOO square foot UL508A / UL-698listed PanelShop. This is located within our headquarters in Los Alamitos. Building our own panels enables close collaboration between our en8ineering team and our fabrication team. Engineers supervise the fabrication of their panels and can also support testing. We build panels ofthe highest quality and generally exceed our customers' expectations. References are available. 2.3. Training Room KDC Systems has built a Training Room at our headquarters in Los Alamitos. This facility is idealfor providing customer training. we also use this facilityfor Design Workshops. € xrc srotams Ed (arimierski PRIMARY COI,IIACT Gr.3 E.o EnSins ll Engineer ll PaB€ l8 Ai E CoR conpant City Council 22 – 166 9/16/2025 € xocslotilrr 4,, EHCoB Conpany 2.4. Factory Acceptance Testing & Metrology Lab This Lab is used for conducting Factory Acceptance Tests. This Lab is also used to house Test Systems for supported customers. 2.5. On Going Support KDC Systems is commifted to supporting the City ofSanta Ana for the next 5 years and beyond. Here are some additional services, which may be ofvalue to the City ofSanta Ana. 2.5.1. EmergencySupport l(DC Systems can provide on-call suppon. We can contractually commit to getting an engineer on-site within a specified time frame in the case ofan emergency. 2.5.2. Scheduled Service Calls Firstly, we will meet with the City of Santa Ana and discuss the performance ofthe system. This would be the forum ror raising minor/ nonrmergency issues. These meetiogs would also be used for planninS future upg.ades and small maintenance project5. € xoc sllctanrs P.B€ l9 AiE Con Conpany I il I -- L l E {.E We can contractually commit to schedule regular service calls. The purpose ofthese calls is two-fold. City Council 22 – 167 9/16/2025 € xoc s,4rtdrs AnE CoA Conqany Secondly, KDC Systems would use this service call to review system logs to detect emerging issues. Special attention would be paid to alarm logs. Recurring alarms can be indicative of an emerging problem which needs attention. Alternatively, they may indicate an alarm that needs to be tuned or reprogrammed. KDC envisions working with City of Santa Ana to reduce the volume of nuisance alarms generated and 'rationalize' the system alarms. 2.5.3. Software Updates / Patches XDC Systems can contractually monitor all city control automation software and firmware for updates. Software Updates will be applied at regular interva15 (such as quarterly). ln the case of emergencies (e.g. Security patches) we will notify the city of Santa Ana and expedite the installation. Firmware upgrades v,/ill be applied as agreed with City ol Santa Ana 3. UNDERSTANDING OF NEED 3.1 . Understanding of Scope 3.1,1. Control System Design Services Control Panel Design KDC Systems will be available on .equest to provide control panel design services. l(DC Systems has been in business for 30+ years and during this time we have designed 1000's of panels. We have developed drawings based on customer preferences. We will adhere drictly to the Santa Ana conventions and standards. We will be available, upon request, to conduct field investigations. Our field technicians and enSineering staff can work in tandem to rectify inco.rect documentation. Sample Drawings from past projects are available on request, = KDC S,€tattts P.,Ee l10 An EllC0B Conpsn! City Council 22 – 168 9/16/2025 = KDC Sflctsns AnE CoE ConpaDf 3,t.2. Programming KDC Systems will be available to provide programming support for Modicon Momentum PLCS along with MaBelis and Unitronics HMls. KDC Systems has experience programminS Modicon Momentum PLG usinS both Concept and Unity soltware packages. We have also used Vijeo Designer to program Magelis OlTs. KDC Systems has experience of deployinS and confiSuring ABB Orives. We appreciate the importance oftagging and coding conventions. We have conducted hundreds ot projects and have worked under many different customet defined tagging conventions. We willstrictly adhere to city codinS standards. lI needed, KDC Systems can help enhance or maintain the PIC/HMI programming standards. we have developed and maintained code libraries for multiple customers including LAX and OcwD. W€ also have experience developing 'mock ups' of HMI Screens for customer review and consultation. Software documentation examples are available upon request. 3.1.3. Troubleshooting,RepairandMaintenance we believe that we are uniquely qualified to provide this service as we are both a Control Systems integrator and an electrical contractor. We have all the skills you require including Electrical Design capabilities, Field Technicians, PLC Programmert HMI Programmers, and instrumentation expenise. KDC Systems i9 available tor emergency support. We can contradually commit to getting an engineer on-site within a specified time frame in the case oI an emergency. Based on the nature otthe issue, we willbe able to seledthe riSht people wilh the ri8ht skillset to go on site. € xrcq^etamsP:Ee 111 Ao Enoon Conwnf City Council 22 – 169 9/16/2025 € xocs;atdne AnE Can Conpanl 3.1.4. Additional Related Duties As a part of EMCOR, KDC Systems enjoys excellent c.edit and relationships with local distributors and will be able to procure controls hardware as requested by City ofSanta Ana. We have manyfield technicians on staff who are available tor installation work as required. 3.1.5. Timeliness/Responsiveness Our entire staff live locally in Southern california and work out of ou, Los Alamitos office. (approx. 13 miles from the City ot Santa Ana Corporation Yard) 3.1.5. Proiect Management and Coordination KDC Systems will be available to attend the cont.ad kick-off meeting at the Citys Corporate Yard. We will submit a written estimate for all services requested by the City. We will only proceed upon receiving approvalfrom the City. Our Project Manager (Lukasz Niedojadlo)will invoice the city monthly. The invoice will be accompanied by a summary oftask performed, results and progress on long-term tasks. 3.2. AnticipatedApproach After the contract kick off meeting our priority will be to familiarize our engineers with the Santa Ana systems. lnitialtasks will include, Assemble all key d€si8n documents and files -we willneed to have copies of these documents, so they are available when needed for troubleshooting = KDC Sptanr? arE ltz An EilCoR Congany City Council 22 – 170 9/16/2025 € t<oc s,€tsrr6 AnE CoB Conpan! support. Examples include existing drawingt drawing templates, desiSn and standards documents, PLC code, HMlcode. . Familiarize ourselves with all design conventions. . Familiarize ourselves with the existing control programs. . Visit the citry's facilities to confirm we can get online with all the controllers and drives. . Condud inteNiews / meetinSs with City personnel to establish immediate needs. 3.3. Special Concerns we have no Specials Concerns currently € xac sratems P.e€ 113 An EllCoB Conpanf City Council 22 – 171 9/16/2025 = KDC S;oterns Project Size Years 5470,000 2024 An EI C0E Co,npany 4. RELEVANT PROJECT EXPERIENCE 4.1 . OCWD, Wells 27 & 28 PFAS Treatment Systems Overview The City ofSanta Ana PFAS waterTreatment Plant wells No. 27 & 28 project consisted of the following major components: 1. lnstall Dual Media Pressure Vessel systems and lon Exchange resin media. 2. lnstall a cartridge filter system, sand separators; booster pumps; chlorine Seneration skid and storage tank, grading, paving, concrete, pipinS, masonry walls, etc. 3. Electrical and lnstrumentation: Electrical equipment and facilities, new electrical services, and instrumentation equipment and facilities at the new water treatment plant. lnstrumentation and control systems shall be integrated with the existing SCADA system. 4. Provide all commissioning and start-up services. KDC Scope KDC was responsible for fabrication, programmin& and commissioning of water Analyzer Panel, crooke RTU Panel, Well2728 PFAS RlO, well 27 RTU, well 28 RTU, Well 27 Security Cabinet, and Well 28 security Cabinet. Details Technologies deployed included Magelis Control Panels and Modicon controller5. € xac Srlctsns Fase 114 At EllCoB conqn! I City Council 22 – 172 9/16/2025 € xoc srntems Ao EllCoB Cornqnr 4.2. IRWD, Michelson Water Recycling Plant, Biosolids and Energy Recovery Project Size Years s4.5M 2077-2022 Overvlew The lRwD Michelson water Recovery Plaot is being expanded to provide recycled wate. for use in landscaping and irrigation. xDC Scope KDC provides all PLC and HMI Programmin& Historian Configuration, win 9u Conf iguratlon, TestinS and Commissioning Oetails This project was originally rewa.ded to another integrator. When the project ran into trouble, IRWD and Mor.orr, Meadows app.oached (DC Systems, to take over and complete the proiect. KDC Systems had recently completed the successful Eaker Ranch Project, so the reward otthis work was a vote of confidence for our prior performance. This project is still in progress. Technologies being deployed include wonderware System Platform, Wonderware Enterprise Historian,VMWareVirtualized Environment, Dell Servert Modicon PLCS Wing11. KDC Systems is maintaininS a Test 8€d at our facility to support testing and debug. € xoc srestems F.!.115 At EfrC0B Conpany ,II a-., )1 li -I: EEat City Council 22 – 173 9/16/2025 € t<oc sr€tems An EHC0R Conqol 4.3. City of Santa Ana SA-5 Vault Modifications Proiect Size Yeaas S89,ooo 2027 overview lnstalling a clay-val in an existingwater vault to provide a connection to a Metropolitan Water District source. lncludes i.strumentation and controlofth€ valve. KOC Scope Fabricate, program, and configure two control panels, an RTU, and a localcontrol station. KDC did a radio survey and provided the radio and installed it to support communication. We provided commissioning and Start up support. Details This is a sGpoint Modicon M340 system, with Magelis HMl, programmed with Unity Pro and Visio Designer. = KDC Systatns Pase 116 An EUCoa conpury 1 \ City Council 22 – 174 9/16/2025 € xrc s,4rterns An EHC0I Conpany 4.4. Olivenhain MWD - PLC Replacement Project Proied 5i2e Years s1.9M 2024-2025 overview Upgradin8 42 pumpstations from SLC 5/05 to logix processors across the enterp.ise. KDC Scope Provide two phase execution, inclusive of two suEphases each, for replacement and upgrade a total of 42 "end of life" Allen Bradley 1746 SIC and three associated Remote lO Chassis, as welltwo 1756 MicroLogix Pl-Cs. We provided the material, installed the PLCS and HM15, and converted and verified the programming and configured the system, including sta.t up and commissioning. oetails Existing were SLC 5/05 without HMls. we updated to Compact and Control Logix and added two Panelview HMls. Existing code was convened to the new control platform and HMI screens were developed and configured. The system used Factory Talk Logix 5OO and factory Talk Logix 5000 programing sortware for the PLG. The HMls were programmed in FactoryTaik View Machine Edition. = KN S,€tenNs 117 An Ettoof, Conpany / City Council 22 – 175 9/16/2025 € xoc s,4sterns An EH@B Conpanl 5. SCHEDULE Project Schedule examples are available upon request The Cily ofSanta Ana will be invoiced monthly lor allwork performed. This invoice will be accompanied by a summary of tasks performed, .esults and pro8ress on lonS-term tasks. Project Meetings will be held at an agreed cadence (weekly / biweekly) to update all project stakeholders on progress and resolve any existing issues. we typically include the following steps in our projects. 5.1 . Project Kickoff Receipt oI Job Order by Project Manager Confirmation of Receipt and Acceptance Schedule Kickoff Meeting - this meeting would be attended by City ofSanta Ana and XDC Systems representatives including the Project Manager and the Lead Engineer- possibly others. This meeting could be in person or a conference call depending on the size and nature ofthe pOect . Generate Detailed Schedule Kickoff Meeting-the purpose oI this meeting would be to clarify any confusion aboul the scope. Technical issues will also be discussed. (Dc systems may request documents or information at this meeting. We would also review the project schedule/milestones. 5.2. Design Phase Develop System Architecture Document Develop BOM Develop Functional Specif ications Develop Sequence of Operations € xoc spterrsP;EE 118 Document HMI Screen Designs An Enaon Conwoy City Council 22 – 176 9/16/2025 € xaC Sroterro AnE A)B Conganf lnstrument Enginee.ing - lnstallation Drawings, Data Sheet5 instrumentation submittal example is available upon request 5.4. Testing and Commissioning Phase lnternalTesting 5.3. Build Phase BOM Procurement Modily Screens Develop Test Scripts (FAT / SAT) Develop 9EIailgd Commissioning Plan -this document is criticalas it forces the team to think thou8h some of the issues involved in the project. Commissioning a system while trying to keep yourfacility alive increases the difficulty by orders of magnitude. Our enSineers are very experienced in working with systems that need to stay functioning during transitions. supervise Fabrication of Control Panels Factory AcceptanceTest on Demo System at KDC Systems The Test Platform would be deployed for lnternalTesting and FAT System Startup € xrcslatams P:..119 Site Acceptance Testing Ao EfrCoB Conqn! . Control Panel Design - Layout Drawings, lO Drawings, l-oop Drawin8s, BOM, lO List . Submit Design Package to City of Santa Ana City Council 22 – 177 9/16/2025 * xoc s,€tsns AnE CoB Conpanf Performance Testing Develop and Submit Manuals Operator / Maintenance Training as Required Project Closeout Meeting 5.5. Project Closeout Submit 'As Buiit' and Final Documentation to City of Santa Ana 6. REFERENCES IRWD Ethan Fike Senior Automation System Administrator 3512 Michelsoo lrvine CA,92512 T- (949) 61G5583 fikee@irwd.com Orantc County Water t[strlct Audrey Perry Associate Engineer 187m Ward Street, Fountain Valley CA 92708 T - (714) 378-8245 APerry@ocwd.com Ollvenhain Munlcipal Water Disirid. Erik Harp lT Supervisor 1966 Olivenhein Road. Encinitas CA, 92024 r - 17601 47s-6242 EHarp@olivenhain.com = KDC S!€tems PaEE 120 An EMCoB Conpany City Council 22 – 178 9/16/2025 APPENDIX A Resumes City Council 22 – 179 9/16/2025 e KDC S;ate,Ds An E Con Conpaol Edward Kazimierski Division ,lenager 24 years with KDC Systems / 34 years in controls industry Education/Training: B.Sc., Electrical Engineering, California State Unive6ity, Long Beach UL508A Cedmed Professional Bio: Mr. Kaz imierski's professional experience extends over thirty-four years in the areas of process conlrol/ system automation. His direct responsibilities for projecls have included: . ConceFtual d€r*rn, P&lD develQntert . Equipment, instument, and hardware/software specification . Process funclional specification . Detailed control panel engineering r PLC, DCS, llMl, and Off gograrming . Testing, installation, and startup . Training . Documentation, valdalbn support and standards development . Managing people and tEsources in the execution of these tasks . Managing subcontrac{ors Technologies Deltav, AB PLCcs, Modicon PLCS, CRISP SCADA. Foundation Fieldbus and DeviceNel, Wondelware lntouch, RS View 32, Panelview+, Panelmate, Honeywell MAS/C. GE PLCS, Tl PLCS, Siemens PLCS, Automation Direct PLCS, Emerson Controlwave, FactoryTalk View SE, GE lFlX, TCP Quickpanel, lconics, Hone$,vell MAS/C Select Koc Projects Baxter, OCSD Headworks, OC!!D GWRS and AWTF, IDEC (Genentech) Nimo Projecl, Kal-KAN Foods, US Borax City Council 22 – 180 9/16/2025 = KDC Slatenrs AnE Con Conpan! Project Manager 1'1 years with KDC lnc./KDC Systems / 18 years' Experience in the Controls lndustry Education / Certificates B.S. E,ectronics Engineering Technology - Devry University, Pomona Experience Project Manager Aug 2015 - P.esent - '10 yrs 4 mos Los Alamitos, Ca Estimates, plans, and coordinates activities of multiple projects ranging in value from $1,000 to $8,000,000 in ihe areas of the pharmaceutical industry, water treatment plants, BMS, systems integration and re-engineering. Defines project scope, objectives, staffing, resources, and deliverables. Plans and schedules project timelines and milestones. Monitors project risk and scope creep to identiry potential problems and proactively identify solutions to address them in advance. Liaise with, and updates to senior management. Project Coordinator April 2014-July 2015 - 1 y. 3 mos Responsible for tracking and ensuring key projects dates were met. Ensured all commitments were met in accordanc€ with the goals and objectives oI the project. Prepared reports on financial aspects and progress for the project. Managed and coordinated change activities. Assisted with project planning, documentation, and closeout aclivities. Coordinated all relevant depa.tments' activities to ensure smooth Select Project Expertise City of Santa Ana Well Nos. 27 & 28 PFAS Treatnent Systems OCVVD - [,lF & RO Pilot Plant Upgrades Olivenhain l\,lWD - PLC Upgrades Panoche Shori Term Storage Basins Orange County Water District - Ground Water Replenishment System Final Expansion IRWD - GEA Centrifuge lntegration LACSD - San Jose Creek Sodium Hypochlorite JPL - Lii Station Controls Bldg 308 POLB Sanitary Sewer CIP Takeda - Building 5 DeviceNet Segment Re-design Takeda - Delta V Control Panel Power Supply Ljpgrade Phase 1 Takeda - Delta V Control Panel Power Supply Upgrade Phase 2 Lukasz Niedojadlo Provides strategic direction during implementation stages. lmplements and manages project changes- lvlanages and controls project budgets as well as develops and presents reports on project progress. Maintains client expectations by ensuring the delivery of the highesl quality services \,vhile staying on schedule. PROFESSIONAL BIO City Council 22 – 181 9/16/2025 € xoc s,€ten s Ao ENCoE Conpan! Greg Eso Engineodng nanagot 25 years with KDC Systoms / 35 Years in Trade EducationlT.aining: B.Eng. in Elecirical Engineering and Control Systems, Unive6ity of Victoria Registered Professional Engineer, Province of British Columbia, 1992 Professional 8io: Mr. Eso has extensive expGrienca managing proiecl teams in designing, installing, and commissioning control systems utilizing PLC, HMl, and DCS technologies across a broad range of industries including life science, waler^rastelvater trealmenl, material handling, high Epeed sortation, and robotic pallEtizing. His direcl responsibilities have included: . managing technical pelsonal project assEnments and schedules . providing guidance on technical issuss . estimating and proposals . conce ual design, P&lD development, and proc$s tunctional descriptions ' cor{rol hardware and softmre specification . detailed power, control panel, and feld electrical engineering . insbumentation/material specncdion and procurement . PLC and HMI programming . commissioning. startup, and training documentation developmsnt including submittals, drawings, user manuab, Itoubleshooting guiles' and O&M manuals Selected Project Experience OCWD GWRS Flnal ExpanEion KDC Systems provided inslrumentaiion and control system engineering expertise Ior the Final Expansion of the Groundwater Replenishment System at the Orange County Water Disticl (OCWD) located at the OCWD Advanced Water Treatrnent Facility (AWTF) in Fountain Valley, CA. This $310 million projecl will create an additional 30 million gallons per day of new waler supplies to serve north and central Orange County. Once completed, AWTF s total produc{ion will reach 130 million galloos per day. enough water for 1,OOO,OOO people. The projecl entails expansion of ihe existing now equalization, microfiltration, reverse osmosis, ultraviolet, and related support hcilities. The process control system hardware and sofrware are Emetson Delta V combined with Ethernet and Foundation Fieldbus connected conlrol devices. KDC Systems is the overall system inlegrator tor the proiect and is responsible for instrumentation specification and procurement, control panel design and fabrication, plant network expansion to incorporate the new control hardware, vendor equipment integration, and software development, testing, and commissioning. KDC will develop software detailed designs and test plans. Wtnessed testing will be conducted in the field. KDC Electicians are responsible for terminating and testing all control system wiring for the project. PROFESSIONAL BIO City Council 22 – 182 9/16/2025 € xoc spterre Ao E CoB Conpany KDC Systems provided control system engineering expertise to automate a new material handling, high speed sortation system for Ventura Pacific in Oxnard, CA. The process control system hardware and sofl\rare were Rockwell Automation and the project required integration with other specialty vendors of supplied equipment including sizer/fillers, barcode scanners, and palletizers. KDC Systems was the overall systems integrator tor the projec't and was responsible for control hardware specification and procurement, control paneldesign and labrication, plant network design, system electrical drawings, vendor equipment integration, and sott\,vare development, testing, and commissioning Gilead Sciences KDC Systems provided instrumentation, controlsystem engineering, and installation expertise to automate a new formulation, filtration, and lilling suite lor Gilead Sciences in La Verne, CA. The process control system hardware and software were Rockwell Automation and the proiect used specialty vendors for several proprietary systems. KDC Systems was the overall systems integrator for the projecl and was responsible for instrument specfication and procurement, controi panel design and labrication, plant nelwork expansion, vendor equipment integralion, and sottware development, testing, and commissioning. KDC held workshops with the owner and developed sofi^/are detailed designs, test plans, and a complete software library. Unwitnessed and witnessed testing was performed at our facility and repeated on site. KDC elec{ricians were responsible for installing. terminating, and testing all control system wiring tor the pro.iect. Other Project Experience AV Thomas Starkist Seafood Skechers USA LAX Terminal 7 Toyota Technical Center Jet Propulsion Laboratory Training and Certs: Eleclrical Engineering Rockrrcll Solutions Provider Fi6t Aid/CPR Ventura Pacific City Council 22 – 183 9/16/2025 € t<oc sptenrs An E$@B Congau Tuan Le, P.E. Bachelor of Science, l\4echanical Engineering, Calilornia Slate Polytechnic University, Pomona Calirornia Registered Professional Engineer, Mechanical,'1995, #M29804 Select Project Experience IRWD Biosollds and Enelgy Recovery Proiecll.2017-20201 Application: Biosolids and Energy Recover Facilities PLC: Schneider Modicon Quantum, M340 (Unity Pro) HMl,/OlT: AVEVA (Wonderware) System Platlorm Tasks: Lead team for programming and configuration of the Process Control System lor new plant, including submittals. development, configuralion, and testing ot PLC programs, HMI templates and instances, graphics, historian, reports, and alarm dialer; setup and testing o, redundant SCADA servers running on VMware ESXi; integration and testing of packaged equipment skids; field startup, device commissioning, and acceptance testing. Other Prorects Completed under Tenure Orange County Water Districl Final Expansion of GWRS Gilead Sciences Formulation Flitration and Flexible Fill Line LAX Central Lnility PIant LADWP Owens Lake Oust MitEalion, Phase 7 Orange County Water Distic{ AWTF and GWRS Allergan Technologies PLCs Schneider Modicon Ouantum, M340 (Unity Pro) SCADA, HMls, and OlTs AVEVA (Wondoaware) System Plat oIm Application Server, Hblorian, lnformation Server AVEVA Edge (lndusoft Web Studio) Wonderware lnTouch Senior Engineer 20 years with KDC Systems Education/Training: City Council 22 – 184 9/16/2025 € xoc sptenrs AoE Can Conqol Francisco lvan Castro Valdez Adication Engineat lt 8 Years' Experience / 7 Months with KDC Systems Education/Training: Associate Electronics Degree, ITT Technical lnstitute, Dayton, OH Protessional Bio Applicatlons En0lnoer ll September 2024 - Present - 7 months Los Alamitos, Ca Electrlcal Engineer ll June 2019 - September 2024 - 4 yr 3 months Responsible for Developing code for different customers but mainly Fedex, UPS and Amazon, I had to make sure that the code that We designed was good for specific projecls, I helped some on the biding ot the projects, reading electrical drawings to troubleshoot problems on the field, verify and fix rotations on 480V AC motors up to 50 HP using VFDS 550 from Allen Bradley, commission the conveyor system, test it with the customer and pass evaluations from the customer. Finishing with a week or 2 depending on the contract of support tor the client on the field and an extra on the phone. Also I had some opportunity to manage projec{s entirely, being able to start a projecl, design it, simulate it, test it on the field, test it with the customer and support it, on that year I had to manage a team or 4 engineers and 3 electricians to tinish the same project on multiple locations. Commlaaloning Engineer July 2016 - June 2019 - 3 yr Responsible for helping Electical Engineers to commission conveyor systems, doing l/O checkout, downloading and editing programs on Allen Bradley PLCS, electrical troubleshooling and VFD configurations. Also 6 months of experience managing 4 engineers to complete pan ol a proiect- lT Aasociate August 2015 - July 2016 - 1 yr Responsible for developing HTML webpages and troubleshooting them, working with a team ol associaies as a group to develop SOL databases for companies like Pepsico and Cerveceria Modelo Working on designing Electrical drawings. updating PLC codes from Rs Logix 500 to Studio 5000, commissioning a few projects on water teatment and completing 1 project from start to finish for an automaled field irrigation. City Council 22 – 185 9/16/2025 € xoc s;lctalns An EICoF Conpanl Eric Kosalka Appl i cation Engin eer I I 4 years in controls induslry / 1 years with KDC Systems Education/Traioing: BSEE, Califomia State Polytechnic University, Pomona Professional Bio: Erjc's experience includss design of medium voltage / low voltage power distribution, stand-by generation, interior/exterior lighting for buildings, automation & conlrol systems. Edc has designed full wiring diagrams for power distribution, panel assembly and layout drawings. He has also provided support for eleclrical technicians and electricians in the field. Technologies AutoCAD, Revi, BIM Software, Allen Bradley PLCS, GE lFlX, Dranview Select KDC Project3 iIASA JPL, Lifi Station 308 Controb Upgrade City Council 22 – 186 9/16/2025 € xoc sllrterns An EtlC0B Conpany Michael A. Gomez CAD Designer 27 years with KDC lnc./KDC Systems / 37 years' Experisnce in Controls lndustry Education / Certificates Associate of Science Degree for CADD/CAM D€s€n and Manufacturing - National Tecinical Schools, Los Angeles, CA Erperience Senior Controlg Oesigner Sept 1997 - Pr$ent - 27 yrs 8 mo3 Los Alamito3, Ca Provide most ofthe CAD design tor KDC Systems. Generate eleclrical wiring diagrams from engineer or customer noles and instructions. Design motor conlrol panels via wiring diagrams ror panel shop fabrication. Provide material requisitions for motor confol panel assembly. Generate field drawings for device location ftom engineer or customer notes and instructions Provide conduit and wire size lor field wiring installation. Provide 3D and BIM design lor projecis if needed. Assist project managers with support in field and lesting of panels in panel shop. Select Project Expertise LAX Baggage Handling Systems Gilead Sciences lnc. OCWD GWRS Final Expansion ESC Starkist Conveyor System (Somoa) Golden State Foods JPL Lift Station Controls City ot Santa Ana Well Nos. 27 & 28 PFAS Treatment Syslems OCWD - MF I RO Pilot Plant Upgrades Olivenhain MWD - PLC UNrades Panoche Short Term Storage Basins Xone C,anes BES Phases I & ll PROFESSIONAL BIO City Council 22 – 187 9/16/2025 CITY OF SANTA AI{A RFP NO.: 25-04ti PROGRAIVIMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SEFMCES APPENDIX ATTACHME T 5: CERTIFICATIONS Ctly of Sants An. RFP 2S0{6 Progremm€bl. l-oglc Cmtrcller (PLC) Programming and Cooa!fling SeMc€8 Pe!€ 1 City Council 22 – 188 9/16/2025 CITY OF SAN?A ANA RFP NO.: 2S046 PROGRAMMABLE LOGIC COMTROLLER (PLC) PROGMMMING AND CONSULTING SERVICES NoN-coLLUsroN aEEIEA\4I (Title 23 United States Code Sec{ion '112 and Public Confsct Code Section 7,106) ln conformance with Tide 23 United States Code Section 112 and Public Contrac{ Code 7'106 the BIDDER declares that the bid is not made in lhe interest of, or on behalt of, any undisclosed person, partnership, company, association, organization, or corporation; lhat lh€ bid is genuine and nol collusive or shami thal the BIDDER has nol dires{y or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirecuy colluded, conspiEd, connlved, or agreed with any BIDDER or anyone else to pul in a sham bid, or that anyone shall refrain from bidding; that th6 BIDDER has not in any mannor, directly or indirectly, sought by agreement, communication, or conbrence with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bld prlce, or of that of any other BIODER, or to secure any advantage againsl the public body awarding the contracl of anyone interesled in the proposad mntrac{i that all statements contained in th€ bid are truel and, turther, that ths BIDDER has not, direclty or lndhectly, submitted his or her bid price or any breakdown thereof, or the contenlo lhereof, or divulged lnformation or dala relative lher6to, or peid, and will not pay, any fee to any corporation, perhrership, company association, organization, bid depository, or to any member or agent thereof to effecluate a collusive or sham bid. Note: The above Non-mllusion Afiidavit is part of the Proposal. BIDDERS are ca that making a false ce mcaton may subieci the c6rtifi6r to cri nal prosecution Signed Bt,'t 41a.J o (\c (,Ja- State of ia County oi Orangg_ and swom to (or affnned) before me on this _ day of_ ,2O_, by , proved to me on the basis o, satisfuctory evidence to be lhe person(before mes Notary Public Signature Notary Public S€al S..- .*..i^.rl 5-.* - Clty of S.nt6 Ana RFP 2H46 Programmable Loglc Controllor (PLC) Pro€remming and Con3ulling Scrvicrs P'oe2 \--"c City Council 22 – 189 9/16/2025 C IIIORIII JUEAT Y]YI{ AFFTAI'T 3T II EIIT GOVERNMENT CODE S 8202 m S€e Attraied Oodmdn (t{otrry to cross out ltn€s t-6 bCow) O Se $ar€rnod B€loi, luna 1-6 to bo corndffid only by doct,ne.il dgnd3l, ,lot Notary) Sigr16.tuF- ol M)meft Sl$ar l,lo, 1 State ol Ceilfomia Slbocrib€d and swom to (or affnnod) b€{ore me County of Orange cr thb m$ dry 0,, bv&e is3- Yqt (1 Ben Martin {ancl ), ffi;C4n, lralrE Ir ir, 2(ll7 ,Jorretb, o, Sigrr6r{s) prDvld io rne on trre basls of 3ad6hdo.y €vi&noe lo ba the person(s) who appoar.d balor€ m€. Signatur€ S.al Pl,6a NoW Sd Abte oPIIo,r{4L- T}lougn Db secabn is @tioad, cbnpledng t,tt lt{ot ta,tion cal &tet elto,.uoa ol ttlp do<,//nlf,nt or hdrduleot rcat&rclva ol tis lorm to dt unk?and doq,n,.,.r,- DGlcrhdoat o, AffaOhad Ooq.IrE rt T:rf6 or Typ€ ot Documont iron4ottuisim Afidrav[DocumefilDate: None NurSsr ol P.ges: -1- ggne(a) OtherThen Nsnod Abov6: O20ll ila h.rEl Notary A36odation. www.t{atiomlilobryn ! , 1-80-US NOTAFY (1{G€76-6@7) hrn *5010 Signatrre ol oocune,,t Srgt,p,. No. 2 0l aty) A nohry grttc q a|ol* oficor cofid6tiE Ub c.dliceb \€ril.3 only tl6 E ly or-tl. lrdfU*r"t "m ,*r,"0 rc I do6rn6rt lo rhbh tl! crtlicat b atbch€d, ild nol lhr t\rtht/h6.s, ensca o. valldlly ol tlEi doqm€nt I City Council 22 – 190 9/16/2025 CIW OF SANTA ANA RFP NO.: 2tu46 PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES ION+OEEUIA-CEEIIEIC/AIIOI The prospeclive participant certifies, by s(rning and submltting thls bid or Proposal, to the best of his or her knowledge and balief, lhat: ('l) No Federal appropriated tunds have been paid or will be paid, by or on behalf of th€ undersigned, to any person for infuencing or attempting to influence an officer or employee of any Fed€ral ag€ncy, a Member of Congtess, an offioer or employee of Congress, or an smployee o, a Member of Congr66a in connedion with the awarding of any Federal contract, the making of any Faderal grant, lhe making ofany Federal loan, the entering into of any coop€rative agteBment, and the extension, continuation, renewal, amendmenl, or modllkation of any Federal coniac{, granl, loan, or cooperative agr€ement. (2) lf any furds other than Federal approprlatd tunds have been pald or will be paid to arry person ior in luencirE or attenpting to inffuence an offcer or employee of arry Federal agency. a irember of Congress, an offcer or employee of CorEress' or an employee of a Member of CorEress in coala'ledion with lhb Fedoral contracl, grant, loan, or cooperative agrc€ment, the utdersigned shall coflUlele atd submit Standard Form-LLL, "Disdcure of tlbbyirE Activiues," in @nformance wih its instrudions. Thls csrtillcation ls a material reprssentation of fact upon which relianca wa8 placed whon thls transaclion was made or entered into. Submission of thls certification is a prerequisite for making or entering into this transaction imposed by Section 1352' Tite 31,U.S.Code. Any person who fails to file the requircd certilicatlon shall b€ subjeclto a clvll ponalty of not less than $10,000 and not mora than $100,000 ior €ach such ,ailurB. The prospective partidpant also agrees by submitting his or her bkl or propcal that he or she shall r€quhe that the language of this certification be included in all lo er tier subcontrads, whicfi exceed $100,000 and thd all such subrecipienis shall cediry and disclGe accordingly. Signed: Eeo-Malli!)-l)-<-Jc'--Title: cFo Firm: KDC lnc. )_1, clty of s..d. Anr RFP 2 xa PrcClsmmabla Logio Conlrollea (PLC) ProCrammlng and Conasltno S6lvica! Pag.3 Date: City Council 22 – 191 9/16/2025 CITY OF SANTA ANA RFP NO.:25446 PROGRAi'MABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES NON.DISCRII'INATION CERTIFICATION The undersigned consultanl or corporate officer, during the performance ofthis contract, certifias as follows: 'l The Consultant shall not discriminate against any employee or applicanl for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative aciion lo ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination: rates o, pay or other forms of compensation; and selection for lraining, including apprenticeship. The Consullant agrees to post in conspicuous places, avajlable to employees and applicants for employmenl, notices to be provided setting forth lhe provisions of this nondiscrimination clause. 2. The Consultanl shall, in all solicltations or advertbements for employees placed by or on behalf ot the Consultant, state that all qualitied applicants will rec€ive consideration for smployment without regard to rac€, @lor, religion, sex, or national origin. 3. The Consultart shall send to each labor union or represenlalive of wokers with which h€/she has a colleclive bargaining agreemenl or other cofitrdcl or understanding, a notice lo be provided advisirE th_e said labor union or v,/orkers, representatives of the Consultants commiEnents under lhis sectjon, and shall p6t copi6 of the notice in conspicrious places available to Gmployees and applicants for employrnert. 4. The Consultant shall comply with a[ provlslons of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevanl orders oi the Secretary of Labor. 5. The Consullant shall turnish all information and reporls re uired b ElegIiyg Order 11246 of September 24, 1965, and by rules, Igggla[Qni and orders ofthe Secretary of Labor, or pursuant thereto, and will permit access lo his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. ln the event of the Consultanl's non-compliance with the nondiscrimination clauses of this contract or wilh any of the said rules, regulations, or orders, the contracl may be canceled, terminated, or suspended in whole or in part and the Gonsultanl maybe declared ineligible for further covemment contracls or federally assisted construclion contracts in accordance with procedures authorized in Execution Order 11246 of Saptember 24, 1965, and such other sanctions may be imposed and Clty of S6nta Ana RFP 25448 P.ogrammable Logic ControllEr (PLC) Programmlng end Con6ulting SeMc€g Page 4 City Council 22 – 192 9/16/2025 CITY OF SANTA ANA RFP NO.:2S48 PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AliID CONSULTING SERVICES remedies invoked as provided in Exacutive Order 11246 of Septemb8r 24, 1965, or by rule, regulations, or order of the S€cretary of Labor, or as otherwise proviJ€d by law. 7. The Consultant shall include the portion of lhe sentence immediately preceding paragraph (1) and the provislons of peragraphs (1) lhrough (7) in every subcontracl or purchase order unless exempled by rules, regulalions, or orders oflhe Secretary of Labor issued pursuanl to Section 204 of Executive Orde t 1246 of September 24, '1965, so that such provisions will be binding upon each subcontract or purchas€ order as the administering agenry may direct as means of eniorcing such provisions, including sanclions for noncomplianc€; provided, however, that in the event lhe Consutant becomes involved in, or is threatened with, litigstion with a subconsultant or vendor as a resull of such dir6ction by the administering agency, th6 Consultant may request that the Unhed Statos enler lnlo such liUgation to protect the interests of the Uniled States. Date I 8. Pursuant to califomia Labor Code Soc{ion 1735, 6s added by chapter 643 Stats. '1939, and as amended, no discriminalion 3h8ll be made in th€ employmenl of persons upon public works b€caus€ of rac€, rEligious creod, color, national origin, ancestry, physical handicaF, mental condilion, marital status, or sex ot such persons, excepl as provided in S€cllon 1420, and any consullant ot public works violatlng thls Sacdon ls Bqbiect to all the penallles impos€d for a violation of lhe chapler. Irl c:-_Signed: Ben Martin I i e-,-_)L. \. nle: CFo /- 7-\\ Firm: KOC lnc. City Council 22 – 193 9/16/2025 CITY OF SANTA ANA RFP NO.:2t046 PROGRAMMABLE LOGIC CONTROLLER (PLC} PROGRAMMING AND CONSULTING SERVICES APPENDIX ATTACHMENT 2: EEE PROPOSAI Note: This contract is subject to prevailing wages. TOi CITY CoUNCIL OF THE CITY OF SANTA ANA FROM: KDC lnc., dba KDC Systems Cortification - I certify that I have read, understand and agree to the terms and conditions ofthis Request for Proposal. I have examined the ATTACHiTENT l: SCOPE oF WORK. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any ellors, omissions or discrepancies to the City for clarilication prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limitsd to, diroct and indircct costs for labor, for staft per job cla$illcation, material, equipment rates, overhead, incidental supplies, tlavel, milsage, and tuel. Any apecial materials will be Purchased by the contractor only after di3cussed and authorized by the City proiGcls manager or designee in writing. Prior to commencemgnt ol services, Contractor Shall provido separate quoloa, upon roquest by the City, which shall be approved by the City'E Public Works waler Resourcos Division. EEE.SiCHEDUTE The undersigned declares that he/she has carefully examined the request for proposal, that he/she has examined the Proposed scope of services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed scope of services, for the unit price(s) set forth in the following schedule: Item#Bid ltem l'llil grJs$i${AqlglDl 1 Well40 Control Nanative LS 1 54256.00 2 LS 1 $ 95m.00 3.New Magelis HMI EA 1 I 3905.00 Programming of Modicon PLC LS 1 s 5320.00 5 HMI Programming LS 1 s 4256.00 Control Strategy Meeting HRS s $2.m 7 HMI Screen Development Meeting HRS $ 532@ a Provide Loop Drawings LS 1 $ 5€00 m City of Santa Ana RFP 2$046 Programmable Logic Controller (PLC) Programming and Consuliing Se.vic€s Page 1 Conlrollvidng I 6. City Council 22 – 194 9/16/2025 CITY OF SANTA ANA RFP NO.: 2$4ti PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES I Factory Acceptance Tesling HRS,32 $ 4256.00 10 Site Acceplance Testing HRS 32 $ 4256.00 11 PLC Testing Plans LS 1 93192.00 Training HRS s532m Total s46.437m Contractor shall submil additional labor. mate al end rental 60uipment rates alono with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. BIDDER INFORMATION: Legal Company Name: _KDC lnc, dba KDC Complete address: 4462 Corporate Center Drive Phone Number: 114 828 TOOO Email Address: J Weste rf ie ld @ K D C -S y ste m s. co m._-.. Authorized Signature Name:J rEs\ ffi Title: Business Oevelopment Executive City ofSanta Ana RFP 25-046 Programmable Loglc Conlroller (PLC) Programming and Consulting Services Page 2 12. City Council 22 – 195 9/16/2025 e KDC Systems A Divirlon ot XOC l.lc An EMCOR Company CUSTOMER: ADORESS: xDCWr ra62 Co.po.rte C€nbf Driw 16 arrniro3. cA 90720 T: 71,t.rl€4.2300 PROPOSAT ATTENTION: E.MAIL: PROJECT: REFERENCE DOCS: City of Santa Ana 20 Civic Center Plaza Santa Ana CA, 92702 Kyle Bushhousen Kbushhousen@santa-ana.org Rate Sheet Estimate #: 2-25-1025 TECHNICAL SUPPORT AGREE ENT SCOPE KDC Systems is pleased to provide support for the abovereferenced entity on a Labor Only basis at the following labor rates: Classitication Regular Engineer/Programmer $155/hour CAD $1oo/hour Proiect Manager S150/hour CLARIFICATIONEEXCLUSIONS 1 . All work is to be performed during standard hours; Monday - Fridsy, 7:00 AM - 4:00 PM 2. Site visils will be billed portal-to-portal, from KDC Systems' office in Los Alamitos, and are subject to a +hour minimum. 3. Any materials (hardware, sot\'vare etc.) or other labor not listed in the classifications above' such as eleclrician suppo , calibration support, etc. will be sutiec{ to addiiional charges. 4. This proposal is a Labor Only agreement. Po al-tGportal mileage is included for each travel day. lf ovemight accommodaiion is required, these will be billed at IRS rates per diem and lodging plus 20%. 5. The rates listed herein are valid for 12 months from the receipt of purchase order. 6. Payment Terms Net 30 7. Please see attached General Conditions. 't) fhe Best in Conld Solutions KOC 2-25-1025 Page llof3 City Council 22 – 196 9/16/2025 AGREEMENT WITH ENTERPRISE AUTOMATION TO PROVIDE PROGRAMMABLE LOGIC CONTROLLER (PLC) PROGRAMMING AND CONSULTING SERVICES THIS AGREEMENT is made and entered into on this 16th day of September, 2025 by and between Partners in Control, Inc., a California Corporation, DBA Enterprise Automation, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS 1.On April 24, 2025 the City issued Request for Proposal (“RFP”) No. 25-046, by which it sought qualified consultants to provide programmable logic controller (PLC) programming and consulting services for the City’s Public Works Agency. 2.Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 25-046. 3.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES At the City’s sole discretion, the Consultant shall perform the services described in the scope of work that was included in RFP No. 25-046, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant’s proposal, attached hereto as Exhibit B and incorporated in full. 2.COMPENSATION a.City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide PLC programming and consulting services under RFP 25- 046.The total compensation for these services provided by all such consultants selected under RFP 25-046 shall not exceed the shared aggregate amount of Two Million and Five-Hundred Thousand Dollars ($2,500,000) during the term of the Agreement, including any extension periods. EXHIBIT 4 City Council 22 – 197 9/16/2025 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonable be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for a three (3) year term through September 15, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a written executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE City Council 22 – 198 9/16/2025 Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers’ Compensation (W/C): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. • Professional Liability Insurance (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the City Council 22 – 199 9/16/2025 carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-paym ent. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Heidi Chou, 215 S. Center St., M-85, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. Subcontractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of City Council 22 – 200 9/16/2025 the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. City Council 22 – 201 9/16/2025 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall City Council 22 – 202 9/16/2025 participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and City Council 22 – 203 9/16/2025 Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 City Council 22 – 204 9/16/2025 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Luke Robert Stephenson, PE, PMP President Enterprise Automation 9050 Irvine Center Drive Irvine, CA, 92618 City Council 22 – 205 9/16/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nuñez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ENTERPRISE AUTOMATION By: Kyle Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Rudy Rosas, P.E. Acting Executive Director Public Works Agency Luke Robert Stephenson President Rodolfo Rosas Digitally signed by Rodolfo Rosas Date: 2025.08.28 16:24:37 -07'00' City Council 22 – 206 9/16/2025 EXHIBIT A SCOPE OF SERVICES City Council 22 – 207 9/16/2025 City Council 22 – 208 9/16/2025 City Council 22 – 209 9/16/2025 City Council 22 – 210 9/16/2025 City Council 22 – 211 9/16/2025 City Council 22 – 212 9/16/2025 EXHIBIT B CONSULTANT’S PROPOSAL City Council 22 – 213 9/16/2025 Proposal Response for: PLC Programming and Consulting Services v.1.0.0 EA PROJECT NUMBER: EA25CSA160 Prepared for: City of Santa Ana On: May 29, 2025 Prepared by: Marshall McElroy Client Account Manager “Nothing Leaves Untested” City Council 22 – 214 9/16/2025 Subject: PLC Programming and Consulting Services Attention: Fallon Franklin Thank you for providing this opportunity to submit our proposal for PLC Programming and Consulting Services for the City of Santa Ana (the City). As we understand it, the City is seeking the services of a qualified control systems integrator to configure PLC and HMI control system programs for the City’s water production facilities on as-needed basis. The City is additionally searching for a firm that has the expertise and capacity to provide professional automation consultation services for each of the City’s major CIP projects. Enterprise Automation is the City’s most recent Change Manager (CM) and one of three qualified, City approved PLC programmers. Enterprise Automation has delivered this RFP’s scope of services for the City across nearly 30 projects and has been the City’s trusted system integrator for the past 10 years. Over the course of our relationship with the City, we have acted as an extension of the City’s staff to implement protocols, best practices, and standards that have ensured site implementation consistency and significantly enhanced the City’s water controls infrastructure over their water assets. Enterprise Automation fully understands the complexity and risk associated with this contract and has executed work under similar contracts for over two dozen municipalities. EA is one of the most highly certified, trained, and recognized firms in the region and is more than capable of executing this scope of work. We are ideally positioned to meet the City’s specific needs and ensure that the City’s water controls infrastructure will continue to adhere to their standards and operate at peak efficiency. Notably, 1. We specialize in the design, implementation, testing, and commissioning of water and wastewater PLC and SCADA controls systems. 2. Our staff has 180 certifications, 13 professional engineering licenses, and has completed 1,300+ projects with the City’s standardized technologies (AVEVA and Schneider Electric). 3. We have a holistic understanding of the City’s vision for their SCADA assets. We developed the design standards that are currently being used to upgrade the City’s pump stations. 4. EA designed and implemented the City’s highly effective Change and Source control systems. 5. EA’s headquarters, and the majority of our staff, is located in Irvine, less than 30 minutes away from most of the City’s water assets. The following proposal describes our standard methodologies and initiatives, which we use to deliver consistent, high-quality systems for our customers and would continue to use on City projects. We appreciate your review of our proposal and consideration of Enterprise Automation (C corporation) as your trusted partner. We hope to have the opportunity to continue providing our best-in-class service with a meticulous commitment to fiscal responsibility and efficiency for the City. As the Client Account Manager, I hereby submit this RFP response. This proposal is valid for a 120-day period from the date of submittal, May 29, 2025. Sincerely, On behalf of: Marshall McElroy Luke Stephenson, PE, PMP Client Account Manager President City Council 22 – 215 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Table of Contents Page Number: 1 of 1 Table of Contents Table of Contents .............................................................................................................................................. 1 1. Agreement Statement .............................................................................................................................. 2 2. Firm and Team Experience ..................................................................................................................... 3 2.1 Firm Overview .................................................................................................................................... 3 2.2 Tetra Tech .......................................................................................................................................... 3 2.3 Our Services ....................................................................................................................................... 4 2.4 Project Team ..................................................................................................................................... 5 2.5 Qualifications ..................................................................................................................................... 6 3. Understanding Scope of Services .......................................................................................................... 9 3.1 Documentation Investigation ......................................................................................................... 9 3.2 Program Investigation and Troubleshooting .............................................................................. 9 3.3 Program Development, Testing, and Maintenance ................................................................. 10 4. Relevant Project Experience ................................................................................................................ 11 4.1 Project Profiles ............................................................................................................................... 12 5. References .............................................................................................................................................. 16 Appendix A: Well 40 Scope of Work ............................................................................................................ 18 Appendix B: Resumes .................................................................................................................................... 19 Appendix: C Certification Documents ........................................................................................................ 20 City Council 22 – 216 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Agreement Statement Page Number: 2 of 20 1. Agreement Statement While Enterprise Automation is prepared to sign the standard agreement in Attachment 4 of the City’s RFP as is, we would appreciate the opportunity to discuss certain terms for clarification prior to the execution of this contract. Terms to be discussed include: • Limitation of Liability • Indemnification • Consequential Damages • Insurance and Liability • Termination • Misc. items the City’s contract is silent on Enterprise Automation also meets the insurance requirements detailed in the RFP and can provide evidence of financial capacity to fully perform the required services. City Council 22 – 217 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Firm and Team Experience Page Number: 3 of 20 2. Firm and Team Experience 2.1 Firm Overview Enterprise Automation (EA) is a full-service integration and automation consulting firm located in Irvine, California. Over the past 26 years, our staff has grown to almost 60 individuals, the majority of whom are full-time, degreed engineers working from our local headquarters in Irvine, CA. Due to our growth, we an additional office in Phoenix, Arizona. EA serves a variety of process-driven industries but specializes in systems that monitor and control the treatment, distribution, and storage of water and wastewater. We focus on providing relationship-based and client-centric integration and on call services, and our traditional systems integration services (including upgrading, maintaining, and replacing SCADA and PLC systems) are complemented by a suite of consulting services including but not limited to on call services, SCADA and OT network audits, master planning, cybersecurity, and budget management. We have the experience, project management systems, and bandwidth to complete various projects/task orders in parallel and on an as-needed, on-call basis. Furthermore, we have a long history of designing and implementing SCADA platforms and PLC hardware that provide lasting value, are easy to maintain, and experience little unexpected downtime. 2.2 Tetra Tech Tetra Tech is a global leading provider of water-focused consulting and engineering services and has over 50 years of experience in the engineering industry. EA was acquired by Tetra Tech in 2021 and is now helping lead their newly formed Digital Systems Group (DSX), which provides automation solutions for various industries that rely on complex control systems. We leverage the combined strength of the DSX group to deliver high quality projects in any industry and in any location. Through Tetra Tech, we have access to 500 global offices and can utilize any of their 28,000 employees as embedded team resources, providing unprecedented access to specialists in cyber security, water and wastewater design, renewable energy, and hundreds of other disciplines. Within Tetra Tech, EA still operates as our own brand with independent management, and we maintain our focus on personal relationships that create long term value for our clients. “We are Project Execution Specialists” City Council 22 – 218 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Firm and Team Experience Page Number: 4 of 20 2.3 Our Services Beyond the requested services outlined in the RFP, EA offers a broad range of additional capabilities. Below is a high-level summary of our full service offering. Requested Services Modicon PLC architecture design and programming • Control strategy design and documentation • PLC configuration, modifications, and conversions Magelis local interface (HMI/OIT) configuration and programming As-needed and urgent support • Dedicated after-hours phone service • Routine maintenance visits • Mission critical deployments OT network, server, and hardware configuration • Router/switch configuration • Network communications design and configuration • Radio system troubleshooting, design and configuration Additional Areas of Expertise SCADA system design and configuration • Back-end data processing • User interface and screens • Alarms, trending, and process data historian Budgeting and Master Planning SCADA platform standardization, architecture development, and optimization • IC&E and SCADA Standards • Virtualized SCADA server platform design and configuration • Predictive analytics development/deployment consulting and solution services SCADA cybersecurity support services • IT/OT audits/investigations • Domain and software management • Domain server infrastructure design and configuration Control panel design, procurement, and testing City Council 22 – 219 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Firm and Team Experience Page Number: 5 of 20 2.4 Project Team EA’s project methodology relies heavily on a structured and intentional staffing model. EA will assign an Account Manager, Project Technical Lead, and a Project Manager to this contract. Additionally, EA will assign additional resources on an as-needed basis depending on the current project or support need. Below is a table listing the personnel that would be assigned to the City’s projects as required and their percentage availability for work associated with this contract. EA will contact the City for approval of any staff augmentations. EA has 40 full-time degreed engineers to choose from to support this project team. Many of our project engineers, including the Architect and Project Technical Lead, have been supporting the City’s projects for years, gaining valuable knowledge and experience with the City’s assets. Garrett, the Project Manager, will be the City’s primary point of contact throughout the life of this contract. Detailed resumes are provided in Appendix A Resumes. City Council 22 – 220 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Firm and Team Experience Page Number: 6 of 20 2.5 Qualifications Below is a detailed description of how Enterprise Automation meets and exceeds the City’s minimum requirements as well as additional qualifications we deem relevant to the City’s RFP. 2.5.1 Minimum Qualifications 2.5.1.1 Code Compliance The City requires that work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. For each of our clients’ projects, EA ensures a clear understanding of the different standards and codes required for our scope of services and adheres to them. EA has an internal team of senior engineers that regularly studies new editions of these standards, informs our engineering team, and enforces compliance to these for all of our projects. EA works diligently to ensure compliance with the latest editions of each code and standard the City requires, including: • Institute of Electrical and Electronics Engineers (IEEE) • National Electrical Code (NEC) standards • National Fire Protection Agency (NFPA) • American Society of Testing and Materials (ASTM) • International Electrical Testing Association (NETA) • State Department of Industrial Safety (CAL/OSHA) 2.5.1.2 Years of Experience The City requires proposers to have 5 years of experience in providing SCADA network and PLC programming services. EA has been in business performing SCADA and PLC programming services for over 26 years. Additionally, we have had team members that have been working with the City specifically for 10 years, both metrics far exceeding the requirement of 5 years the City has requested. 2.5.1.3 State and Local Permits The City requires that proposers possess state and local permits, licenses, and certificates requires by law to commence, carry, and complete the work for this RFP. Given EA’s experience in this line of work, we believe the only permit, license, or certificate that may be required is to be registered with the Department of Industrial Relations (DIR). Enterprise Automation is not registered with the California DIR because our technical staff are exempt employees with engineering degrees or equivalent. We therefore have no staff that qualify under any prevailing wage category. Accordingly, we have no wage information to report or lodge with the DIR and are exempt from registration. 2.5.1.4 Equipment Provisions The City requires proposers to provide all necessary equipment to competently perform and complete work as specified. To support all of our clients, EA purchases consignment licenses so that we have our own licenses for the software our clients use. Additionally, EA purchases PLC and communications hardware to build a physical testing and development environment, configured to replicate each of our clients’ onsite controls systems. This way, in-house development and testing prior to commissioning is a standard practice unique to EA. City Council 22 – 221 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Firm and Team Experience Page Number: 7 of 20 2.5.2 Additional Qualifications 2.5.2.1 Schneider Electric PLCs, HMIs, and RTUs As an advanced user of Schneider Electric’s SCADA platforms, Modicon PLCs, and wide range of instrumentation and controls technologies, we have achieved significant status with their global brand and won their global 2023 Sustainability Impact Award. We are: • The first partner to earn Modicon PLC Modernization Certified credentials • The first and one of two Water & Wastewater certified Alliance Partners in the USA We have the most Schneider certified employees in California and have worked with over a dozen California water entities that use Schneider Electric products, ranging from modern Modicon M340s and M580s to aged Quantum and Momentum. Additionally, we have more Control Expert and EcoStruxure Control System professionals than any firm in the country. Some of our municipal Modicon Control Expert projects include: Client Application Hardware City of Fresno Water treatment + distribution Quantum, Momentum, M340 City of Huntington Beach Water + Wastewater distribution M340, M580 City of Palm Springs Cogen plant M580 City of Santa Ana Water pump stations Momentum, M340 Encina Wastewater Authority Wastewater treatment M580 Golden State Water Company Water treatment + distribution Micro, Momentum, M340 Orange County Sanitation District Water treatment + distribution Quantum, M580 Rancho California Water District Water distribution M340 South Coast Water District Water distribution M340 Sweetwater Authority Water treatment + distribution Premium, Momentum, Quantum, M340 32 Certifications 16 Schneider Clients 560+ Projects City Council 22 – 222 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Firm and Team Experience Page Number: 8 of 20 2.5.2.2 AVEVA SCADA Software As noted in the City’s response to RFIs, the City utilizes AVEVA’s SCADA software, AVEVA System Platform. Should support be needed for the SCADA platform, EA is one of the most expeirenced systems integrators in the area to assist the City with this software. In 2020, due to our breadth of project experience and product expertise, Enterprise Automation was selected as AVEVA’s first Endorsed System Integrator in California, placing us in the top 1% of AVEVA systems integrators in the world. Because of our exemplary work with AVEVA products, AVEVA selected EA as their 2023 System Integrator of the Year. EA carries more AVEVA certifications than any integrator in California. Our staff has earned 65 certifications across 10 different AVEVA products. Because EA has such a close relationship with Wonderware and their local distributor, Wonderware California, we have access to the highest tiers of support and technical expertise and ensure our clients never overpay for support or upgrades. The following is an abbreviated list of our clients who use AVEVA products: Client Application Technology City of Huntington Beach Water and wastewater AVEVA Reports 2023 City of Newport Beach Water Wonderware Historian, Wonderware App Server 2020 City of San Mateo Water Wonderware Historian 2020, Wonderware App Server City of Santa Ana Water AVEVA System Platform Encina Wastewater Authority Wastewater treatment Wonderware Historian 17.2 Golden State Water Water treatment and distribution Wonderware Historian 2014, InTouch 2014 OC Sanitation Water treatment and distribution Wonderware App Server 2020 Scholl Canyon Waste management Wonderware South Coast Water District Water InTouch 10.5 Sweetwater Authority Water treatment and distribution Wonderware Historian 2017, AVEVA Production Management 2020 Vallecitos Water District Water AVEVA Historian, AVEVA System Platform 63 Certifications 31 AVEVA Clients 780+ Projects City Council 22 – 223 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Understanding Scope of Services Page Number: 9 of 20 3. Understanding Scope of Services Enterprise Automation understands that the City, through this RFP, is seeking a highly qualified Industrial Automation Systems Integrator that will: 1. Investigate and document existing control circuits for which no documentation or outdated documentation exists 2. Troubleshoot existing control circuits to help identify root problems affecting the control process 3. Provide PLC program support (update and troubleshoot existing programs and develop new programs) 4. Provide HMI/OIT support (add new screens, write new programs, troubleshoot existing programs) 5. Provide PLC maintenance (firmware updates, PLC component testing, point to point IO testing, etc.) 6. Provide support for the dedicated SCADA Network (network troubleshooting, update network drawings) Following is a summary of our approach to these services. A detailed scope of work aligning with the Fee Proposal for Well 40 is included in Appendix A. 3.1 Documentation Investigation EA understands the importance of accurate documentation for controls systems and takes great measures to ensure our clients have thorough documentation that can be used to maintain their system. Without the existence of design documentation or unreliable documentation, a system becomes much more difficult to troubleshoot and correct issues. For a project with existing documentation, especially if it is unknown if the documentation is in an as-built state, EA will conduct an onsite investigation to verify the accuracy of the documentation. Where there are discrepancies, EA will redline existing documents to match onsite conditions. If a project has no site documentation or is a brand new site, EA will include the development of site documentation in our scope of work. This assists in future troubleshooting efforts and allows EA to conduct programming activities in a much more efficient manner. 3.2 Program Investigation and Troubleshooting A prerequisite for accurate program investigation and troubleshooting is having design documentation that details how the program is supposed to operate for a given site. After EA gathers, verifies, and/or develops new documentation, EA will be properly equipped to conduct a program investigation and troubleshooting tasks. EA will primarily utilize a program backup to investigate and make changes to a client’s programs. After identifying the source of the issue, EA will make updates on our internal test platform (discussed in Section 3.3) prior to deploying the fixes to the live system. This methodology promotes risk mitigation practices, ensuring changes to programs do not cause unexpected issues prior to implementing them on the live controls system. City Council 22 – 224 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Understanding Scope of Services Page Number: 10 of 20 3.3 Program Development, Testing, and Maintenance EA utilizes an internal test and development platform (test platform) at our headquarters in Irvine to develop, test, troubleshoot, and remotely support our clients and their PLC/HMI programs. Our test platform is a critical resource that allows us to replicate a situation and test remediation strategies much faster than we could if we had to mobilize and travel to site to test our clients’ programs. It also allows us to develop and test program updates in an isolated environment where production and personnel safety are not affected. The core of our test platform is the test platform server infrastructure, which hosts virtualized, as- built clones of all onsite computers, network appliances, and in cases where a physical version is not practical, simulated network security devices. Servers are air-gapped and secured using industry and Department of Homeland Security best practices. When the City requires any PLC/HMI programming, testing, troubleshooting, or maintenance, EA will utilize the test platform to execute work prior to onsite deployments. EA has hosted the City’s PLC backups and hardware for the last 10 years. City Council 22 – 225 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Relevant Project Experience Page Number: 11 of 20 4. Relevant Project Experience For over 20 clients, EA is currently acting simultaneously as the integrator, consultant, and an extension of staff under either professional or master services agreements. These contracts are nearly identical in both scope and intent to the contract proposed by the City. We strongly believe that our success with these contracts is founded on our strong partnerships with our clients. These relationships are built on the mutual trust that both sides are equally dedicated to accomplishing the common goal of creating a standardized, effective, and reliable SCADA system. The table below highlights some of our key municipal clients and the scope of services we provide that are relevant to this RFP. Client PLC Programming Services Functional Specifications Programming and Testing Specs SCADA Source Control SCADA Change Control Code Compliance PM and Coordination Control Panel Drawings Factory Acceptance Testing Site Acceptance Testing SCADA/PLC Training Encina Wastewater Authority            Sweetwater Authority            City of Santa Ana            City of Huntington Beach            City of Newport Beach           City of Fresno            Vallecitos Water District           City of Long Beach            OC Sanitation District          Carlsbad Municipal Water District          City of Santa Monica        City of San Mateo          Valley Center Municipal Water District          South Coast Water District            Golden State Water Company            City Council 22 – 226 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Relevant Project Experience Page Number: 12 of 20 4.1 Project Profiles Following are project profiles representative of EA’s project experience and capabilities similar to those listed in this RFP. SCADA Change Manager Services Agreement City of Santa Ana PROJECT: CLIENT BACKGROUND: The City of Santa Ana is located in the heart of Orange County, California, and is approximately 27 square miles. The City provides potable drinking water for the City’s 334,000 residents and businesses. The City’s water production system consists of 21 wells, 4 pressure control stations, 7 Metropolitan Water District connections, 7 pumping stations, and 5 reservoirs. The City also operates and maintains 4 sewer lift stations. Control and monitoring of the water system and sewer facilities are coordinated via the City SCADA system using a series of radios which transmit data from remote locations to the centralized City Home SCADA control room. PROJECT DESCRIPTION The City normally uses design-bid-build project delivery mechanisms, which yields a variety of contractors implementing their water production facilities but they desired more consistent designs to streamline operations and maintenance. In order to make standardization a priority and instigate a cultural shift, the City decided they needed a qualified automation consultant to prepare standardized functional specifications, HMI graphics standards, control panel drawings, automation program testing protocols, and change control mechanisms as a means to institute oversight for the City's contracted controls programmers. Through this contract, EA has hosted several process control and standardization workshops with City personnel and immediately used the decisions to develop standardized functional specifications, electrical designs, and test protocols for use at their water sites distribution sites. Concurrently, EA created change control policies, a source control system, and developed documented programming standards for all future City projects to ensure their water facilities were consistent. In addition to ongoing Change Manager Services, EA currently assists the City’s SCADA programmer in configuring new screens and tags in the new AVEVA System Platform SCADA system, developing new PLC and OIT programs, deploying configurations onsite and verifying proper operation of the site by leading startup and commissioning activities. Change Manager Services Agreement 215 S. Center St. Santa Ana, CA 92704 CLIENT CONTACT: Heidi Chou Principal Civil Engineer  (714) 647-3571  hchou@santa-ana.org PROJECT MANAGER: Garrett Prevo PROJECT DETAILS Key Insights -Source control -Change control -SCADA Standards Development -Contractor Design Reviews -Functional Specification Development -Contractor and Programmer oversight Key Technologies -Modicon PLCs -Modicon HMIs -AVEVA System Platform Project Metrics -EA’s Services Value - $2M -Contract Period- 2018 - Present City Council 22 – 227 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Relevant Project Experience Page Number: 13 of 20 As-Needed SCADA Integration Master Services Agreement Sweetwater Authority PROJECT: CLIENT BACKGROUND: Sweetwater Authority (SWA) provides water treatment and distribution to 200,000 people in a service area that covers 32 square miles near San Diego, California. It is a publicly owned water agency governed by an elected Board of Directors. PROJECT DESCRIPTION In 2005 SWA executed an integrator interview process to select an integrator partner. EA was selected as their sole integrator due to demonstrated SCADA and water industry competence. EA’s scope covers all SWA water production plants, ground water wells, and distribution controls. EA was engaged early as a core team member of SWA’s SCADA master planning committee, which continuously provides strategic direction and planning for SWA’s SCADA systems. Through consecutive professional service agreements beginning in 2005, this partnership has created one of the most standardized and robust automation platforms in the industry. Sweetwater Authority is setting the standard for water control system design and management. EA was initially tasked with addressing several specific needs like SCADA alarming and data validation, but quickly progressed to comprehensive controls system design, long-term automation consulting, and development of a standards portfolio for the Authority. The current standards portfolio includes capital project system I&C design standards and review, control panel design, SCADA equipment and components, networking, IT policy, virtualization, PLC code, HMI graphics, process control methodology, data storage, MES, water quality reporting, and operator training standards. EA maintains all of these resources in the Authority's source control system and supports the Authority in enforcing their standards in new capital improvement projects and interim system changes. EA currently supports SWA as a sole sourced systems integrator to design and implement various improvement projects and an automation consultant to assist with annual planning, master plan budgeting, and working as an extension of staff and as a primary SCADA resource. Master Services Agreement 100 Lakeview Ave. Chula Vista, CA 91910 CLIENT CONTACT: Justin Brazil Director of Water Quality  (619) 409-6802  jbrazil@sweetwater.org PROJECT MANAGER: Michael McKenney PROJECT DETAILS Key Insights -Source control -Change control -Standards design -SCADA Evolution -Master/Annual Planning -Annual Support Contract -Full Distribution RTU replacement Key Technologies -AVEVA Plant SCADA -AVEVA Historian -AVEVA Ampla -Modicon PLCs -Magelis OITs -MDS Radios -Cisco Networking Equipment -MOXA firewalls Project Metrics -EA Services Value: $11M -Contract Period: 2005 - Present City Council 22 – 228 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Relevant Project Experience Page Number: 14 of 20 As-Needed SCADA Integration Professional Services Agreement City of Huntington Beach PROJECT: CLIENT BACKGROUND: The City of Huntington Beach, California is a full service, predominantly residential city with a population of about 200,000 located in northwestern Orange County. The City owns and operates both the water utility and wastewater collection system serving its 200,000 citizens. Their assets include 27 sewer lift stations, 10 wells, 5 reservoirs, 16 flood stations, and 9 turnouts where imported water from Metropolitan Water District (MWD) is resold to several local cities and agencies. PROJECT DESCRIPTION EA was awarded our first PSA with the City in 2013 and has been working closely with them since. During the time of the first PSA award, the City faced the challenge of locating and retaining a local systems integrator with the qualifications, references, resources, and dedication needed to meet the immediate and future needs of a public entity providing water and wastewater utilities to customers in a growing metropolitan area. Specifically, the City needed three forms of support: on-call support for their legacy system, planning and execution of projects, and assistance with planning their replacement SCADA system. EA’s solution started with auditing existing assets, documenting pressing needs, and hardening the legacy system for improved reliability. The first priority and most significant improvement was virtualizing the City’s 30 computer platform, stratifying the SCADA networks, and isolating the water and wastewater Wonderware projects. Upon completion, EA conducted preventative maintenance routines on a semi-annual basis, incorporating change requests for City operations as needed. Concurrently, EA conducted workshops with the City to define their vision, preferred automation standards, and plan upgrade projects accordingly. To better meet the operational needs of the City, EA transitioned the Wonderware SCADA systems to VTScada. Instead of the usual up-front approach of writing and getting approval for a long and involved project specification, the City proposed a more agile methodology for the project. In- person, bi-weekly meetings were scheduled, which gave the City direct involvement in the development and more control over the process by enabling just-in-time decision making. Today, EA continues to build on and rehabilitate the City’s platform and SCADA assets. Projects include the modernization and rehabilitation of City sewer lift stations, PLC replacements at similar City assets, and continuous long-term planning for the City’s SCADA assets. Professional Services Agreement 19001 Huntington St. Huntington Beach, CA 92648 CLIENT CONTACT: Stewart Griffin Utilities Technology Coordinator  (714) 374-1755  stewart.griffin@surfcity-hb.org PROJECT MANAGER: Clarence Go PROJECT DETAILS Key Insights -Source control -Change control -Standards design -SCADA Replacement -Master/Annual Planning -Annual Support Contract -Physical server to virtualized platform conversion and consolidation -Complete platform software upgrade -Department of Homeland Security Audit Key Technologies -VTScada -VMWare ESXi virtualized platform -Modicon PLCs -Magelis OITs Project Metrics -EA Services Value: $4M -Contract Period: 2013 - Present City Council 22 – 229 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Relevant Project Experience Page Number: 15 of 20 As-Needed SCADA Integration Master Services Agreement Encina Wastewater Authority PROJECT: CLIENT BACKGROUND: The Encina Wastewater Authority (EWA) is a public agency located in Carlsbad, California. EWA provides wastewater treatment services to more than 400,000 residents in northwestern San Diego County. EWA’s facilities and services are essential for protecting the local ocean environment, preserving public health, and providing recycled water resources for the region. Enterprise Automation has provided sole sourced automation and integration services to EWA since 2017 as part of a five-year professional services agreement. PROJECT DESCRIPTION Since the current control system was originally implemented at Encina Water Pollution Control Facility (EWPCF), the system has been maintained and upgraded by EWA staff, low-bid integrators, and miscellaneous contractors. This approach lacked standardization and documentation, leading to network and reliability issues. In 2017 the Authority developed and released an RFP to find an automation consultant who could overhaul the entire facility and develop a platform built on industry best practices and a pervasive standardization. EA was awarded the five-year Master Services Agreement and immediately set to developing a master plan for the future of the EWPCF. Through this contract, EA was tasked with: • Implementing source and change control systems • Control panel designs • Network designs • Functional/operational specifications • Virtualized design and implementation • Test platform development • Programming and configuration • FAT, startup, and SAT documentation and execution • Change Management services EA is currently executing several concurrent projects according to the developed Master Plan to address the nearly 6,300 IO spread across seven plant areas. Master Services Agreement 6200 Avenida Encinas Carlsbad, CA 92011 CLIENT CONTACT: Scott McClelland General Manager  (760) 268-8837  smcclelland@encinajpa.com PROJECT MANAGER: Matt Avila PROJECT DETAILS Key Insights -Source control -Change control -Standards design -SCADA Master Planning -Complete facility controls overhaul -6,300 IO over 7 plant areas -50+ PLCs Key Technologies -Modicon PLCs -Schneider HDCS -AVEVA Historian -AVEVA Plant SCADA -Test Platform -Source Control -Change Control Project Metrics -EA Services Value: $15M -Contract Period: 2017 - Present City Council 22 – 230 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response References Page Number: 16 of 20 5. References City Council 22 – 231 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response References Page Number: 17 of 20 City Council 22 – 232 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Appendix A: Well 40 Scope of Work Page Number: 18 of 20 Appendix A: Well 40 Scope of Work City Council 22 – 233 9/16/2025 210 Goddard Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Page Number: 0 of 18 Scope of Work Well 40 Program m ing and Consulting Services v.1.0.0 PROJECT NUMBER: EA25CSA160 Prepared for: On: City of Santa Ana 5/29/2025 Prepared by: Marshall McElroy Reviewed by: Alex Stipe Address: 9050 Irvine Center Drive, Irvine, CA 92618 USA Phone: (949) 769-6000 Web: www.eaintegrator.com City Council 22 – 234 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 1 of 17 History Revision Date Description of Change Author Reviewed 1.0.0 5/29/2025 Original MM AS Table of Contents History ............................................................................................................................................................. 1 Table of Contents .......................................................................................................................................... 1 Acronyms and Terms ................................................................................................................................... 2 1 Proposal Background ............................................................................................................................... 3 2 Project Goals .............................................................................................................................................. 4 3 Assumptions .............................................................................................................................................. 4 4 Scope of Work ........................................................................................................................................... 5 4.1 Control Narrative............................................................................................................................... 5 Control Narrative Deliverables ................................................................................................................ 5 4.2 Control Wiring .................................................................................................................................... 6 Control Wiring Deliverables ..................................................................................................................... 6 4.3 Magelis HMI ....................................................................................................................................... 6 Magelis HMI Deliverables ........................................................................................................................ 6 4.4 PLC Programming ............................................................................................................................ 7 PLC Programming Deliverables ............................................................................................................. 7 4.5 HMI Programming ............................................................................................................................ 7 HMI Programming Deliverables ............................................................................................................. 8 4.6 Control Strategy Meeting ................................................................................................................ 8 Control Strategy Meeting Deliverables ................................................................................................. 8 4.7 HMI Screen Development Meeting ............................................................................................... 8 HMI Screen Development Meeting Deliverables ................................................................................. 8 4.8 Loop Drawings .................................................................................................................................. 9 Loop Drawings Deliverables ................................................................................................................... 9 4.9 Factory Acceptance Testing ........................................................................................................... 9 Factory Acceptance Testing Deliverables ............................................................................................ 9 4.10 Site Acceptance Testing ................................................................................................................. 9 Site Acceptance Testing Deliverables ................................................................................................... 9 4.11 PLC Testing Plans ......................................................................................................................... 10 PLC Testing Plans Deliverables ........................................................................................................... 10 4.12 Training ............................................................................................................................................ 10 Training Deliverables ............................................................................................................................. 10 4.13 Value Added Services ................................................................................................................... 11 Value Added Services Deliverables ..................................................................................................... 13 5 Assumptions & Clarifications .............................................................................................................. 14 6 Schedule .................................................................................................................................................. 15 7 Cost Estimate ......................................................................................................................................... 15 7.1 Materials .......................................................................................................................................... 15 7.2 Travel ............................................................................................................................................... 16 8 Conclusion ............................................................................................................................................... 16 City Council 22 – 235 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 2 of 17 9 Terms & Conditions ............................................................................................................................... 17 Appendix A: Deliverables List ....................................................................................................................... 18 Client Deliverables ...................................................................................................................................... 18 Internal Deliverables .................................................................................................................................. 18 Acronyms and Terms For the remainder of the document the following acronyms will be used Term Description EA Enterprise Automation (Integrator) FAT Factory Acceptance Test HMI Human Machine Interface O&M Operation and maintenance manuals PLC Programmable Logic Controller PM Project Manager SAT Site Acceptance Test SCADA Supervisory Control and Data Acquisition (refers to the entire automation system) CoSA, the City City of Santa Ana City Council 22 – 236 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 3 of 17 1 Proposal Background In March 2018, the City of Santa Ana awarded Enterprise Automation (EA) a three-year professional services agreement to provide SCADA and PLC “Change Management” services which was extended an additional two years and awarded again in 2023. In this role, EA is responsible for promoting and implementing standardization and best practices throughout the City’s water distribution SCADA system. EA has been providing SCADA integration services to the City of Santa Ana since 2014 through several projects including East Pump Station, SA-5, San Lorenzo Lift Station, Well 38, Garthe Pump Station, Walnut Pump Station, and more. Additionally, Enterprise Automation is one of the City’s contracted systems integrators responsible for PLC and HMI programming. The focus of this project is the design and implementation of the control systems at Well 40. EA’s specific deliverables and tasks for this project are: 1. Develop the following design documentation for Well 40 a. Panel design (ready for fabrication drawing set and design calculations) b. PLC Functional Specification (Functional Specification) c. Loop drawings 2. Host Control Strategy and HMI Screen Development Workshops 3. Procure a new Magelis HMI for the Well 40 control panel 4. Program the PLC and HMI for Well 40 5. Generate PLC Testing documentation 6. Execute SCADA Factory Acceptance Testing 7. Execute Site Acceptance Testing 8. Develop operator training manuals and deliver training sessions 9. Value Added Services a. Project initiation, meetings, and project management services b. Develop the following design documentation for Well 40 i. Tag, IO, and equipment lists ii. HMI Design iii. Network overview drawing c. Execute internal PLC and HMI integrated testing d. Develop panel testing procedures and checklists e. Execute panel FAT f. Provide deployment planning documentation and workshops g. Execute onsite deployment activities pre-SAT h. Deliver post-commissioning as-built design documents City Council 22 – 237 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 4 of 17 2 Project Goals The goals of this project are: 1. Develop designs according to the City’s existing SCADA, PLC, OIT, network, IO, and panel standards. 2. Ensure that the control requirements for Well 40 are thoroughly documented. 3. Help the City achieve their long-term goal to standardize their entire water distribution SCADA system. 4. Develop PLC and HMI programs according to developed design documentation 5. Test and deploy Well 40 PLC programs, HMI programs, and PLC control panel 6. Train operations staff on usage of the control system for Well 40 7. Reduce budget and operational risk from the implementation and commissioning phases of this project. 3 Assumptions Please see Section 5 for Assumptions and Clarifications. Note: many assumptions and clarifications listed must be considered in the context of the content in this scope, otherwise they may seem unclear or inconsistent. City Council 22 – 238 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 5 of 17 4 Scope of Work This section details the scope of work for tasks included in the estimate, which are arranged to represent the expected order of execution. At the bottom of each section will be a summary of the deliverables to be produced. • Client deliverables: items EA will produce and submit to the client • Internal deliverables: items EA will produce for internal use (available by request) 4.1 Control Narrative EA will develop a Functional Specification for Well 40, which will specify PLC program details and how the PLC program is expected to operate. This specification will be based on specifications EA has developed for previous City projects and the City’s standards. This specification will also leverage standard template documents that EA has already developed as part of other projects. The Functional Specification will define details such as: • Narrative overview of the function and operation • Identification of all physical site components • Control narrative description for each component • Process control strategy description • Identification of IO, setpoints, commands, permissive, etc. • Alarms • Totalizers • PLC standard device code modules to be used in programming The intent of this document is to provide a high amount of detail and clarity to all groups working on the controls systems at Well 40, especially the integrator responsible for programming. The integrator will use this document to ensure the PLC program is consistent with those at other remediated sites. EA will submit the Functional Specification to the City for review. Control Narrative Deliverables Client Deliverables 1. Functional Specification Internal Deliverables 1. None City Council 22 – 239 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 6 of 17 4.2 Control Wiring EA will be responsible for the development of a control panel drawings package for Well 40. The Well 40 Panel Design will conform to existing control panel standards and will include the following at a minimum: • Front panel layout drawing • Back panel layout drawing • Power distribution drawing • Communication network drawing • Analog inputs/outputs drawing • Digital input/output drawing • Bill of Materials • I/O list with tag names • Additional specifications (standard provided by the City) o DC power components o Ethernet and networking components o Telemetry components o Control panel construction EA will submit the panel design package to the City for review following completion. Control Wiring Deliverables Client Deliverables 1. Well 40 Panel Design Internal Deliverables 1. None 4.3 Magelis HMI EA will procure a Magelis HMI for this project to be installed and programmed on the Well 40 control panel. Magelis HMI Deliverables Client Deliverables 1. Well 40 Magelis HMI Internal Deliverables 2. None City Council 22 – 240 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 7 of 17 4.4 PLC Programming 4.4.1 Development and test environment setup EA currently has a copy of the City’s M340 PLCs and Magelis HMIs running on our office servers. This was set up through a previous contract and is used to facilitate Factory Acceptance Testing (FAT) and programming for other City projects. EA will repurpose the existing hardware for this project. 4.4.2 Configuration EA will create new tagging for Well 40’s I/O points. The PLC and HMI configuration will then be developed according to the Well 40 Functional Specification and HMI specification (value added service) developed through this project. Tasks will include importing tags, configuring process control logic, and configuring HMI panels. The programs will be developed using the City’s standard PLC code modules, which will be paired with the City’s templatized HMI panel objects (e.g. a pump has PLC function block that pairs with an HMI graphic, together providing a full suite of pump features). This significantly reduces configuration and testing effort, improves operator familiarity between sites, and reduces the risk of errors. Once complete, all configurations will undergo desk checks and peer reviews to ensure compliance with the specifications before they can be cleared for formal testing. PLC Programming Deliverables Client Deliverables 1. Well 40 PLC program Internal Deliverables 1. None 4.5 HMI Programming Using the same test and development environment for the PLC programming tasks, EA will program the Well 40 HMI screens as designed during the design phase. EA will utilize the designs that have been developed and discussed with the City to efficiently program and desk check the new screens. The City will be responsible for the SCADA programming portion of this project. EA will send the City’s SCADA developer a SCADA design guide and SCADA tag list to assist with the recently implemented AVEVA SCADA platform. EA will also be responsible for providing a list of PLC tags that are available for the SCADA system. EA will then host a screen review webinar to review an OIT screen mockup with the City. This review typically occurs before HMI screens are fully animated to prevent rework. EA expects representatives from the City to attend the webinar. Once complete, all configurations will undergo desk checks and peer reviews to ensure compliance with the specifications before they can be cleared for formal testing. City Council 22 – 241 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 8 of 17 HMI Programming Deliverables Client Deliverables 1. Well 40 HMI screens Internal Deliverables 1. None 4.6 Control Strategy Meeting During the design phase of the project, EA will host a Control Strategy Workshop with the City. The intent of this meeting is to discuss control strategy requirements with the City and understand how the control system is intended to work. With this understanding, EA will develop the Functional Specification and effectively develop the PLC program that matches the City’s expectations. EA will develop and submit an agenda and meeting minutes for this workshop. Control Strategy Meeting Deliverables Client Deliverables 1. Control Strategy Meeting agenda and meeting minutes Internal Deliverables 1. None 4.7 HMI Screen Development Meeting During the development of the HMI screens, EA will host a HMI Screen Development Workshop with the City. The intent of this meeting is to review the screens being developed with the City and gather feedback to incorporate into the screens/programs. The intent of the timing of this workshop is to ensure changes are made prior to functional testing and onsite deployment. EA will develop and submit an agenda and meeting minutes for this workshop. HMI Screen Development Meeting Deliverables Client Deliverables 1. HMI Screen Development Meeting agenda and meeting minutes Internal Deliverables 1. None City Council 22 – 242 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 9 of 17 4.8 Loop Drawings EA will develop loop drawings for Well 40. The intent of developing these is to visualize the different loop components within the control system (i.e. show how each of the input, output, and feedback mechanisms interact within the control system). EA has budgeted around the industry best practice of developing a loop drawing for each individual IO point within Well 40’s control system. EA will submit the loop drawings to the City for review and feedback. Loop Drawings Deliverables Client Deliverables 1. Loop Drawings Internal Deliverables 1. None 4.9 Factory Acceptance Testing Enterprise Automation will host a Factory Acceptance Test (FAT) with the City at EA’s office. The FAT will provide the City with an opportunity to review EA’s testing process and get some hands- on experience with the final product before it is deployed in the field. FAT is typically a subset of the internal testing process. EA will ask the City to identify which test procedures they would like to complete during FAT. EA will require that the City sign off on the FAT before deployment can begin. Factory Acceptance Testing Deliverables Client Deliverables 1. Completed and signed FAT documentation Internal Deliverables 1. None 4.10 Site Acceptance Testing While onsite during commissioning, EA will perform Site Acceptance Testing (SAT) procedures. The purpose of these tests is to ensure the site programs are all working as expected to gain final project acceptance (client sign-off). EA will require that the City sign off on the SAT before completing deployment. Site Acceptance Testing Deliverables Client Deliverables 1. Completed and signed SAT documentation City Council 22 – 243 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 10 of 17 Internal Deliverables 1. None 4.11 PLC Testing Plans Testing documentation is a crucial piece to guiding successful outcomes during both internal testing and for witnessed testing. For each project, EA will develop internal testing documentation and Factory Acceptance Testing documentation to promote efficiency and to ensure there are no gaps in what we test prior to arriving onsite. EA will develop these procedures and checklists prior to internal testing. PLC Testing Plans Deliverables Client Deliverables 1. Internal testing documentation 2. SCADA FAT testing documentation Internal Deliverables 1. None 4.12 Training Following deployment, EA will spend time training operations staff on the usage of the new controls system. For Well 40, this training will include usage of the new HMI program to operate Well 40. EA has allocated a half day for this training class. Training Deliverables Client Deliverables 1. Training class Internal Deliverables 1. None City Council 22 – 244 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 11 of 17 4.13 Value Added Services There are several tasks that are necessary for the completion and success of each site capital project but were not included in the City’s RFP (ex. Project initiation, key design document development, commissioning practices, etc.). These tasks have proven critical in maintaining project budgets, schedules, and deliverable quality. Though they are labeled as ‘Value Added Services’, we consider them non-optional scope. 4.13.1 Project Initiation and Meetings 4.13.1.1 Execution Planning Following receipt of a Notice to Proceed or Purchase Order, execution planning will be the first technical task of this contract. This crucial engineering activity involves documenting the systematic process and milestones required to produce each deliverable. Draft execution plans are created at the Initiation Stage and are frequently updated. This ongoing process helps the team accurately track progress and predict future performance. Additionally, execution planning is an essential part of EA’s schedules and quality management program. They ensure that resource needs and technical risks are identified as early as possible. 4.13.1.2 Internal Kickoff Once the project has been set up in our accounting system and an engineering team has been established, they will perform an internal team kickoff to review this proposal and discuss: 1. Client background, project background, and project goals 2. Project scope, budget, and milestones/schedule 3. All available relevant documentation (specs, designs, etc…) During or shortly after the internal kickoff, EA will develop a formal risk register to track known or potential project risks (commercial, technical, coordination, etc.) and mitigation strategies. The risk register will be updated on a regular basis throughout the life of a project and is available for client review at any time. 4.13.1.3 Project Kickoff Meeting Following the internal kickoff meeting, EA will prepare for a formal kickoff meeting with the City. We will release an agenda at least one week prior to the meeting. EA’s project team, including project engineers and the project manager, will attend the formal kickoff meeting. 4.13.1.4 Internal Team Check-in Meetings Brief check-in meetings between the EA PM and engineering project team will be conducted regularly throughout the project. These meetings are used to align all members of our team on overall project status, budget, schedule, and scope. The risk register is also updated as known risks are averted or mitigated and new risk scenarios are identified. These formal meetings are a critical component to the success of a project as they facilitate and ensure team coordination and collaboration on a regular basis. 4.13.2 Specifications In addition to the Functional Specification, EA will need to develop: City Council 22 – 245 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 12 of 17 • Tag, IO, and equipment lists • HMI design • Network drawing EA will develop an IO list, equipment list, and tag list to capture each of these design metrics early in the design phase. EA will submit these documents to the City for review and feedback. Leveraging the City’s HMI Design Standards and previously developed template HMI specification, EA will develop the Well 40 HMI specification. The HMI specification will be an informal specification, defining the HMI functions and containing mockups of each screen. EA will develop a basic network diagram for Wells 40 showing all equipment and their network connections. The single page diagram will be based on designs developed for previous projects. EA will submit the network diagram to the City for review and feedback. 4.13.3 Testing Once the PLC testing plans have been developed, EA will utilize those plans to conduct internal testing. Here, EA will test the PLC program point to point against the Functional Specification to thoroughly test the system prior to the FAT. EA will log and correct non conformances found during testing. 4.13.4 Panel Testing In addition to functional testing, EA will also test the Well 40 control panel once it has been fabricated. Here, EA will utilize the panel design to ensure the panel has been fabricated and wired exactly to the specified drawings. 4.13.5 Commissioning Prior to the SAT, EA will conduct full deployment preparation and execution. In preparation, EA will develop deployment planning procedures and checklists. EA will additionally host a deployment planning workshop to discuss and plan out deployment with the City. While conducting onsite deployment, EA will review and verify the on-site installation of all PLC and HMI hardware and software, on-site testing, startup, final deploy tests along with final project acceptance (client sign-off). EA will not be directly responsible for SCADA testing the new AVEVA SCADA system for this project. Please see the attached estimate for budgeted deploy hours. 4.13.6 Training Manuals To help guide the training class, EA will develop a training manual for the operations staff to reference. The manual will help not only during the training class, but also afterwords to reference while the well is operating for troubleshooting. This training will exclude SCADA-specific training topics. 4.13.7 Closeout At the close of the project, EA will update design specifications developed to as-built. The documents will then be compiled into a draft and submitted to the City’s Procore repository. City Council 22 – 246 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 13 of 17 Value Added Services Deliverables Client Deliverables 1. Kickoff meeting minutes 2. Project schedule in Gantt format 3. IO, tag, and equipment lists 4. Network design 5. Commissioned Well 40 panel and programs 6. Training manuals 7. As-built documentation Internal Deliverables 1. Execution plans 2. Initial risk register 3. HMI design 4. Completed internal integrated testing 5. Completed panel testing City Council 22 – 247 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 14 of 17 5 Assumptions & Clarifications The following assumptions and clarifications were used in preparing this proposal: 1. EA will not design or commission a radio repeater panel for this project 2. Full wire tracing during the MCC investigation is not included in the scope of this project 3. Control panel on-site installation is not included 4. The City has recently implemented an AVEVA SCADA platform covering several well sites, including Well 40. EA recommends that we implement a test platform for the AVEVA SCADA system for future SCADA testing. Until this is set up, EA will not be responsible for testing the SCADA program that corresponds to the PLC and OIT programs for this project. 5. EA will have 2 engineers perform the SCADA FAT and 2 engineers present during the panel FAT 6. All PLC and OIT FAT testing will take place at EA’s office on the City’s test platform. 7. Unless specifically indicated in the scope of work that it will be included, design documentation developed through this project will not be stamped by a professional engineer. 8. All submittals will be transmitted in electronic format (no hard copies will be provided). 9. In order to maintain project flow and schedule: a. Written approval (email or letter) is required for all submittals within 10 business days of release. b. Response to meeting requests is required within 5 business days. 10. Delays due to mechanical, electrical, or IT related issues, production scheduling constraints, or lack of system availability out of EA’s control that result in additional site time will be charged at EA’s standard hourly rates. 11. This proposal does not include seismic calculations for the mounting hardware of industrial control panels. It is the client’s responsibility to ensure that all necessary seismic calculations are performed in compliance with applicable local laws, codes, and regulations. EA assumes no liability for seismic compliance unless explicitly stated in the scope of work. 12. Lead-Time & Supply Chain Impacts: Due supply chain unpredictability, quoted hardware lead-times and costs are subject to change without notice. City Council 22 – 248 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 15 of 17 6 Schedule The PM will release an initial schedule upon project initiation. 7 Cost Estimate The tasks to be performed along with the estimated time to complete the tasks are detailed in the attached cost estimate (Appendix B). Work under this proposal is on a time and expenses basis, and the pricing in Appendix B is an estimate only made in good faith without consideration for delays and unknowns. Enterprise Automation will continually track task progress against this estimate and will inform the City of any anticipated projected overruns. Any additional hours required to perform the specified tasks will be submitted to the City as a change order request. The decision to continue the work or consider alternative options will therefore remain with the City. Approval of any change order by the City will be required prior to Enterprise Automation commencing or continuing the work task in question. Billings will occur every month and will include engineer-hour break downs indicating hours expended, resources utilized, on a per task basis. Enterprise Automation will maintain an open line of communication with the City to discuss status of the work in progress, potential problems with scheduled work, changes in the estimated hours, and to coordinate up and coming tasks. 7.1 Materials Budget has been included for EA to procure the following item: • Magelis HMI ,p/n HMIDT732, qty.1 City Council 22 – 249 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 16 of 17 7.2 Travel Hotel stays, flights, and car rentals are billed at cost. Per diem is billed at the U.S. General Services Administration (GSA) rate, and mileage is billed at the IRS standard mileage rate as of 5/29/2025. 8 Conclusion I welcome any further discussion that may facilitate the refinement of this scope of work. Please contact me at (949) 769-6000 ext. 116 or alternatively on my cell phone at (803) 640-3788 with any questions. Submitted by Marshall McElroy Client Account Manager City Council 22 – 250 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Well 40 Programming and Consulting Services Page Number: 17 of 17 9 Terms & Conditions Validity This proposal is valid for 60 days starting 5/29/2025. Please note that due to current supply chain and economic factors, hardware pricing and availability may change without notice. PSA Terms and conditions are as per the following contract signed December 11, 2023 (A-2023-162-01): CONSULTANT AGREEMENT TO PROVIDE ON-CALL ENGINEERING SERVICES BETWEEN THE CITY OF SANTA ANA AND PARTNERS IN CONTROL, INC., DBA ENTERPRISE AUTOMATION City Council 22 – 251 9/16/2025 Well 40 Programming and Consulting Services Scope of Work EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Scope of Work Appendix A: Deliverables List Appendix A: Deliverables List Client Deliverables 1. Functional Specification 2. Well 40 Panel Design 3. Well 40 Magelis HMI 4. Well 40 PLC program 5. Well 40 HMI screens 6. Control Strategy Meeting agenda and meeting minutes 7. HMI Screen Development Meeting agenda and meeting minutes 8. Loop Drawings 9. Completed and signed FAT documentation 10. Completed and signed SAT documentation 11. Internal testing documentation 12. SCADA FAT testing documentation 13. Training class 14. Kickoff meeting minutes 15. Project schedule in Gantt format 16. IO, tag, and equipment lists 17. Network design 18. Commissioned Well 40 panel and programs 19. Training manuals 20. As-built documentation Internal Deliverables 1. Execution plans 2. Initial risk register 3. HMI design City Council 22 – 252 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Appendix B: Resumes Page Number: 19 of 20 Appendix B: Resumes City Council 22 – 253 9/16/2025 ENTERPRISE AUTOMATION ● 9050 IRVINE CENTER DRIVE ● IRVINE, CA ● 92618 PHONE (949) 769-6000 ● WWW.EAINTEGRATOR.COM Kyle Pickrell, P.E. Engineering Supervisor, 8+ years of experience Professional Summary Formal Education Bachelor of Science, Mechanical Engineering Cal Poly Pomona, 2016 Professional Certifications • Professional Engineer, Control System Engineering, CS 7661 State of California, 2022 Formal Training • VTScada Advanced Configuration and Scripting Trihedral, 2017 Significant Projects Sweetwater Authority: Desalination Plant Upgrade Kyle played key role on the expansion project for a desalination plant. He completed various project tasks during an ongoing one-year assignment for this project, including configuration, testing, and verification of dozens of SCADA screens. He also conducted an investigation and testing of communications between third party power meters, Citect, and Modicon PLCs. In addition, Kyle was involved with the testing of SCADA software. This was the largest project the company had to date, and Kyle helped overcome the challenges involving the project’s size and duration. During a six-week commissioning and deployment period at Sweetwater Authority’s desalination plant, Kyle was in charge of the investigation and testing of numerous field devices, the investigation and testing of communications between Modicon PLCs and field devices, and equipment PID tuning. Because he was working with and around several subcontractors hired by the Authority during commissioning, several unique challenges presented themselves, especially in coordination. Kyle solved this problem by requiring that deployment plans and checklists be developed far in advance and thoroughly reviewed with all parties involved. Sweetwater Authority: Distribution System PLC Upgrade Kyle programmed 41 Schneider Electric PLC programs to replace outdated hardware at the Authority’s various distribution sites. Programming such a large volume of programs provided a challenge of planning and testing communications between programs prior to commissioning. However, Kyle created an intricate test platform and procedure to facilitate communications between the PLCs and a SCADA system to test all logic and ensure it worked properly. Kyle is an expert in HMI and PLC configuration and has technical knowledge and extensive experience with PLC/SCADA design and standards, panel design, networking, programming, installation, and commissioning of a variety of systems including AVEVA Plant SCADA, VTScada, Wonderware InTouch, AVEVA System Platform, Think & Do, CRISP, Modicon/Schneider PLCs, and Magelis/Schneider OITs. He is diligent in his approach to engineering challenges and attacks every new project with ingenuity. City Council 22 – 254 9/16/2025 ENTERPRISE AUTOMATION ● 9050 IRVINE CENTER DRIVE ● IRVINE, CA ● 92618 PHONE (949) 769-6000 ● WWW.EAINTEGRATOR.COM Sweetwater Authority: Annual Updates Kyle reviewed and managed over 100 requested changes to the Authority’s existing SCADA system. He also created plans for execution for team members and commissioned approved changes to the Authority’s multiple PLCs for their Water Production and Distribution systems throughout the county. Furthermore, he started investigations and did troubleshooting for reported questions and issues that were caused by the existing control scheme. Kyle’s initiative was key to completing this project. City of Santa Ana: Well Panel Upgrades The City had existing panels that needed to be replaced with new equipment and a more functional design. For this project, Kyle updated multiple wells’ panel designs to align with new standards. He investigated I/O for the wells, determined panel sizing, equipment, layout, and calculations in order to provide a design for contractors to build. Furthermore, he overcame obstacles regarding the different panel locations that included being indoors, in direct sunlight, and in corrosive environments, and he successfully produced a standardized layout. City of Santa Ana: Walnut Pump Station Upgrade Kyle programmed new Schneider Electric PLC and OIT systems for an upgraded pump station leveraging SCADA standards developed by another team member. The project involved significant system updates that required a new PLC and OIT to run the station effectively. Kyle overcame numerous challenges with the communications between the station’s old SCADA system and upgraded SCADA system both running at the same time. His ability to problem-solve and troubleshoot were instrumental to the success of this project. City of Santa Ana: Multiple Projects For this project, Kyle led individual engineers on separate projects to develop design documents including functional specifications, panel drawings, I/O lists, network drawings, graphics design guides, test documentation, and operator training manuals. He additionally led engineers in programming PLC and OIT programs through execution plans and program reviews. His leadership guided the project to completion. B. Braun Medical: Control System Upgrade Kyle served as the engineer on contract to upgrade the SCADA platform and control system for 13 sterilizers at B. Braun’s GMP-regulated medical supply manufacturing facility. His responsibilities included upgrading the Allen Bradley PLC programs to be compatible with the latest firmware and ControlLogix hardware and configuring new pages and IDE objects in the Wonderware ArchestrA based SCADA system. Kyle knew that thorough testing was a major need in this project due to the high visibility and risks inherent to the medical device industry, and he was systematic in his performance of those tests. Work Experience • Enterprise Automation, Irvine, CA, Engineering Supervisor May 2023 - Present • Enterprise Automation, Irvine, CA, Controls Engineer II July 2019 - May 2023 • Enterprise Automation, Irvine, CA, Controls Engineer I July 2016 - July 2019 City Council 22 – 255 9/16/2025 ENTERPRISE AUTOMATION ● 9050 IRVINE CENTER DRIVE ● IRVINE, CA ● 92618 PHONE (949) 769-6000 ● WWW.EAINTEGRATOR.COM Zack Gentry Automation Architect, 9 years of experience Professional Summary Formal Education Bachelor of Science, Chemical Engineering Cal Poly Pomona, 2015 Minor in Materials Science and Engineering Professional Certifications • AVEVA CitectSCADA Certified Expert (CSCE) v2018 AVEVA, 2020 • Control Expert Certified Professional Schneider Electric, 2021 • CSI AVEVA Predictive Analytics 2020 R1 AVEVA, 2021 • EcoStruxure Plant Certified – Control System Schneider Electric, 2022 • EcoStruxure Plant Certified – PLC Modernization Schneider Electric, 2024 • EcoStruxure Plant Certified – Process Expert Schneider Electric, 2019 • Networking Certified Professional (NCP) Schneider Electric, 2021 • Vijeo Citect Certified Professional (VCCP) Schneider Electric, 2015 • Water and Wastewater (WWW): Segment Specialized Partner Schneider Electric, 2024 • Water Distribution Operator, Grade D2 California State Water Resources Control Board, 2019 • Water Treatment Operator, Grade T2 California State Water Resources Control Board, 2019 Formal Training • AVEVA Predictive Analytics (PRiSM) Training AVEVA, 2020 • Dream Report 5.0 Foundations Training Ocean Data Systems, 2020 Significant Projects Sweetwater Authority: Predictive Analytics AI Development Zack was the Project Technical Lead for a project which successfully demonstrated the use of predictive analytics to determine maintenance needs of a train of reverse osmosis membranes. Zack managed the project team and provide technical authority and guidance in designing and configuring the AI models, overseeing data collection and processing, and development of a formal analysis report. City of Santa Monica: AI Software Consulting Zack served as Automation Architect for a project to guide the City through defining the highest value applications for AI software within their systems and setting technical requirements for vendors with current Zack has been Project Technical Lead for dozens of projects including control system upgrades for water treatment facilities, water distribution site design and implementations, and SCADA platform upgrades. His has expertise with designing PLC/SCADA standards, writing site functional descriptions, programming, installation, and commissioning of a variety of systems including CitectSCADA and AVEVA System Platform SCADA software as well as Modicon/Schneider Electric and Allen Bradley PLCs. Zack’s expertise and leadership are major factors of projects’ successes. City Council 22 – 256 9/16/2025 ENTERPRISE AUTOMATION ● 9050 IRVINE CENTER DRIVE ● IRVINE, CA ● 92618 PHONE (949) 769-6000 ● WWW.EAINTEGRATOR.COM and future needs in mind. Deliverables from this project included an AI software evaluation framework, comments on vendor proposals, and documentation on EA’s assessments of AI vendors and products. This project involved AVEVA Advanced Analytics, AVEVA Predictive Analytics, TwinThread, Seeq, Turing, AquaSight, IOSight, and Python. Schneider Electric: Wastewater Treatment Facility Upgrades Zack was the Lead Engineer on a series of projects where Enterprise Automation has partnered with Schneider Electric’s Energy Sustainability Services group to modernize wastewater treatment facilities. He was part of the that team provided SCADA design and consulting services during the design and construction phases of the project. He assisted with the control system design, reviewed critical submittals, developed functional specifications, and led the control system commissioning planning and coordination. His ability to accomplish multiple tasks at once was a contributing factor of this project’s success. City of Newport Beach: SCADA System Services Zack served as the Project Technical Lead to support an on-going effort to maintain and improve the City’s SCADA infrastructure. He worked alongside City staff to develop a long-term strategy to upgrade hardware, security, software, and system performance. He helped perform an audit of the system to highlight risk areas. He set forth a series of projects to upgrade site communications, replace SCADA servers, and deploy a new alarm dialer. His leadership was instrumental in the positive outcome of this project. City of Fresno: Water Treatment Facility CO2 System Upgrade On a project to replace the CO2 system at the NE Surface Water Treatment Facility, Zack served as Project Technical Lead. This project integrated new equipment into the existing Schneider Electric Quantum and CitectSCADA system for monitoring and control. Zack was responsible for all facets of control system implementation, including networking, PLC programming, HMI programming, testing, on-site commissioning, and training. City of Fresno: NE Surface Water Treatment Plant SCADA Upgrade Zack was selected as the Engineer on a project to upgrade obsolete hardware and software for facility’s control system. His responsibilities included converting the existing Hot Standby Quantum PLC program from Concept v2.6 to Unity Pro v11.0, reverse engineering the communications between the plant’s main Quantum PLC and various obsolete field devices, re-programming the field device communications using Ethernet and serial, and programming the plant’s main Quantum PLC to control 18 additional valves, providing on-site support during commissioning and testing. His ability to manage multiple responsibilities and execute them successfully was key to the success of this project. City of Santa Ana: Groundwater Automation Consulting and Design Services As the Project Technical Lead, Zack was in charge of overseeing these projects, the goal of which were to upgrade the control system of multiple groundwater sites across the city. He developed control system standards and design documentation for groundwater wells, reservoirs, pump stations, lift stations, pressure reducing stations, and system connections to other entities. His meticulous attention to detail was beneficial for this project. City of Fresno: T3 Surface Water Treatment Plant SCADA Upgrade Zack was selected as the Project Technical Lead on a project to replace the SCADA hardware and software for the facility’s control system. The project updated the software of the plant’s six PLCs and consolidated the plant’s SCADA system into a single redundant system that had standardized graphics. The SCADA platform upgrades he performed included a network re-design with industry best practices, a new City Council 22 – 257 9/16/2025 ENTERPRISE AUTOMATION ● 9050 IRVINE CENTER DRIVE ● IRVINE, CA ● 92618 PHONE (949) 769-6000 ● WWW.EAINTEGRATOR.COM Wonderware Historian, automated reports, and automatic alarm dialing. Zack led the commissioning of the system and supported plant operations staff during startup. Sweetwater Authority: Desalination Facility Expansion Served as Engineer on a project to overhaul the SCADA and control systems during the expansion of a 10- million gallon per day reverse osmosis desalination facility. Responsibilities included developing the functional specification (detailed control narrative) for the facility and programming of the Schneider Electric Quantum and M340 Unity-based PLC programs, onsite commissioning, testing, and training. City of Santa Ana: Pump Station Control System Replacement Zack was chosen to be the Engineer on a project to revamp the control system of 20 MGD pump station within the City’s potable water distribution system. His responsibilities included reviewing and revising the functional descriptions for the pump station and other ancillary sites, specification and design of the facility’s Schneider Electric Magelis HMIs, programming of the Schneider Electric M340 Unity-based PLC programs, and onsite commissioning and testing. He managed the breadth of his responsibilities well, and the project was a success. Water Replenishment District: Ground Water Improvement Project (GRIP) Zack served as consulting Engineer for the control system during the design-construction phase of the GRIP facility, an Advanced Water Treatment Facility (AWTF) designed to treated approximately 10,000 acre feet of tertiary water annually. He provided consulting services and reviewed the control panel & control networking implementation, PLC code, SCADA screens, alarm dialing, and reporting. He also maintained WRD’s SCADA control system standard library and managed standard change requests related to SCADA/PLC. Encina Wastewater Authority: Wastewater Facility SCADA Replacement Design On a project to replace the SCADA and controls system of a wastewater facility serving over 400,000 residents, Zack was the Engineer. He was responsible for the investigation of the existing control system and for identifying areas for networking and control systems improvements and the designing, documenting, programming, and testing of SCADA and PLC standards. Sweetwater Authority: Storage Tank Fill Control Reprogramming Zack served as the Engineer on a project to revise the control strategy used to automate the filling cycles of a 4-million-gallon water storage tank. Zack was in charge of the modification of the functional specification, the modification of Modicon Momentum and Quantum PLC programs, revisions to the Modbus serial radio communications configuration, the modification of Modicon Magelis OIT programs, the modification of a CitectSCADA HMI, and onsite commissioning and testing. His thoroughness with each task was vital to the successful end of this project. Work Experience • Enterprise Automation, Irvine, CA, Automation Architect Jan. 2023 - Present • Enterprise Automation, Irvine, CA, Controls Engineer II Jun. 2017 – Jan. 2023 • Enterprise Automation, Irvine, CA, Controls Engineer I Jun. 2015 – Oct. 2017 City Council 22 – 258 9/16/2025 ENTERPRISE AUTOMATION ● 9050 IRVINE CENTER DRIVE ● IRVINE, CA ● 92618 PHONE (949) 769-6000 ● WWW.EAINTEGRATOR.COM Garrett Prevo Project Manager 1 Professional Summary Formal Education Masters in Global Management Thunderbird School of Global Management, 2019 Bachelor of Science, Organizational Management Ashford University, 2016 Significant Projects City of Douglas, AZ: SCADA Conversion Garrett was selected as the Project Manager for a SCADA systems design build project for the City of Doulgas, Arizona. Due to the multiple well sites and no SCADA system currently in use Garrett was chosen to lead the team of Engineers to help bring the City of Doulgas’s water system on-line. Coordinating with the City he helped develop a road map for water systems leading to future flexibility for the City as part of their 2030 sight picture City of Santa Ana, CA: Multiple Projects During the Santa Ana SCADA project, Matt was running up to 9 concurrent projects as the Project Manager. Projects varied in scope and size, including a complete upgrade of several well sites, coordinating with multiple contractors (construction, sub-contractors, vendors) across a multi-million dollar/multi-year endeavor, annual support budgets, and routine maintenance within dedicated SCADA systems. The success of this projects lied with Garrett to carry though in several areas for the City of Santa Ana. Suburban Water Systems: VTScada Conversion Garrett was the Project Manager for a VTScada transfer project, unifying and migrating current system to a VTScada system to align with updated client requirements. He coordinated with multiple agencies and Engineers of Record in order to ensure operational requirements were met while minimizing plant downtime and increasing facility efficiencies. Work Experience • Enterprise Automation, Phoenix, AZ, Project Manager I Jan 2025 – Present • United States Air Force, Assistant Superintendent 63 AMU Dec 2020 – Oct 2024 • United States Air Force, Maintenance Superintendent, Osan AB, ROK Dec 2019 – Dec 2020 • United States Air Force, Weapons Section Chief, Nellis AFB, Nevada Oct 2016 – Dec 2019 • United States Air Force, Multiple locations Jun 2003 – Oct 2016 Garrett is a Project Manager for EA in the Peoria office. He joined EA after retirement from the United States Air Force where he was a Senior Non- Commissioned office. He led teams of people in the aircraft maintenance arena, including multiple career fields within the Department of Defense, systems integration, control systems integration and has accumulated over 21 years of experience. He also has years of experience as a project manager for platform integration of the F-35 and oversees a large portfolio of projects. He has specific experience with master planning, design consulting, complex scheduling, project budgeting, scope management, and risk analysis. City Council 22 – 259 9/16/2025 PLC Programming and Consulting Services RFP Response EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Appendix: C Certification Documents Page Number: 20 of 20 Appendix: C Certification Documents City Council 22 – 260 9/16/2025 27May25Luke Robert StephensonXXXXXXXXTexasBexarElectronically signed and notarized online using the Proof platform. City Council 22 – 261 9/16/2025 PresidentPartners in Control, Inc. dba Enterprise Automation05/27/2025 City Council 22 – 262 9/16/2025 City Council 22 – 263 9/16/2025 President05/27/2025Partners in Control, Inc. dba Enterprise Automation City Council 22 – 264 9/16/2025 EXHIBIT C COMPENSATION City Council 22 – 265 9/16/2025 Cost Proposal for: PLC Programming and Consulting Services v.1.0.0 EA PROJECT NUMBER: EA25CSA160 Prepared for: City of Santa Ana On: May 29, 2025 Prepared by: Marshall McElroy Client Account Manager “Nothing Leaves Untested” City Council 22 – 266 9/16/2025 PLC Programming and Consulting Services Cost Proposal EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Table of Contents Page Number: 1 of 1 Table of Contents Table of Contents .............................................................................................................................................. 1 1. Fee Proposal .............................................................................................................................................. 2 2. Detailed Cost Estimate ............................................................................................................................ 3 3. Rates Sheet ................................................................................................................................................ 4 City Council 22 – 267 9/16/2025 PLC Programming and Consulting Services Cost Proposal EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Fee Proposal Page Number: 2 of 4 1. Fee Proposal City Council 22 – 268 9/16/2025 13,060.40 23,010.20 4,441.34 21,151.05 15,583.90 1,277.20 1,277.20 21,151.05 City Council 22 – 269 9/16/2025 7,060.65 9,414.20 6,772.25 1,385.35 125,584.79 Partners in Control dba Enterprise Automation, A Tetra Tech Company 9050 Irvine Center Drive Suite 200, Irvine, CA, 92618 (803) 640-3788 marshall.mcelroy@eaintegrator.com Marshall McElroy Client Account Manager City Council 22 – 270 9/16/2025 PLC Programming and Consulting Services Cost Proposal EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Detailed Cost Estimate Page Number: 3 of 4 2. Detailed Cost Estimate Below is Enterprise Automation’s detailed cost estimate for Well 40. The intent of including these in our cost proposal is to give the City full transparency on where EA has associated budget for tasks. Additionally, this detailed cost estimate includes tabs and budget for ‘Value Added Services’ that will be necessary to the success and completion of this project. These additional tabs were not included in Attachment 2’s Fee Proposal tables. City Council 22 – 271 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS Summary Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price Control Narrative 38 8 6 0 52 $13,060.40 Control Wiring 70 12 10 0 92 $23,010.20 PLC Programming 60 15 9 0 84 $21,151.05 HMI Programming 45 10 7 0 62 $15,583.90 Control Strategy Meeting 3 1 1 0 5 $1,277.20 HMI Screen Dev Meeting 3 1 1 0 5 $1,277.20 Loop Drawings 60 15 9 0 84 $21,151.05 Factory Acceptance Testing 12 12 3 0 27 $7,060.65 Site Acceptance Testing 16 16 4 0 36 $9,414.20 PLC Testing PLans 20 4 3 0 27 $6,772.25 Training 0 4 1 0 5 $1,385.35 Engineering Labor Totals 327 98 54 0 479 $121,143.45 Expenses Price Magelis HMI $4,441.34 Total Expenses $4,441.34 Grand Total Value Added Services Proj. Eng.Lead Eng Proj. Mngr.Principal Hours Price Initiation and Meetings 12 14 4 0 30 $7,889.80 Specifications 22 7 4 0 33 $8,363.60 Testing 20 20 5 0 45 $11,767.75 Panel Testing 8 6 2 0 16 $4,150.90 Commissioning 46 36 10 0 92 $23,875.40 Training Manuals 10 2 2 0 14 $3,522.60 Closeout 10 2 2 0 14 $3,522.60 Engineering Labor Totals 128 87 29 0 244 $63,092.65 Grand Total $63,092.65 #Engineering Labor Labor Hours Breakdown Totals $125,584.79 #Engineering Labor Labor Hours Breakdown Totals Summary + Added Scope EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 1 of 20 City Council 22 – 272 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 200 Functional Specification 38 8 46 $11,422.70 Develop PLC Functional Specification PLC control narrative programming language and module structure define tagging conventions scaling and device feature requirements totalizers equipment definitions instrumentation definitions detailed process control define set points standard PLC Modbus address reservation plan PLC design submittal prepare and submit post submittal changes 990 Project Management 6 6 $1,637.70 Coordination, project management, overhead, meetings Hours 38 8 6 0 52 Price $9,197.90 $2,224.80 $1,637.70 $0.00 $13,060.40 Control Narrative Engineering Labor TotalsLabor Hours Breakdown ENG Control Narrative EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 2 of 20 City Council 22 – 273 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 250 Panel design 70 12 82 $20,280.70 Well 40 Panel design back panel layout prepare temperature calculations (as needed) prepare power supply and battery calculations compile bill of materials internal review preliminary design review with the client Panel drafting support Submittal prepare and submit to client post submittal changes 990 Project Management 10 10 $2,729.50 Coordination, project management, overhead, meetings Hours 70 12 10 0 92 Price $16,943.50 $3,337.20 $2,729.50 $0.00 $23,010.20 Control Wiring Engineering Labor TotalsLabor Hours Breakdown ENG Control Wiring EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 3 of 20 City Council 22 – 274 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS Magelis HMI Totals No.Description Manufacturer Part No.Qty.Unit Sell Total Sell Price Well 40 HMI Hardware $4,441.34 1.Magelis HMI Schneider Electric HMIDT732 1 $4,441.34 $4,441.34 Total (excludes sales tax)$4,441.34 Bill of Materials Amounts EXP Magelis HMI EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 4 of 20 City Council 22 – 275 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price PLC programming 60 15 75 $18,694.50 220 Setup PLC and OIT development environment networking equipment 400 Import tags from master tag list configure memory 420 Program development build program structure tree develop process control logic totalizers alarming OIT/HMI data exchange I/O (network) reads and parsing Peer review, final review, revisions 990 Project Management 9 9 $2,456.55 Coordination, project management, overhead, meetings Hours 60 15 9 0 84 Price $14,523.00 $4,171.50 $2,456.55 $0.00 $21,151.05 PLC Programming Engineering Labor TotalsLabor Hours Breakdown ENG PLC Programming EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 5 of 20 City Council 22 – 276 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 440 HMI programming 45 10 55 $13,673.25 Hardware interfaces setup Tag import and addressing Template setup (navigation, general page layout, etc.) mockup data displays prepare and submit post submittal changes HMI final configuration standard objects page creation and animation alarming security Peer review and revisions 990 Project Management 7 7 $1,910.65 Coordination, project management, overhead, meetings Hours 45 10 7 0 62 Price $10,892.25 $2,781.00 $1,910.65 $0.00 $15,583.90 HMI Programming Engineering Labor TotalsLabor Hours Breakdown ENG HMI Programming EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 6 of 20 City Council 22 – 277 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 190 Constrol Strategy Workshop 4 $1,004.25 Workshop preparation including handouts and agenda 1 Workshop 1 1 discuss control strategy requirements discuss high level control narrative Notes compilation 1 990 Project Management 1 1 $272.95 Coordination, project management, overhead, meetings Hours 3 1 1 0 5 Price $726.15 $278.10 $272.95 $0.00 $1,277.20 Control Strategy Meeting Engineering Labor Labor Hours Breakdown Totals ENG Control Strategy Meeting EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 7 of 20 City Council 22 – 278 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 190 HMI Screen Development Workshop 4 $1,004.25 Workshop preparation including handouts and agenda 1 Workshop 1 1 discuss high level screen requirements discuss number of screens, appearance, and functions Notes compilation 1 990 Project Management 1 1 $272.95 Coordination, project management, overhead, meetings Hours 3 1 1 0 5 Price $726.15 $278.10 $272.95 $0.00 $1,277.20 HMI Screen Dev Meeting Engineering Labor Labor Hours Breakdown Totals ENG HMI Screen Dev Meeting EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 8 of 20 City Council 22 – 279 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 250 Loop drawings 60 15 75 $18,694.50 Develop site loop drawings submit for review 990 Project Management 9 9 $2,456.55 Coordination, project management, overhead, meetings Hours 60 15 9 0 84 Price $14,523.00 $4,171.50 $2,456.55 $0.00 $21,151.05 Loop Drawings Engineering Labor Labor Hours Breakdown Totals ENG Loop Drawings EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 9 of 20 City Council 22 – 280 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price SCADA witnessed FAT 24 $6,241.80 640 Witnessed FAT 8 8 640 Non-conformances correction, retest, internal approval 4 4 990 Project Management 3 3 $818.85 Coordination, project management, overhead, meetings Hours 12 12 3 0 27 Price $2,904.60 $3,337.20 $818.85 $0.00 $7,060.65 Factory Acceptance Testing Engineering Labor TotalsLabor Hours Breakdown ENG Factory Acceptance Testing EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 10 of 20 City Council 22 – 281 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 760 SAT 16 16 32 $8,322.40 Verify PLC control strategies Verify HMI functions Ad-hoc testing (plant in production) 990 Project Management 4 4 $1,091.80 Coordination, project management, overhead, meetings Hours 16 16 4 0 36 Price $3,872.80 $4,449.60 $1,091.80 $0.00 $9,414.20 Site Acceptance Testing Engineering Labor TotalsLabor Hours Breakdown ENG Site Acceptance Testing EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 11 of 20 City Council 22 – 282 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price Internal integrated testing and FAT testing documents 20 4 24 $5,953.40 620 Test documentation develop test procedures and checklists 990 Project Management 3 3 $818.85 Coordination, project management, overhead, meetings Hours 20 4 3 0 27 Price $4,841.00 $1,112.40 $818.85 $0.00 $6,772.25 PLC Testing PLans Engineering Labor Labor Hours Breakdown Totals ENG PLC Testing PLans EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 12 of 20 City Council 22 – 283 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 680 Operator training 4 4 $1,112.40 Operator training Travel Demobilize training kits 990 Project Management 1 1 $272.95 Coordination, project management, overhead, meetings Hours 0 4 1 0 5 Price $0.00 $1,112.40 $272.95 $0.00 $1,385.35 Training Engineering Labor TotalsLabor Hours Breakdown ENG Training EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 13 of 20 City Council 22 – 284 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price Project initiation 6 $1,632.55 020 Execution planning 4 develop initial detailed project task execution plans 030 Internal kickoff meeting 1 1 review project scope review design documentation purpose, schedule, team roles, expectations risk matrix and due dates 040 Project kickoff 4 $1,004.25 Prepare materials for kickoff (agenda, coordination)1 Project kickoff meeting with customer 1 1 review scope, roles, expectations review schedule Notes compilation 1 EA internal team check-in meetings 16 $4,161.20 980 Team check-in meetings 8 8 review project progress, ETCs, schedule, risks, etc. 990 Project Management 4 4 $1,091.80 Coordination, project management, overhead, meetings Hours 12 14 4 0 30 Price $2,904.60 $3,893.40 $1,091.80 $0.00 $7,889.80 Totals Initiation and Meetings Engineering Labor Labor Hours Breakdown ENG Initiation and Meetings EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 14 of 20 City Council 22 – 285 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 160 Tag, I/O, and equipment lists 10 2 12 $2,976.70 Develop tag name and description naming conventions Develop device definitions Compare I/O list to I/O information in proposal submit to the client for review Develop equipment list submit to the client for review 220 HMI design 10 4 14 $3,532.90 Develop HMI design desired OIT screen layouts and content screen list page navigation tagging conventions user security alarms trending HMI design submittal prepare and submit post submittal changes 170 Network design 2 1 3 $762.20 Develop overview network drawing Network design submittal prepare and submit post submittal changes 990 Project Management 4 4 $1,091.80 Coordination, project management, overhead, meetings Hours 22 7 4 0 33 Price $5,325.10 $1,946.70 $1,091.80 $0.00 $8,363.60 Specifications Engineering Labor Labor Hours Breakdown Totals ENG Specifications EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 15 of 20 City Council 22 – 286 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price Internal integrated testing 40 $10,403.00 630 Integrated testing 16 16 test environment setup point to point testing against spec screen navigation and animations trending security alarms 630 Non-conformances correction, retest, internal approval 4 4 990 Project Management 5 5 $1,364.75 Coordination, project management, overhead, meetings Hours 20 20 5 0 45 Price $4,841.00 $5,562.00 $1,364.75 $0.00 $11,767.75 Testing Engineering Labor Labor Hours Breakdown Totals ENG Testing EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 16 of 20 City Council 22 – 287 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 600 Panel test documentation 4 2 6 $1,524.40 Develop panel test documentation Prepare and submit Post submittal changes 610 Panel FAT (witnessed)4 4 8 $2,080.60 Panel FAT 990 Project Management 2 2 $545.90 Coordination, project management, overhead, meetings Hours 8 6 2 0 16 Price $1,936.40 $1,668.60 $545.90 $0.00 $4,150.90 Panel Testing Engineering Labor TotalsLabor Hours Breakdown ENG Panel Testing EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 17 of 20 City Council 22 – 288 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price Preparation 12 $2,976.70 710 Deployment planning 10 2 develop deployment procedure and checklists prepare and submit post submittal changes 790 Deployment planning workshop 6 $1,524.40 Workshop preparation including handouts and agenda 1 Workshop 2 2 scheduling and coordination discuss equipment or process downtime safety briefing review rollback options and processes startup sequencing hardware/software installation and cutover Notes compilation 1 Deploy 32 32 64 $16,644.80 700 Mobilization / setup 720 Site installation review, hardware checkout 740 Execute site I/O checkout 720 Networking checkout 750 Startup device testing functional testing system tuning 700 Demobilization / in-office unpacking 990 Project Management 10 10 $2,729.50 Coordination, project management, overhead, meetings Hours 46 36 10 0 92 Price $11,134.30 $10,011.60 $2,729.50 $0.00 $23,875.40 Commissioning Engineering Labor Labor Hours Breakdown Totals ENG Commissioning EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 18 of 20 City Council 22 – 289 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price 670 Operator training preparation 10 2 12 $2,976.70 Develop training manual prepare and submit post submittal changes 990 Project Management 2 2 $545.90 Coordination, project management, overhead, meetings Hours 10 2 2 0 14 Price $2,420.50 $556.20 $545.90 $0.00 $3,522.60 Training Manuals Engineering Labor Labor Hours Breakdown Totals ENG Training Manuals EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 19 of 20 City Council 22 – 290 9/16/2025 Client: City of Santa Ana Project: Well 40 PLC Programming Services Number: EA25CSA160 Date: 5/29/2025 Revision: 1.0.0 Author: MM Reviewed By: AS WBS Description Proj. Eng.Lead Eng.Proj. Mngr.Principal Hours Price As-built documentation 10 2 12 $2,976.70 770 Update all designs and specifications to as-built panel drawings I/O list HMI design PLC design network design / drawings 990 Project Management 2 2 $545.90 Coordination, project management, overhead, meetings Hours 10 2 2 0 14 Price $2,420.50 $556.20 $545.90 $0.00 $3,522.60 Closeout Engineering Labor TotalsLabor Hours Breakdown ENG Closeout EA25CSA160 ESTIMATE WELL 40 PLC Programming Services 1.0.0.xlsm *Italicized text indicates out of office services 20 of 20 City Council 22 – 291 9/16/2025 PLC Programming and Consulting Services Cost Proposal EA Project Number: EA25CSA160, v1.0.0 9050 Irvine Center Drive, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com RFP Response Rates Sheet Page Number: 4 of 4 3. Rates Sheet City Council 22 – 292 9/16/2025 FY25 CSA Engineering Rates 9050 Irvine Center Dr, Irvine CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com V 1.0.0 CA Engineering Rates Rate Classification1 Standard Rate Admin $108.15 / hr. Automation Specialist 1 $200.00 / hr. Automation Specialist 2 $218.36 / hr. Automation Specialist 3 $265.74 / hr. Project Technical Lead $278.10 / hr. Project Manager 1 $226.60 / hr. Project Manager 2 $272.95 / hr. Automation Architect $288.40 / hr. 1 Rate classifications charged are based on a project role/responsibility basis, not title, and could be adjusted during a project’s duration if meaningful staff changes occur with prior notification. Service Calls Service calls covered by an Enterprise Automation service contract are prioritized while all other service requests are dependent on existing schedules and the availability of engineering staff. Overtime Item Description Time and a half Outside of normal business hours (8am-5pm), or time in excess of 10 hours per day (unless otherwise arranged) Double time Saturday, Sunday, and holidays (unless otherwise arranged) General Item Description Travel time Charged at engineering rates Vehicle mileage As per the published IRS mileage rate (if applicable) Travel expenses At cost (if applicable) Meals and incidentals GSA established per diem rate (if applicable) Payment terms Net 30 days Materials, Subcontractors, Etc. 20% markup (if applicable, unless otherwise arranged) Rates are subject to standard yearly escalations, which go into effect on January 1st of each year. Rate escalations are 3% annually per the Change Manager Services Agreement. Rates effective 1/1/2025 through 12/31/2025 City Council 22 – 293 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Water System Mapping and Software Services AGENDA TITLE Agreement with iWater, Inc. for Water System Mapping and Software Services (Non- General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a three-year term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, one-year extensions (Agreement No. A-2025-XXX). GOVERNMENT CODE 84308 APPLIES: Yes DISCUSSION The Public Works Agency Water Resources Division (PWA) operates and maintains the City’s water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,500 metered service connections. PWA has been actively upgrading its infrastructure digital mapping and asset management system to improve and strengthen the City’s asset management capabilities and currently uses iWater, Inc.’s infraMAP (infraMAP) software application for mapping and cataloging the City’s sewer and water system infrastructure and assets. The infraMAP software is also utilized across the multiple sections that comprise the Water Resources Division to schedule work tasks, record system updates, and serve as the system of record for many documents. The proposed agreement with iWater, Inc. allows PWA to expand the scope of services to include GIS mapping updates, ongoing software and hardware maintenance and support, integration with cloud-based systems through the infraMAP application, and on-site geodatabase support. These enhancements will significantly improve field data collection and strengthen back-office operations by integrating existing data with modern cloud-based tools. City Council 23 – 1 9/16/2025 Water System Mapping and Software Services September 16, 2025 Page 2 5 3 2 5 On April 22, 2025, PWA released Request for Proposals (RFP) No. 25-030 for qualified firms to provide water system mapping and software services of the entire water distribution system and sources of supply. The RFP was advertised on the City’s online bid management and publication system, PlanetBids, with proposals due on May 22, 2025. System records indicate a total of 216 vendors were notified, with 30 vendors downloading bidding documents, and one proposal received. Staff recommends awarding an agreement (Exhibit 2) to iWater Inc. for digital water mapping services, computer hardware configuration and installation, professional on- call services, and system service support. Due to the specific requirements outlined in the RFP, including remote and on-site support of the iWater, Inc.-developed infraMAP software, iWater, Inc. is uniquely qualified within the industry to provide the requested services. Since 2009, the City has maintained an agreement with iWater, Inc. for digital water mapping services, computer hardware configuration and installation, professional on- call services, and system service support of infraMAP software. The scope of services has evolved over the years to include GIS mapping updates, continual software and hardware maintenance and support, cloud-based systems integration with deployment of the infraMAP-NOW application, and on-site support for both office and field staff. iWater has consistently performed satisfactory work throughout each agreement. This agreement will ensure continuity of service in order for the City to utilize these essential operational resources. iWater’s proposal demonstrates the firm has the necessary technical expertise and capacity to complete the scope of work identified in the RFP. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funding is available in the Fiscal Year 2025-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. A breakdown of the funding is provided in the table below. Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount Contract (3-Year Term) 06017645- 62300 Water Admin/Engineering, Contract Services - Professional $160,0002025-26 06017645- 66511 Water Water Admin/Engineering, $190,000 City Council 23 – 2 9/16/2025 Water System Mapping and Software Services September 16, 2025 Page 3 5 3 2 5 Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount Computer Software Subscriptions 06017645- 62300 Water Admin/Engineering, Contract Services - Professional $160,0002026-27 06017645- 66511 Water Water Admin/Engineering, Computer Software Subscriptions $190,000 06017645- 62300 Water Admin/Engineering, Contract Services - Professional $160,0002027-28 06017645- 66511 Water Water Admin/Engineering, Computer Software Subscriptions $190,000 Optional Two-Year Extension 06017645- 62300 Water Admin/Engineering, Contract Services - Professional $160,0002028-29 06017645- 66511 Water Water Admin/Engineering, Computer Software Subscriptions $190,000 06017645- 62300 Water Admin/Engineering, Contract Services - Professional $160,0002029-30 06017645- 66511 Water Water Admin/Engineering, Computer Software Subscriptions $190,000 Total $1,750,000 EXHIBITS 1. RFP No. 2025-030 2. Agreement with iWater, Inc. City Council 23 – 3 9/16/2025 Water System Mapping and Software Services September 16, 2025 Page 4 5 3 2 5 Submitted By: Rudy Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 23 – 4 9/16/2025 Exhibit 1 City Council 23 – 5 9/16/2025 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide water system mapping and application services of the entire water distribution system and sources of supply. Responses to this Request for Proposals (RFP) will be accepted until Thursday, May 22, 2025, at 4:00 P.M. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time. Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 and on the City’s RFP Bid page at www.santa-ana.org/bids-rfps. Proposers shall be responsible for monitoring PlanetBids and the City’s RFP Bid page to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be sent via certified mail or email. A decision, by an interested firm, not to submit a Letter of Intent would not lead to the disqualification of the firm. City Council 23 – 6 9/16/2025 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND..............................................................................................................................4 II. OVERVIEW OF PROJECT ............................................................................................................4 III. TERM OF AGREEMENT................................................................................................................4 IV. MINIMUM QUALIFICATIONS ........................................................................................................4 V. RESPONSE TO RFP .....................................................................................................................5 VI. CERTIFICATIONS (ATTACHMENTS) ...........................................................................................9 VII. REFERENCES...............................................................................................................................9 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE.........................................................................10 IX. SELECTION PROCEDURES & CRITERIA..................................................................................10 X. WITHDRAWALS...........................................................................................................................11 XI. GENERAL TERMS AND CONDITIONS.......................................................................................11 XII. AWARD OF AGREEMENT ..........................................................................................................16 XIII. IMPLEMENTATION......................................................................................................................16 EXHIBITS Exhibits provided herein for Proposers’ reference only. EXHIBIT I – SCOPE OF SERVICES EXHIBIT II – SAMPLE AGREEMENT ATTACHMENTS A B C D E F PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING REFERENCES PROPOSER’S STATEMENT NON-COLLUSION AFFIDAVIT NON-LOBBYING CERTIFICATION NON-DISCRIMINATION CERTIFICATION SUBCONTRACTOR DESIGNATION FORMG City Council 23 – 7 9/16/2025 CITY OF SANTA ANA I.BACKGROUND The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/ II.OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide water system mapping and application services of the entire water distribution system and sources of supply. The City desires to achieve a unified, digital mapping process that meets the enterprise’s mapping needs and allows the deployment of this information to all the end users. The City currently uses the infraMAP Software asset maintenance software to schedule work, emergencies, in multiple departments such as Engineering, Water Production, Water Quality, and others as needed. See EXHIBIT I for complete Scope of Services. The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). III.TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. IV.MINIMUM QUALIFICATIONS 1) Consultant must have been in business continuously for the most recent five (5) years prior to the date of this RFP. 2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP. 3) Consultant must have a minimum of five years supporting both infraMAP and Esri software. 4) Consultant shall be an official InfraMap Software Reseller. 5) Consultant field staff must currently hold a CA State Water Resources Control Board Division of Drinking Water – D3 for the lead staff and D2 for team lead staff City Council 23 – 8 9/16/2025 CITY OF SANTA ANA V.RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the City Yard Admin Building in the first floor lobby in an enclosed sealed envelope and marked clearly with the following: “SEALED PROPOSAL FOR WATER SYSTEM MAPPING AND APPLICATION SERVICES RFP NO. 25-030 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL.” City of Santa Ana Attn.: Armando Fernandez, P.E. Public Works Agency 220 S. Daisy Ave.; M-85 Santa Ana, CA 92703 Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline will suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. City Council 23 – 9 9/16/2025 CITY OF SANTA ANA B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab. D. EXCEPTIONS Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system,https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and City Council 23 – 10 9/16/2025 CITY OF SANTA ANA conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. 1. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Font size shall be minimum 11-point Arial. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Armando Fernandez, Project Manager City of Santa Ana – Public Works Agency, Water Resources Division 220 S. Daisy Avenue, M-85 Santa Ana, CA 92703 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in EXHIBIT I – Scope of Services. c. Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm’s experience including the following: i. ii. A general description of the firm, including size and number of employees working directly with the City on this agreement. Firm’s nearest address serving the City of Santa Ana and headquarters address. iii.Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal City Council 23 – 11 9/16/2025 CITY OF SANTA ANA Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv.Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers’: i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients. 2. Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) City Council 23 – 12 9/16/2025 CITY OF SANTA ANA H. PROTEST PROCEDURES Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must: 1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered. VI.CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:        Attachment A: Proposer’s Certification and Proposal Pricing Attachment B: References Attachment C: Proposer’s Statement Attachment D: Non-Collusion Affidavit Attachment E: Non-Lobbying Certification Attachment F: Non-Discrimination Certification Attachment G: Subcontractor Designation Form The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer. City will not waive notarization requirement when applicable on any of the required attachments. VII.REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and City Council 23 – 13 9/16/2025 CITY OF SANTA ANA telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if:    References fail to substantiate Proposer’s description of services and deliverables provided; or References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours. VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE See EXHIBIT II – Sample Agreement IX.SELECTION PROCEDURES & CRITERIA A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Firm/Team Experience Understanding of Need Relevant Project Experience References 25 30 25 10 Fee 10 TOTAL POSSIBLE SCORE (Before interviews – if held)100 Interviews The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves City Council 23 – 14 9/16/2025 CITY OF SANTA ANA the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. X.WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XI.GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this City Council 23 – 15 9/16/2025 CITY OF SANTA ANA proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR’S EXPENSE Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. City Council 23 – 16 9/16/2025 CITY OF SANTA ANA G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG-FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation City Council 23 – 17 9/16/2025 CITY OF SANTA ANA L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City. N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded City Council 23 – 18 9/16/2025 CITY OF SANTA ANA successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON-PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any City Council 23 – 19 9/16/2025 CITY OF SANTA ANA information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XII.AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II – Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. XIII. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. City Council 23 – 20 9/16/2025 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES A. INTRODUCTION AND BACKGROUND The City of Santa Ana Public Works Agency – Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City’s water system has an average day demand of about 30 million gallons (MG) with 45,000 service connections. It is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones. The City desires to retain a qualified Consultant to provide support services, maintenance, licensing, and onsite GIS professional staff to support the Water Resources Division’s infraMAP Software Application. The City’s Water Resources Division currently uses the infraMAP Software asset maintenance software to schedule work and emergencies in multiple departments which include, Engineering, Water Production, Water Quality, Water Maintenance, Sewer Maintenance, Meter Services, and others as needed. The selected vendor is intended to provide both onsite and offsite support services for the City. The Consultant shall be available on an on-call basis, 24 hours a day, seven days a week to provide support services, maintenance, licensing, and onsite GIS professionals to support the City’s infraMAP software application. B. CONSULTANT RESPONSIBILITIES The Consultant shall provide all labor, materials, services, and equipment necessary for the services described herein. The Consultant shall possess all Federal, State and Local permits, licenses, and approvals necessary to provide good/services required in the Scope of Work. C. SCOPE OF SERVICES The City is seeking qualified Consultants to provide GIS professional services which will involve maintaining both the infraMAP database and Esri database to ensure the two databases are in sync at all times. The selected vendor is intended to provide user licensing for the infraMAP software for 200 internal and external users. The Consultant shall provide onsite services of a minimum of 32 hours and a maximum of 40 hours per week for standard support. Additional onsite hours for training, asset verification, and department meetings, can amount to 50 hours per month above the required onsite time. The onsite staff/personnel must have a minimum of 5 years Esri experience and have the skillset to work in Esri ARC PRO for 5 years. The onsite staff/personnel must have a minimum of ten years’ experience in the field providing map updates with high accuracy GPS products for map verifications for departments requesting the corrections. The GPS equipment must be provided by the Consultant. Work by the Consultant may include operating portions of the Water system which will require CA Department of Health certified personnel. The lead on the project must currently hold a D-3 license and other key field staff shall hold a D-2 license. If work is required to the water system, the Consultant must hold the required CA State license with an A license preferred. City Council 23 – 21 9/16/2025 CITY OF SANTA ANA EXHIBIT II SAMPLE AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.The City desires to retain a Consultant having special skill and knowledge in the field of: Consultant represents that Consultant is able and willing to provide such services to the City.B. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2.COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social City Council 23 – 22 9/16/2025 CITY OF SANTA ANA security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6.INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. City Council 23 – 23 9/16/2025 CITY OF SANTA ANA 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Armando Fernandez), 215 S. Center St, M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7.INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or City Council 23 – 24 9/16/2025 CITY OF SANTA ANA effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8.INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10.CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12.NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. City Council 23 – 25 9/16/2025 CITY OF SANTA ANA 13.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. b. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18.PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. City Council 23 – 26 9/16/2025 CITY OF SANTA ANA 19.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20.MISCELLANEOUS PROVISIONS a. b. c. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City Council 23 – 27 9/16/2025 CITY OF SANTA ANA IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA Jennifer L. Hall City Clerk Alvaro Nuñez City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CONSULTANT: By: (name) (title)Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency SAMPLE ONLY City Council 23 – 28 9/16/2025 CITY OF SANTA ANA ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. __________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS __________________________________________________________________________________ BUSINESS ADDRESS __________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE __________________________________________________________________________________ SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS __________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE)CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) __________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 23 – 29 9/16/2025 CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 23 – 30 9/16/2025 CITY OF SANTA ANA ATTACHMENT C PROPOSER’S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 23 – 31 9/16/2025 CITY OF SANTA ANA ATTACHMENT D NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ________________________ Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 23 – 32 9/16/2025 CITY OF SANTA ANA ATTACHMENT E NON-LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 23 – 33 9/16/2025 CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City Council 23 – 34 9/16/2025 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 23 – 35 9/16/2025 CITY OF SANTA ANA ATTACHMENT G SUBCONTRACTOR DESIGNATION FORM Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law. If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates. In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document. Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed. Subcontractor Name:Location: Portion of Work/Trade: Contractor’s License Number Bid Amount DIR Registration No. Subcontractor Name: Portion of Work/Trade: Location: Bid Amount: Contractor’s License No:DIR Registration No: Contractor will not be subcontracting any portion of work. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 23 – 36 9/16/2025 Page 1 of 10 CONSULTANT AGREEMENT WITH IWATER INC. TO PROVIDE WATER SYSTEM MAPPING AND APPLICATION SERVICES TO CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 16th day of September, 2025 by and between iWater, Inc., (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On April 22, 2025, the City issued Request for Proposal (“RFP”) No. 25-030, by which it sought qualified consultants to provide water system mapping and application services for the City’s Public Works Agency. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work which was included in RFP 25-030. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Services which was included with RFP 25-030, attached hereto as Exhibit A and incorporated by reference, as well as Consultant’s Proposal Response, which is attached as Exhibit B and incorporated by reference. 2.COMPENSATION a.City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed $1,750,000, including any extension periods. b.Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERM City Council 23 – 37 9/16/2025 Page 2 of 10 This Agreement shall commence on the 16th of September, 2025 for one three-year term with the option for the City to grant up to two additional one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than City Council 23 – 38 9/16/2025 Page 3 of 10 $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. City Council 23 – 39 9/16/2025 Page 4 of 10 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Christine Le, 215 S. Center St., M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable City Council 23 – 40 9/16/2025 Page 5 of 10 decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services City Council 23 – 41 9/16/2025 Page 6 of 10 specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument City Council 23 – 42 9/16/2025 Page 7 of 10 signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. City Council 23 – 43 9/16/2025 Page 8 of 10 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been Don Rhodes President iWater, Inc. 12 Goodyear #130 Irvine, California 92618 City Council 23 – 44 9/16/2025 Page 9 of 10 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City Council 23 – 45 9/16/2025 Page 10 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nuñez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Kyle Nellesen Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Rudy Rosas, P.E. Acting Executive Director Public Works Agency Don Rhodes President e NNNNNNNNNNNNNeeeeeeeleeleeelesen i ttCitAtt Don Rhodes Rodolfo Rosas Digitally signed by Rodolfo Rosas Date: 2025.08.28 16:58:04 -07'00' City Council 23 – 46 9/16/2025 EXHIBIT A City Council 23 – 47 9/16/2025 CITY OF SANTA ANA A. INTRODUCTION AND BACKGROUND The City of Santa Ana Public Works Agency – Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City’s water system has an average day demand of about 30 million gallons (MG) with 45,000 service connections. It is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones. The City desires to retain a qualified Consultant to provide support services, maintenance, licensing, and onsite GIS professional staff to support the Water Resources Division’s infraMAP Software Application. The City’s Water Resources Division currently uses the infraMAP Software asset maintenance software to schedule work and emergencies in multiple departments which include, Engineering, Water Production, Water Quality, Water Maintenance, Sewer Maintenance, Meter Services, and others as needed. The selected vendor is intended to provide both onsite and offsite support services for the City. The Consultant shall be available on an on-call basis, 24 hours a day, seven days a week to provide support services, maintenance, licensing, and onsite GIS professionals to support the City’s infraMAP software application. B. CONSULTANT RESPONSIBILITIES The Consultant shall provide all labor, materials, services, and equipment necessary for the services described herein. The Consultant shall possess all Federal, State and Local permits, licenses, and approvals necessary to provide good/services required in the Scope of Work. C. SCOPE OF SERVICES The City is seeking qualified Consultants to provide GIS professional services which will involve maintaining both the infraMAP database and Esri database to ensure the two databases are in sync at all times. The selected vendor is intended to provide user licensing for the infraMAP software for 200 internal and external users. The Consultant shall provide onsite services of a minimum of 32 hours and a maximum of 40 hours per week for standard support. Additional onsite hours for training, asset verification, and department meetings, can amount to 50 hours per month above the required onsite time. The onsite staff/personnel must have a minimum of 5 years Esri experience and have the skillset to work in Esri ARC PRO for 5 years. The onsite staff/personnel must have a minimum of ten years’ experience in the field providing map updates with high accuracy GPS products for map verifications for departments requesting the corrections. The GPS equipment must be provided by the Consultant. Work by the Consultant may include operating portions of the Water system which will require CA Department of Health certified personnel. The lead on the project must currently hold a D-3 license and other key field staff shall hold a D-2 license. If work is required to the water system, the Consultant must hold the required CA State license with an A license preferred. EXHIBIT I SCOPE OF SERVICES City Council 23 – 48 9/16/2025 EXHIBIT B City Council 23 – 49 9/16/2025 SeSerSSerrrServicesProvices ProvvicesProvices Providevidedvvdvided ItisourunderstandingthatthedesireoftheCityofSantaAnaistoimplement/maintainaGISMappingand infraMAP®ApplicationSupportServices.SupportingmultipledepartmentsforEngineering,WaterProduction, WaterQuality,WaterMaintenance,SewerMaintenance,MeterServices,andothersasneeded.Servicescaninclude avarietyofsupportincludingtroubleshooting,newsoftwarefeatures,reportingconØguration,GISedits(ArcGISPro) anddatabasemaintenance.infraMAP®userlicensingfor200internalandexternalusers. TheMappingandApplicationprogramwillconsistofthefollowing: iinnffrrffffaarrrrMMAAMMMPP®Support infraMAP®supportservicesensuringCityusershaveaccesstosoftware(licensing),maintenanceandarefully trainedonsoftwareapplicationfunctionality. GISSupport GISsupportservicesareessentialforenablingtheCityofSantaAnatoleveragethefullcapabilitiesofGIS.iWater willdedicateanon-siteteammemberataminimumof32hoursandamaximumof40hoursperweek.Additional onsitehoursfortraining,assetveriØcation,anddepartmentmeetings,canamountto50hourspermonthabovethe requiredon-sitetime. iWaterProjectManagerholdsacurrentD3DHSLicense. infraMAP®features Øelduserfriendlyformstodisplayandinputmaintenancedata.• AutomaticsoftwareupdatesprovidedtoCityduringoffhours.• Providenewandexistinguserswithsoftwaretraining.• ImportingCCTVVideosandReportsfromCCTVContractorinto infraMAP®onceavailable.• ConØgurenewandexistingdataforAssetManagement,ComplianceandReporting.• SupportsReal-TimedatacollectionintheofØceoroutinthe Øeld.• infraMAP®supportsmultiplephoto,videoanddocumentattachments.• AccesstoUserGuideManualsforFieldandAdminLevelUsers.• Dailyon-siteGISEditing(ArcGISPro)from infraMAP®Redlines,As-Builts,DevelopmentPlansandCIPProjects.• TimelysupporttohelpCitystafftoovercometechnicalhurdlesquickly,ensuringthatGISworkÙowsareefØcient andproductive. • Assistingwithorganizing,cleaning,integrating,andmaintainingspatialdataalongwithQA/QCprocesses.• GeneratingMapExhibitsbasedonCityStaffprojectdeØnition.• DashboardandKPIMetrics.• 4 City Council 23 – 50 9/16/2025 Toprovideexceptionalcustomerservicewhile maintainingthehighestlevelofsoftware capabilities.Wefocusonourcustomers'long- termsuccessbymeetingtheircurrentand futuregoals.Wewanttocreateastrong relationshipbyestablishingtrustandloyalty betweenstaffmembers,partners,and clients.Buildingadynamicandfriendly environmentthathelpsourstaffmembersbe creative,innovative,andmovemountains. Toberecognizedasaleadingsoftware companythatstrivestoprovideexcellent servicestoutilitiesandcitieswhile providingitsemployeeswithawork-life balance. MISSION VISION ToTT p mai capa term futu rela betw clien envi crea software de excellent while a work-life MIS SerServices Provices Providedvided FieldCrewSupport iWater,Inc.willprovidetwomancrewswithCADepartmentofHealthWaterDistributionCertiØcatestosupportCity ofSantaAna.AllvehiclesandequipmentwillbefurnishedbyiWaterforeachspeciØcproject. Security GPSDataCollectiontobeupdatedinGISand infraMAP®.• CrossConnectionhazardassessmentsanddatacollection.• Fire-Flowcapacitytesting.• ValveandHydrantMaintenance.• Metercrewsupport.• SupportsSingleSign-OnandMulti-FactorAuthenticationwithMicrosoftEntra(formallyAzureActiveDirectory).• Builtinformdesigner,sothatnewdata Øelds/typesandformscanbecreatedormodiØedatanytimebyCityAdmin Users. • infraMAP®ishostedonMicrosoftAzure(USA)with99.99%SLA,failoverredundancyanddisasterrecoverybuiltin.• BothaTESTandProductionEnvironmentswillbeprovidedaspartofthesupportservicescontract.• FullloggingofuserproØleanddatachanges.• WhatassetsdoIhave?Wherearethey?Whataretheirconditions?Howaretheyperforming? 5 City Council 23 – 51 9/16/2025 EXHIBIT C City Council 23 – 52 9/16/2025 &RVWSURSRVDO9DOLGIRU'D\DD V City Council 23 – 53 9/16/2025 Public Works Agency www.santa-ana.org/pw Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects AGENDA TITLE Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 24-6604 and 26-6601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 24-6604) (Non-General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 Competitive-Street Construction Revenue Account (No. 03217002-52332) and appropriate the same amount into the Measure M2 Competitive-Street Construction expenditure account (No. 03217663-66220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 Competitive-Street Construction Revenue Account (No. 03217002-52332) and appropriate the same amount into the Measure M2 Competitive-Street Construction expenditure account (No. 03217663-66220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26-6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 24-6604). City Council 24 – 1 9/16/2025 Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects September 16, 2025 Page 2 5 3 2 1 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Background The Federal Clean Water Act (CWA), passed in 1972, is the primary U.S. law regulating water pollution by setting standards for surface waters and requiring permits for pollutant discharges into them. Key components include the National Pollutant Discharge Elimination System (NPDES) for point source pollution from facilities. The CWA's goals include making U.S. waters "fishable" and "swimmable" and protecting wetlands. The California Water Resources Control Board sets additional rules and regulations to advance the goals of the CWA. Local agencies, including the City of Santa Ana, must comply with various regulations and implement projects to reduce and eliminate pollutants from reaching creeks, rivers, and wetlands. The Orange County Transportation Authority (OCTA) Tier 1 and Tier 2 Environmental Cleanup Program helps fund projects that improve overall water quality in Orange County from transportation-generated pollution. Program funds are allocated on a countywide competitive basis to assist local agencies in meeting regulations for controlling transportation-generated pollution. This program is part of OCTA’s Measure M2 Comprehensive Transportation Funding Program. The Tier 1 Grant Program is designed to mitigate the more visible form of pollutants, such as litter and debris, that collects on roadways and in storm drains prior to reaching waterways and the ocean. Tier 1 consists of funding for equipment purchases and upgrades to existing catch basins and related Best Management Practices (BMPs) such as screens, filters, inserts, and other street-scale, low-flow diversion projects. On May 21, 2024, City Council adopted a resolution authorizing an application for funds from the Tier 1 Grant Program for the 10th & Flower Stormwater Capture Project (Exhibit 1). The Tier 2 Grant Program consists of funding regional, potentially multi-jurisdictional, capital-intensive projects. Examples include constructed wetlands, detention/infiltration basins, and bioswales, which mitigate pollutants including litter and debris, but also heavy metals, organic chemicals, sediment, and nutrients. On May 21, 2024, City City Council 24 – 2 9/16/2025 Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects September 16, 2025 Page 3 5 3 2 1 Council adopted a resolution authorizing an application for funds from the Tier 2 Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project (Exhibit 2). On November 1, 2024, OCTA notified the City of Santa Ana of their intent to award the City two grants under the Environmental Cleanup Program for Fiscal Year 2025/26 (Exhibit 3). 10th and Flower Park Stormwater Project The Public Works Agency submitted a successful grant application for $600,000 of Tier 1 funding for the 10th and Flower Park Stormwater Capture Project (Exhibit 4). This project features an underground stormwater infiltration system and Bioretention Basins at the proposed park that will help improve water quality, capture trash, and reduce flooding on Flower Street and Civic Center Drive (Exhibit 5). These proposed stormwater quality improvements were envisioned and incorporated in the proposed park plans and the proposed natural landscape features will complement the recreational elements. The proposed park at the corner of 10th and Flower streets has also been awarded a grant from the State in the amount of $2.25M with a local match of $2.25M from Park Acquisition and Development funds. Together these funds will be used to construct the park and water quality improvements. Construction for the new park and stormwater improvements will be completed at the same time. Staff will return to Council in the future to award a construction contract for this work. Santa Ana Zoo Stormwater Project Staff has been developing a project to capture and treat stormwater runoff in the vicinity of the Santa Ana Zoo. Existing stormwater runoff from Santa Ana streets and the I-5 freeway drain into a City-owned storm drain located at Zoo Lane and Chestnut Ave. that outlets to the Upper Newport Bay wetlands. The proposed project would remove trash, debris, and other pollutants from the stormwater and infiltrate the stormwater into the ground. This project is being developed in close coordination with the Santa Ana Zoo and features the construction of a new 0.25-acre passive pocket park in the west end of the Zoo’s main parking lot, as well as 24 pervious parking stalls in the Zoo’s overflow parking lot. This project provides several benefits to the City and community, including assisting with NPDES Permit compliance, improving water quality, enhancing local water supplies, reducing flooding, providing new recreational opportunities for the community, and new paving, signage, and striping in the Zoo parking lots (Exhibit 6). The proposed project will be closely coordinated with Zoo staff and construction will be phased in a manner to minimize impacts to the Zoo. These improvements are in conformance with the adopted Zoo Master Plan (Exhibit 7). Staff submitted a successful grant application for $2,500,000 of Tier 2 funding from OCTA for the Santa Ana Zoo Stormwater Capture and Diversion Project (Exhibit 8). Additionally, because existing stormwater runoff from the I-5 freeway flows through City street to the project location and will be captured and treated by the project, staff engaged Caltrans to contribute additional funding for the proposed Zoo stormwater City Council 24 – 3 9/16/2025 Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects September 16, 2025 Page 4 5 3 2 1 project. Staff successfully negotiated with Caltrans and they have agreed to contribute an additional $3,700,000 towards the construction of the Zoo stormwater project to mitigate pollution generated from the freeway that currently flows through City streets. The proposed resolution authorizes staff to enter into a Cooperative Implementation Agreement with Caltrans to receive funding, on a reimbursement basis, and assures the commitment to regulatory stormwater obligations and support of a regional solution that benefits the City through stormwater capture and trash reduction (Exhibit 9). Ongoing routine maintenance costs for the stormwater infrastructure, once completed, will be paid through the City’s Stormwater Program. The proposed Santa Ana Zoo Stormwater Capture and Diversion Project has also previously been awarded a State Proposition 1 Integrated Regional Water Management (IRWM) grant in the amount of $2,603,525 for design and construction phases. The $2,500,000 of OCTA Tier 2 funding and $3,700,000 of Caltrans funding will be used solely for the construction phase of the project. Together, these three funding sources will be used to construct the stormwater and related improvements at the Zoo. Staff will return to Council in the future to award a construction contract for this work. Approval of the recommended actions will recognize the awarded OCTA funds, amend the fiscal year 2025/26 Capital Improvement Program to include these new funds, authorize the City to enter into the Caltrans Cooperative Implementation Agreement, and allow staff to proceed to implement the proposed projects. If approved, staff will finalize the construction bid documents for both projects, initiate the bid phase, and return to Council for award of construction contracts. A tentative schedule for project completion is provided below: Milestone Date OCTA Grant Appropriation Adjustment and Caltrans Resolution September 16, 2025 Caltrans Cooperative Implementation Agreement (CIA)October 2025 Award Construction Contract December 2025 Project Construction March 2026 – March 2027 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT With approval of the requested appropriation adjustments, the funds will be budgeted and available for this item in the accounts below. Once the Caltrans Cooperative Implementation Agreement is executed and bids are received for construction of the project, staff will return to Council to authorize the appropriation adjustment to add City Council 24 – 4 9/16/2025 Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects September 16, 2025 Page 5 5 3 2 1 $3,700,000 of Caltrans funding to the Santa Ana Zoo Stormwater Capture and Diversion Project with the award of the construction contract. Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount Appropriation Adjustments 2025-26 03217663-66220 (26-6601) Measure M- Street Construction Measure M2 Competitive Street, Improvements Other Than Buildings $600,000 2025-26 03217663-66220 (24-6604) Measure M- Street Construction Measure M2 Competitive Street, Improvements Other Than Buildings $2,500,000 Total $3,100,000 EXHIBIT(S) 1. Resolution 2024-016 2. Resolution 2024-017 3. OCTA M2 CTFP Master Funding Agreement No. 22 4. 10th and Flower Stormwater Capture Project FY 2025-26 Capital Improvement Project Worksheet 5. 10th and Flower Park Project Exhibit 6. Santa Ana Zoo Stormwater Capture and Diversion Project Exhibit 7. Zoo Master Plan Exhibit 8. Santa Ana Zoo Stormwater Capture and Diversion Project FY 2025-26 Capital Improvement Project Worksheet 9. Resolution Authorizing Caltrans Cooperative Implementation Agreement Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 24 – 5 9/16/2025 RESOLUTION NO.2024-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE 10T" & FLOWER STORMWATER CAPTURE PROJECT WHEREAS, Orange County Local Transportation Ordinance No. 3, dated July 24, 2006, and is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation -generated pollution (urban runoff) and improve overall water quality; and WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases and installation to catch basins with Best Management Practices, such as screen, filters, inserts, and other "street -scale" low flow diversion projects; and WHEREAS, Orange County Transportation Authority ("OCTA") has established the procedures and criteria for reviewing proposals; and WHEREAS, the City of Santa Ana possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and WHEREAS, by formal action the City of Santa Ana authorizes the nomination of the 10th & Flower Stormwater Capture Project, including all understanding and assurances contained therein, and authorizes the City Manager, or their designee, to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City of Santa Ana will maintain and operate the equipment acquired and installed; and WHEREAS, the City of Santa Ana will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and WHEREAS, the City of Santa Ana will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and that the project will be carried to completion with reasonable diligence; and Resolution No. 2024-016 Page 1 of 3 City Council 24 – 6 9/16/2025 WHEREAS, the City of Santa Ana will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and WHEREAS, the City of Santa Ana must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirements; and WHEREAS, the City of Santa Ana authorizes a formal amendment to the seven- year Capital Improvement Program to add projects approved for funding upon approval form the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of Santa Ana will provide a minimum of 20% in matching funds for the loth & Flower Stormwater Capture Project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby authorizes the City Manager, or their designee, as the official representative of the City of Santa Ana to accept funds for the Environmental Cleanup, Tier 1 Grant Program for the 10th & Flower Stormwater Capture Project. Section 2. The City Council of the City of Santa Ana agrees to fund its share of the project costs and any additional costs over the identified programmed amount. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 215t day of May. 2024. Resolution No. 2024-016 Page 2 of 3 City Council 24 – 7 9/16/2025 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: i QM/l J i Brandon Salvatierra t Deputy City Attorney YES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza, Phan, Vazquez (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-016 to be the original resolution adopted by the City Council of the City of Santa Ana on Ma v 21, 2024. Date: r l ennifer L. II City Clerk o anta Resolution No. 2024-016 Page 3 of 3 City Council 24 – 8 9/16/2025 RESOLUTION NO. 2024-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 2 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT WHEREAS, Orange County Local Transportation Ordinance No. 3, dated July 24, 2006, and is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation -generated pollution (urban runoff) and improve overall water quality; and WHEREAS, the Environmental Cleanup, Tier 2 Grant Program consists of funding regional, potentially multi -jurisdictional, capital -intensive projects, such as constructed wetlands, detention/infiltration basins and bioswales, which mitigate pollutants including litter and debris, heavy metals, organic chemicals, sediment, and nutrients; and WHEREAS, Orange County Transportation Authority ("OCTA") has established the procedures and criteria for reviewing proposals; and WHEREAS, the City of Santa Ana possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and WHEREAS, by formal action the City of Santa Ana authorizes the nomination of the Santa Ana Zoo Stormwater Capture and Diversion Project, including all understanding and assurances contained therein, and authorizes the City Manager, or their designee, to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City of Santa Ana will maintain and operate the equipment acquired and installed; and WHEREAS, the City of Santa Ana will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 2 Grant Project; and Resolution No. 2024-017 Page 1 of 3 City Council 24 – 9 9/16/2025 WHEREAS, the City of Santa Ana will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and that the project will be carried to completion with reasonable diligence; and WHEREAS, the City of Santa Ana will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and WHEREAS, the City of Santa Ana must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirements; and WHEREAS, the City of Santa Ana authorizes a formal amendment to the seven- year Capital Improvement Program to add projects approved for funding upon approval form the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of Santa Ana will provide a minimum of 50% in matching funds for the Santa Ana Zoo Stormwater Capture and Diversion Project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby authorizes the City Manager, or their designee, as the official representative of the City of Santa Ana to accept funds for the Environmental Cleanup, Tier 2 Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project. Section 2. The City of Santa Ana agrees to fund its share of the project costs and any additional costs over the grant funding. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 215t day of May. 2024. Resolution No. 2024-017 Page 2 of 3 City Council 24 – 10 9/16/2025 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 9 ASV & k . vwe!-YUi. Brandon Salvatierra Deputy City Attorney YES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez Penaloza, Phan, Vazquez (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-017 to be the original resolution adopted by the City Council of the City of Santa Ana on May 21, 2024. Date: 01tyof al a Resolution No. 2024-017 Page 3 of 3 City Council 24 – 11 9/16/2025 City Council 24 – 12 9/16/2025 City Council 24 – 13 9/16/2025 City Council 24 – 14 9/16/2025 City Council 24 – 15 9/16/2025 City Council 24 – 16 9/16/2025 City Council 24 – 17 9/16/2025 City Council 24 – 18 9/16/2025 City Council 24 – 19 9/16/2025 CITY OF SANTA ANA FY 25/26CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The project features the installation of a subsurface stormwater infiltration system, catch basin inlets, pre-treatment devices, and Bioretention Basins at the new park at 10th St & Flower St. PROJECT NEED: Stormwater infiltration provides multiple benefits, including improving water quality, enhancing local water supplies, and reducing flooding. PROJECT TITLE: 10th and Flower Stormwater Capture PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Storm Drain/Water Quality LOCATION MAP AGENCY:DIVISION:CONTACT:DATE: Public Works Construction Engineering Craig Foster, NPDES Manager 1-July-2025 PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 600,000 ------ TOTAL 600,000 ------ SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 MEASURE M2 COMPETITIVE 600,000 ------ TOTAL 600,000 ------ City Council 24 – 20 9/16/2025 10TH & FLOWER PARK - CITY OF SANTA ANA ILLUSTRATIVE SITE PLAN December 2024 Site Furniture, Typ. Lawn Area, Typ. Fitness Area w/ Shade Structure Playground w/ Shade Structure Basketball Court Group Gathering Area Skate Park 10th Street North Flower StreetExisting Residential Lot Park Entry Park Entry Pedestrian Walk, Typ. Site Landscape, Typ. Site Lighting, Typ. 0’ 8’ 16’ 32’ SCALE: 1/16” = 1’-0” Project Entry City Council 24 – 21 9/16/2025 0 3015 NORTH 60 PROJECT NO. 24-6604: SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT August 11, 2025 Illustrative Plan E. Main StreetZoo LaneDry creek bed w/ drought tolerant landscaping (Typ) Bridge New zoo monument sign Vegetated swale w/ drywells Exisiting parking lot with new asphalt pavement and striping Santa Ana Zoo New entrance/gate to overflow parking lot Zoo Overflow Parking Lot New pervious paver parking stalls New pervious paver parking stalls New 0.25-acre pocket park (stormwater detention system underneath) Lights (Typ) Stormwater drywells (Typ) City Council 24 – 22 9/16/2025 SITE PLAN LEGEND Visitor Amenity Exhibit Building Admin / Support Habitat Space Holding O-Exhibit Yard Ponds / pools Shrubs Tree Rocks Buer Vegetation Visitor Path Service Path ILLUSTRATIVE PLAN *Addtional Level 2 Administration Area= 11,480 SF. Total gross area is 13,620 SF greater than existing. SANTA ANA ZOO SATELLITE IMAGE LAND USE CALCS TOTAL SANTA ANA ZOO AREA 791,000 SF / 18 ac+/- Animal Exhibits 131,200 SF 16.59% Visitor Buildings & Amenities 23,300 SF 2.95% Exhibit Buildings 7,300 SF 0.92% Animal Mgmt Facilities & Yards 27,600 SF 3.49% Admin/Support Facilities* 20,600 SF 2.60% Visitor Parking (336 spaces total)207,100 SF 26.18% Buer Landscape, Paving, Misc. 373,900 SF 47.27% 140’0’ 70’ 280’ N FEBRUARY 2018FACILITIES MASTER PLAN7 Zoo Entrance Event Lawn ITT/Canon Amphitheater Crean Family Farm Tierra de las Pampas Maintenance & Operations Forest Station Forest Zone Riverine Zone Vet HospitalColors of the Amazon Aviary Giant Anteater Chestnut AvenueElk LaneI-5 Freeway E. First Street Amazon’s Edge Visitor Parking City Council 24 – 23 9/16/2025 CITY OF SANTA ANA FY 25/26CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The project features the installation of subsurface stormwater infiltration systems at the Santa Ana Zoo to capture and infiltrate approximately 67 acre-feet per year of stormwater and dry-weather runoff. The project will also include a new urban green space, bioswales, pervious pavement, seating, drought-tolerant landscaping and shade trees, and interpretive signage. PROJECT NEED: Stormwater infiltration provides multiple benefits, including improving water quality, enhancing local water supplies, and reducing flooding. The project will also feature a new urban green space in the zoo parking lot, which will provide recreational benefits to the surrounding community. PROJECT TITLE: Santa Ana Zoo Stormwater Capture and Diversion Project PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Park Facility LOCATION MAP AGENCY:DIVISION:CONTACT:DATE: Public Works Construction Engineering Craig Foster, NPDES Manager 1-July-2025 PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 2,500,000 ------ Engineering ------- Planning ------- TOTAL 2,500,000 ------ SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 MEASURE M2 COMPETITIVE 2,500,000 ------ Prop 1 IRWM Grant ------- TOTAL 2,500,000 ------ City Council 24 – 24 9/16/2025 Resolution No. 2025-XXX Page 1 of 3 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT WHEREAS, the City of Santa Ana (City) has adopted and implemented the Project identified as the Santa Ana Zoo Stormwater Capture and Diversion Project (Project). WHEREAS, the State Water Resources Control Board issued the Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Trash Provisions), which applies to both the City and the California Department of Transportation (Caltrans) as municipal separate storm sewer system (MS4) permittees. WHEREAS, the City and Caltrans are required to comply with the Trash Provisions by installing, operating, and maintaining full capture systems (or full capture system equivalency) for storm drains that capture runoff from significant trash generating areas or regulated priority land use areas. WHEREAS, the City and Caltrans are required to comply with Total Maximum Daily Load (TMDL) waste load allocations in their respective NPDES permits in the Newport Bay watershed. WHEREAS, the City’s Project will capture and infiltrate runoff via dry wells and control trash via a State Water Board certified gross solid removal device from the contributing drainage basin area. WHEREAS, Caltrans owns property within the total contributing drainage basin area, and through hydraulic connectivity, receives compliance generation for multi- pollutant treatment removal attributed to Caltrans stormwater conveyed to the Project. WHEREAS, Caltrans and the City, pursuant to California Streets and Highways Code (SHC) Sections 114 and 130, will enter into a Cooperative Agreement for improvements to the State Highway System (SHS) as a watershed stakeholder within the City’s jurisdiction. WHEREAS, now Caltrans has agreed to contribute an amount not to exceed $3,700,000 Dollars in reimbursement funds to the City to construct the Project, within the regional area under the jurisdiction of the City to comply with the Trash Provisions and Total Maximum Daily Loads (TMDL). City Council 24 – 25 9/16/2025 Resolution No. 2025-XXX Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana is hereby authorized to enter into a Cooperative Implementation Agreement with Caltrans to receive stormwater reimbursement funds from Caltrans to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. Section 2. Appoints the Executive Director of the Public Works Agency, or designee, as agent to conduct all negotiations, execute and submit all documents, including but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Project. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _____ day of August, 2025. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_____________________ Kyle Nellesen Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 24 – 26 9/16/2025 Resolution No. 2025-XXX Page 3 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-____ to be the original resolution adopted by the City Council of the City of Santa Ana on August, ___, 2025. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana City Council 24 – 27 9/16/2025 Planning and Building Agency www.santa-ana.org/pb Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Group Home Ordinance – Second Reading AGENDA TITLE Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. RECOMMENDED ACTIONS 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS-3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. GOVERNMENT CODE §84308 APPLIES: No City Council 25 – 1 9/16/2025 ZOA No. 2025-01 and OA No. 2025-01 (Group Home Ordinance) September 16, 2025 Page 2 5 3 0 9 DISCUSSION At the August 19, 2025 meeting, the City Council conducted a first reading of an ordinance, Zoning Ordinance Amendment No. 2025-01, amending several sections of Chapter 41 (Zoning) and Ordinance Amendment No. 2025-01, to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. The ordinance, approved 7:0, requires a second reading and adoption to become effective October 16, 2025. No changes to the ordinance were made by the City Council. A copy of the ordinance for second reading is attached to this report as Exhibit 1. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this ordinance (“Project”) is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. The amendments provide definitions and standards to regulate the location, operation, and licensing of group homes and do not authorize new development or changes in density or intensity of land use. Moreover, the Project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. This exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project merely establishes administrative and land use oversight procedures for group homes already operating or proposed within existing residential structures, and will not expand the existing use. None of the exceptions to the use of categorical exemptions identified in CEQA Guidelines Section 15300.2 apply to the Class 1 exemptions or this ordinance. Specifically, the Project will not result in cumulative impacts, will not affect any scenic or historic resources, and will not involve unusual circumstances leading to a significant impact. Therefore, a Notice of Exemption, Environmental Review No. 2025-43, will be filed for the Project. FISCAL IMPACT The proposed ordinance has a net neutral fiscal impact, as the passage of the ordinance would generate fiscal impacts to the City in the form of additional expenditures offset by new revenues. Based on best available data for the 74 existing known and suspected residential care and group home facilities, staff estimates one-time permit revenues of approximately $358,000 and approximately $17,000 in total annual permit revenues thereafter. Such revenues recover the City’s costs associated with equipment, materials, and personnel already budgeted. Therefore, an appropriation adjustment is not required. City Council 25 – 2 9/16/2025 ZOA No. 2025-01 and OA No. 2025-01 (Group Home Ordinance) September 16, 2025 Page 3 5 3 0 9 EXHIBIT 1. Ordinance for Second Reading Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency Approved By: Alvaro Nuñez, City Manager City Council 25 – 3 9/16/2025 Ordinance No. NS-XXX Page 1 of 27 ORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2025-01 AND ORDINANCE AMENDMENT NO. 2025-01– AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301(C) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the residential character of residential neighborhoods, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, “It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled” (Berman v. Parker (1954) 348 U.S. 26, 33). B. Courts have held that cities have the right to regulate both the number of people who may reside in a residence and the manner in which the residence is used as long as such regulations do not unfairly discriminate or impair an individual’s rights of privacy and association (see, e.g., City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123, 131–34; Ewing v. City of Carmel-By-The-Sea (1991) 234 Cal.App.3d 1579, 1595–98). C. The Federal Fair Housing Act Amendments of 1988 (“FHAA”) and the California Fair Employment Housing Act (“FEHA”) prohibit enforcement of zoning ordin ances that would on their face or otherwise have the effect of discriminating against equal housing opportunities for the disabled. D. A core purpose of the FHAA, FEHA, and California’s Lanterman Developmental Disabilities Services Act (“Lanterman Act”) is to provide a broader range of housing opportunities to the disabled; to free the disabled, to the extent possible, from institutional style living; and to ensure that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non -disabled. City Council 25 – 4 9/16/2025 Ordinance No. NS-XXX Page 2 of 27 E. To fulfill this core purpose, the FHAA and FEHA require that the City grant an exception to its zoning ordinances if the exception is both reasonable and necessary to accommodate a person’s legal disability to afford the disabled person an equal opportunity to use and enjoy a dwelling. F. Several state laws require the City to treat state licensed residential care facilities serving six or fewer as a residential use, such that it is permitted in residential zoning districts (see, e.g., Health and Safety Code, §§ 1267.8, 1566.3, 1568.0831, and 11834.23). A report conducted by the 2022–2023 Grand Jury for the County of Orange found that the resulting deinstitutionalization of group living arrangements for the disabled has had a positive effect upon the disabled.1 G. The City’s goal in enacting this Ordinance is to preserve the residential characteristics of residential neighborhoods, and to provide opportunities for the disabled to reside in residential zones that are enjoyed by the non -disabled. H. Over the past several years the region has seen a significant increase in the number of residential homes being utilized as alcohol and drug re covery facilities for large numbers of individuals (“sober-living homes”). I. The increase appears to be driven in part by the Substance Abuse and Crime Prevention Act of 2000 adopted by California voters, which provides that specified first-time drug and alcohol offenders are to be afforded the opportunity to receive substance abuse treatment rather than incarceration. J. The Affordable Care Act has also significantly expanded the availability of health care coverage for substance abuse treatment. K. The region has seen a sharp increase of sober-living homes, which has generated community outcry and complaints including, but not limited to overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of sober- living facilities in close proximity to each other creating neighborhoods of sober- living homes (see Ohio House LLC v. City of Costa Mesa (9th Cir. 2024) 122 F.4th 1097, 1127). L. This increase in sober-living homes has become a rising concern for cities statewide as local officials are in some cases being bombarded with complaints from residents about the proliferation of sober-living homes; conferences drawing local officials from around the state are being held discussing what to do about challenges associated with sober-living homes; and the appropriate regulation of sober-living homes has been the topic of several League of California Cities meetings. 1 “Welcome to the Neighborhood: Are cities responsibly managing the integration of group homes?”, County of Orange Grand Jury Investigation, 2022-2023, https://www.ocgrandjury.org/sites/jury/files/2023-06/Welcome_to_the_Neighborhood- Are_cities_responsibly_managing_the_integration_of_group_homes.pdf .” City Council 25 – 5 9/16/2025 Ordinance No. NS-XXX Page 3 of 27 M. The state Legislature has recognized the need to prevent overconcentration of residential facilities that impairs the integrity of res idential neighborhoods and leads to the institutionalization of such neighborhoods, which undermines the benefits of deinstitutionalization (Cal. Health & Saf. Code §§ 1520.5 & 1267.9). To that end, state law allows applications for new residential facility licenses to be denied if the facility’s location is near an existing residential facility, thereby resulting in overconcentration. N. Overconcentration of other group homes for the disabled, including sober-living homes, impairs the integrity of residential neighborhoods and undermines the benefits of deinstitutionalization. The number of sober-living homes in the region is rapidly increasing, leading to an overconcentration of sober -living homes in many cities. O. The purpose of sober-living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the neighborhood of their choice. P. Individuals recovering from alcoholism and drug addiction, who are not currently using alcohol or drugs, are considered disabled under both the FHAA and FEHA. Q. This Ordinance and the balance of the City’s zoning provide a benefit to group homes by allowing these facilities to locate in residential neighborhoods, whereas a similarly situated and functioning home with non-disabled tenants would be defined as a boarding house and continue to be prohibited in all zoning districts. R. Group homes (including sober-living homes) typically do not function as a single housekeeping unit for the following reasons: (1) they house transient populations (programs are generally about 90 days and, a 2005 UCLA study found that 65–70 percent of individuals recovering from addiction leave even earlier); (2) the residents generally have no established ties to each other when they move in and typically do not mingle with other neighbors; (3) neighbors generally do not know those who reside in the home, nor do the residents know the neighbors; (4) the residents have little to no say about who lives or doesn’t live in the home; (5) the residents do not generally share expenses; (6) the residents are often responsible for their own food, laundry and phone; (7) when residents disobey house rules they are often evicted from the house; (8) the residents generally do not share the same acquaintances; and (9) residents often pay significantly above -market rate rents. The lack of single-housekeeping-unit characteristics contributes to institutional living conditions. S. The size and makeup of the households in group homes, even those allowed as a matter of right under the Code, can create institutional living conditions because they tend to be larger than average single housekeeping units, creating impacts on water, sewer, roads, parking and other City services that are far greater than the average household, in that the average number of persons per California household is 2.86. A sober-living facility allowed as a matter of right can house six City Council 25 – 6 9/16/2025 Ordinance No. NS-XXX Page 4 of 27 residents plus a resident manager, which is more than twice the average California household size. T. All individuals residing in a sober-living facility are generally over the age of 18, while the average household in the United States has just 1.96 individuals over the age of 18 according to federal census data. U. Because of their transient populations and above-average numbers of adults residing in a single home, group homes (including sober-living facilities) present impacts to residential neighborhoods not typically associated with more traditional single-family uses, which contributes to the institutionalization of residential neighborhoods and residential care environments, which in turn reduces the benefits of residential environments for disabled residents in group living arrangements. These impacts include: the housing of large numbers of unrelated adult who may or may not be supervised; excessive noise and outdoor smoking, which interferes with the use and enjoyment of residential neighborhoods; little to no interaction with the neighborhood; irresponsible operators with a history of opening facilities in complete disregard of the Code and with little regard for impacts to the residential environment; disproportional impacts from the average dwelling unit to nearly all City services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area. V. Among other things, this Ordinance establishes a 650-foot distance requirement between group homes, which provides many opportunities for the operation of group homes within the City and still results in preferential treatment for group homes that serve disabled individuals as compared to group homes serving non- disabled individuals in a similar living situation (i.e., in boarding house-style residences) which cannot operate in residential zones. W. Housing inordinately large numbers of unrelated adults in a single-residence or congregating group homes in close proximity to each other does not provide the disabled with an opportunity to “live in normal residential surroundings,” but rather subjects them to living environments that resemble the types of institutional living that the FEHA and FHAA were designed to provide relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding. X. Notwithstanding the above, the City Council recognizes that, when operated responsibly, group homes (including sober-living homes) provide a societal benefit by providing the disabled the opportunity to live in residential neighborhoods, as well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions. Providing greater access to residential zones to group homes, including sober-living homes, than to boarding houses provides a benefit to the City and its residents. Y. Without sufficient, appropriate regulation, there is no way to ensure that the individuals entering into a group home are disabled individuals and entitled to the protections under local and state law; that a group home is operated professionally City Council 25 – 7 9/16/2025 Ordinance No. NS-XXX Page 5 of 27 to minimize impacts to the character of residential neighborhoods; and that the secondary impacts which cause the institutionalization of group homes due to concentration of both group homes in a neighborhood and large numbers of unrelated adults residing in a single facility in a single home are lessened. Z. In addition to group homes locating in residential neighborhoods, other state - licensed residential care facilities are also taking up residence in residential neighborhoods. AA. The purpose of group homes for the disabled is to provide the disabled an equal opportunity to comfortably reside in residential neighborhoods of their choice. BB. ZOA No. 2025-01 and OA No. 2025-01 are consistent with various goals and policies of the General Plan. Specifically, these actions are consistent with Housing Element (HE) Goal 2 (a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana’s residents and workforce of all household types, income levels, and age groups to foster an inclusive community), Policy HE-2.5 (diverse housing types), HE Goal 4 (adequate rental and ownership housing opportunities and supportive services for seniors, people with d isabilities, families with children, and people experiencing homelessness), Policies HE -4.3 and HE-4.7 (provide housing for disabled people to live independent lives and provide regulatory oversight), Community Element (CE) Policy CM-3.2 (support the creation of healthy neighborhoods), Land Use Element (LU) Policy LU -1.1 (foster compatibility between land uses to enhance livability and promote healthy lifestyles), Policy LU-4.6 (support diverse housing types that promote a healthy environment), and Policy LU-4.7 (promote mixed housing types to create inclusive communities). CC. On June 23, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public tes timony concerning ZOA No. 2025-01, at which time the Planning Commission recommended that the City Council adopt the proposed ordinance, with the exception of Section 28, which amends Chapter 8 of the SAMC and is not within the purview of the Planning Commission. DD. On August 19, 2025, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance. Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. The amendments provide definitions and standards to regulate the location, operation, and licensing of group homes and do not authorize new development or changes in density or intensity of land use. Moreover, the Project is categorically exempt from further review per Section 15301 City Council 25 – 8 9/16/2025 Ordinance No. NS-XXX Page 6 of 27 (Class 1 – Existing Facilities) of the CEQA Guidelines. This exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project merely establishes administrative and land use oversight procedures for group homes already operating or proposed within existing residential structures, and will not expand the existing use. None of the exceptions to the use of categorical exemptions identified in CEQA Guidelines Section 15300.2 apply to the Class 1 exemptions or this ordinan ce. Specifically, the Project will not result in cumulative impacts, will not affect any scenic or historic resources, and will not involve unusual circumstances leading to a significant impact. Section 3. Section 41-27.3 (Boarding House) of Chapter 41 of the SAMC is hereby added to read as follow: Sec. 41-27.3. – Boarding house. Boarding house means a residence or dwelling, other than a hotel or motel, wherein rooms are rented under multiple separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Boarding houses do not include: (1) group homes; (2) residential care facilities; (3) sober-living homes; (4) transitional or supportive housing; or (5) single housekeeping units. Section 4. Section 41-41.5 (Care Home) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-41.5. – Reserved. Section 5. Section 41-49 (Disabled) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-49. – Disabled. Disabled means, as is more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. For the purposes of this Chapter, handicapped shall mean the same as disabled. Section 6. Section 41-66.5 (Group home) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-66.5. – Group home. A facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home ope rated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, City Council 25 – 9 9/16/2025 Ordinance No. NS-XXX Page 7 of 27 whether the facility occupies one or more dwelling units. Group homes shall not include residential care facilities and any dwelling that operates as a single housekeeping unit. Section 7. Section 41-77 (Hotel / Motel) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41 – 77. – Hotel/motel. A hotel/motel is any building, or portion of a building that is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such hotel/motel shall contain more than five (5) guest rooms. A hotel/motel that contains a kitchen (as defined in Section 310.7(3) of the California Building Code) in guest rooms shall be deemed to be a long-term stay business hotel. A hotel/motel that meets the criteria of Section 41 -139 of this Code shall be deemed to be a transient/residential hotel. Section 8. Section 41-78 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-78. – Household. Household means all the individuals occupying a dwelling unit, and includes people who live in different units governed by the same operator, but does not include a single housekeeping unit. Section 9. Section 41-78.5 (House manager) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-78.5. – House manager. The person, or group of persons, that is present at a group home, as defined in this Chapter, on a 24-hour basis and is responsible for the day-to-day operation of the group home. The house manager may be the operator, or a duly authorized representative of the operator. Section 10. Section 41-83.2 (Integral Group Home Facility) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-83.2. – Integral group home facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by City Council 25 – 10 9/16/2025 Ordinance No. NS-XXX Page 8 of 27 assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Section 11. Section 41-103 (Lodging House) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-103. – Reserved. Section 12. Section 41-143.5 (Residential Care Facility) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-143.5. – Residential care facility. Residential care facility means a residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but are not limited to, the following: An intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled-nursing, as defined by California Health and Safety Code Section 1250; a congregate living health facility, as defined by California Health and Safety Code Section 1250; a community care facility, as defined by California Health and Safety Code Section 1502; a residential care facility for the elderly, as defined by California Health and Safety Code Section 1569.2; a residential care facility for persons with chronic life-threatening illness, as defined by California Health and Safety Code Section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code Section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code Section 1760.2; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code Section 5116. Section 13. Section 41-145 (Rooming House) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-145. – Reserved. Section 14. Section 41-152.5 (Single Housekeeping Unit) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-152.5. – Single housekeeping unit. Single housekeeping unit means that residents of the dwelling unit have established ties and familiarity and interact with each other and whose use of the dwelling unit satisfies each of the following criteria: (1) If the dwelling unit is rented, each adult resident is named on and is a party to a single written lease that gives each resident joint use and responsibility for the premises. (2) Residents generally do not have separate entrances or separate secured fo od- storage facilities such as cabinets or refrigerators. City Council 25 – 11 9/16/2025 Ordinance No. NS-XXX Page 9 of 27 (3) The residential activities of the household are conducted on a nonprofit basis. (4) The household is strictly resident-run; there is no care or supervision provided by a third-party or a paid resident manager at the dwelling unit or on the property. (5) Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary. (6) All adult residents have chosen to jointly occupy the entire premises of the dwelling unit and they each have access to all common areas. (7) Membership of the household is determined by the residents not by a landlord, property manager or other third party. Section 15. Section 41-152.7 (Sober-living home) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-152.7 – Sober-living home. Sober-living home means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law. Sober-living home shall not include residential care facilities and sober-living homes that operate as a single housekeeping unit. Section 16. Section 41-247.5 (Uses subject to a conditional use permit in the R2 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-247.5 – Uses subject to a conditional use permit in the R2 district. The following uses may be permitted in the R2 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41 -232.5 may likewise be permitted in the R2 district subject to a conditional use permit. (b) Residential care facilities (seven or more occupants), which previously were permitted as care homes pursuant to a validly issued conditional use permit and subsequently lost the permitted use pursuant to the provisions of this Code. Section 17. Section 41-259.5 (Uses subject to a conditional use permit in the R3 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-259.5. – Uses subject to a conditional use permit in the R3 district. The following uses may be permitted in the R3 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted in the R2 district subject to the issuance of a conditional use permit pursuant to Section 41-247.5. City Council 25 – 12 9/16/2025 Ordinance No. NS-XXX Page 10 of 27 (b) Fraternity houses, residential care facilities (seven or more occupants), and sorority houses. (c) Sanitariums and hospitals. Section 18. Section 41-292.5 (Uses subject to a conditional use permit in the R4 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-292.5. – Uses subject to a conditional use permit in the R4 district. The following uses may be permitted in the R4 district subject to the issuance of a conditional use permit: (a) Any use that may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5. (b) Residential care facilities (seven or more occupants). Section 19. Section 41-365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365.5. – Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: a. Clubs. b. Outdoor and indoor recreational or entertainment uses other than those set forth in Section 41-365. c. Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses. d. Thrift shops, purchase and loan, pawn shops. e. Eating establishments with drive-through window service. f. Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. g. Laundromats, subject to the development and performance standards set forth in Section 41-199. h. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. City Council 25 – 13 9/16/2025 Ordinance No. NS-XXX Page 11 of 27 i. Check cashing facilities, as defined by Section 41-42.7. j. Banquet facilities, subject to development an d operational standards set forth in Section 41-199.1. k. Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1. l. Adult day care facilities. m. Superstores. n. Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in Section 41-199.3. o. Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter. Section 20. Section 41-412.5 (Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-412.5. – Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in Section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by Section 41-42.7 of this Code. City Council 25 – 14 9/16/2025 Ordinance No. NS-XXX Page 12 of 27 (h) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1. (j) Adult day care facilities. (k) Superstores. (l) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter. Section 21. Section 41-424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-424.5. – Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j) Eating establishments open at any time between the h ours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. City Council 25 – 15 9/16/2025 Ordinance No. NS-XXX Page 13 of 27 (k) Laundromats, subject to the development and performance standards set forth in Section 41-199. (l) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1. (o) Adult day care facilities. (p) Superstores. (q) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter. Section 22. Section 41-442.5 (Uses subject to a conditional use permit in the CR district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-442.5. – Uses subject to a conditional use permit in the CR district. The following uses may be permitted in the CR district subject to the issuance of a conditional use permit: (a) Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses. (b) Service stations, provided they are integrated into a larger development site and accessible only by limited access ways serving the larger site as a whole. (c) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (f) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1. City Council 25 – 16 9/16/2025 Ordinance No. NS-XXX Page 14 of 27 (g) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1. Section 23. Section 41-522 (Uses subject to a conditional use permit in the C - SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-522. – Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: (a) Clubs, lodges and fraternal organizations. (b) Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in Section 41-521 of this chapter. (c) Hotels, motels fraternity houses, residential care facilities (seven or more occupants), and sorority houses. (d) Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. (e) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (f) Laundromats. (g) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1 of this chapter. (h) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1 of this chapter. (i) Automobile repair and automobile servicing. (j) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (k) Churches and accessory church buildings. (l) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter. Section 24. Section 41-603 (Area – Generally) of Chapter 41 of the SAMC is hereby amended to read as follows: City Council 25 – 17 9/16/2025 Ordinance No. NS-XXX Page 15 of 27 Sec. 41-603. - Area—Generally. (a) Any lot shown upon an official subdivision map duly approved by the city council and recorded in the office of the county recorder, or any lot for which a recorded contract of sale was in full force and effect prior to June 3, 1954, and the deed is so recorded in the office of the county recorder, may be used as a legal building site, subject to the conditions, limitations, and restrictions governing the district in which it is located. (b) The following exception to yard requirements shall be applied with res pect to all buildings, structures, and uses permitted in the A1, RE, R1, R2, R3, and P districts: Where forty (40) per cent or more of the lots along any block, excluding reverse corner lots and key lots, are developed with buildings, the required front yard for any new building or alteration to an existing building shall be not less than the arithmetical average of the front yards of said buildings. In computing said average front yard, main buildings situated entirely on the rear one-half (½) of any lot along said block shall not be included. Notwithstanding this subsection, no front yard shall be less than twenty (20) feet from a front property line. (c) In any commercial district, the front and side yards required for dwellings, apartments and hotels may be waived when such uses are erected above the ground floor of a building when said ground floor has no required front and side yard. Section 25. Section 41-1323 (Care Homes) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1323. - Residential care facilities. The minimum off-street parking requirements for residential care facilities are as follows: one (1) space for each three (3) beds. Section 26. Section 41-1324 (Lodging houses) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1324. - Reserved. Section 27. Article XXIII (Group Homes Facilities) of Chapter 41 of the SAMC is hereby added to read as follows: ARTICLE XXIII. – GROUP HOME FACILITIES Sec. 41-2400. - Purpose. This Article is intended to preserve the residential character of residential neighborhoods, avoid institutionalization of the disabled, and further the purposes of the California Fair Employment and Housing Act, the Federal Fair Housing Act Amendments of 1988, and the California Lanterman Development Disabilities Services Act by, among City Council 25 – 18 9/16/2025 Ordinance No. NS-XXX Page 16 of 27 other things: (1) allowing group homes in the City, subject to streamlined administrative approval; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing opportunities afforded to non-disabled individuals to use and enjoy a dwelling unit in a residential neighborhood; and (4) providing comfortable residential living environments that will enhance the opportunity for the disabled and for individuals recovering from addiction to be successful in their programs. Sec. 41-2401. - Applicability and permitted zones. (a) Permit required. No group home may be established or operated in the City without: (1) A Group Home Special Use Permit issued in accordance with Section 41- 2402 of this Chapter, if the group home has six or fewer occupants; or (2) A conditional use permit issued in accordance with Section 41-2403 of this Chapter and an Operator’s Permit issued in accordance with Article XXIII of Chapter 8 of the SAMC, if the group home has seven or more occupants. (b) Permitted zones. A group home with requisite permits issued in accordance with this Article may be established in the zoning districts provided in the table below. Group Home Type Zoning Districts A1 RE R1 R2 R3 R4 SDs/SPs** Small (6 or less occupants) P* P* P* P* P* P* P* Large (7 or more occupants) - - - CUP CUP CUP CUP P = permitted by right CUP = permitted subject to a conditional use permit * Subject to issuance of a Group Home Special Use Permit in conformance with applicable operational and development standards. ** Permitted (P) where single-family residential is a principally permitted use; CUP is required where multiple- family residential use is a principally permitted use; in zones where both single- and multiple-family use are principally permitted uses, a CUP shall be required. (c) As required by state or federal law, a residential care facility serving six or fewer persons is exempt from this Section, except that such facilities must comply with Section 41-2402(b)(15)(iii); and is considered a residential use of property and a single-family dwelling. Sec. 41-2402. – Administrative approval – Group Home Special Use Permit. (a) Consistent with Section 41-2401, no group home may be established or operated in the City without an administrative approval of a Group Home Special Use Permit issued in accordance with this Section. (b) Such group homes shall comply with the following requirements for issuance of a Group Home Special Use Permit: City Council 25 – 19 9/16/2025 Ordinance No. NS-XXX Page 17 of 27 (1) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property is required. (2) No group home may be established or operated on any lot that is within 650 feet, as measured from the closest property lines, from another group home. This standard shall not apply to group homes with six or fewer occupants located in the A1, RE, or R1 zoning districts that are not operating as a sober- living home. (3) The group home must have a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis, seven days a week, and who are responsible for the day-to-day operation of the group home. (4) If the dwelling unit has an accessory dwelling unit or junior accessory dwelling unit, occupants of all units on the property will be combined to determine whether or not the limit of six occupants has been exceeded. (5) A group home in no event shall have more than seven occupants, including the house manager. (6) The group home shall not be located in an accessory dwelling unit or junior accessory dwelling unit unless the primary dwelling unit is used for the same purpose. (7) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles, unless modified through the construction of an accessory dwelling unit or junior accessory dwelling unit in compliance with all applicable standards. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. (8) Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Hea lth and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22, California Code of Regulations. (9) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. (10) The property must be fully in compliance with all building codes, municipal code and zoning. (11) At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall: City Council 25 – 20 9/16/2025 Ordinance No. NS-XXX Page 18 of 27 i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the city's Homeless Services Division that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs (ii) and (iii) of this subsection and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the Group Home Special Use Permit for that facility, the operator shall comply with paragraphs (i) through (iv) of this subsection as soon as possible. (12) Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also: (i) Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home; (ii) Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or a residential care facility that has agreed to accept the occupant. (13) The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (11) and (12) of this section; provided, however, that nothing herein shall require an operator to violate any provision of state or federal law regarding confidentiality of health care information. The operator may not satisfy the obligations set forth in subsection (12) of this section by providing remuneration to the occupant for the cost of transportation. (14) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, City Council 25 – 21 9/16/2025 Ordinance No. NS-XXX Page 19 of 27 including, but not limited to, those provisions regulating licensure and parking, standing and stopping. (15) In addition to the regulations outlined above, the following shall also apply to sober-living homes: (i) All occupants, other than the house manager, must be actively participating in a certified or licensed recovery program, which may include, but is not limited to, Alcoholics Anonymous or Narcotics Anonymous, and the sober-living home must maintain current records of meeting attendance. Under the sober-living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. (ii) The sober-living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober-living home or by any individual recovering from an addiction either on or off site. The sober-living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober-living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober-living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. (iii) The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and does not violate the distance provisions set forth in Penal Code Section 3003. (iv) The sober-living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. (v) The sober-living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxio us behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager, owner or operator to follow when a neighbor complaint is received. City Council 25 – 22 9/16/2025 Ordinance No. NS-XXX Page 20 of 27 (vi) The sober-living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. (16) An applicant may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Sections 41-652 through 41-655 of the SAMC. (c) A copy of the Group Home Special Use Permit shall be kept at the group home at all times and be made available to any City official upon request. (d) The Planning and Building Agency Executive Director or designee will develop and adopt a standardized Group Home Special Use Permit application. Each Group Home Special Use Permit application must be submitted using the City’s application, accompanied by the appropriate filing fee. The applicant shall be responsible for paying any fees that have been established from time to time by the City Council to process the Group Home Special Use Permit at the time of submission of the application. (e) A Group Home Special Use Permit shall be issued by the Planning and Building Agency Executive Director or designee as a ministerial matter if the applicant is in compliance, or has agreed to comply, with this section. At least 10 days prior to issuing a Group Home Special Use Permit, the director shall cause written notice to be mailed to the owner of record and occupants of all properties within 500 feet of the location of the group home. Prior to issuance of the Group Home Special Use Permit, the director shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of this Section. The issuance of the Group Home Special Use Permit shall be denied upon a determination, and if already issued shall be denied or revoked by the director upon a public hearing, by the director that any of the following circumstances exist: (1) Any owner/operator has provided materially false or misleading information on the application or omitted any pertinent information; (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. (3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years); City Council 25 – 23 9/16/2025 Ordinance No. NS-XXX Page 21 of 27 ii. Arson offenses—Violations of Penal Code Sections 451— 455 (last seven years); iii. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or iv. The unlawful sale or furnishing of any controlled substances (last seven years). (4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the Fair Housing Amendments Act and Fair Employment and Housing Act. (6) A Group Home Special Use Permit for a sober-living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the Planning and Building Executive Director or designee that any of the following additional circumstances exist: i. Any owner/operator or staff person of a sober-living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety. ii. The owner/operator of a sober-living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. iii. The sober-living home, as measured by the closest property lines, is located within 650 feet of any other sober-living home or alcoholism or drug abuse recovery or treatment facility. If alcoholism or drug abuse recovery or treatment facility moves within 650 feet of an existing sober-living homes this shall not cause the revocation of the sober-living home’s permit or be grounds for denying a transfer of such permit. (7) For any other significant and/or repeated violations of this Section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (b)(11) through (14). (8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to Section 41-652 through 41-655. Sec. 41-2403. - Conditional use permit required. City Council 25 – 24 9/16/2025 Ordinance No. NS-XXX Page 22 of 27 In addition to meeting the requirements for approval of a Group Home Special Use Permit as contained in Section 41-2402, a conditional use permit for a group home with seven or more occupants or a residential care facility with seven or more occupants, where such uses are permitted subject to a conditional use permit , shall be required, subject to the following conditions: (a) The requirements of Division 3 of Article V of Chapter 41, Development Project Plan Approval, have been met. (b) The findings for granting a conditional use permit in accordance with subsection 41-638 are met. (c) The separation requirement in Section 41-2402(b)(2) may be reduced if the planning commission determines that such location will not result in an over - concentration of similar uses. Sec. 41-2404. - Existing group homes with six or fewer occupants - compliance. (a) Existing group homes must apply for a Group Home Special Use Permit within 90 days of the effective date of this Article. (b) Group homes that are in existence upon the effective date of this Article shall have one year from the effective date of this Article to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six-resident (6)- maximum. (c) Existing group homes obligated by a written lease exceeding one year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee. Sec. 41-2405. - Existing group homes with seven or more occupants – compliance. Group homes with seven or more occupants that are in existence upon the effective date of this Article may continue to operate subject to the following: (a) The operator obtains an Operator's Permit pursuant to Section 8-3600 et seq., within 120 days from the effective date of this Article; and (b) The group home is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one year from the effective date of this Article. Notwithstanding the foregoing, an existing group home subject to this Section obligated by a written lease exceeding one year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee . City Council 25 – 25 9/16/2025 Ordinance No. NS-XXX Page 23 of 27 Sec. 41-2406. - Conflict. If this Article conflicts with any other provision of this Code, this Article shall prevail. Sec. 41-2407. - Severability. Should any section, subsection, clause, or provision of this Article for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Article; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This Article shall be prospective in application from its effective date. Section 28. Article XXIII of Chapter 8 of the SAMC is hereby added to read as follows: Article XXIII. - GROUP HOMES Sec. 8-3600. - Operator’s Permit Required. It is unlawful for any person to operate, or to permit any person to operate a group home with seven (7) or more occupants on any property located in the city without a valid permit issued for that group home pursuant to the provision of this Article. (a) Each group home operator shall obtain an Operator’s Permit specific to the operator. (b) A copy of the Operator’s Permit shall be kept at the group home at all times and be made available to any City official upon request. (c) An Operator’s Permit is valid for one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business. (d) The Planning and Building Agency Executive Director or designee will develop and adopt a standardized Operator’s Permit application. Each Operator’s Permit application must be submitted using the City’s application, accompanied by the appropriate filing fee. The applicant shall be responsible for paying any fees that have been established from time to time by the City Council to process the Operator’s Permit at the time of submission of the application. (e) The Operator’s Permit shall be issued by the Planning and Building Agency Executive Director or designee if the applicant is in compliance with or has agreed to comply with the requirements of Section 41-2402(b) of Chapter 41. (f) In addition to denying an application for failing to comply or failing to agree to comply with the requirements of Section 41-2402(b) of Chapter 41, an Operator’s City Council 25 – 26 9/16/2025 Ordinance No. NS-XXX Page 24 of 27 Permit shall also be denied, and if already issued shall be revoked upon a hearing by the Planning and Building Agency Executive Director or designee under any of the following circumstances: (1) Any owner/operator has provided materially false or misleading information on the application or omitted any pertinent information . (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. (3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years); ii. Arson offenses—Violations of Penal Code Sections 451—455 (last seven years); iii. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or iv. The unlawful sale or furnishing of any controlled substances (last seven years). (4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the Fair Housing Amendments Act and Fair Employment and Housing Act. (6) An Operator's Permit for a sober-living home shall also be denied, and if already issued shall be revoked upon a hearing by the director, under any of the following additional circumstances: i. The owner/operator of a sober-living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. ii. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. City Council 25 – 27 9/16/2025 Ordinance No. NS-XXX Page 25 of 27 Sec. 8-3601. - Revocation. (1) Upon a hearing by the Executive Director of the Planning and Building Agency or designee, following written notice by certified mail at the last known mailing address or by such other method reasonably calculated to give notice to the operator, the Executive Director of the Planning and Building Agency or designee shall have the authority and duty to suspend or revoke any Operator’s Permit granted or issued under the provisions of this Chapter at any time based on Section 8-3600. Sec. 8-3602 - Transfer of ownership. (a) An Operator's Permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the Planning and Building Agency Executive Director or designee pursuant to the requirements of Section 8-3600(e). (b) An Operator's Permit may not be transferred to any other person or entity. No Operator's Permit issued pursuant to this article shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named therein. Sec. 8-3603 - Reapplication after denial or revocation. (a) An applicant for an Operator's Permit whose application for such an Operator's Permit has been denied may not reapply for such an Operator's Permit for a period of 180 days from the date such notice of denial was issued. (b) A holder of an Operator's Permit that has been cancelled, revoked or otherwise invalidated may not reapply for an Operator's Permit for a period of 180 days from the date that such revocation, cancellation or invalidation became final. Sec. 8-3604. Compliance A group home that is subject to the provisions of this Article that is in existence as of the effective date of this ordinance shall have 120 days to comply with the provisions of this Article. Sections 8-3605-8-3699. Reserved. Section 29. 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. City Council 25 – 28 9/16/2025 Ordinance No. NS-XXX Page 26 of 27 Section 30. The City Council of the City of Santa Ana hereby adopts an ordinance amending various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code pertaining to group homes and land use definitions in Chapter 41 of the SAMC. This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated August 19, 2025, and exhibits attached thereto; and the public testimony, all which are incorporated herein by reference. Section 31. This ordinance shall become effective thirty (30) days after its adoption. Section 32. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _______ day of ___________, 2025. _________________________ Valerie Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: _________________________ Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ City Council 25 – 29 9/16/2025 Ordinance No. NS-XXX Page 27 of 27 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, _____________________ , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ______________________ ________________________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 25 – 30 9/16/2025 Planning and Building Agency www.santa-ana.org/pb Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: A-Frame Sign Ordinance – Second Reading AGENDA TITLE Zoning Ordinance Amendment No. 2025-02 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to A-Frame Signs Legal notice published in the OC Reporter on August 20, 2025. RECOMMENDED ACTIONS 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 2025-02 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to A-frame signs; and ORDINANCE NO. NS-3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025-02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO A-FRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the August 19, 2025 meeting, the City Council conducted a first reading of an ordinance, Zoning Ordinance Amendment No. 2025-02, amending several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to A-frame signs. The ordinance, approved 7:0, requires a second reading and adoption to become effective on October 16, 2025. City Council 26 – 1 9/16/2025 ZOA No. 2025-02 (A-frame Sign Ordinance) September 16, 2025 Page 2 5 3 3 0 No changes to the ordinance were made by the City Council. A copy of the ordinance for second reading and adoption is attached to this report as Exhibit 1. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. The proposed ordinance allows certain temporary signage, only providing standards to regulate such signage and does not authorize any new development or cause changes in density or intensity of land use. FISCAL IMPACT There is no direct fiscal impact associated with this action. EXHIBITS 1. Ordinance for ZOA No. 2025-02 2. Public Works Agency A-Frame Sign Guidelines Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency Approved By: Alvaro Nuñez, City Manager City Council 26 – 2 9/16/2025 Ordinance No. NS-XXX Page 1 of 12 ORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2025-02— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO A-FRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(C)(2), 15060(c)(3) AND 15061(b)(3) WHEREAS, the City recognizes the value of local businesses and their need for effective advertising to attract customers and support economic vitality; and WHEREAS, A-frame signs, when properly regulated, can provide beneficial information to the public and enhance the character of commercial districts; and WHEREAS, on May 6, 2025, the City Council directed City staff to prepare an ordinance to permit the use of A-frame signs as commercial advertising for businesses within the City in order to allow additional marketing opportunities while addressing concerns related to public safety, pedestrian access, and the visual character of the community; and WHEREAS, Zoning Ordinance Amendment (ZOA) No. 2025-02 is consistent with the various goals and policies of the General Plan. Specifically, this action is consistent with Economic Prosperity (EP) Goal EP-1: Job Creation and Retention by supporting business attraction and retention (Policy EP-1.2 and EP-1.3), and Goal EP-2: Economic Base Diversity by encouraging small business development and entrepreneurship (Policy EP-2.6). Additionally, it aligns with Goal EP-3: Business-Friendly Environment by promoting a regulatory environment where businesses can thrive (Policy EP -3.1), and Goal EP-4: Economic Development Strategies by supporting the City’s commitment to economic growth through supportive policies and customer service (Policy EP -4.1); and WHEREAS, on July 14, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning ZOA No. 2025-02, at which time the Planning Commission recommended that the City Council adopt the proposed ordinance; and WHEREAS, on August 19, 2025, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: City Council 26 – 3 9/16/2025 Ordinance No. NS-XXX Page 2 of 12 Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. The proposed ordinance allows certain temporary signage, only providing standards to regulate such signage and does not authorize any new development or cause changes in density or intensity of land use. Section 3. Section 41-861 (Additional Regulations) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-861. – Additional regulations. No sign is permitted that: 1. Is temporary or special event flags, banners, festoons, flag canopies or other displays, except as permitted by a special event sign permit. 2. Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program. 3. Is an aerial or balloon type of sign, except as approved by a Regional Planned Sign Program pursuant to section 41-885 of this chapter. 4. Conflicts with standards established by resolution of the city council pertaining to the colors and materials of signs adopted for the purpose of promoting signage which is visually attractive and harmonious with its surroundings. 5. Duplicates or repeats copy on the same sign. 6. Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director. Section 4. Section 41-869 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-869. – A-frame signs. A-frame signs shall comply with all of the following standards and, when located in areas allowed within the public right-of-way, said signs shall also comply with the A-Frame Sign Type text here City Council 26 – 4 9/16/2025 Ordinance No. NS-XXX Page 3 of 12 Guidelines established by the Director of the Public Works Agency: (a) Number. No more than one (1) A-frame sign that advertises or identifies the business activity shall be permitted for each business establishment. (b) Location. (1) A-frame signs shall be placed within fifty (50) feet of the business establishment entrance when the A-frame sign is located on private property. (2) A-frame signs may only be placed in the public right-of-way when advertising a business establishment that occupies a building directly abutting the public right-of-way and there is no private property setback available to place the A-frame sign. (3) A-frame signs in the public right-of-way shall be placed directly in front of the structure containing, and within five feet, or as close as practicable, of the primary entrance of the business establishment to which the sign pertains. (4) A-frame signs shall not be placed in a manner that obstructs or impedes pedestrian or vehicular traffic, or impedes visibility of travelers, or blocks access to building entrances, fire hydrants, utility boxes, bus stops, or any other public amenity. i. A minimum width of four (4) feet of a clear pedestrian path shall be maintained on walkways, sidewalks, or other required pedestrian paths of travel, at all times, measured from the closest edge of the A -frame sign to any obstruction (e.g., building, planter, utility, street furniture, wheelchair ramp, driveway). ii. A-frame signs shall not be placed within twenty-four (24) inches of a curb face. iii. A-frame signs shall not be placed in any portion of a roadway intended for use or access by automobiles or bicycles, including vehicle travel lanes, bicycle lanes, parking spaces, driveways, loading zones, or alleys. iv. A-frame signs shall not be placed in a location which would restrict or inhibit passengers entering or exiting from any vehicle, including a fixed rail streetcar, bus or passenger automobile. v. A-frame signs on private property shall not be placed in triangular area(s) measured fifteen (15) feet by fifteen (15) feet where a driveway enters onto a street, or in any other area which may reduce the visibility of motorists. City Council 26 – 5 9/16/2025 Ordinance No. NS-XXX Page 4 of 12 vi. On corner lots, A-frame signs on private property shall not be placed closer than twenty-five (25) feet from the point of the intersection of the two property lines that abut the public right-of-way; or in the case of rounded corners, the point of intersection shall be measured from the intersection of the tangents to the curve. The tangents referred to are those at the beginning and at the end of the curve at the corners. vii. A-frame signs within the public right-of-way exceeding thirty (30) inches in height shall not be placed within the Limited Use Area of the Intersection Sight Distance standard plan as regulated by Section 33- 27 of this Code or prohibited areas as depicted in A-Frame Sign Guidelines established by the Director of the Public Works Agency, or related exhibits. (5) A-frame signs shall not be placed in a landscaped planter or parkways. (c) Size. (1) The height of an A-frame sign shall not be less than twenty-four (24) inches, and shall not be taller than thirty-six (36) inches. (2) The width of an A-frame sign (edge to edge) shall not exceed twenty-four (24) inches. (d) Design. (1) A-frame signs shall be constructed of durable, weather resistant materials (e.g., wood, metal) and maintained in good condition, free from peeling paint, rust, fading, or other damage. (2) A-frame signs shall be stable and weighted to prevent tipping, but shall not be permanently secured or affixed to the ground, sidewalk, walkway, facilities, or buildings. (3) A-frame signs shall not mimic or otherwise resemble any type of traffic control device, including but not limited to, in color, shape, symbol, reflectivity, or message. (4) A-frame signs shall not be, retroreflective, illuminated or supplied with power. (e) Time of Placement. (1) A-frame signs shall only be displayed during operating hours of the business establishment to which they pertain. (2) A-frame signs shall be removed and stored out of public view when the City Council 26 – 6 9/16/2025 Ordinance No. NS-XXX Page 5 of 12 business is closed. (3) A-frame signs within the public right-of-way shall be removed upon request of City staff, contractors or permittee pursuant to Sec 33-30.5, as required to clean, maintain, excavate, repair or replace the sidewalk or other improvements. Section 5. Section 41-872 (Other signs) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-872. – Other Signs (a) Directional signs. Directional signs not exceeding four (4) square feet in area and, if freestanding, a height of four (4) feet shall be allowed. Such directional sign shall contain only that information necessary for on-site circulation, parking and site information without any advertising. (b) Menu boards. Menu boards on the interior driveways of drive-through facilities shall not exceed seven (7) feet in height and sixty (60) square feet in area. Speakers shall face away from residential property. No more than two (2) menu boards per drive-through shall be permitted. (c) Window signs. No permanent sign affixed to or incorporated into an exterior window shall exceed twenty-five (25) per cent of each window area. (d) Awning signs. No sign affixed to or incorporated into an awning shall exceed ten (10) per cent of the awning elevation. (e) Construction signs. One (1) unlighted construction sign is permitted per street frontage per job site and shall not exceed six (6) square feet in any residential zone or thirty-two (32) square feet in all other zones, and shall contain no more than the name of the project and the names and addresses of the contractors, architects, engineers, landscape architect, financing company or developer. Such sign shall be removed within thirty (30) days of building permit final approval or issuance of a certificate of occupancy for the project. (f) Service station signs. Signs for service stations shall comply with the provisions of this article for freestanding and wall signage and shall include signs required by law, but shall not exceed the minimums set by law subject to sign placement requirements and review as set forth in this part. In addition, the following signage is permitted: (1) Island canopies. One (1) sign per street frontage shall be permitted. Canopy signage shall not exceed twenty (20) square feet in area. Canopy sign copy shall be limited to business name and logo only. Signage may be internally illuminated. City Council 26 – 7 9/16/2025 Ordinance No. NS-XXX Page 6 of 12 (2) Spandrel signs or canopy support signs. The signs shall not exceed twenty (20) per cent of the spandrel area. The spandrel sign copy shall be limited to business name and logo only. Spandrel signage may be internally illuminated. (3) Pump or dispenser signs. Pump or dispenser signs shall be limited to business or fuel identification, operational instructions, and state required information. (4) Convenience signs. Signage designated to assist customers, such as "Please Pull to Forward Pumps" or "Please Pay Cashier Before Pumping Gas" shall be architecturally integrated with the structure to which it is being applied and not exceed four (4) square feet in sign area. (g) Signs over public right-of-way. No sign, except A-frame signs consistent with and regulated by Section 41-869 of this Chapter, shall extend over the public right- of-way, except signs on a marquee, canopy or awning which shall project no closer than two (2) feet from a curb. (h) Exterior telephones. (1) To maintain an image of professionalism, side panels on pay phones must relate solely to phone identification and/or the business name or logo of the pay phone company provider. No advertising of products, services or special events are allowed. Side panels must be composed of materials which allow for cleaning and removal of graffiti without deterioration of color or surface appearance of the enclosure. Service providers will be responsible for keeping side panels clean and free of graffiti. All enclosures at a location must be of the same type with side panels of the same color. All enclosures must be U.L. listed and all light fixtures operational if units are wired for lighting. Vandalized enclosures/side panels requiring repairs must be replaced within one (1) business day of notification to the se rvice provider. (2) Signage indicating the location of a pay phone may not be placed on the site or extend above the phone cabinet unless deemed necessary due to public safety concerns as determined by the chief of police. In such instances, said signage is limited to the international telephone symbol. (3) Phone identification attached to a building or structure is not permitted. (4) Phones may not be used to advertise on- or off-site business activities. Section 6. Section 41-1000 (General) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1000. – General. The words and phrases used in this article shall be construed as defined in this City Council 26 – 8 9/16/2025 Ordinance No. NS-XXX Page 7 of 12 division, unless the context clearly required otherwise. Unless specifically defined in this article, the definitions set forth in other provisions of this Code shall likewise apply to this article. (1) A-frame sign: A portable, self-supporting sign, also known as a sandwich board sign, typically constructed in an "A" or inverted "V" shape and consists of two flat surfaces joined at the top, designed to be placed on the ground and capable of being easily moved or relocated. (2) Aerial sign: A free floating balloon, kite, or similar object not directly secured to property within the city. (3) Alter: To change the copy, color, size, shape, illumination, position, location, construction or supporting structure of a sign, not including ordinary maintenance. (4) Area of a sign: The entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of writing, representation, logo, or any figure of similar character, together with any frame, background area, structural trim, or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The supports or uprights on which any such sign is supported shall not be included in determining the sign area. The area of signs with two (2) faces shall be considered to be the area of the largest face. The area of signs with three (3) or more faces shall be considered to be the area of the largest face or one-half (½) the area of all of the faces, whichever is less. (5) Awning sign: A sign affixed to or imprinted on a temporary shelter composed of nonrigid material on a supporting framework, affixed to the exterior wall of a building. (6) Business activity: An enterprise offering goods, services, or other consideration to the public, in legal occupancy of a site or of a specific portion of a site and under separate and distinct management from any other enterprise located on the same site. (7) Business frontage: The horizontal dimension of a building or individual business elevation measured at ground level. (8) Canopy sign: A sign affixed to any permanent architectural projection extending over a door, entrance, window, or outdoor service area. (9) Changeable copy sign: A sign or portion thereof which copy is changed manually or electrically, such as readerboards and electronic message boards, without altering the face or surface. (10) Construction sign: A sign at the site of a construction project which identifies the project and/or the persons or firms involved in it. (11) Directional sign: A sign erected for the purpose of facilitating or controlling the City Council 26 – 9 9/16/2025 Ordinance No. NS-XXX Page 8 of 12 efficient and safe movement of pedestrians or vehicles on private property and containing only directional information and no advertising. (12) Elevation: The visible vertical plane of the side of a building from ground level to the roof line. (13) Elevation, primary: The side of a building directly abutting either a street or a parking area. A business owner may choose which elevation is considered the primary elevation, except that in a multitenant building the elevation which is contiguous to other businesses shall be the primary elevation. (14) Elevation, secondary: Any elevation of a building not determined to be a primary elevation. (15) Flag canopy: A line of flags, or a series of lines of flags, suspended above a site. (16) Freestanding sign: A sign standing directly on the ground that is independent from any building or other structure. (17) Frontage: The length of a property line along the street that forms its boundary. (18) Frontage, primary: A frontage which is either abutting a major arterial or is longer than other frontages on lots having two (2) or more frontages. (19) Frontage, secondary: On a lot with frontage on two (2) or more streets, all frontages except that frontage designated as the primary frontage. (20) Gross leasable space: A single leasable space regardless of number of tenants or leases within the space. (21) Height of sign: The overall height of the sign above the top of the curb grade. (22) Illegal sign: A sign which does not conform to the requirements and standards of this article and which is not a nonconforming sign as hereinbelow defined. (23) Implied sign program: The predominant pattern of signs within a commercial center which does not have an adopted sign program. (24) Incidental sign: A sign conveying information that includes, but is not limited to, hours of operation, delivery information, credit cards accepted, and open/closed signs. (25) Integrated development site: Any commercial site, regardless of the number of lots or individual tenants, that is developed with common parking, layout, architecture or design features. (26) Item of information: A word, figure, logo, abbreviation, or other symbolic representation. City Council 26 – 10 9/16/2025 Ordinance No. NS-XXX Page 9 of 12 (27) Logo: A design of letters or symbols used as a trademark or for identification in lieu of, or in conjunction with, other signs. (28) Lot line: A line that separates two (2) lots. (29) Marquee sign: A sign affixed to a permanent projection extending from the building or beyond the wall of the building. (30) Monument sign: A freestanding low profile sign with the sign width greater than the sign height and designed with a solid base and background. (31) Multitenant development: A development consisting of three (3) or more leasable spaces. (32) Noncommercial sign: A sign which is not any of the following: a. A sign which is designed to promote the sale, lease, or exchange of goods, services, or property. b. A sign which is designed to identify or attract attention to any place which sells, leases, or exchanges goods, services, or property. c. A sign which is designed to identify or attract attention to any church or other place of worship, club, nonprofit facility, governmental office or facility, or other such place where a person, group of persons or organization is engaged in any activity involving interaction with the general public or a significant portion thereof, whether for income purposes or not. d. A directional sign. e. A construction sign. (33) Nonconforming sign: Any sign which at one time conformed to all applicable requirements and standards of this chapter, including all applicable permit requirements, but which subsequently ceased to so conform due to changes in such requirements and standards. (34) Painted sign: A sign painted directly on a building or on material which is then attached to a building. (35) Parapet: A protective wall or barrier projecting above any canopy, balcony, or roof. (36) Permanent sign: A sign constructed of weather-resistant material and intended for permanent use. City Council 26 – 11 9/16/2025 Ordinance No. NS-XXX Page 10 of 12 (37) Projecting sign: A sign attached to a building with the face not parallel to the vertical surface of the building. (38) Raceway: A conduit to house electrical wires for signs and used to support and/or affix signage on a wall. (39) Real estate sign: A temporary sign pertaining to the sale, lease, or rental of land and/or buildings. (40) Roof line: The uppermost edge of the roof or the top of the parapet, excluding mechanical equipment screens, whichever is highest. Where a building has several roof levels, the roof line shall be the one belonging to that portion of the building on which the sign is located. (41) Roof sign: A sign which has a point of attachment to the roof of a building. Architectural projections, including mechanical equipment screens, above any parapet or roof line whose sole function is a background for signs shall be considered a sign structure. A sign on such an architectural projection shall be considered a roof sign. (42) Sign: Letters, figures, symbols, trademarks, or logos, with or without illumination, intended to identify any place, subject, person, firm, business, product, article, or merchandise. A sign includes all parts, materials, frames, and backgrounds. (43) Signable area: The area of the largest rectangular portion of a face of a building to which a sign is affixed or proposed to be affixed, which can be included within parallel, vertical and horizontal lines u ninterrupted by significant architectural features of the building. (44) Site: A unit of land, together with all improvements thereon, determined as follows: a. A unit of land which may be conveyed separately from any and all adjacent land without the requirement of approval of a tentative map pursuant to the Subdivision Map Act and Chapter 34 of this Code. b. Two (2) or more buildings or business activities that are or will be related to each other physically or architecturally, such as by sharing off-street parking facilities, so as to form an integrated development, such as a shopping center, industrial park or office complex. (45) Special event sign or display: Signs or advertising displays or combination thereof which advertise or attract public attention to a special one-time event, the opening of a building or business activity, the sale or goods or services at discounted or otherwise specially advantageous prices, or similar event; but excluding signs pertaining to the sale, lease or rental of real estate. City Council 26 – 12 9/16/2025 Ordinance No. NS-XXX Page 11 of 12 (46) Temporary sign: Any sign that is used only temporarily and is not permanently mounted. (47) Under-canopy sign: A sign that is suspended below a canopy or marquee perpendicular to the nearest elevation. (48) Unshielded lighting: An external illumination source which is exposed to view. (49) Wall sign: A sign which is attached parallel to or painted on a wall, including parapet or canopy fascia, or a building. (50) Width of sign: The total horizontal dimension of a sign, including all frames or structures. (51) Window sign: A sign that is attached to or is intended to be seen in, on, or through a window and is visible from the exterior of the window. Section 7. 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 8. This ordinance shall become effective thirty (30) days after its adoption. Section 9. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2025. Valerie Amezcua Mayor City Council 26 – 13 9/16/2025 Ordinance No. NS-XXX Page 12 of 12 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant 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 the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana City Council 26 – 14 9/16/2025 City of Santa Ana Public Works Agency Phone: (714) 647-5039 A-Frame Guidelines Santa Ana Municipal Code Chapter 41; Sections: 41-861, 41-869, 41-872, 41-1000 and Ordinance No. NS-XXXX establish guidelines for the placement of A-frames within the City. City Council 26 – 15 9/16/2025 Public Works Agency’s Right-of-Way A-Frame Guidelines These Guidelines combine the City of Santa Ana’s Municipal Code Section 41-869 (“SAMC”) with the Public Works Agency’s (PWA’s) requirements for A-Frame sandwich boards (“A-frames”) placed on public sidewalks (see Example 1). A permit is not required for A- frames that meet all SAMC and PWA’s requirements as combined into these Guidelines and presented in this information document. 1. A-Frames shall be no taller than three* (3*) feet and no wider than two (2) feet and may only be placed: a. On streets with four or fewer regular vehicular through lanes and a posted speed of 35 mph or less and where the public sidewalk is at least *eight (*8) feet wide. (*If the public sidewalk is at least six (6) feet wide, the maximum A-Frame height shall be thirty (30) inches and all other requirements in these guidelines and the ordinance shall be met .) b. Directly adjacent to and within the sidewalk fronting the business establishment a minimum distance “X” (Table 1) away from the corner of the building as shown in Figure 1, *and if A-Frames are no taller than thirty (30) inches, they may be placed in either the green or yellow (limited use) areas shown in Figure 1. c. Within five (5’) or as close as practicable to the primary, front entry of the business establishment. d. Where there will be a minimum four (4’) foot wide pedestrian travel path between the edge of the A-frame and any other existing obstruction or street furniture, including, but not limited to poles/posts, cabinets, benches, shelters, railings, kiosks, etc. e. Where the business establishment does not have a private property setback without a practical building recess or alcove area to place an A-Frame. f. During business operational hours and shall be remo ved immediately after business hours to a location no longer in public view. Figure 1 Table 1 Example 1 2. A- Frames shall: a. Be constructed of durable, weather-resistant materials (e.g. wood, metal), and maintained in good condition, free from flaking paint, rust, fading, or other damage. b. Be stable and weighted to prevent tipping. c. Not mimic or otherwise resemble any type of traffic control device, including, but not limited to, in color, shape, symbol, r eflectivity, or message. d. Not be retroreflective, illuminated or supplied with power. 3. A-frames shall not be placed where: a. Prohibited in these Guidelines or SAMC Section 41-869. b. Placing the A-frame would result in a less than a four (4) foot accessible and clear pathway at all times. c. Within two (2) feet of the street’s curb face. d. Where the visibility of travelers is obstructed. e. Any landscaped public parkway, planter, tree-well, divider, or street median. f. Any alley, driveway/driveway approach, bikeway, railway line, loading zone, street vehicular travel or parking lane g. It could obstruct or impede pedestrian or vehicular traffic, or block access to building entrances, fire hydrants, utility boxes, streetcar or bus stops, or any other public amenity. 4. Additional guidelines: a. An individual business establishment shall not place no more than one A-frame within the public right-of-way frontage. b. A-frames shall not be attached to any existing facility, surface, utility, or building and shall be removable at all times and shall be removed at the end of each business day. c. A-Frames within the public right-of-way shall be removed upon the request of City staff, contractors or permittee pursuant to Chapter 33 of the SAMC, as required to clean, maintain, excavate, repair, or replace the sidewalk or other improvements. 5. Hold Harmless Clause: By placing an A-frame, the business owner promises and agrees to comply with all applicable regulations , guidelines and that the City, it’s employees, agents and volunteers shall not be held responsible or liable for any claims resulting from A-frame placements. Posted Speed (MPH) X Distance 25 20 30 25 35 35 Allowable A-Frame City Council 26 – 16 9/16/2025 Community Development Agency www.santa-ana.org/cd Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Consolidated Annual Performance and Evaluation Report for FY 2024-25 AGENDA TITLE Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. RECOMMENDED ACTION Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25 to the U.S. Department of Housing and Urban Development (HUD). GOVERNMENT CODE §84308 APPLIES: No COMMUNITY DEVELOPMENT COMMISSION At its Regular Meeting on August 27, 2025, the Community Development Commission held a public hearing to receive resident and stakeholder comments on the Fiscal Year 2024-25 Consolidated Annual Performance and Evaluation Report. No comments were received during the meeting. The Community Development Commission recommended approval of the FY 2024-25 Consolidated Annual Performance and Evaluation Report to the City Council by a vote of 5:0 (Adame absent). DISCUSSION As part of the Five-Year Consolidated Plan process, HUD requires the City to submit a Consolidated Annual Performance and Evaluation Report (“CAPER”) (Exhibit 1). The CAPER describes the activities and accomplishments for the three federal entitlement grants during the past Fiscal Year (Community Development Block Grant (“CDBG”), Emergency Solutions Grant (“ESG”), and HOME Investment Partnerships Program (“HOME”)). The Annual Action Plan serves as the blueprint for how entitlement funds will be spent to advance the broader strategies outlined in the Consolidated Plan, while the CAPER looks back to evaluate how well the City met those commitments. Fiscal Year 2024-25 is the fifth year covered by the July 1, 2020 through June 30, 2025 Five- City Council 27 – 1 9/16/2025 Consolidated Annual Performance and Evaluation Report for FY 2024-25 September 16, 2025 Page 2 5 3 1 3 Year Consolidated Plan. In addition to detailing the projects and initiatives carried out during the past Fiscal Year, the CAPER evaluates the City’s progress toward the five-year goals and objectives established in the Consolidated Plan. This includes both quantitative benchmarks and qualitative outcomes to ensure accountability and transparency in the use of federal resources. The Fiscal Year 2024-25 CAPER marks the fifth and final report under the current Consolidated Plan cycle and provides a cumulative reflection on the City’s success in advancing community development, affordable housing, and homelessness prevention priorities over the past five years. The following table highlights accomplishments achieved during Fiscal Year 2024-25 with funding from the CDBG, ESG, and HOME Programs: General Activity Accomplishments Capital Improvements •1,780 residents were assisted through the improvements of neighborhood facilities, parks and recreation facilities, and street improvements. Specifically, several streets were rehabilitated/reconstructed in the Heninger Neighborhood. Economic Development •Provided 14 small business incentive grants to small businesses. The CDBG Microenterprise program's primary purpose is to foster economic development by assisting businesses with five or fewer employees, aiming to create or retain permanent jobs for low- to moderate-income (LMI) individuals. Funds can support entrepreneurial training, technical assistance, working capital, and other services to help these small businesses start or expand, thereby creating economic opportunities principally for people of low- and moderate-income •Eligible small businesses each received between $2,500 to $5,000. Public Services •Provided a total of $721,209 for 16 nonprofit organizations to administer 16 programs and served a total of 2,031 persons. •America on Track, Delhi Center, Neutral Ground, and Orange County Children’s Therapeutic Arts Center, specifically, provided youth services that included tutoring, education, recreation, fitness, a classical music program, and gang prevention. •Templo Calvario provided youth and family services that included financial empowerment, education, leadership, and financial workshops. •Community Legal Aid SoCal, Lutheran Social Services of Southern California, and Human Options provided City Council 27 – 2 9/16/2025 Consolidated Annual Performance and Evaluation Report for FY 2024-25 September 16, 2025 Page 3 5 3 1 3 criminal record expungement and domestic violence services that included housing and legal services. •Community Health Initiative of Orange County, Straight Talk Clinic Inc., MOMS Orange County, Neutral Ground, and Radiant Health Services, provided access to medical and mental health, and social service programs by conducting outreach, education, and enrollment. •Stand up for Kids, Project Hope Alliance, and WISEPlace provided affordable housing and homelessness services. Affordable Housing •The WISEPlace Permanent Supportive Housing project located at 1411 N. Broadway completed construction. This project was made possible with $5,256,327 in HOME-American Rescue Plan funds. This rehabilitation project repurposed an existing L-shaped building into a 31,428-square-foot permanent supportive housing development. It includes 47 studio units designated for extremely low-income individuals experiencing chronic homelessness, with 14 units specifically reserved for those living with mental illness under the Mental Health Services Act. Additionally, a two-bedroom manager’s unit is incorporated, and onsite supportive services are provided by WISEPlace staff and the Orange County Health Care Agency. •The Crossroads at Washington affordable housing project located at 1126, 1136, and 1146 E. Washington Avenue completed construction. This project was made possible with $3,008,576 in HOME Program funds and $1,637,420 in Neighborhood Stabilization Program funds. The project is an 86-unit multi-family residential complex totaling approximately 69,400 square feet (sf) of residential and community building space on an approximately 2.3-acre site. Code Enforcement •A total of $825,000 was allocated to the City’s Code Enforcement Department to partially fund Code Enforcement staff salaries for providing enforcement services in CDBG-eligible areas. Code Enforcement staff continued their diligent efforts, significantly improving residents' quality of life by reducing and eliminating housing-related life safety issues. These accomplishments were achieved through collaboration with tenants and property owners, leveraging the California Health and Safety Code, city-adopted municipal codes, and CDBG initiatives. •Code Enforcement staff responded to and addressed 4,172 complaints in CDBG residential areas between July City Council 27 – 3 9/16/2025 Consolidated Annual Performance and Evaluation Report for FY 2024-25 September 16, 2025 Page 4 5 3 1 3 The CAPER is a draft and reflects the data available in HUD’s system as of August 19, 2025. Performance information from the fourth quarter, ending September 30, is not yet available and will be incorporated into the final CAPER that will be submitted to HUD. As a result, several tables in the draft CAPER remain blank. To ensure compliance with the statutory submission deadline of September 30, we are requesting City Council’s approval in advance and to allow staff to update the tables after approval. The final CAPER will include the complete fourth quarter data, and all tables will be updated to fully demonstrate the City’s progress toward the objectives outlined in the Five-Year Consolidated Plan. FISCAL IMPACT There is no fiscal impact associated with this item. EXHIBIT(S) 1. Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25 2. Proof of Publication Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager 1, 2024 through June 30, 2025. These complaints covered 4,036 residential properties, of which 1,639 were single-family residences and 2,533 multi-family residences within CDBG-eligible deteriorating and deteriorated areas. •Code Enforcement staff issued 174 Notices of Violation, 160 Notices and Orders, and 5,736 Administrative Citations involving residential housing. As a result of these efforts, property owners have made approximately $3,427,854 in repairs and upgrades encompassing 481 permits. Homeless Services (ESG) •Provided assistance to 271 persons through Street Outreach, Homeless Prevention, Rapid Re-housing, or Shelter. City Council 27 – 4 9/16/2025 Consolidated Annual2024 Performace Evaluation Report Building, buying, and/or rehabilitating affordable h ousing. Developing viable urban communities. Improving the number and quality of emergency shelter s for homeless individuals and families. CITY OF SANTA ANA Community Development Agency EXHIBIT 1 City Council 27 – 5 9/16/2025 CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The 2024 Consolidated Annual Performance and Evaluation Report (CAPER) covers the period of July 1, 2024 through June 30, 2025 and reports on completed projects in the 2024 program year. This CAPER is the fifth of the 2020-2024 Consolidated Plan. For the 2024 program year, the City followed its allocation strategy by funding public services, public facilities, affordable housing projects, homeless related projects, and fair housing services to address unmet community needs. As part of this CAPER process, the City conducted a 15-day public review and comment period from September 5 to September 19, 2025 and held a public hearing on September 18, 2025 to obtain further public comment on this report. Accomplishments in addressing the priority needs include: Affordable Housing Development, Maintenance & Preservation- Efforts to increase affordable housing include committing HOME, CDBG, Project-Based Vouchers, Inclusionary Housing, and Housing Successor Agency funds for aquisition, construction, rehabilitation and provision of affordable rental and ownership housing. Code Enforcement - Community preservation efforts continue in deteriorated and deteriorating areas to preserve the City's aging housing stock. In FY 2024 Code Enforcement funds were used to respond to complaints covering residential properties within the CDBG eligible deteriorating and deteriorated areas. During the program year, the City issued a total of 4172 violations to single and multi-family units. Code Enforcement staff also issued 174 Notices of Violation, 160 Notice and Orders, and 5736 Administrative Citations involving residential housing. As a result of these efforts, property owners have made approximately $3,427,854 in repairs and upgrades encompassing 481 permits. Public Facilities & Infrastructure - A total of two capital improvement projects were completed which included one residential street improvement. Public Service Programs - Public Services funded by the City during the report period were aimed at assisting low to moderate-income households. A total of 16 activities were funded to assist homeless, seniors, youth and families through a variety of programs. A total of 2031 persons were served. Economic Development – CDBG funds were allocated to support workforce training and development and business assistance via training, EXHIBIT 1 City Council 27 – 6 9/16/2025 CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) technical assistance and general support. A total of 14 micro enterprise businesses were served. Fair Housing Services - To affirmatively further Fair Housing, the City continues to provide CDBG funds to Orange County Fair Housing Council. HOME Program– In the 2024-2025 fiscal year, the City of Santa Ana advanced its efforts to promote homeownership and maintain compliance with the HOME Investment Partnerships Program. In 2024, the City issued a Request for Proposals (RFP) to enhance access to affordable housing, resulting in three submissions currently under review for potential funding. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Affordable Housing Development & Maintenance Affordable Housing CDBG: $ / HOME: $ Rental units constructed Household Housing Unit 40 86 215.00% 0 86 Affordable Housing Development & Maintenance Affordable Housing CDBG: $ / HOME: $ Rental units rehabilitated Household Housing Unit 60 0 0.00% Affordable Housing Development & Maintenance Affordable Housing CDBG: $ / HOME: $ Homeowner Housing Added Household Housing Unit 10 0 0.00% EXHIBIT 1 City Council 27 – 7 9/16/2025 CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing Development & Maintenance Affordable Housing CDBG: $ / HOME: $ Homeowner Housing Rehabilitated Household Housing Unit 40 0 0.00% 12 0 0.00% Affordable Housing Development & Maintenance Affordable Housing CDBG: $ / HOME: $ Direct Financial Assistance to Homebuyers Households Assisted 12 0 0.00% Affordable Housing Development & Maintenance Affordable Housing CDBG: $ / HOME: $ Housing for Homeless added Household Housing Unit 0 0 0 0 Code Enforcement Affordable Housing CDBG: $ Housing Code Enforcement/Foreclosed Property Care Household Housing Unit 15000 0 0.00% 2500 0 0.00% Economic Development Programs Non-Housing Community Development CDBG: $ Businesses assisted Businesses Assisted 25 10 40.00% 0 10 Economic Development Programs Non-Housing Community Development CDBG: $ Other Other 0 0 16 0 0.00% Homeless Services and Facilities Homeless ESG: $ Tenant-based rental assistance / Rapid Rehousing Households Assisted 150 0 0.00% 25 0 0.00% Homeless Services and Facilities Homeless ESG: $ Homeless Person Overnight Shelter Persons Assisted 1000 0 0.00% 150 0 0.00% EXHIBIT 1 City Council 27 – 8 9/16/2025 CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Homeless Services and Facilities Homeless ESG: $ Overnight/Emergency Shelter/Transitional Housing Beds added Beds 50 0 0.00% Homeless Services and Facilities Homeless ESG: $ Homelessness Prevention Persons Assisted 175 0 0.00% 35 0 0.00% Homeless Services and Facilities Homeless ESG: $ Housing for Homeless added Household Housing Unit 400 0 0.00% Program Administration & Fair Housing Services Affordable Housing Public Housing Homeless Non- Homeless Special Needs Non-Housing Community Development CDBG: $ / HOME: $ / ESG: $33544 Other Other 5 0 0.00% 1 0 0.00% Public Facilities & Infrastructure Non-Housing Community Development CDBG: $ Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 0 1780 4500 1780 39.56% Public Facilities & Infrastructure Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 10000 0 0.00% EXHIBIT 1 City Council 27 – 9 9/16/2025 CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Public Service Programs Non- Homeless Special Needs Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 10000 2031 20.31% 2500 2031 81.24% Public Service Programs Non- Homeless Special Needs Non-Housing Community Development CDBG: $ Homeowner Housing Rehabilitated Household Housing Unit 0 0 0 0 Public Service Programs Non- Homeless Special Needs Non-Housing Community Development CDBG: $ Homeless Person Overnight Shelter Persons Assisted 0 0 0 0 Public Service Programs Non- Homeless Special Needs Non-Housing Community Development CDBG: $ Overnight/Emergency Shelter/Transitional Housing Beds added Beds 0 0 0 0 Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, EXHIBIT 1 City Council 27 – 10 9/16/2025 CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) giving special attention to the highest priority activities identified. EXHIBIT 1 City Council 27 – 11 9/16/2025 CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME White 666 0 Black or African American 34 0 Asian 10 0 American Indian or American Native 4 0 Native Hawaiian or Other Pacific Islander 1 0 Total 715 0 Hispanic 583 0 Not Hispanic 132 0 Describe the clients assisted (including the racial and/or ethnicity of clients assisted with ESG) HESG American Indian, Alaska Native, or Indigenous 0 Asian or Asian American 0 Black, African American, or African 0 Hispanic/Latina/e/o 0 Middle Eastern or North African 0 Native Hawaiian or Pacific Islander 0 White 0 Multiracial 0 Client doesn't know 0 Client prefers not to answer 0 Data not collected 0 Total 0 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative In FY2023, CDBG, HOME and ESG resources provided assistance to residents through an array of programs. The race and ethnicity of these individuals are summarized above. EXHIBIT 1 City Council 27 – 12 9/16/2025 CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal HOME public - federal ESG public - federal Table 3 - Resources Made Available Narrative The City of Santa Ana expended a total of $x,xxx,xxx.xx during the 2024 program year. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 100 Citywide Table 4 – Identify the geographic distribution and location of investments Narrative EXHIBIT 1 City Council 27 – 13 9/16/2025 CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as w ell as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year 0 2. Match contributed during current Federal fiscal year 0 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0 4. Match liability for current Federal fiscal year 0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report EXHIBIT 1 City Council 27 – 14 9/16/2025 CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non-Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at begin-ning of reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ 0 0 0 0 0 Table 7 – Program Income EXHIBIT 1 City Council 27 – 15 9/16/2025 CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Dollar Amount 0 0 0 0 0 0 Number 0 0 0 0 0 0 Sub-Contracts Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women Business Enterprises Male Contracts Dollar Amount 0 0 0 Number 0 0 0 Sub-Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 – Minority Owners of Rental Property EXHIBIT 1 City Council 27 – 16 9/16/2025 CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0 Households Displaced Total Minority Property Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10 – Relocation and Real Property Acquisition EXHIBIT 1 City Council 27 – 17 9/16/2025 CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 30 0 Number of Special-Needs households to be provided affordable housing units 0 0 Total 30 0 Table 11 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 25 0 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 25 0 Number of households supported through Acquisition of Existing Units 0 0 Total 50 0 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. Discuss how these outcomes will impact future annual action plans. Include the number of extremely low-income, low-income, and moderate-income persons EXHIBIT 1 City Council 27 – 18 9/16/2025 CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 0 0 Low-income 0 0 Moderate-income 0 0 Total 0 0 Table 13 – Number of Households Served Narrative Information EXHIBIT 1 City Council 27 – 19 9/16/2025 CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Santa Ana prioritizes effective, targeted, and safe outreach to individuals experiencing homelessness to support these individuals in identifying resources and establishing pathways to safe and sustainable housing. The City has outreach staff regularly working and interfacing with individuals experiencing homelessness to provide assistance and support in enrolling in shelter and/ or seeking other services. During the 2024-2025 Program Year, the City of Santa Ana worked towards the following objectives: 1. Prioritized street outreach through Quality of Life Teams 2. Preserved existing and increase the supply of permanent supportive housing 3. Preserved existing and increase the supply of affordable housing 4. Provided housing services and assistance to special needs populations 5. Improved critical services to low-income and special needs populations 6. Coordinated services within the City as well as regionally in collaboration with the Continuum of Care 7. Collaborated with all communities in Orange County to address homelessness with coordinated, regional approaches Addressing the emergency shelter and transit ional housing needs of homeless persons The ESG funded programs provided Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services. The City targeted actions to addres the needs of individuals who are homeless that includes unaccompanied women, victims of domestic violence, chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. The range of services include emergency shelter, transitional housing and permanent supportive housing. ESG funds provided assistance for street outreach services, homeless prevention and rapid re- housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs EXHIBIT 1 City Council 27 – 20 9/16/2025 CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Through the objective summarized above in the Outreach section, the City strives to help individuals and families from becoming homeless. The ESG program funds Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services. Additionally, the County of Orange is equipped to serve people discharged from publicly funded institutions or systems of care such as health care facilities or correction programs. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals an d families who were recently homeless from becoming homeless again The City supported a number of programs to assist low-income individuals and families to avoid becoming homeless, including Section 8 Housing Choice vouchers. Other support services, such as job and training assistance, food assistance, and counseling are also available to help individuals recover from homelessness and to avoid becoming homeless. The City worked closely with the Continuum of Care who provided oversight for the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) to prioritize the most vulnerable chronically homeless individuals. Case management services were offered in all programs to help prevent individuals from falling back into homelessness. EXHIBIT 1 City Council 27 – 21 9/16/2025 CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing N/A – The City does not have any public housing. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership N/A – The City does not have any public housing. Actions taken to provide assistance to troubled PHAs N/A – The City does not have any public housing. EXHIBIT 1 City Council 27 – 22 9/16/2025 CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The 2020–2024 Consolidated Plan identified several barriers to the development of affordable housing including the following:  Limited funding sources, financial costs, and the costs of development.  Market constraints primarily the availability, cost, and competition for land.  Available land in the City mostly consists of small parcels that must be assembled for significant new construction projects. Relocation costs and housing replacement requirements for redeveloping improved properties also presents barriers to the development of affordable housing.  The region’s rents have continued to increase. Higher rents limited the ability of some lower income households to obtain decent and affordable housing. Households with no or poor credit history are severely impacted. In an effort to mitigate these barriers, Santa Ana undertook the following actions during the report period:  Construction of new rental and homeownership units  Rehabilitation and/ or preservation of existing rental units  Homeowner rehabilitation programs for low- and moderate-income households Through the City’s compliance with AB 1486 (Surplus Lands Act) as well as a constant monitoring of state land made available through Executive Order N-06-19, the City will look to identify potential parcels of underutilized land that can be leveraged for potential affordable housing development.  Continued to enforce the City’s inclusionary housing ordinance in which new residential projects that meet the specified criteria must provide: 1) if the new residential project consists of units for sale, then a minimum of 10% of the total number of units in the project shall be sold to moderate income households; 2) If the new residential project consist of rental units, a minimum of 15% of the units shall be rented to low income households, or 10% rented to very low income households; or 3) the developer may elect to satisfy these requirements for the project by payment of a fee in lieu of constructing some or all of the affordable units. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Based on the 2024 Point in Time Count and Survey, there are 1,428 individuals experiencing EXHIBIT 1 City Council 27 – 23 9/16/2025 CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) homelessness in the County, with 278 in the City of Santa Ana. This is a decrease of 19.28% in unsheltered and sheltered homeless population in Santa Ana since 2019. One challenge for Santa Ana is that many individuals experiencing homelessness gravitate to specific cities, one of which is Santa Ana. A goal of the City is to work closely with community and faithbased groups, other municipalities and the County to provide a coordinated and regional effort to address homelessness throughout the County. In addition, several programs were funded by HOME, CDBG and ESG to assist underserved individuals. The number of persons assisted during the report period is highlighted throughout this report. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead-paint hazards are typically found in buildings constructed prior to 1978; the year lead based paint was banned in the United States. Until 2012, children were identified as having a blood lead “level of concern” if blood tests resulted in 10 or more micrograms of lead per deciliter. Experts now use a reference level of 5 micrograms per deciliter to identify children with blood levels that are much higher than most children’s levels. Although many children remain at risk exposure to harmful lead levels (i.e., blood lead levels greater than the CDC recommended level of 5 micrograms of lead per deciliter of blood), the CDC reported a decline in blood levels in children age five and younger, largely a result of the phase-out of leaded gasoline and efforts by federal, state, and local agencies to limit lead paint hazards in housing.In all housing activities, the City complies with requirements to examine for the potential risk of lead exposure. If and when lead is identified, the City works with the property owner and/ or subrecipient to remediate the lead-based paint. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Santa Ana’s anti-poverty strategy includes expanding housing opportunities and support services for low-income residents, and coordinating public and private resources to address their specific needs. Services and activities supported by the City included:  Economic development program to stimulate the local economy and further increase job opportunities for low- and moderate-income individuals.  Provide housing assistance through the City’s ESG and ESG-CV programs offering services including: Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services to reduce the number of poverty-level families that may have their housing status negatively impacted by the COVID-19 pandemic.  Partner with and leverage local job training programs focused on supporting residents prepare for and access living wage job opportunities.  Through the City’s housing programs, it will reduce the number of cost burdened households living in the City, allowing them to allocate personal resources to other critical household needs. Public services will be targeted to address critical needs of low-income and vulnerable residents through the provision of programming, transportation, education, childcare and other key needs that are EXHIBIT 1 City Council 27 – 24 9/16/2025 CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) identified by the City and its stakeholders. Services such as these are components to assist individuals to be better suited to secure and retain living wage employment.  Homeless assistance, including prevention, will provide critical services to extremely low-income households in need of immediate assistance and support to be better suited and able to take steps to identify sustainable housing and employment options. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The institutional delivery system in Santa Ana is high-functioning and collaborative, particularly the relationship between city departments and the nonprofit sector comprised of a network of capable nonprofit organizations operating in Santa Ana and throughout Orange County that are delivering a full range of services to residents. Affordable housing development and preservation activities are carried out by the Housing Department of the Community Development Agency in partnership with housing developers and contractors. The Planning and Building Agency supports code enforcement activities. Public service activities are carried out by nonprofit organizations with support and oversight from the Community Development Agency as necessary to achieve the Strategic Plan goals. The Community Development, Public Works and Planning and Building Agencies work together with contractors to implement public facilities and improvement projects. The greatest challenge behind COVID-19, in the City’s institutional delivery system is the breadth and diversity of need and exceeds the amount of available funding to completely address all needs within the community. Consequently, even high priority needs cannot be fully funded. Further, due to the scale of need within the community – nonprofit service providers are also operating at maximum capacity. As a result, non-profit leadership has less time to dedicate to coordination and alignment with other partner agencies and organizations to strategically target needs. In PY21 the Community Development Agency worked to increase the efficiency of collaboration and coordination among different providers operating in the City and throughout the region. The City also supported programs aimed at enhancing. Examples of actions undertaken during the report period to overcome gaps and enhance coordination included the following:  The City’s Workforce Development Board played a key role in developing employment opportunities for lower income Santa Ana residents. The WDB is comprised of various community leaders representing private employment, education, social services and government. This diversity in the board’s representation ensures that the community’s workforce needs are identified and addressed through a variety of public and private resources. This advisory board also brings key community contacts together resulting in enhanced coordination of program delivery and resource utilization.  The City participated in several homeless forums and committees. Specifically, the City served on the Orange County Continuum of Care Board and participated in several committes including the Housing Opportunity Committee, the Emergency Shelter Committee and the Data and EXHIBIT 1 City Council 27 – 25 9/16/2025 CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Performance Committee. The City also served on the Leadership Council for the United to End Homelessness campaign empowered by the United Way and participated on the Executive Committee. Through this participation, the City can ensure that barriers to housing and the needs of the homeless are identified and addressed through the coordinated regional implementation of limited funding and resources.  The City sought to encourage home ownership opportunities to promote neighborhood stability. With a high median purchase price of homes, homeownership remains a challenge for households earning less than 80% of county median income. Recent increases in housing costs have exacerbated this situation.  Neighborhood residents were encouraged to participate in the preparation and implementation of neighborhood assessments and plans, and were kept informed on homelessness issues. Santa Ana’s Neighborhood Initiatives Program provided the means to facilitate this participation. This coordination included working with a variety of city departments, public utilities, property owners, tenants, nonprofit agencies and the school district. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) As in past years, Santa Ana made an effort to leverage private and federal funds with local and state funds to increase and preserve the City’s supply of affordable rental housing. The greatest barrier to affordable housing in the City is a limited supply of resources and available land to support the development and preservation of affordable housing within the City. The City works closely with non- governmental, state and federal agencies to identify potential funding streams and resources. Several affordable housing projects are moving forward currently in the City and two projects for individuals/veterans experiencing homelessness are in the pipeline. These are examples of how the City is coordinating with private developers and social service agencies to create affordable housing opportunities in Santa Ana. The City’s owner-occupied housing rehabilitation programs have been instrumental in preserving housing units occupied by lower income households. Furthermore, homeownership opportunities for low- and moderate-income homebuyers were available via the City’s participation in the City’s Down Payment Assistance Program. The City worked closely with Habitat for Humanity in completing the last phase of the scattered site project where single family homes were developed to be sold at affordable price and to restrict to income qualified households for a period of at least 45 years. Additionally, the Santa Ana Housing Authority provided rental assistance vouchers to very-low income households. Participants in the Housing Authority’s Family Self-Sufficiency (FSS) program were also referred to classes (available in English, Spanish and Vietnamese) on how to prepare for homeownership. EXHIBIT 1 City Council 27 – 26 9/16/2025 CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) City staff met regularly with public and private organizations to coordinate various efforts. The City's relationship with nonprofit organizations in the community allowed for an integrated approach for funding requests from local, state and federal agencies. The City worked with nonprofits as they applied for funds for activities consistent with the objectives in the Consolidated Plan. The City also communicated with various institutions to facilitate the exchange of information and to develop strategies to provide benefits and housing services. Homeless needs and priorities continue to be identified through the County’s CoC system. The City consults with the County and local ESG entitlement grantees in regard to the use of ESG funds. On-going meetings are held to coordinate the development of eligibility criteria, performance standards and outcome measurements, as well as to establish funding, policies, and procedures for the operation and administration of the Homeless Management Information System (HMIS). Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 9 1.520(a) The City evaluated barriers and constraints to the development of affordable housing as a critical component of the Housing Element. The California Department of Housing and Community has received Santa Ana’s Adopted Housing Element for certification. The City participated in the update to the County’s Regional Analysis of Impediments to Fair Housing Choice for the period of 2020 - 2024. Through this process, the City has identified a set of city-specific and regional goals and approaches to address barriers to affordable housing and affirmatively further fair housing in the City. EXHIBIT 1 City Council 27 – 27 9/16/2025 CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements To ensure that HUD funds are used efficiently and in compliance with applicable regulations, the City provides technical assistance to all subrecipients at the beginning of each program year and monitors subrecipients throughout the program year. The City of Santa Ana applied the same monitoring standards to its CDBG-CV and ESG-CV programs. Technical Assistance To enhance compliance with federal program regulations, the City provides an annual Notice of Funding Availability (NOFA) workshop to review the Plan goals, program requirements and available resources with potential applicants. Subsequent to the approval of the Annual Action Plan, a mandatory subrecipient workshop is held to review program regulations in detail, to provide useful forms and resources for documenting compliance and to review the City’s compliance procedures and requirements. Additionally, individualized technical assistance is provided on an as-needed basis throughout a program year. Activity Monitoring All activities are monitored, beginning with a detailed review upon receipt of an application to determine eligibility, conformance with a National Objective and conformance with a Plan goal. This review also examines the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries and likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the System for Award Management (SAM) debarment list, prevailing wage, Minority and Women Business Enterprise, Section 3 and federal acquisition and relocation regulations, as applicable. Subrecipients are required to submit an audit and other documentation to establish their capacity, and any findings noted in the audit are reviewed with the applicant. Eligible applications are then considered for funding. Once funded, desk monitoring includes ongoing review of required quarterly performance reports. For CDBG public service activities, an on-site monitoring is conducted once every two (2) years, or more frequently as needed to ensure compliance. These reviews include both a fiscal and programmatic review of the subrecipient’s activities. The reviews determine if the subrecipient is complying with the program regulations and City contract. Areas routinely reviewed include overall administration, financial systems, appropriateness of program expenditures, program delivery, client eligibility determination and documentation, reporting systems, and achievement toward achieving contractual goals. Following the monitoring visit, a written report is provided delineating the results of EXHIBIT 1 City Council 27 – 28 9/16/2025 CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) the review and any findings of non-compliance and the required corrective action. Subrecipients normally have 30 days to provide the City with corrective actions taken to address any noted findings. Individualized technical assistance is provided, as noted above, as soon as compliance concerns are identified. For CDBG capital projects, monitoring also includes compliance with regulatory agreement requirements Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The City published a notice in the general circulation of papers in English, Spanish and Vietnamese that its CAPER was available for review for public comment. The CAPER was made available for review at the Office of the Clerk of the Council, Community Development Agency 6th Floor Reception Area, Main Library, and on the City’s website.There was a 15-day public comment period prior to the submission of the CAPER to HUD. In addition, a public hearing was held by the Community Redevelopment and Housing Commission and at the City Council meeting to obtain public comments, with the City Council authorizing the submission of the report to HUD. Despite efforts to solicit public feedback, no comments were received during the 15-day public comment period, nor at the public hearing held by the Community Redevelopment and Housing Commission or the City Council meeting. The City acknowledges the importance of community engagement and remains committed to transparency in its reporting processes. EXHIBIT 1 City Council 27 – 29 9/16/2025 CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The 2024-2025 Program Year was the fourth year of the 2020-2024 Consolidated Plan. The City made progress towards its five-year and one-year goals for this reporting period and did not change its program objectives or the projects & activites that utilized CDBG, ESG, and HOME funds. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. EXHIBIT 1 City Council 27 – 30 9/16/2025 CAPER 26 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-50 - HOME 24 CFR 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on -site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. The City of Santa Ana conducts onsite inspections of HOME-assisted rental units during the required affordability period to determine compliance with HUD property standards in accordance with 24 CFR 92.251. HOME-assisted rental projects with one to four units are inspected every three years, projects with five to 25 units are inspected every two years, and projects with 26 or more units are inspected annually. The City of Santa Ana received COVID-19 waivers regarding on-site inspections of rental housing and for housing units of recipients of TBRA funding. Inspection schedule dates have been shifted accordingly as per HUD regulations. During Fiscal Year 2023 (July 1, 2024, to June 30, 2025), the City administered assistance to 717 rental units through the HOME program. Among these, 919 units underwent inspection, with 684 units successfully passing the initial scrutiny while 235 units failed. Following re-inspection, all 235 previously failed units were reviewed, resulting in all passing the re-inspection. HOME: In the 2024-2025 fiscal year, the City of Santa Ana advanced its efforts to promote homeownership and maintain compliance with the HOME Investment Partnerships Program. In December 2024, the City EXHIBIT 1 City Council 27 – 31 9/16/2025 CAPER 27 OMB Control No: 2506-0117 (exp. 09/30/2021) issued a Request for Proposals (RFP) to enhance access to affordable housing, resulting in three submissions currently under review. Additionally, between January and June 2025, City staff conducted compliance monitoring for 37 HOME- assisted properties, covering 362 units, which represent approximately 17% of the City's total affordable housing units. In line with HOME program requirements and City regulations, staff reviewed 20% of the units at each property through on-site tenant file inspections. Notably, none of the HOME units were found to be out of compliance with established standards. Compliance Monitoring: Between January and June 2025, City staff conducted compliance monitoring for 57 affordable properties, covering approximately 2,000 units. In accordance with each property’s program requirements and City regulations, staff reviewed 20% of the units at each property through on-site tenant file inspections. While none of the HOME units were found to be out of compliance, one property, Nineteen 01, which includes 10 inclusionary housing units, was identified as out of compliance. City staff is actively working with the management team to bring these units into compliance with the required standards. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a) The City’s affirmative marketing procedures and requirements apply to rental and homebuyer projects containing 5 or more HOME or CDBG-assisted housing. These procedures and requirements do not apply to families with Section 8 tenant-based rental housing assistance or families with tenant-based rental assistance provided with HOME funds. The procedures include: Methods to inform the public about Federal fair housing laws:  The City displays the Equal Housing logo or slogan in housing-related press releases and solicitations for owners, and on the website page for the City’s Housing and Neighborhood Development Division.  The City requests the County of Orange to include information on the City’s HOME and CDBG- assisted rental units in its countywide Affordable Housing List maintained by the County. Requirements and practices owners must adhere to:  Owners must display the Equal Housing Opportunity logo or slogan in all correspondence with current or potential tenants, on lease agreements, and display the fair housing poster in their leasing offices, and develop written procedures for selecting tenants.  The City required owners of City HOME- and CDBG-assisted rental units to continuously review the demographic makeup of their tenants. If and when such review indicated that their tenants EXHIBIT 1 City Council 27 – 32 9/16/2025 CAPER 28 OMB Control No: 2506-0117 (exp. 09/30/2021) no longer reflected the City’s minority population, they were required to inform the City of that fact and request City review and approval for the steps they took to correct that deficiency.  Compliance with the City’s affirmative marketing requirements and procedures will be made an obligation of all rental property owners receiving HOME or CDBG assistance from the City of Santa Ana, and will be enforceable by means of appropriate actions described in loan documents recorded through the County of Orange. Record keeping:  The City will require owners of its HOME- and CDBG- assisted rental units covered under this marketing plan to make an annual report to the City detailing the steps they have taken to comply with this Program. They will also be required to report on the ethnicity of their tenants, as well as rents, income levels, and other household characteristics. Reports will be made on a form that is acceptable to the City of Santa Ana, and that will enable the City to capture the data it needs to evaluate owner compliance with this Program.  The City will maintain records on owner reports and its evaluation of those reports for a period of not less than ten years after expiration of the affordability period required by applicable HUD regulations. Annual assessment: Upon receipt of owner reports, the City will evaluate the ethnic and racial characteristics of tenants being served to determine if they reflect the City’s housing market. If they do not, the City will direct the owner to take further affirmative marketing steps to correct the imbalance. The City will track and evaluate the steps taken to insure they have the desired effect. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant char acteristics Not applicable. The City receipted $XXX,XXX in program income during FY2023. The City did not expend any program income during the FY2024 program year, but anticipates that such funds will be included in forthcoming RFPs during program year 2025. Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j) The City coordinates HOME funding and activities with other federal, state, and local affordable housing resources to maximize the assistance provided in the City and construct and/ or rehabilitate affordable housing throughout the City. EXHIBIT 1 City Council 27 – 33 9/16/2025 CAPER 29 OMB Control No: 2506-0117 (exp. 09/30/2021) EXHIBIT 1 City Council 27 – 34 9/16/2025 CAPER 30 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 1 1 0 0 0 Total Labor Hours 0 154,492 Total Section 3 Worker Hours 0 38,848 Total Targeted Section 3 Worker Hours 0 5,234 Table 14 – Total Labor Hours Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers 1 Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 1 Direct, on-the job training (including apprenticeships). Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). Outreach efforts to identify and secure bids from Section 3 business concerns. 1 Technical assistance to help Section 3 business concerns understand and bid on contracts. Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. Held one or more job fairs. Provided or connected residents with supportive services that can provide direct services or referrals. Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. Assisted residents with finding child care. Assisted residents to apply for, or attend community college or a four year educational institution. Assisted residents to apply for, or attend vocational/technical training. Assisted residents to obtain financial literacy training and/or coaching. Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. Provided or connected residents with training on computer use or online technologies. Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. EXHIBIT 1 City Council 27 – 35 9/16/2025 CAPER 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Other. Table 15 – Qualitative Efforts - Number of Activities by Program Narrative EXHIBIT 1 City Council 27 – 36 9/16/2025 Page 1 of 2 FY 2024-2025 (QUARTER 4) REPORT TO THE CITY OF SANTA ANA Contract Name: Homeless Management Information Systems (HMIS) Contract Term: July 1, 2024 - June 30, 2025 Reporting Period: Quarter 4: April 1, 2025 – June 30, 2025 Reporting Period Actual Served Quarter 1: July 1st - September 30th 18 Quarter 2: October 1st - December 31st 64 Quarter 3: January 1st - March 31st 104 Quarter 4: April 1st - June 30th 85 Total 271 Quarterly Activities Based on scope of services, the following was achieved during Q4 FY 24-25: 211OC performed the following activities to engage with 4 agencies in Santa Ana who are ESG sub-recipients and also HMIS participants (including Domestic Violence agencies), to increase the accuracy of data collected and disseminated: • 2 ESG sub-recipients participated in the HMIS User meeting in April. • 2 ESG sub-recipients participated in the HMIS User meeting in May. • 3 ESG sub-recipients participated in the HMIS User meeting in June. • The following user accounts were active at each agency during the quarter: Staff Access Role Agency Agency Manager Agency Staff Total Illumination Foundation 3 63 66 Interval House 0 0 0 Santa Ana Police Department 1 4 5 WISEPlace 2 5 5 Program accomplishments Reports: • Quarterly Data Quality Reports Cards were published on our website. EXHIBIT 1 City Council 27 – 37 9/16/2025 Page 2 of 2 • Project Performance Reports were published for Permanent Supportive Housing & Other Permanent Housing, Rapid Re-Housing and Transitional Housing • Published the ESG Quarterly Dashboard Provided additional guidance in the monthly User Meeting on the following topics: • April: Provide on-going support with HIC PIT, CES Housing Assessment Forms Update, Client Consent Form Update, Reassign Case Manager, Program Move, Agency Set Up Review Dashboard, and LSA Data Quality Dashboards • May: Provide on-going support with HIC PIT, Assign CES Case Manager, Pre-Assessment Screening Form Update, Adding Documents to a Client's Record, Bed Reservation Workflow, Maintaining Households on the Community Queue, CES Clients Active with Service Provider & on CES CQ Report, Proposed Data Standards Changes, and 2025 Agency Audits • June: Provide on-going support with HIC PIT, System Performance Measures, HMIS Policies and Procedures Update, Clarity Feature Updates: Check In Button and Signature Field Type, 2025 Agency Audits, Data Entry for Social Security Number, Removing Household From Community Queue, Exiting Clients from a Program, Reopen a Program Enrollment, Potential Exits Report Support: • Help users understand the different components of data quality • Continued 2024 HMIS Agency Audit: HMIS Training and Support, Client Privacy, Security Check, HMIS Data Quality • Hosted Live Webinars: Looker Training, Deeper Dive into Looker Training, and HMIS Part 2 Live Training New program information • No new projects were set-up in the past quarter. Up-to-date program statistics on expenditures, caseload and activities • Please reference 211OC’s billing report for program expenditures and the above areas of the Q4 FY 24- 25 report for detailed description of activities. EXHIBIT 1 City Council 27 – 38 9/16/2025 The Orange Countv Register 1920 Main St., Suite 225 Irvine, Ca 92614 714-796-7000 5211379 CNSB / CNSB-ACCOMMO DATIONS 915 E 1ST ST ORDER EXPEDITING LOS ANGELES, CA 90012-4050 FILE NO. 3958469 AFFIDAVI T OF PUBLICATION STATE OF CALIFORNIA, } ss. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 08/18/2025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: August 18, 2025. �� Signature 1 1111111 1111 1111111111111111111111111 11111 11111 11111 11111 ll11111111 11111111 * A O O O O O 7 1 8 4 0 6 2 * r,LP1w12/15/16 PROOF OF PUBLICATION EXHIBIT 2 City Council 27 – 39 9/16/2025 r.lP1"12/15!16 2 All t.:vrmn-llrn_:::; nnt11n1c ru me (APE; R sho�d<1 be sObmitte-<l l,;i the City of .Santa Ano, Communl!'f Devclwment Depar!mont no latar thon 4:0() p,m., on September 16, 202 •. Questions ond written commen1S regon:ling. th" CAPER ,;ind Action Pion Amcndmenfmoy beoddressed to Mr. Do111d Flores, HQUsing Pro1m1ms Coordlncrtor, 20 Civic Center Plow, Sonia "ma, CA 92701 ,ttlores0)Satlta-<ina.org. You trWi ulso call (714) 647-6561. ACCESSISILITY TO MEETINGS AND OOCUME;NTS It is th� inteotio� of the City to <:omply · with S.e<:tion . 504 .. of tM Rehabili1Cltion .,,er Of l9T.l, OS omended,. the Americans. witll Disabifiti,;s Ad (ADA) of 1990 and I.he ADA .Am�ndment Ac tot '.!DOS, .theFair 'Housing Act, the. Archltecturol Barr,ors.Act, at1d 1110Cit11's<1dbpted Umited En-g:ii:Sh Proficienr:Y Pian (LEP) In all respects. lfyou '.requice public .documents in· ati occ.essibie fOTfT1d,f1 ... '.the , . GHv •• �t�l.l , ... ,riiake reasonable. efforts to accommc><Jate V-OUf request. If, <IS d partiCiPdlil II1 t:hFs,-meetJn:�,-VOU-will :n'eeQ·:?PeCiol <rss,stance beyc>ncl wlmt. is normally prov_j'Q�dr .. :-�fl�Judtri9 a�xtli:O�Y. • aid� o�d ,ervi.ces, the City will uttemm lo <1ccomm.o.dofe you • In every reo.�ona1>1e ma.nner. Pleos.e co.ntoc1 ll4,M7'6520 ot'.le-o.st <IS h<:iurs �,,or to fhc . mt'liiting to fnform us . of• ·yetur needs .• and ... to . det�rmine if <rcc<,mrnodotlo� is. fe�si b.1 e. tl>e CHY • doe.s nol Md shct I I not dtsc.drrl.i_nate on ·_th.�_.bosi:s of n:ice� ,;;olor;. r-eli\Ji.on (creed), se�der, '!iru1de.r:· • .. t-?C�t��sionr_ 090�--_. nation_..11<1rigrn !011c�frvl, di&c.bili!Yirt1<1rit□I ,sfo.tus, sexual Orient<:rtfon,_.n:,mtan• :Sl<JIUS,.Ocf '.Onl' <l)ner i,roJr>CWd Closs $:latu�'._jq 'oov: Qf it:;i octlvitie� or or>erations, .Si tlt!necpl'e!llJ!lta$ en esP<tffQI, f!JV,;>rde lldrnQr, al 714,667":l.241; Nu cn!J(!n I c ting t!n1,Vrt, xin l n thQ.i <;h<tKrtslle.H(I s. (714) 667,. . . 2241. . .. . . /l you chal/eng.e tt>e declslon. on the a/xJvr; l1J!1f/f,r, i'iJI/ mar lie /imlfed lo rc1",.fng iontr . ti/·c,se·: issvi,s .:•rov orsomeorre e/s'e raised. at 1/-/e r,utJ-liche'<,i'ilig .4�$ci'tbed iii .fh'iS notice, 6,: in'..wrll/errcorres.PO(lde.ncecfeliverea lo the City of Scn.taAna at or pr/or .!(4: :fh,i!·'fjdb!iC: ,h'eriring�·J.emiHer L; Holl, CMC CityClerlc •• llllwi5 . : ... CNSs39Sll.469# ORAN(;E! C':O!JNTY REl'.llSTF.R EXHIBIT 2 City Council 27 – 40 9/16/2025 California Newspaper Service Bureau Public Notice Advertising Since 1934 Tel 1-800-788-7840 Fax 1-800-474-9444 Local Offices and Representatives in: Los Angeles, Santa Ana, San Diego, Riverside/San Bernardino, San Francisco, Oakland, San Jose, Sacramento Special Services Available in Phoenix DECLARATION I am a resident of Los Angeles County, over the age of eighteen years and not a party to or interested in the matter noticed. The notice, of which the annexed is a printed copy appeared in the: LA OPINION On the following dates: 08/18/2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Los Angeles, California, this 21st day of August 2025 Irene Andal Signature 3958473 "The only Public Notice which is justifiable from the standpoint of true economy and the public interest, is that which reaches those who are affected by it" I lllllll llll lllll lllll lllll lllll 1111111111 11111 11 111 11111 1111111111 IIII IIII * A 0 0 0 0 0 7 1 8 3 2 7 8 * ' Tambien pued"e ·11amar a\ ' estado milltar, o cualquier ' (714) 647-6561. otro estatus de clase AC C ES I B I LI DAD protegida en cualquiera A AEUNIONES y de sus actividades y DOCUMENTOS operaciones. Es la intenci6n de la Si tiene preguntas Ciudad cump\ir con la en espailol, favor de :_ Secci6n 504 de la Ley de llamar al 714-667-2241. Rehabilitaci6n de 1973, N0u can nen li;ic b8ng segUn enmendada, la ueng ViE;?t, xin di�i:, thoi;ii : Ley de Estadourndenses cha Kristie Ha s6 (714) con Discapacidades 667-2241. (ADA, par sus siglas en Si impugna a decisi6n : ingles) de 1990 Y la Ley sabre el asunto anterior, de Enmienda de Ada de es posible que se le 2008, la Ley de Vivienda limite a plantear solo los Justa, la Ley de Barreras problemas que usted u Arquitect�nicas,.Y el Plan otra perso,na plantearon de Dominic Lim1tado del en la audiencia pUblica lngles,{LEP, por sus siglas descrita en ese aviso, en 1ng1es) adoptada O en correspondencia por la Ciudad en todos escrita O entregada a la las aspectos. Si usted Ciudad de Santa Ana en necesita documentos O antes de la audiencia pUblicos en un formate pUblica. accesib\e, la Ciudad hara Jennifer L. Hall, CMC las esfuerzos razona_bles Secretaria de a Ciudad para adaptar s.u .sollc1tud. , 8/18/25 Si, coma part1c1pante en I CNS-3958473# esta reu_ni6n, necesita_ra I LA OPINl6N asistenc1a especial mas all8. de lo que normalmente se brinda, incluyendo servicios y ayudas auxiliares, la Ciudad intentar8. acomodar\o de todas las maneras razonables. Comunlquese al 714-647-6520 al menos 48 horas antes de la reuni6n para informarnos de sus necesidades y : determinar si es factible la adaptaci6n. . . . La Ciudad no d1scnm1na rn discriminar8. par motives de raza, : color, religi6n . (credo), genera, exprest6n . de genera edad, ongen nadon8.t (ascendencla), discapacidad, estado ci�il, _orientaci6n s�xu�I, EXHIBIT 2 City Council 27 – 41 9/16/2025 California Newspaper Service Bureau Public Notice Advertising Since 1934 Tel 1-800-788-7840 Fax 1-800-4 7 4-9444 Local Offices and Representatives in: Los Angeles, Santa Ana, San Diego, Riverside/San Bernardino, San Francisco, Oakland, San Jose, Sacramento Special Services Available in Phoenix DECLARATION I am a resident of Los Angeles County, over the age of eighteen years and not a party to or interested in the matter noticed. The notice, of which the annexed is a printed copy appeared in the: NGUOI VIET On the following dates: 08/19/2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Los Angeles, California, this 25th day of August 2025 lreneAndal Signature 3958478 ''The only Public Notice which is justifiable from the standpoint of true economy and the public interest, is that which reaches those who are affected by it" I lllllll llll lllll lllll lllll lllll lllll lllll lllll lllll lllll 11111 11111 1111 1111 *A O O O O O 7 1 8 7 O 6 3 * THONG ftAO YE PH!EN �IEU TRAN CONG C9NG Cic Chuong Trinh Lip Ke Hoach vi PhatTrifo Cong Dong' cua Bi Gia Cuva PhitTriln Oo Thi Hoo Kl BAN Di/THAO BAO CAO OANH GIA HltU SUATHANG NAM 01/0C HdP NHAT (CAPER) CHO NAM • TAICHINH 2014-1025 Thong Bao Cong Cong: Ban du th!o CAPER 2024-2025 da sin sing di xem xetvi g6py, Thinh ph6 Santa Ana di chuan biBan duthio Bio cio Hi\u suit vi Dini gla H/p nhlt HinJ nim !CAPER) 2024· 2025. Bao cao nay danh g1a tien dQ cUa Th3nh phO trong vi�c d�t dt1qc cac m�c tieu phit triln nhi o vi c9ng dong cho nam tli chinh 1014-2015, nhu di neu trong Ke Hoach Hanh D¢ng Mot Nim di duQc thong qua. Chuong trinh nay bao gom cic hoar d¢ng duoc tii trp thong qua c tro phat trlEn cOng , Doi ta'c dau tu �O�E I tr9 g iii phip khancaylESG), Theo Ke hoach tham gia cUa cOng dan Thinh ph6 va Cole quy dinh cUa lien bang 114 CFR 91.105\ CAPER co thedugc cOng chting xem xet va binh luan trong thai gian 15 ngiy, t� ngiy 5 thing 9 Mn ngiy 19 thing 9 nim2025, Ban co the xem xet Ban thao CAPER t_r/c tiep tai: Santa Ana City Hall, 10 Civic Center Plaza, 8th floor Santa Ana, CA 91701 ChtinQ t6i tran trgng kfnh m011a1 ca ell din va cic ben lien quan dong gop i kien trnng thoi gian dinh gia nay. Ngoa, ra, Du thao CAPER se duQc trinh bay tai cic 'phien Dieu Iran Cong khai sau day , Sulc hQp Uy ban Phit triln Cqng dong Thu Tu, ngay 17 thing 8 nam 1015, luc 4:30 chieu , Cujc hQp Hqi dong Thanh pho Thu Ba, ngay 16 thang 9 nam 1025, luc 6:00 t6i [T10ng phan Phien dieu tran cong khai cua chuong trinh nghi sil) 1 �ien d6n� g6p cila bqn r&t quan tr9ng d61 v\Ji chung tOi, Vui lbng nhan co hOi nay d€ xem l�i bao cao va chia sf Y ki�n cUa ban. BINH PHAM C0A CONG CHONG Cac ban sao cua ban duthao mar nhat cua CAPER se c6 sin de cong chung xem xet tai lf1a diem sau: https:/ iwww.sa nta-a na. org/hou sing- 1 grant-funding/ C6ng chUng duqc mOi gu'1 nh�n xe1 bing van ban vi CAPER. fat cl cic nhJn xet lien quan den CAPER phai dugc g� den Thanh pho Santa Ana, Phong Phat trien Cong dong (City of Santa Ana, Community Development llepartment) khong muon hdn 4:00 chieu, ngay 16 Thang Chin, 2014. cac cau h6i va nhan xet bang van ban lien quan den CAPER vi B!n sila d6i Ke hoach Hanh dong co the dude gui tOi Ong David FlOres, Dieu phOl viEn Chuong trinh Nhi !, 10 Civic Center Plaza Santa Ana, CA 91701 dllores@ santa-ana,org. QuY vi cUng c6 the g9i [714)647-6561. KHA NANG Tl!P CAN cAc CUD( HOP VWILl(U • • • Thanh pho co i dinh tuan thu Mic 504 cua Dao Luat Phuc H6i nam 1973, di duac sila d5i, Dio lu!t Nguoi Khuyit Tat Hoa Ky [ADA) nam 1990 va Dao Lu!t Sua Ooi ADA nam 1008, Dao Lu!t Nh, b Kien TrUc, Anh Han Ch€ moi ma!. Nfu quYvi yeu c3u cac tai li�u c6ng c(ing o dinh dang c6 the truy cip dug, Thanh ph6 se c6 nhung no Ive hdp Ii de thich nghi cho yeu cau cua quy vi. Neu, vai tu each la thanh vien tham dv cuoc hop nay, quy v! se can hO trq d�c bi�t ngoai nhung gi thong thuong duqc cung cap, bao g6m cac dich v� va trq c� ph� trq , Thanh phose c6g!ng thich nghi cha qui vj theo mo, cich thuc hqp Ii, Vui long lien h/ so 714-647-6510 it nhat 48 giotrudc cu¢c h9p de thong bao cha chung t0iv€nhu cau cUa quyvf va xac dinh xem s/thich n9hi c6 kha thi hay khong. Thanh pho khong vase khong phan bi/t d6i �/J dVa tren chUng tOc. mau da, 16n giao [tin ngudngl, gidi tin� bieu li/n giOi tlnh, tuOi 13r, ngu6n g6r qu6c gia [to tien), khuyet tat, tinh trang hon nhan, ' khuynh huon9 tinhdic, tinh trang quan nhin, ooic bat kj tang lq, dude bao vi nao khac t10ng oat ky hoat d¢ng ho!c v�n hanh nao ctia n6. Cic cu9c h9p cua H9i d6ng Thanh pho duoc truyin hinh tren Kenh l hole phat Si tiene preguntas en espaftol, favor de Ila mar al [714) �67-2241. Neu can lien lac bing tieng Vi\\ xin cfren thoai cho Kristie Ha (714) true ti�p t�i www.santa-ana,oig.' cac th�nh v1en cl/a c<ing ch\Jng cO the gui nMfl xet qu3 email t�i ecomments@ santa-ana.orgvao 4 giCI chi€u ngay h9p, tham gia h¢i ngh! tU xa bang each g9i so 669-900-9128 [ID: 315-965-149), hoac bing cich tham gia h¢i thio tren web qua zoom tqi https:/fus02web.zoom uslj/315965149. Vui lo"] truy �P santa-anao�/ci�meetings flf bift them thOng tin, Thanh phO Santa Ana cam an ct1 dan vi sv kifn nhan va linh hoqt lien t�c cUa h9 khi chUng tOi tiep we quan blnh giaa slfan toanva svtham gia ctia c6ng cMng. • 667,2241. Niu thach tMc quy/1 a/nh vi van di trio, quy v/ c6 rhe chi duqc neu ra nhrJng vOn de m� qtJY. vihoac n9t/Cli khdc d6 neu ra tqi ph1en 1Mu trOn cong cQng d!l�c mD td 1rong th6n9 bdo nay, hodc lrong thug,, a/n H9i Do119 Thanh Ph6 cuo Thanh PM Santa Ana vao Ilic, hoqc wac phifn dri.u tranc6ng khai. Jennifer L. Hall,CMC Thu Ky Thanh Pho B/19/15 CNS-3958478# NGUOIVIET EXHIBIT 2 City Council 27 – 42 9/16/2025 Planning and Building Agency www.santa-ana.org/pb Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) AGENDA TITLE Public Hearing - Amendment Application (Zone Change) No. 2025-01, Vesting Tentative Tract Map No. 2025-06, Development Agreement No. 2025-01, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. RECOMMENDED ACTIONS 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 2025-01 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 2025-06 (County Map No. 2023-159), as conditioned; RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2025-06 (COUNTY MAP NO. 2023-159), AS CONDITIONED, FOR THE City Council 28 – 1 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 2 5 3 0 1 VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires two-thirds vote); RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 2025-01 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2025-01 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP-6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 2025-01. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025-01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP GOVERNMENT CODE §84308 APPLIES: Yes Executive Summary Justin McCusker, on behalf of South Coast Plaza, a California general partnership (“Applicant” and “Property Owner”), is seeking approval of various entitlements to facilitate the redevelopment of a 17.2-acre site into a mixed-use urban village (“Project”). City Council 28 – 2 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 3 5 3 0 1 The project site is located along the southern edge of the City of Santa Ana (“City”), on the northeast corner of West Sunflower Avenue and South Bear Street, transected by South Plaza Drive. The project site includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W. Sunflower Avenue; 3820, 3840, and 3951 S. Plaza Drive; and 3811 and 3851 S. Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451- 01, 412-451-02, 412-451-03, and 412-451-04), collectively referred to as 1561 W. Sunflower Avenue (“Project Site”). Project entitlements include Amendment Application (AA) No. 2025-01 to establish the Village Santa Ana Specific Plan (SP-6) and to change the zoning district of the Project Site from Specific Development No. 48 (SD-48) to SP-6; Vesting Tentative Tract Map (VTTM) No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six buildable lots; and Development Agreement (DA) No. 2025-01 outlining terms and conditions for the Project. In addition, in accordance with the California Environmental Quality Act (CEQA) the Project requires: (1) certification of a Final Supplemental Environmental Impact Report (SEIR) No. 2025-01 (SCH No. 2020029087); (2) adoption of Environmental Findings of Fact and a Statement of Overriding Consideration; and (3) adoption of a Mitigation Monitoring and Reporting Program (MMRP). Lastly, the Project requires overruling the Orange County Airport Land Use Commission’s (ALUC) determination that the Project is inconsistent with the Airport Environs Land Use Plan (AELUP) of John Wayne Airport (JWA), including supportive findings. Pursuant to sections 41-592 and 41-667 of the Santa Ana Municipal Code (SAMC), approval of a specific plan and a zone change is required by the City Council by ordinance. In accordance with Section 65864 et seq. of the California Government Code (Gov. Code), the City Council is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. In accordance with Section 21676 of the Public Utilities Code (PUC), the City Council may overrule ALUC’s determination by a two-thirds vote if it makes specific findings that the Project is consistent with the purposes of the State Aeronautics Act. Lastly, pursuant to Section 34-127 of the SAMC, the Planning Commission is authorized to review and approve tentative tract maps; however, since the Project requires review of other entitlements by the City Council, the City Council is required to act on this matter as well. Staff is recommending approval of the Applicant’s request because the Project is consistent with the General Plan land use designation for the Project Site, implements the goals and vision of the South Bristol Street Focus Area (SBSFA) of the General Plan, and provides for a high-quality mixed-use urban village that will contribute community benefits and new economic development opportunities for the City. City Council 28 – 3 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 4 5 3 0 1 Planning Commission Recommendation The Planning Commission held a public hearing for the Project on August 11, 2025. As part of its deliberation, the Planning Commission deliberated the topics summarized in Table 1 for the applicant to address but ultimately voted unanimously (7-0) to recommend that the City Council approve the requested entitlements and development agreement as drafted. Where provided, the Applicant’s responses are summarized in the table below. Table 1: Planning Commission Topics for Applicant Consideration Topic Summary Applicant Response Native Lands Acknowledgement Formally recognize the Indigenous peoples of the site’s history through an onsite marker or designated space. As applications for specific projects are submitted for review, opportunities to honor the Indigenous peoples with ancestral ties will be explored. Project Interface with Bear Street Frontages facing Bear Street should include enhanced architecture and pedestrian-oriented elements to create an active and functional building and public realm interface. The proposed specific plan is a higher- level planning document with design concepts, including architectural and landscape elements, that will be implemented through individual projects submitted to the City. Hotel Use Permissibility Consider requiring a conditional use permit (CUP) for hotels in the specific plan area. The Public Hearing portion of the meeting had closed when this topic was discussed; the Planning Commission did not vote to reopen the Public Hearing to provide an opportunity for response. The City received 17 public comments on the Project that were submitted online. The majority of the comments were in support of the Project. The City prepared written responses for each comment received prior to the 3:30 p.m. deadline; the responses were uploaded to the record and printed for the public hearing prior to the 5:30 p.m. meeting. Those responses are attached to this report as Exhibit 11. During the public hearing, a total of six individuals provided comments on the Project; four were in support and two were in opposition of the Project. DISCUSSION The Project proposes to redevelop the Project Site with a mixed-use urban village on six parcels. The Project would permit up to 1,583 residential units (encompassing approximately 1,850,000 square feet of building space) with a projected population of 3,659 individuals (at a 95.9 percent occupancy rate), 80,000 square feet of commercial space, 300,000 square feet of office space, and 13.8 acres of public and private outdoor and recreation space (of which 7.5 acres will be publicly accessible open space). These uses would occupy mixed-use, residential, and commercial buildings varying in height from one to 25 stories. The Project’s focal point is a central commercial area that would City Council 28 – 4 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 5 5 3 0 1 include a variety of commercial uses, such as restaurants, a market, and retail uses, with additional commercial uses extending through the ground floor of adjacent residential buildings creating an urban village design. Table 2: Project Location Information and Applicable Code Sections Item Information Project Address and Council Ward 1561 W. Sunflower Avenue – Ward 4 Nearest Intersections West Sunflower Avenue and South Bear Street, transected by South Plaza Drive Existing General Plan District Center – High (DC-5) Existing Zoning Designation Specific Development No. 48 (SD-48) Proposed Zoning Designation Specific Plan No. 6 (SP-6) North Multi-family communities of Versailles on the Lake and Saint Albans East Commercial Center / Related Bristol Specific Plan (SP-5) West Village Creek condominium community in the City of Costa Mesa Surrounding Land Use South South Coast Plaza in the City of Costa Mesa Property Size 17.2 acres Existing Site Development The Project Site is currently developed with the South Coast Plaza Village commercial center, which consists of approximately 164,049 square feet of retail shops, restaurants, offices, and a cinema building. Other improvements include surface parking and landscaping. Use Permissions Mixed-use urban villages permissible by the DC-5 General Plan land use designation. Development Standards Appendix A, Table LU-A-1 (Interim Development Standards) of the General Plan Land Use Element. Municipal Code Section Sections Affected Entitlements Sections 34-12, 41-592, and 41-667 of the SAMC. Should the Project be approved, construction of the Project would be implemented in five phases to account for market conditions and to ensure that access, public facilities, and infrastructure connections are appropriately installed to serve the Project. These phases may overlap and completion of the Project may take up to 20 years, depending on market factors. As the requested entitlements would establish a specific plan, individual Project phases would be reviewed through the administrative Development Project Review process, similar to what takes place in other master-planned areas of the City, such as the MainPlace Mall and Harbor Mixed Use Transit Corridor specific plans, and as approved for the Related Bristol Specific Plan (SP-5). If individual phases do not satisfy the development standards and design review requirements of the City, they would be remanded to the Planning Commission for review. City Council 28 – 5 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 6 5 3 0 1 Table 3: Project Breakdown and Phasing Plan Phase Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Total Residential (Units) 360 513 177 264 269 1,583 Commercial (Square feet)73,175 ------6,825 ---80,000 Office (Square feet) --- ------300,000 ---300,000 Parking (Number of Stalls)797 719 248 1,298 377 3,439 Publicly Accessible Open Space (Acres) 3.1 2.3 0.4 1.2 0.5 7.5 Proposed Circulation and Mobility The Project would provide a pedestrian network allowing residents, visitors, and other users to circulate from one space to another throughout the Project Site, with connections to the SP-5 area as well. The Project would be designed with three tiers of pathways: (1) sidewalks, (2) pedestrian paths, and (3) a fitness loop. Sidewalks would provide access to and from the Project Site, and would allow residents and visitors to walk to nearby destinations, such as South Coast Plaza. Sidewalks would be parallel to the existing public roadways and will range in width from five to eight feet. Pedestrian paths would form the core of the pedestrian network for the Project. All pedestrian paths would lead to the central commercial area. The proposed fitness loop would be a unique Project feature providing both a recreational amenity to residents and a functional component of the pedestrian network. The fitness loop would consist of an outer loop around the perimeter of the Project Site and an inner loop connecting to proposed gardens, open space, and retail areas within the Project Site, enabling runners, pedestrians, and other users to reach every corner of the Project Site. The Project also proposes a network of bikeways that would enable residents and other users to travel to and from the Project Site via bicycle. The bicycle network has been designed in accordance with the planned bikeways identified in the Mobility Element (ME) of the General Plan, and would include a new Class IV cycle track along West Sunflower Avenue and a new Class I bike path along South Bear Street. The Project would also include amenities throughout the Project Site for users to park their bicycles. The proposed circulation network would consist of existing public roadways and a new internal network of private streets and drives that would offer access throughout the Project Site. Vehicular access to the Project Site would continue to be provided from three existing public roadways: (1) Sunflower Avenue, (2) Plaza Drive, and (3) Bear Street. The City Council 28 – 6 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 7 5 3 0 1 Project would improve Sunflower Avenue with a new Class IV cycle track, landscape buffers, and enhanced sidewalks. Improvements to Plaza Drive would include a road expansion from 64 to 80 feet to accommodate proposed loading zones, center medians, sidewalks, and landscape buffers. In addition, two new traffic signals would be installed along Plaza Drive. Improvements to Bear Street would include upgraded bicycle facilities and a new traffic signal. To address community input during the outreach process, the Project would also include a new traffic signal at the intersection of Bear Street and Wakeham Place. The Project would include a new internal network of private roadways to support mobility throughout the Project Site. Private roadways fall under three roadway categories: (1) private drives, (2) private streets, and (3) driveways. Private drives would support the internal circulation of people and goods for the Project Site. Private streets would provide the same functions as the proposed private drives but would also provide public entitles, such as the City and utilities companies, access to the Project Site for utility purposes. Proposed driveways would provide residents and businesses access to specific building areas. Private drives and streets would be designed with one travel lane in each direction, with planting and pedestrian paths on both sides. The private drives and streets would also provide access to emergency vehicles for fire, ambulance, and police services. Multiple loading zones are proposed to accommodate passengers and goods. These include designated passenger loading zones that would create safe and comfortable entries for passengers that are dropped off or picked up via ridesharing or other modes. The designated passenger loading zones would be designed to prevent queuing in vehicular travel lanes. The Project would also include commercial loading zones to separate the movement of goods from the movement of people and to support businesses throughout the Project Site. The Project would provide parking to accommodate residents and visitors that drive to and from the Project by a combination of underground parking, above-ground structure parking, and on-street parking. Above- or below-ground structured parking would be provided for each residential, mixed-use, or office building. Underground and on-street parking would be provided adjacent to the proposed Village Plaza area, which would include retail, food and beverage, among other uses. A portion of these parking spaces would be designated and equipped with charging receptacles for electric vehicles for residential and nonresidential uses in accordance with the California Green Building Standards Code (CALGreen). Table 4 provides a breakdown of the proposed vehicular and bicycle parking ratios being proposed by the Project. City Council 28 – 7 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 8 5 3 0 1 Table 4: Proposed Vehicular and Bicycle Parking Ratios Use Ratio Vehicular Parking Office 3 parking spaces per 1,000 square feet Residential 1.4 parking spaces per unit (1) Commercial 4 parking spaces per 1,000 square feet Bicycle Parking Residential Minimum of 10 bicycle parking spaces per multi-family building Commercial 5 percent of the required vehicular parking Notes: (1)With Parking Management Plan strategies such as valet services, the Project can accommodate, if needed, a parking ratio of 2 parking spaces per unit. Proposed Open Space and Landscape Concept The Project proposes open space and an immersive landscaping concept as essential components of placemaking for the Project. At full buildout, the Project would provide a combined 13.8 acres of public and private outdoor and recreation space. Approximately 7.5 acres would be publicly accessible open space and 6.3 acres would be private outdoor and amenity spaces for the residents. Public open spaces would consist of active spaces, outdoor seating areas, garden paseos, recreational lawns, and the fitness loop. Private open space amenities would include outdoor balconies and patios, pools and spas, outdoor kitchens, and communal gathering spaces. The Project would provide unique areas of active and passive open space. Active areas would include walkways, programmable roadways, a promenade, garden paseos, and the fitness loop, which would provide pedestrian and exercise opportunities and connections to the proposed amenities and retail areas in the Project. Passive open spaces would include recreation-ready spaces such as pocket parks, a dog park, and gathering areas including a promenade suitable for outdoor programming, such as outdoor yoga, fitness classes, outdoor movie nights, and other gathering activities. In addition, the Project would be designed with private open space amenities throughout the buildings. These spaces would provide residents with communal gathering spaces and intimate gardens; opportunities for recreation; and amenity facilities including pools and spas, outdoor kitchens, and socializing areas. Additionally, the residential areas would include other private open space areas such as private balconies and patios. The Project would also include a number of planting zones with a variety of native and drought-tolerant trees, plants, shrubs, and ground covers to create an immersive garden experience. The planting zones would complement the architecture of the Project to create a unique sense of place and foster community gathering. Infrastructure, Utility, and Other Improvements The Project would construct new private water mains and private fire hydrants within the Project Site to service each proposed structure for domestic and fire water purposes. The City Council 28 – 8 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 9 5 3 0 1 Project would include the construction of an onsite private sewer network that would convey all sewer flows generated west of Plaza Drive to discharge to an existing Orange County Sanitation District (OC San) trunk sewer main located along Sunflower Avenue. Sewer flows generated east of Plaza Drive would connect to an existing OC San sewer main along Plaza Drive as well as an existing City owned sewer main along Sunflower Avenue to utilize available existing capacities in the system. The proposed Project grading and storm drain network would be designed to match existing drainage and flow patterns to best utilize the capacities available in the existing public storm drain system. Development of the Project would include the construction of new public water mains, fire hydrants, and meters. New domestic, irrigation, and fire water service connections for each proposed structure would be made directly to the existing and proposed public water mains. While the Project Site has been fully developed with the current uses, the proposed Project entails a greater intensity of uses compared with existing operations, and would therefore require a greater demand on utility systems and public services. Utility connections and extensions, distribution lines, and collection lines would be extended and/or upgraded, as needed, from existing infrastructure locations and would be analyzed during each phase of the Project. Site and Project Background Site History Through the 1960s, uses in the Project vicinity remained mostly for agricultural uses. The first major retail development in this rural setting occurred in 1967, when former lima bean producers C.J. Segerstrom and Sons (“Segerstrom Family”) constructed the South Coast Plaza mall on land just south of the Project Site. In 1973, the Segerstrom Family built the South Coast Village, current Project Site development, providing an open-air pedestrian center in the area. The Segerstrom Family still owns the Project Site and has maintained a long-standing presence in the City and County of Orange since the 1890s. General Plan Update (2022) In April 2022, the City Council adopted the General Plan Update (GPU) that established a long-term vision for the City. The GPU Land Use Element (LU) designates the Project Site as DC-5 within the SBSFA. Development in the DC-5 designation is intended to provide urban retail, residential, mixed-use, and employment centers with an intensity of up to 5.0 floor area ratio (FAR) and 125 dwelling units per acre (du/acre). Mixed-use projects may be vertical or horizontal with a maximum height of 25 stories. The SBSFA serves as a prominent southern gateway to Santa Ana. The DC-5 designation envisions transforming traditional auto-oriented shopping plazas into vibrant, City Council 28 – 9 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 10 5 3 0 1 urban villages that prioritize pedestrian, bike, and transit mobility. The SBSFA envisions a built environment that includes: 1) New development that establishes vibrant public outdoor space appropriately scaled to the size and type of project; 2) Building designs that are dynamic and strong, creating a distinct impression; and 3) Office and mixed-use spaces of similar scale to those south of Sunflower Avenue. Project Background On August 7, 2023, the Applicant submitted the Project to the City for review by the Development Review Committee (DRC). Since the initial submittal, the Applicant has held numerous community meetings and has revised the Project to incorporate feedback received from the community and comments provided by the DRC. Over the last year, the Applicant worked with staff to finalize technical reports, including the final SEIR. PROJECT ANALYSIS Specific Plan No. 6 Pursuant to Section 41-592 of the SAMC, the approval and establishment of a specific plan requires approval of an ordinance by the City Council, with the Planning Commission serving as an advisory body. Furthermore, Government Code Section 65451 requires that a specific plan include text and diagrams that specify: 1) The distribution, location, and extent of the uses of land, including open space, in the area covered by the specific plan; 2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed within the area covered by the specific plan and needed to support land uses described in the specific plan; 3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable; and 4) A program of implementation measures, including regulations, programs, infrastructure projects, and financing measures necessary to execute the specific plan. City Council 28 – 10 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 11 5 3 0 1 The specific plan tool has been identified as the appropriate zoning tool for the Project in order to implement the vision of the SBSFA of the GPU. The proposed SP-6 for the Project contains the required components listed above (attached hereto as Exhibit 7). SP- 6 includes the following six chapters: 1) Introduction. Provides an overview of SP-6, including the Project setting and background; purpose; authority; and relationship to other relevant plans, programs, and regulations; 2) Vision and Guiding Principles. Describes the vision and guiding principles for the Project, along with key features of the urban design and placement elements of the Project; 3) Development Plan. Establishes the land use plan, buildout summary, and permitted uses for the Project Site. It also describes the open space and landscape concepts; pedestrian, bike, and vehicular circulation; and infrastructure such as water, sewer, and storm drain; 4) Development Regulation. Provides permitted uses and development standards. Standards include building form, setbacks, building orientation, and open space requirements. It also includes maximum density and intensity for development, parking standards, and signage regulations; 5) Design Guidelines. Complementary to Chapter 4, Chapter 5 contains guidelines related to the design of the Project Site and buildings and information about architectural materials and landscape inspiration, including a list of recommended trees, plants, shrubs, and ground cover; and 6) Administration and Implementation. Establishes the responsibility, enforcement, and interpretation of the plan. It also includes processes for the review of phase developments and modifications and amendments to the plan. This chapter also covers financing for the Project. In addition to these chapters, SP-6 also contains supporting appendices that include governing definitions, summary of general plan consistency, economic and fiscal impact analysis, traffic circulation analysis, parking management plan, and regulations pertaining to alcohol sales. SP-6 is consistent with and was guided by the goals and policies of the GPU. Furthermore, the applicant is proposing a site plan, mix of uses, architectural design and landscape concepts, and development regulations in the SP-6 that were informed and guided by the following seven principles: City Council 28 – 11 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 12 5 3 0 1 1) A Village Community. The Village Santa Ana will offer a unique setting for shopping, dining, and accessing daily services. Unlike traditional commercial centers dominated by surface parking, this neighborhood village will be the hub of activity, designed within a parklike setting that creates an intimate and relaxing environment. 2) Warm, Timeless, and Iconic Architectural Design. Through high-quality human- scale design elements, selection of warm materials, four-sided architecture, and places for terrace gardens and green walls, the design of the buildings will work holistically with the landscaping and parklike village atmosphere. 3) Diversity of Outdoor Spaces and Activities at Multiple Levels. People who visit or live at The Village will find a multitude of unique outdoor spaces for strolling, reading, dining, meeting friends, exercising, and playing. The retail village common areas may be programmed for recurring activities such as movie nights, seasonal events, exercise options such as outdoor yoga, family nights, and other opportunities for nearby residents. Ground level residential amenities in the buildings surrounding the retail village will open to the village square and have amenitized open space as their front yard. Rooftops, terraces, and balconies will overlook the activities at the ground level and offer an array of amenities for residents. 4) An Extension of the Arts. There is an array of indoor and outdoor art installations on Segerstrom properties and others in the area that can virtually or physically become part of an art walk (such as Noguchi’s California Scenario, Serra’s Connector, and Perry’s The Ram). The Village Santa Ana will be an extension of the art walk, showcasing art works in the form of landscaping, stand-alone art pieces, and local artisan retail. Distinctive architecture and high-quality materials will contribute to the character of The Village Santa Ana. 5) Activated Streets. Contrasted with the existing site layout, new residential and commercial buildings will orient toward the streets and retail village and provide easy access for pedestrians. The streetscape and building setbacks along Sunflower Avenue, Plaza Drive, and Bear Street, and internal Project roads will be designed with a cohesive palette of drought-tolerant plants with unique characteristics, brightly colored flowers, and a mix of succulents and trees. 6) Sustainable Foundation. Planning, design, and development of The Village Santa Ana is rooted in sustainability. Like prior generations, this new development will aim to protect and care for the land. Best practices for reduced energy and water consumption, sustainably sourced materials, and integration of pervious surfaces along with thoughtful plant selection will support on-site water retention for this green village community. All of these features and more will ensure a lasting, sustainable development for generations to come. City Council 28 – 12 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 13 5 3 0 1 7) Balance of Land Uses. The Village Santa Ana will contain a broad mix of land uses serving regional, community, and local needs. This includes a mix of retail, restaurant, and entertainment uses that complement South Coast Plaza and contribute to the local Santa Ana economy. The Village Santa Ana will also help meet the significant demand for additional housing in the community. Table 5 provides an analysis of SP-6 that warrants staff’s recommendation of approval of the requested action. Table 5: Key Issues Analysis Key Issue Analysis Scale and Compatibility SP-6 is intended to produce a dynamic, mixed-use village that is integrated into and respects the surrounding community. The GPU land use designation of DC-5 for the Project Site allows developments up to 25 stories tall. SP-6 limits building heights to 25 stories and buildings adjacent to the northern property line will be limited to 8 stories, which is consistent with the GPU. Furthermore, through the City’s DRC process for each phase and design guidelines contained in SP-6, new buildings will be reviewed and designed to be compatible with the existing surrounding uses by including upper story step-backs and other features to reduce upper story massing. Density and Intensity The DC-5 designation of the GPU allows a density of up to 125 du/acre and a maximum FAR of 5.0. SP-6 is consistent with the density and intensity of the GPU. The Project, as designed, is proposing a density of 93 du/acre and a FAR of 3.0, below what is permissible by the GPU. Typical residential densities of existing multiple-family communities in the area range from 16 to 25 du/acre; however, SP-6 includes a variety of development standards, design guidelines, and amenities designed not only to reduce the impact of higher-density residential development, but to also enhance existing community-wide amenities for existing residences surrounding the Project Site. The Project’s density and FAR is comparable with the density of 91 du/acre and FAR of 2.7 approved for SP-5. The Project will feature 7.5 acres of publicly accessible open space, which will be accessible to all Santa Ana residents and programmed with functions to provide active and passive recreation. The Project also includes private residential open space and amenity space that will ensure a livable environment for residents. Onsite Parking The Project will provide approximately 3,439 parking stalls and the parking ratios are consistent with newer developments recently constructed and with the parking ratios approved for the adjacent SP-5. Parking would be provided through a combination of underground parking, above-ground structure parking, and on-street parking. Above- or below-ground structured parking would be provided for each residential, mixed-use, or office building. Underground and on-street parking would be provided adjacent to the proposed village plaza area, which would include retail, food and beverage, among other uses. A portion of these parking spaces would be designated and equipped with charging receptacles for electric vehicles for residential and nonresidential uses in accordance with CALGreen. City Council 28 – 13 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 14 5 3 0 1 Key Issue Analysis A Parking Management Plan (PMP), attached hereto as Appendix E of Exhibit 7, was prepared for the Project to ensure adequate parking is being provided and managed properly for all residents, tenants, employees, and guests. The PMP identifies how parking stalls will be assigned, how gates will be managed, and how access (keycard, access codes) for residents, guests, employees, and the public will be provided. Based on the provided PMP, sufficient parking will be provided to satisfy the parking demand for residents, guests, patrons, and employees of the Project. Nevertheless, a condition of approval requiring the Applicant to implement and enforce the appropriate parking management strategies recommended in the PMP has been included. Affordable Housing and Opportunity Creation Ordinance (AHOCO) The City’s inclusionary housing ordinance, known as AHOCO, generally applies to housing projects proposing five or more units that are also requesting an increase in allowable density or are located in certain sections of the City that were “up-zoned,” such as through zone change or general plan amendment to allow additional residential development after November 28, 2011. As the Project is located in a section of the City that meets this threshold (SBSFA), the Applicant’s request is subject to the AHOCO requirements of production of affordable housing or payment of in- lieu fees. Pursuant to Sections 41-1903 (Exempt Projects) and 41-1904 (Options to Satisfy Inclusionary Requirements) of the SAMC, the Applicant has indicated intent to select the option to pay in-lieu fees at a rate of $5 per square foot of habitable residential area through the requested development agreement. Based on available figures for the Project and under the current ordinance, staff’s analysis of the Project indicates the Project could generate approximately $7,100,000 in in-lieu fees, based on 1,583 units proposed, unit types/mix, and square footages. Any in-lieu fees generated by the Project must be spent on production of affordable housing in the City of Santa Ana. Regional Housing Needs Allocation (RHNA) The State has placed an urgent emphasis on housing of all types. Santa Ana’s RHNA for the current General Plan Housing Element cycle (6th Cycle), which extends from 2021-2029, includes 3,137 housing units. This allocation is for housing units to be constructed to support the anticipated growth in the City over this period. The City has a proven track record of not only planning for housing but issuing building permits for the construction of housing at all affordability categories as demonstrated by exceeding its 5th Cycle (2014-2021) RHNA by over 2,300 percent. The City is also on pace to meet or well exceed its affordable housing and other residential development requirements for the 6th Cycle, far outpacing any city in Orange County, as evidenced by issuing 4,441 permits for housing units across all affordability categories, as detailed in the latest (2024) Housing Element Annual Progress Report, fulfilling 100 percent of its RHNA for above moderate housing. However, very-low, low, and moderate housing numbers have not been met and the Project would assist with AHOCO in-lieu fees that can be utilized to target the remaining housing categories. SP-6 would assist the City in achieving its housing goals in a location where high intensity urban development is City Council 28 – 14 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 15 5 3 0 1 Key Issue Analysis both achievable and consistent with the current and envisioned surrounding urban form. Amendment Application No. 2025-01 Pursuant to Sections 41-659 through 41-667 of the SAMC, the approval of an amendment application (zone change) requires approval of an ordinance by the City Council. Amendment applications may be granted when it can be shown that the request is consistent with the intent and purpose of Chapter 41 (Zoning) of the SAMC, with previous amendments, and it is in substantial conformance with the General Plan. The Applicant is requesting approval of AA No. 2025-01 in order to change the zoning designation of the Project Site from SD-48 to SP-6 in order to guide future development of the Project Site consistent with the GPU and SBSFA. Existing Zoning District Designation Proposed Zoning District Designation The SD-48 zoning district for the Project Site was established in 1989 for the purposes of facilitating the development of the South Coast Plaza Village. The SD-48 zoning district does not allow for residential uses and does not provide the means to achieve the goals and objectives of the Project or the General Plan land designation of DC-5 to produce a dynamic mixed-use village with residential, commercial, and open space land uses. Therefore, approval of the requested amendment application to establish SP-6 is required to implement the vision of the Project and to establish consistency with the General Plan. Vesting Tentative Tract Map No. 2025-06 Subdivision requests are governed by Chapter 34 (Subdivisions) of the SAMC. Pursuant to sections 66473.5 and 66474 of the California Subdivision Map Act (SMA), applications for vesting tentative tract maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal need to be made that find the project is consistent with the General Plan, the site is physically suitable SP6 SP6 City Council 28 – 15 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 16 5 3 0 1 for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property. Using this information, staff has prepared the following analysis, which, in turn, forms the basis for the recommendation contained in this report. In analyzing the Applicant’s request, staff believes that the following analysis warrants approval of VTTM No. 2025-06. The Applicant is seeking approval of VTTM No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six lots, attached hereto as Exhibit 9. The subdivision will allow the financing of individual components of the Project Site due to differences in phasing and funding mechanisms for commercial, residential, mixed-use, service- oriented, parking, and open space components of the Project. The map also details roadway and utility improvements, as well as creation of new private roadways on the Project Site, in order to develop the Project Site as a pedestrian-oriented, mixed-use urban village. Covenants, Conditions, and Restrictions (CC&Rs) will be adopted to define the operating and maintenance requirements. They will also maintain a property owner’s association responsible for maintenance and enforcement of the CC&Rs and will ensure that parking and access can be shared throughout the entire Project Site. In reviewing the Project, staff determined that the proposal, as conditioned, is consistent with the various provisions of the GPU, SAMC, and SMA. The Project Site is physically suitable for the type and density of the proposed Project, and the design and improvements of the proposed Project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Lastly, the design and improvements of the proposed Project will not cause serious public health problems, and will not conflict with any easements necessary for public access through or use of the property within the proposed Project. The Project is located in an urbanized area that is proposed for redevelopment with additional urbanization in the form of commercial, service, residential, and open space land uses, and the Project Site is already served by infrastructure necessary and will be enhanced to support the proposed development. General Plan Consistency The Project implements the vision and objectives of the SBSFA by transforming an auto- oriented shopping center to a walkable, bike-friendly, and transit-friendly urban village that incorporates a mix of high-intensity office and residential living with experiential commercial uses. The Project is consistent with the allowed intensity and density of the DC-5 land use designation of the GPU. The Project also supports several goals and policies of the GPU. Specifically, the Project is consistent with the following goals and policies: City Council 28 – 16 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 17 5 3 0 1 •Policy CM-1.6 (Recreation on Private Property) of the Community Element, of promoting development and use of privately-owned recreation and entertainment facilities that help meet the needs of Santa Ana residents as the Project would include publicly accessible open space that would be made available to the general public through a public access easement with the City and would remain in effect through the life of the Project. Additional information regarding the required public access easement is discussed further in the Development Agreement Section of this report. •Policy CN-1.6 (New and Infill Residential Development) of the Conservation Element encourages development that is mixed use, pedestrian friendly, transit oriented, and clustered around centers. The Project would introduce a mixed-use urban village and encourage experiential commercial uses that are more walkable, bike-friendly, and transit-oriented. The Project would create a commercial core providing for sufficient local serving and destination retail uses, residential opportunities, workplaces, and entertainment amenities to enable residents and shoppers to reduce reliance on the automobile. •Policy EP-3.4 (Complete Communities) of the Economic Prosperity Element encourages the development of “complete communities” that provide a range of housing, services, amenities, and transportation options that support the retention and attraction of skilled workforce and employment. The Project would implement the vision of the SBSFA of creating an urban village that includes a range of uses. The Project would promote a business-friendly environment where businesses thrive and would facilitate a “complete community” with a range of housing, services, and amenities and transportation options to support the retention and attraction of a skilled workforce and employment base. •Policy HE-1.5 (Infrastructure and Public Services) of the Housing Element (HE) encourages the development of quality community facilities, physical infrastructure, traffic management and parking control, and other public services to promote the livability, safety, and vitality of neighborhoods. The Project would provide safe access points for pedestrians and bicyclists and would include new traffic signals along Bear Street and Plaza Drive to improve traffic management. The PMP would also assist in controlling parking impacts. •Policy HE-2.6 (Housing Design) of the HE requires excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive (“green”) building and design practices. One primary objective of SP-6 is to bring high quality design to the Project Site, focusing on green standards, durable materials, visual integrity, and timeless architecture. The Project would incorporate quality design, from the larger design of the commercial and residential structures to the small details of materials, landscaping, pedestrian network, and communal gathering spaces. City Council 28 – 17 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 18 5 3 0 1 •Policy LU-2.1 (Employment Opportunities) of the Land Use Element (LU) encourages a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. The Project would include a mix of land uses that will serve as a catalyst for reinvestment, stimulate economic activity, commerce, and new development opportunities in and around the SBSFA. The Project would also have a positive contribution to the local economy through new capital investment, the creation of jobs, and the expansion of the tax base through the Project’s long-term investment and commitment to the City of Santa Ana. •Policy LU-2.3 (Supportive Spaces) of the LU element encourages providing a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues. One of the primary goals of the Project is to foster a neighborly environment where residents can live, work, and recreate in a vibrant village community. The Project would encourage walkability, safety, shopping, and dining, and would create community centric spaces for residents of all ages and abilities. •Policy LU-2.10 (Smart Growth) of the LU element emphasizes focusing high density residential in mixed-use villages, designated planning focus areas, downtown Santa Ana, and along major travel corridors. The Project is located with the SBSFA, a planned focus area. The Project would achieve the vision of the SBSFA of creating high density housing within and along a mixed-use village that would be the hub of activity, designed as a park-like setting that would create an intimate and relaxing environment. •Policy M-1.2 (Balanced Multimodal Network) of the Mobility Element (M) encourages providing a balanced and equitable multimodal circulation network that reflects current and changing needs. The Project would accommodate a variety of transportation within and to/from the Project Site, including automobiles, walking, bikes, and rideshare. The Project would include an internal pedestrian network providing multiple access points along Bear Street, Sunflower Avenue, and Plaza Drive. Additionally, the Project would include for new bike lanes through and around the Project Site and bicycle parking stations. •Policy OS-1.9 (New Development) of the Open Space (OS) Element requires all new development to provide adequate parks and open space, including via parkland dedication or development fees, in order to meet the City’s Park standard. Ensure that new development includes pedestrian and multi-modal travel ways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. The Project would provide approximately 7.5 acres of publicly accessible open space, consisting of both active and passive open space that would be open to the general public through a City Council 28 – 18 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 19 5 3 0 1 public access easement with the City and would remain in effect through the life of the Project. Additionally, the Project would require 90 square feet of private open space and 100 square feet of active or passive open space per unit. The Project also prioritizes open space as a key placemaking feature of the development. •Policy OS-2.1 (Recreation Variety) of the OS element encourages a variety of recreation facilities and activities to meet the diverse needs of the community. It also encourages the need for indoor and outdoor recreation opportunities, as well as traditional and trending activities. The Project would feature key open space areas. The Promenade has been designed to draw pedestrians from the residential area west of Bear Street, South Plaza Drive, and beyond to create a distinct destination along Sunflower Avenue. The Square is intended to be an intimate hub for public gathering, events, and relaxation from day to night. Various seating areas, water features, and experiential lighting and art are envisioned to activate the Square. A Fitness Loop would encircle and thread through the Project Site and include special markers to provide a continuous fitness path for residents and neighbors. The Recreation Lawn has been designed as an area where the community and their pets can gather and relax in a low-water-grass space. Moreover, the Project is consistent with and supports Implementation Action No. LU-2.12 (Distinctive Districts) of the LU that requires the development and adoption of specific plans or corridor plans for each of the five focus areas that establish regulations and design standards. A full list of all applicable General Plan goals and policies that support the Project are attached hereto as Appendix B of Exhibit 7. Development Agreement No. 2025-01 The Applicant has requested approval of a development agreement, DA No. 2025-01. Development agreements are contracts negotiated between project proponents and public agencies, such as the City of Santa Ana, that govern the land uses that may be allowed in a particular project (Gov. Code Section 65864 et seq.). Although a development agreement is subject to negotiation, allowable land uses must be consistent with the local planning policies formulated by the legislative body through its general plan and consistent with any applicable specific plan, such as the proposed SP-6 (Gov. Code Section 65867.5). In addition, approval of a development agreement, requires adoption of an ordinance by the City Council. To evaluate DA No. 2025-01 and identify priorities for agreement terms, the City Council formed an Ad Hoc committee in March 2025 comprised of three City Council members. The Ad Hoc committee met to review the Applicant’s proposed terms, identify community priorities, and ensure that the final agreement addressed the Ad Hoc committee’s priorities. While review of a development agreement is a private contractual process, the extensive community engagement process and routine staff meetings with City Council City Council 28 – 19 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 20 5 3 0 1 members ensured that community priorities were effectively communicated to the Ad Hoc committee and informed the negotiation process. DA No. 2025-01 contains an initial term (duration), extension process, community benefits, indemnification, monitoring and reporting, inclusionary housing, open space, infrastructure, modifications, and other relevant items, attached hereto for reference as Exhibit 8. These terms have been crafted to ensure the Project is of high-quality with positive financial impacts to the City. Table 6 provides a summary of major deal points in DA No. 2025-01. Table 6: DA Major Deal Points Deal Point Ad Hoc Committee Recommendation Proposed by DA Term (Duration) and Extension One 20-year term, and one five- year automatic extension. Extension subject to construction commencement of no less than 50,000 square feet of commercial area and 360 residential dwelling units. Applicant has agreed to this term and proposed agreement was modified to capture this change. Timing of Development No building permits for residential units shall be issued in excess of 360 residential units until building permits are obtained for at least 50,000 square feet of commercial space. Applicant has agreed to this term and proposed agreement was modified to capture this change. Community Benefit Payments Accept Community Benefit Payment of $9,300,000 but provide a larger upfront payment and provide payments in less intervals. Applicant has revised the proposed agreement to provide the Community Benefit Payment in four payments instead of five and increased Payment No. 1 by $500,000. Payments will be provided as follows: •Payment No. 1 of $2,500,000 prior to demolition permits being issued; •Payment No. 2 of $3,600,000 prior to permit issuance of Phase 2 •Payment No. 3 of $1,300,000 prior to permit issuance of Phase 3 •Payment No. 4 of $1,900,000 prior to permit issuance of Phase 4 Open Space Accept the construction of 7.5 acres of publicly accessible open space to satisfy the City’s park provision and fee requirements. The developer Applicant has agreed to these terms. The SEIR prepared for the Project identifies that the Project will result in a demand for 11.4 acres of parkland, which City Council 28 – 20 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 21 5 3 0 1 Deal Point Ad Hoc Committee Recommendation Proposed by DA must enter into a public access easement for the publicly accessible open space, which must be recorded against the Property Site for the life of the Project. is 3.9 acres more than the 7.5 acres being proposed. However, the Project will remain consistent with the General Plan pursuant to Table OS-3 (Open Space Element Implementation) of the General Plan, Action Nos. 1.7 and 1.10. Action No. 1.7, which recognizes the challenges and difficulty in creating new open space and parklands in a built-out environment and provides for a reduction in on-site open space by giving credits for park land for public use as an incentive toward developer creation of open space areas that are accessible to the public. Action No. 1.10 encourages collaboration with property owners to provide public access and programming on private open space. Inclusionary Housing Fee Accept payment of $5 per square feet of habitable space Applicant has agreed to these terms. Pursuant to SAMC Section 41-1903(a), the Applicant has proposed a development agreement to comply with Section 41-1904 of the SAMC, allowing payment of in-lieu fees. SAMC Section 41-1904 provides options to satisfy the AHOCO, including on-site units, off-site units, and payment of in-lieu fees. For projects containing 20 or more units, the in-lieu fee is as high as $15 per square feet, but may be as low as $5 per square feet if determined by a development agreement or if using skilled and trained workforce. The in-lieu fees for the Project are estimated to be $7,100,000. Overrule of Airport Land Use Commission’s Inconsistency Determination Pursuant to Section 21676(b) of the PUC, on June 19, 2025, the ALUC for Orange County held a public hearing on the Project and found the Project to be inconsistent with the AELUP for JWA per: •Section 2.1.3 of the AELUP for JWA which states that a Determination of No Hazard to Air Navigation does not automatically equate to a Consistency determination by the ALUC and that the Commission may find a project Inconsistent based on an Obstruction determination; and City Council 28 – 21 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 22 5 3 0 1 •Section 3.2.1 of the AELUP for JWA which states that “within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which … permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or permits activities or facilities that would affect adversely aeronautical operations.” As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's determination of inconsistency by following the procedure established in PUC sections 21676 and 21676.5. As part of the GPU, the City Council adopted a resolution on April 19, 2022, in accordance with the procedure established in PUC sections 21676 and 21676.5 to overrule the ALUC’s finding that the GPU was inconsistent with the AELUP for JWA. The action to overrule the ALUC’s decision on the GPU was based on the desire to advance the vision for the South Bristol Street and 55 Freeway/Dyer Road focus areas, which envision a dynamic, mixed-use environment with building heights and massing ranging from six to 25 stories. At their July 15, 2025, meeting, City Council authorized staff to initiate the process for the City Council to consider the Project and to propose overriding the determination made by the ALUC by (1) issuing a Notice of Intent to Overrule and (2) giving notice to the ALUC of its decision to overrule as required by PUC Section 21676(b). On July 16, 2025, the Planning Division provided a Notice of Intent to Overrule the Commission’s determination with findings to the ALUC and Caltrans Division of Aeronautics. On August 12, 2025, Caltrans Division of Aeronautics responded to the City’s Notice of Intent, attached hereto as Exhibit 13 for City Council’s review and consideration, and on August 15, 2025, ALUC responded to the City’s Notice of Intent, attached hereto as Exhibit 14 for City Council’s review and consideration. PUC Section 21676 permits the City Council, by a two-thirds vote of the members constituting a quorum, to overrule the ALUC’s determination if it finds that the proposed project is consistent with the purposes of the State Aeronautics Act. The Act states: “It is the public interest to provide for the orderly development of each public use airport in this State and the area surrounding these airports so as to promote the overall goals and objectives of the California noise standards…and to prevent the creation of new noise and safety problems.” Based on staff’s review of the Project, the Project will not adversely impact the operations of the airport, the future development plans that exists for the airport, the approaches to the airport runways, create noise concerns, or create public health, safety, or welfare concerns. Additionally, the Project falls within a level of acceptable risk considered to be a community norm. Multiple taller structures than those proposed in the Project Site exist closer to the airport and its runways, notably in the cities of Costa Mesa, Irvine, and Newport Beach. Out of an abundance of caution and consistent with past practice, the Applicant will be required to record an avigation/aviation easement with both the County City Council 28 – 22 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 23 5 3 0 1 and the City to prevent claims, actions, or lawsuits for nuisance or interference with the use of the property against the City and JWA. Community Engagement and Public Notification Due to the complexity and scale of the Project, public outreach and notification were conducted using a variety of manners to engage broad segments of the community. Community engagement and public notification processes for the Project exceeded the minimum requirements of the City. Upon submittal of the proposed Project to the City, staff met with the Applicant to provide information about the various neighborhood associations, business groups, and other communities surrounding the Project Site. Staff and the Applicant routinely attended community meetings in the vicinity of the Project Site to provide updates, receive feedback, and answer questions. Details of the public engagement component of the Project is also documented within SP-6, attached hereto as Exhibit 7. Sunshine Ordinance Community Meetings and Additional Community Meetings In accordance with Article II.II (Public Meetings for Certain Development Projects) of Chapter 2 (Administration) of the SAMC, the Project hosted its first Sunshine Ordinance community meeting on August 23, 2023. Approximately 150 people attended the meeting, which was held at the Westin South Coast Plaza. The meeting was led by the Applicant’s community liaison whom gave a presentation on the Project before opening the floor to questions. The majority of the questions from attendees focused on traffic and parking. There were also questions about rent versus for sale housing, how the Project would address affordable housing, and the viability of office space. Questions were addressed by the Applicant’s team. Meeting materials providing additional information on the Project including location and history, circulation and parking, architecture and design, infrastructure systems, land use, and vision and guiding principles were available throughout the room. Participants were also able to provide comments and questions via comment cards and sign up for email updates. Following the meeting, the meeting materials were made available on the City’s Project webpage. The second required Sunshine Ordinance meeting was held on November 8, 2023. Approximately 80 people attended the second meeting, which was held at the Westin South Coast Plaza. The Applicant’s community liaison led the meeting and gave a presentation on the Project before opening the floor for questions. The questions covered topics regarding traffic and parking, project schedule and construction, affordable housing and rents, and access to future amenities. Similar to the first meeting, participants were able to provide comments and questions via comment cards and sign up for email updates. The Project email and website were also promoted. Following the meeting, the meeting materials were made available on the City’s Project webpage. City Council 28 – 23 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 24 5 3 0 1 In addition to the required Sunshine Ordinance meetings, the Applicant has held and attended over 100 community meetings, including attending and presenting at large and small group meetings and individual one-on-one meetings. The Applicant has made themselves available for feedback from the general public and has returned countless phone calls, messages, and other correspondences. The Project has a dedicated community liaison with relationships in the community who has provided and continues to ensure up-to-date information is available to all members of the community. Lastly, City staff have made themselves available on a regular basis to answer the community’s questions about the Project through in-person and virtual meetings. Online Content As required by the Sunshine Ordinance, the City also established a Project webpage. The webpage has been routinely updated with Sunshine Ordinance meeting materials, Project information, key meeting dates, draft environmental documents, and the draft specific plan. The webpage also contains the City’s contact information with a direct phone number and email address to the Case Planner. In addition, the Applicant created a Project website and email to provide a broad overview of the Project and gather input from those who could not attend in-person meetings. Planning Commission Work-Study Session A Planning Commission work-study session was held on June 23, 2025, during which members of the Planning Commission were provided a presentation on the Project, its status at the time of the work-study session, and an opportunity to provide general comments and pose questions. The public comment portion of the meeting was opened to allow for any Project-related public comment on the Project. Mandatory Public Hearing Notification Measures Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 2,000-foot notification radius map, and the site posting are provided in Exhibit 11. In addition, even though the Project Site is not located within the boundaries of any neighborhood association, staff contacted the provided contacts for the Sandpointe, South Coast, Republic Homes, Metro Classic, Morning Sunwood, Thornton Park, Sunwood Central, and the Rosewood Baker neighborhood associations to ensure they were aware of the Project and public hearings. ENVIRONMENTAL IMPACT GPU Final Program Environmental Impact Report (“Final PEIR”) In April 2022, the City certified the GPU Final PEIR (SCH No. 2020029087) and adopted the GPU. The GPU Final PEIR is a program environmental impact report that examines City Council 28 – 24 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 25 5 3 0 1 the existing environment and the total scope of environmental effects that would occur as a result of buildout of the GPU land uses. The GPU Final PEIR comprehensively evaluated the potential environmental impacts stemming from adoption of the GPU and subsequent implementing projects. Moreover, this type of environmental document allows subsequent implementing activities, such as the proposed Project, to be evaluated through “tiering.” Tiering refers to the coverage of general matters in broader EIRs, such as the GPU Final PEIR, with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared, such as in the case of the Project’s Supplemental EIR. Tiering is appropriate when the sequence of EIRs is (1) from a general plan, policy, or program EIR to a program, plan, or policy EIR of lesser scope or to a site- specific EIR, (2) from an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. The Project Site is located within the SBSFA and has a land use designation of DC-5, which has a maximum FAR of 5.0, a maximum of 125 dwelling du/ac, and a maximum height of 25 stories. This level of redevelopment was included in the GPU Final PEIR buildout, and applicable mitigation measures were identified, as necessary, to reduce impacts. A project is consistent with the GPU if the development density and intensity does not exceed what was contemplated and analyzed in the certified GPU EIR and complies with the associated standards applicable to that development density (State CEQA Guidelines Section 15183(i)(2)). Supplemental Environmental Impact Report (SEIR) In compliance with CEQA, and as required by Public Resources Code (PRC) Section 21166 and CEQA Guidelines Section 15162, the City of Santa Ana has prepared a SEIR that evaluates the potential of the proposed Project to result in new or substantially greater environmental impacts than previously identified in the GPU Final PEIR. The City’s certified PEIR examines the impacts associated with buildout of the Santa Ana General Plan. Once a Program EIR is prepared, subsequent activities within the program or changes to the program must be evaluated to determine whether additional CEQA documentation needs to be prepared. The Project Site is within the SBSFA and development of the site was analyzed in the GPU Final PEIR at a programmatic level at 5.0 FAR and 125 du/ac assumption per the GPU DC-5 land use designation. The Project proposes a phased redevelopment of the Project Site, consistent with the DC-5 land use designation, and the City conducted project-level analysis to determine if the development of the Project would involve new significant environmental effects or a substantial increase in the impacts that were previously identified in the GPU Final PEIR. Following this project-level analysis, the City of Santa Ana prepared an SEIR that evaluated the potential of the proposed Project to result in new or substantially greater impacts than previously identified; applied the mitigation measures prescribed in the GPU FEIR; and where new or more significant City Council 28 – 25 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 26 5 3 0 1 impacts were identified, included Project specific mitigation measures. In addition, where impacts could not be mitigated to below a less than significant level, the SEIR made new significant and unavoidable findings. The Project’s SEIR also provides information regarding short-term, long-term, direct, indirect, and cumulative environmental effects of the Project. It identifies feasible mitigation measures and alternatives that would minimize or eliminate the potentially significant impacts associated with implementation of the Project. SEIR’s Notice of Preparation On November 3, 2023, the City sent to the Office of Land Use and Climate Innovation (LCI) and each responsible trustee agency a Notice of Preparation (NOP), stating that a SEIR would be prepared for the Project. A total of nine comments were received during the 30-day NOP review period which began on November 3, 2023, and ended on December 3, 2023. SEIR Scoping Meeting Pursuant to PRC Section 21083.9 and CEQA Guidelines sections 15082(c)(1) and 15083, the City hosted a public scoping meeting on November 15, 2023, to solicit comments on the scope of the environmental review of the proposed Project. Approximately 15 residents attended the meeting and raised concerns about traffic, pedestrian safety, and construction noise and debris. These issues were addressed in the Draft SEIR. In addition, participants were encouraged to submit comments on paper or via email to ensure inclusion in the draft SEIR and environmental analyses. Draft and Final SEIR Public Review and Availability The City determined at the onset of review and preparation based on analyses, the GPU Final PEIR, existing site conditions, setting, and responses to the NOP, that the Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the SEIR: Aesthetics, Agriculture and Forestry Resources, Biological Resources, Mineral Resources, and Wildfire. In particular, with respect to aesthetics, PRC Section 21099 provides that “aesthetic and parking impacts of a residential, mixed-use residential, or employment center project on an infill site within a transit priority area shall not be considered significant impacts on the environment.” Here, the proposed Project is located in a Transit Priority Area and therefore the SEIR did not include a detailed analysis of aesthetics. However, a discussion on the topic is included in the Land Use and Planning section of the SEIR. For each topical area of potential significance, the SEIR evaluates impacts of the Project, what was evaluated by the GPU Final PEIR, mitigation measures already in place and adopted by the GPU Final PEIR’s MMRP, and project-specific mitigation measures. City Council 28 – 26 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 27 5 3 0 1 Section 15126.2(b) of the CEQA Guidelines requires an EIR to describe “any significant impacts, including those which can be mitigated but not reduced to a level of insignificance.” Potential environmental effects of the proposed Project and mitigation measures are discussed in detail throughout Chapter 4 of the Draft SEIR. The Draft SEIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas: air quality, cultural resources, geology and soils, noise, and tribal cultural resources. However, the Draft SEIR concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts to recreation. The impacts do not increase the severity of the impacts identified in the GPU Final PEIR. As detailed in Section 4.12 of the SEIR (Recreation), the City currently has approximately 1.2 acres of public park and/or recreational space per every 1,000 residents, which is below the City’s parkland aspirational standard of three acres of parkland per 1,000 residents. Based on the City’s parkland aspirational standard of three acres of public park and/or recreational space per 1,000 residents, buildout of the Project results in a need for approximately 11.4 additional acres of parkland to serve the estimated 3,815 new residents of the Project Site. The 7.5 acres of publicly accessible open space by the Project would be approximately 3.9 acres less than the City’s parkland aspirational standard. Although the proposed Project and cumulative projects would be required to provide park and recreational facilities, private open space, and/or pay in-lieu fees as required by the SAMC, the impacts related to the amount of parkland within the City would be cumulatively considerable and cumulative impacts related to parks and recreational facilities would be significant. The SEIR also evaluated the following alternatives to the proposed Project that would feasibly avoid or lessen the proposed Project’s significant environmental impacts while attaining most of the proposed Project’s objectives: Alternative 1 (No project/No build), Alternative 2 (Reduced project alternative that reduces the commercial component to 50,000 square feet and eliminates the 300,000-square-foot office), and Alternative 3 (Reduced project alternative with no subterranean parking that would reduce the proposed residential units to 1,000 units, reduce the commercial component to 25,000 square feet, and eliminate subterranean parking). A detailed analysis of environmental impacts and feasibility of each alternative is included in the Final SEIR. A MMRP has been prepared for the Project and is attached to the resolution certifying the Final SEIR No. 2025-01. A Statement of Overriding Considerations will be necessary should the City Council decide to approve the Project because of the significant and unavoidable impacts to recreation. The Statement of Overriding Considerations and Findings for the Project is attached hereto as Exhibit A to Exhibit 1. As required by CEQA Guidelines Section 15087(a), the City filed a Notice of Completion with LCI, State Clearinghouse, indicating that the Draft SEIR had been completed and was available for public review. On April 17, 2025, a Notice of Availability (NOA) of the City Council 28 – 27 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 28 5 3 0 1 Draft SEIR was published and the Draft SEIR was circulated for a 52-day public review and comment period from April 17, 2025, through June 29, 2025. During the public comment period, copies of the Draft SEIR and technical appendices were available for review and inspection at City Hall, on the City’s project webpage, and at the Southwest Senior Center. The City received a total of eight comments from various individuals, organizations, or government agencies during this period. On August 8, 2025, the City released the Final SEIR, which contains the Draft SEIR, all technical appendices prepared in support of the Draft SEIR, all written comment letters received on the Draft SEIR, written responses to all written comment letters received on the Draft SEIR, and errata to the Draft SEIR and technical appendices. In accordance with PRC Section 21092.5, copies of the written responses to public agencies that submitted comments during the 45-day review period will be forwarded to those agencies at least 10 days prior to certification of the Final SEIR by the City Council, with copies of the Final SEIR document. Pursuant to CEQA Guidelines Section 15089(b), lead agencies may provide an opportunity for review of the Final SEIR by the public or by commenting agencies before a project is approved, but is not required to do so; the Final SEIR is available for review on the City’s website at https://www.santa-ana.org/supplemental- environmental-impact-report-the-village-santa-ana-specific-plan/, at the Southwest Senior Center, and at City Hall. Staff recommends that the City Council certify the Final SEIR and adopt the MMRP for the Project, and adopt CEQA Findings of Fact and Statement of Overriding Considerations. The entire Final SEIR and all required components, including comments, responses, detailed analyses, and the MMRP, are contained within Exhibit 6 of this report. FISCAL IMPACT The GPU Land Use Element requires projects proposing a zone change, such as the proposed project, to evaluate economic, fiscal, and community benefits impacts through various analyses (Policy Nos. LU-2.4, LU-3.1, and Implementation Action No. LU-1.2). In accordance with the GPU, the Applicant prepared a market, fiscal, and economic analysis, attached hereto as Appendix C of Exhibit 7, that was peer-reviewed by a City consultant. The analysis concludes that given the amenity-rich environment of the Project Site, its location in a market area with higher than average rents, and the relatively low vacancy rates of nearby mixed-use and multiple-family residential communities, the Project’s residential, commercial, and office components could be absorbed by the market area. The other reports’ conclusions about the proposed Project and its impacts are outlined in Table 7 below. City Council 28 – 28 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 29 5 3 0 1 Table 7: Key Economic, Fiscal, and Community Benefits Findings Topic Existing Site Proposed Project Net Change Key Economic Benefit Findings One-Time Impacts Not applicable 8,658 city-captured jobs, including direct, indirect, and induced full- and part-time jobs; $700 million city- captured labor income; and $1.1 billion city- captured economic output Not applicable Recurring (Ongoing) Impacts Estimated 280 jobs 1,167 city-captured jobs, including direct, indirect, and induced full- and part-time jobs; $133 million city- captured labor income; and $119 million city- captured economic output Increase of 887 jobs. Jobs-Housing Balance 156,000 jobs city-wide; 83,005 housing units city-wide; and 1.88 jobs-housing balance 157,167 jobs city-wide; 84,588 housing units city-wide; and 1.86 jobs-housing balance 1,167 jobs resulting from the project; 1,583 new housing units; 0.02 decline jobs-housing balance, resulting in a positive shift toward the direction of a 1:1 job- housing balance Key Fiscal Impacts Findings Total Annual Site Revenues to the City’s General Fund $525,000 $5,493,100 $4,968,100 Total Annual Site Expenditures from the City’s General Fund (Cost of Services) $190,000 $2,824,500 $2,634,500 Net Annual Site General Fund Fiscal Impact to the City $335,000 $2,668,600 $2,333,600 Land Residual Value Findings Total Net Assessed Value (NAV) Not applicable $1,265,000,000 Not applicable Total Costs Not applicable $1,100,000,000 Not applicable Excess of NAV over Costs Not applicable $165,000,000 Not applicable City Council 28 – 29 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 30 5 3 0 1 Topic Existing Site Proposed Project Net Change Community Benefits Impacts Findings Housing Construction None 1,583 units 1,583 units, assisting the City with meeting its RHNA allocations Community Benefit Payment None $9.3 million $9.3 million for community benefits that the City Council can determine how to utilize Affordable Housing In- Lieu Funds None $7.1 million in in-lieu fees $7.1 million in in-lieu fees that can be used for the construction of affordable housing in the City Publicly Accessible Open Space None 7.5 acres 7.5 acres of publicly accessible open space that will be made available to the general public through an easement Urban Design and Image of the City Traditional, suburban shopping center with surface parking Contemporary, iconic mixed-use urban village with mid- and high-rise structures, urban village street network, bicycle lanes, on-street parking, outdoor dining areas, and high-quality furnishings Enhancement of the City at a key gateway intersection (Bristol Street and Sunflower Avenue), capitalizing on the success of South Coast Plaza and adjacency to the I-405 freeway EXHIBITS 1. Resolution (1) certifying the Final SEIR No. 2025-01 (SCH No. 2020029087) for the Project, (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project, (3) adopting a MMRP for the Project, and (4) approving the Project. 2. Ordinance approving Amendment Application No. 2025-01 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Property Site from Specific Development No. 48 (SD-48) to Specific Plan No. 6. 3. Ordinance approving Development Agreement No. 2025-01. 4. Resolution approving Vesting Tentative Tract Map No. 2025-06 (County Map No. 2023-159), as conditioned. City Council 28 – 30 9/16/2025 The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 31 5 3 0 1 5. Resolution overruling the Orange County Airport Land Use Commission’s determination that the Project is inconsistent with the AELUP of JWA, including supportive findings. 6. Link to Final Supplemental Environmental Impact Report 7. Link to The Village Santa Ana Specific Plan and Appendices 8. Development Agreement 9. Vesting Tentative Tract Map No. 2025-06 10.Link to Sunshine Ordinance Meeting Materials 11.Responses to Planning Commission Comments Received Prior to the 3:30 p.m. deadline on August 11, 2025 12.Link to Planning Commission Agenda Packet 13.Caltrans Division of Aeronautics Response to City’s Notice of Intent 14.ALUC Response to City’s Notice of Intent 15.Copy of Public Notice Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency Approved By: Alvaro Nuñez, City Manager City Council 28 – 31 9/16/2025 Resolution No. 2025-XXX Page 1 of 7 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, in April 2022, the City of Santa Ana (“City”) certified the General Plan Update (GPU) Final Environmental Impact Report (FEIR) (SCH No. 202002908) and adopted its GPU; and WHEREAS, the GPU Land Use Element guides development by designating land uses, evaluates the potential environmental effects associated with implementation of the GPU, and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts; and WHEREAS, The Village Santa Ana Specific Plan Project (“Project”) site is located within the GPU South Bristol Street Focus Area (SBSFA) and is consistent with the GPU land use designation; and WHEREAS, the Project includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W est Sunflower Avenue; 3820, 3840, and 3951 South Plaza Drive; and 3811 and 3851 South Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451-01, 412-451-02, 412-451-03, and 412-451-04), collectively referred to as 1561 W. Sunflower Avenue (“Project Site”). WHEREAS, the Project entails, among other things: (1) demolition of the existing structures on the Project Site; (2) the establishment of a new The Village Santa Ana Specific Plan (SP No. 6) and a change of zone for the Project Site from Specific Development No. 48 (SD-48) to SP No. 6 designation; (3) redevelopment of the Project Site into an urban village consisting of up to 1,583 residential units, 80,000 square feet of retail space, and 300,000 square feet of office space, including 7.5 acres of publicly accessible open space and onsite parking and landscaping; and (4) approval of Vesting Tentative Tract Map (VTTM) No. 2025- 06; and WHEREAS, the City, in accordance with the California Environmental Quality Act (CEQA), determined that a Supplemental Environmental Impact Report (SEIR) to the GPU FEIR is required to evaluate the potential of the Project to result in new or substantially greater environmental impacts than previously identified in the GPU FEIR, and therefore did not prepare an initial study in accordance with State CEQA Guidelines Section 15063(a); and City Council 28 – 32 9/16/2025 Resolution No. 2025-XXX Page 2 of 7 WHEREAS, pursuant to Section 21067 of the Public Resources Code, and State CEQA Guidelines Section 15367, the City of Santa Ana is the lead agency for the Project; and WHEREAS, pursuant to State CEQA Guidelines Section 15082, on November 3, 2023, the City sent to the Office of Land Use and Climate Innovation and each responsible and trustee agency a Notice of Preparation (NOP), which was also published in the Orange County Register, a newspaper of general circulation in the City of Santa Ana, stating that a SEIR would be prepared; and WHEREAS, nine comment letters were received in response to the NOP; and WHEREAS, pursuant to Public Resources Code Section 21083.9 and State CEQA Guidelines sections 15082(c) and 15083, the City held a duly noticed scoping meeting on November 15, 2023, to solicit comments on the scope of the environme ntal review of the proposed Project, and two (2) written comments were received; and WHEREAS, a Draft Supplemental Environmental Impact Report (Draft SEIR) (SCH No. 2020029087) was prepared for the Project addressing comments received in response to the NOP and evaluating the proposed Project’s potentially significant environmental impacts; and WHEREAS, the Draft SEIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas: air quality, cultural resources, geology and soils, noise, and tribal cultural resources; and WHEREAS, the Draft SEIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to recreation; and WHEREAS, in accordance with State CEQA Guidelines Section 15085, a Notice of Completion (NOC) was prepared and filed with the Office of Land Use and Climate Innovation on April 17, 2025; and WHEREAS, as required by State CEQA Guidelines Section 15087(a), the City provided Notice of Availability of the Draft SEIR to the public at the same time that the City sent the NOC to the Office of Land Use and Climate Innovation on April 17, 2025; and WHEREAS, during the public comment period, copies of the Draft SEIR and technical appendices were available for review and inspection at City Hall, on the City’s website, and at the City of Santa Ana Southwest Senior Center; and WHEREAS, consistent with State CEQA Guidelines Section 15087(e), the Draft SEIR was circulated for a 52-day public review and comment period from April 17, 2025, to June 9, 2025; and WHEREAS, during the public review and comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines Section 15086; and City Council 28 – 33 9/16/2025 Resolution No. 2025-XXX Page 3 of 7 WHEREAS, the City received eight (8) written comment letters on the Draft SEIR; and WHEREAS, pursuant to Public Resources Code Section 21092.5, the City provided copies of its responses to commenting public agencies at least ten (10) days prior to the City’s consideration of the Final SEIR, on August 4, 2025; and WHEREAS, on August 4, 2025, the City released the Final SEIR; and WHEREAS, the Final SEIR consists of the Draft SEIR, all technical appendices prepared in support thereof; all documents incorporated by reference, all written comments letters received on the Draft SEIR, written responses to all written comments letters and verbal comments received on the Draft SEIR, revisions to the Draft SEIR and technical appendices, the Mitigation Monitoring and Reporting Program (MMRP), and Statement of Overriding Considerations; and WHEREAS, on August 11, 2025, the Planning Commission conducted the public hearing to consider the Final SEIR and the Project, and solicited comments on the document. After hearing all relevant testimony from staff, the public and the City’s consultant team, the Planning Commission voted to recommend that the City Council certify the SEIR for the Project, adopt Environmental Findings of Fact and a Statement of Overriding Considerations for the Project, adopt a MMRP for the Project, and approve the Project; and WHEREAS, on September 16, 2025, the City Council held a duly noticed public hearing to consider the Final SEIR and the Project, at which hearing members of the public were afforded an opportunity to comment and the Project was fully considered; and WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the Final SEIR; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision and recommendations on the Project; and WHEREAS, all of the requirements of the Public Resources Code and the CEQA Guidelines have been satisfied by the City in connection with the preparation of the Final SEIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the Final SEIR prepared in connection with the Project sufficiently analyzes the Project’s potentially significant environmental impacts, and the Final SEIR analyzes a range of feasible alternatives to address whether these effects can be reduced to a level of less than significant; and WHEREAS, the City has made certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and City Council 28 – 34 9/16/2025 Resolution No. 2025-XXX Page 4 of 7 WHEREAS, the City finds that the Project’s environmental topics that would result in no impact, as identified in the Final SEIR, are described in Chapter 4 of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the Project’s environmental impacts that are less than significant without implementation of project-specific mitigation measures, as identified in the Final SEIR, are described in Chapter 4 of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the Project’s impacts that, without mitigation, would result in significant adverse impacts, and that upon implementation of the mitigation measures provided in the Final SEIR, would be considered less than significant, are described in Chapter 5 of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the Project’s impacts that, even with mitigation measures, would remain significant and unavoidable are described in Chapter 6 of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the cumulative impacts of the Project identified in the Final SEIR and set forth herein, are described in Chapters 4, 5, and 6 of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the potential significant irreversible environmental changes that would result from the proposed Project are described in Chapter 7 of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the existence of any growth -inducing impacts and commitment of resources resulting from the proposed Project are described in Chapter 8 of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the reasonable alternatives to the Project are described in Chapter 9 of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the Statement of Overriding Considerations that indicates the benefits of the Project outweigh the unavoidable significant environmental effects is described in Chapter 10 of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, all the mitigation measures identified in the Final SEIR and necessary to reduce the potentially significant impacts of the Project to a level of less than significant are set forth in the MMRP, attached hereto as Exhibit B; and WHEREAS, prior to acting on the Project, the City has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the Final SEIR and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Final SEIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and City Council 28 – 35 9/16/2025 Resolution No. 2025-XXX Page 5 of 7 WHEREAS, no comments made in the public hearing conducted by City Council and no additional information submitted to the City Council have produced substantial new information requiring recirculation of the Final SEIR or additional environmental review of the Project under Public Resources Code Section 21092.1 and State CEQA Guidelines Section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. The City Council hereby finds that it has been presented with the Final SEIR, which it has reviewed and considered, and further finds that the Final SEIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines, and that the Final SEIR reflects the independent judgment and analysis of the City, acting as lead agency for the Project. Section 3. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance,” as defined by State CEQA Guidelines Section 15088.5, has been received by the City after circulation of the Final SEIR that would require recirculation of the Final SEIR. Section 4. The City Council hereby: A. Certifies the Final SEIR based on the entirety of the record of proceedings. B. Adopts the Findings of Fact and Statement of Overriding Considerations, attached hereto and incorporated herein as Exhibit A, after balancing the significant and unavoidable recreation impacts of the proposed Project against the benefits of the proposed Project. C. Adopts the MMRP attached hereto and incorporated herein as Exhibit B, consistent with Public Resources Code Section 21081.6; makes implementation of the mitigation measures in the MMRP a condition of approval of the Project; and finds in the event of any inconsistencies between the mitigation measures set forth herein and the MMRP, the MMRP shall control. D. Directs City staff to cause a Notice of Determination to be filed and posted with the County of Orange Registrar-Recorder/County Clerk and the State Clearinghouse within five working days of the City Council’s final Project approval. City Council 28 – 36 9/16/2025 Resolution No. 2025-XXX Page 6 of 7 Section 5. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Planning Manager is the custodian of records for the record of proceedings. This information is provided pursuant to Public Resources Code Section 21081.6. 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. ADOPTED this _____ day of _______________, 2025. _________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _________________________ Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: _______________________________________ NOES: Councilmembers: _______________________________________ ABSENT: Councilmembers: _______________________________________ ABSTENTIONS: Councilmembers: _______________________________________ City Council 28 – 37 9/16/2025 Resolution No. 2025-XXX Page 7 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ____________________, 2025. Date: _______________ _________________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 28 – 38 9/16/2025 City Council 28 – 39 9/16/2025 CEQA Findings of Fact and Statement of Overriding Considerations for The Village Santa Ana Specific Plan Project State Clearinghouse No. 2020029087 Lead Agency: City of Santa Ana 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 August 2025 City Council 28 – 40 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations i TABLE OF CONTENTS SECTION PAGE NO. CHAPTER 1 INTRODUCTION ..................................................................................................... 1-1 1.1 Statutory Requirements ............................................................................................... 1-1 1.2 Document Format ........................................................................................................ 1-2 1.3 Location and Custodian of Record of Proceedings ..................................................... 1-3 CHAPTER 2 PROJECT SUMMARY ............................................................................................ 2-1 2.1 Description of Project Proposed for Approval .............................................................. 2-1 2.2 Agreements, Permits, and Approvals .......................................................................... 2-2 2.3 Project Objectives ........................................................................................................ 2-3 CHAPTER 3 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION ................................... 3-1 CHAPTER 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES ........................................................................... 4-1 4.1 Aesthetics .................................................................................................................... 4-1 4.2 Agriculture and Forestry Resources ............................................................................ 4-3 4.3 Air Quality .................................................................................................................... 4-4 4.4 Biological Resources ................................................................................................... 4-6 4.5 Cultural Resources ...................................................................................................... 4-8 4.6 Energy ....................................................................................................................... 4-10 4.7 Geology and Soils ..................................................................................................... 4-12 4.8 Greenhouse Gas Emissions ...................................................................................... 4-13 4.9 Hazards and Hazardous Materials ............................................................................ 4-15 4.10 Hydrology and Water Quality ..................................................................................... 4-20 4.11 Land Use and Planning ............................................................................................. 4-25 4.12 Mineral Resources ..................................................................................................... 4-27 4.13 Noise ......................................................................................................................... 4-28 4.14 Population and Housing ............................................................................................ 4-29 4.15 Public Services .......................................................................................................... 4-30 4.16 Transportation ........................................................................................................... 4-34 4.17 Utilities and Service Systems .................................................................................... 4-37 4.18 Wildfire ....................................................................................................................... 4-45 City Council 28 – 41 9/16/2025 TABLE OF CONTENTS City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations ii CHAPTER 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED ........................................................................................................................ 5-1 5.1 Air Quality .................................................................................................................... 5-1 5.2 Cultural Resources ...................................................................................................... 5-6 5.3 Geology and Soils ....................................................................................................... 5-8 5.4 Noise ......................................................................................................................... 5-13 5.5 Tribal Cultural Resources .......................................................................................... 5-16 CHAPTER 6 SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL EFFECTS .......................... 6-1 6.1 Recreation ................................................................................................................... 6-1 CHAPTER 7 FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES………………… .......................................................................................................... 7-1 CHAPTER 8 FINDINGS REGARDING GROWTH-INDUCING IMPACTS ........................................ 8-1 CHAPTER 9 FINDINGS REGARDING PROJECT ALTERNATIVES .............................................. 9-1 9.1 Discussion of Alternatives Considered but Rejected ................................................... 9-2 9.1.1 Buildout of the Zoning Designation Alternative .................................................... 9-2 9.1.2 Off-Site Alternative ............................................................................................... 9-3 9.2 Alternatives Selected for Further Analysis ................................................................... 9-3 9.2.1 Alternative 1: No Project/No Build ........................................................................ 9-4 9.2.2 Alternative 2: Reduced Project Alternative ........................................................... 9-5 9.2.3 Alternative 3: Reduced Project with No Subterranean Parking Alternative .......... 9-6 9.3 Environmentally Superior Alternative .......................................................................... 9-7 CHAPTER 10 STATEMENT OF OVERRIDING CONSIDERATIONS............................................ 10-1 10.1 Introduction ................................................................................................................ 10-1 10.2 Significant Unavoidable Impacts ............................................................................... 10-2 10.3 Project Benefits ......................................................................................................... 10-2 10.4 Conclusion ................................................................................................................. 10-3 City Council 28 – 42 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 1-1 CHAPTER 1 INTRODUCTION These California Environmental Quality Act (CEQA) Findings of Fact and Statement of Overriding Considerations are for The Village Santa Ana Specific Plan Project, herein referred to as the “Project.” The City of Santa Ana (lead agency) prepared a Supplemental Environmental Impact Report (EIR) to the City’s General Plan Update (GPU) Final Program EIR (GPU PEIR) (State Clearinghouse No. 2020029087) for the Project. The GPU PEIR was certified by the City on April 19, 2022. 1.1 STATUTORY REQUIREMENTS CEQA requires that a number of written findings be made by the lead agency in connection with certification of an EIR prior to approval of a project pursuant to Sections 15091 and 15093 of the State CEQA Guidelines and Section 21081 of the Public Resources Code (PRC). The State CEQA Guidelines Section 15091 provides that: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. In short, pursuant to State CEQA Guidelines sections 15091(a) and (b), CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that would otherwise occur with implementation of a proposed project. However, project mitigation or alternatives are not required, where they are infeasible or where the responsibility for modifying a proposed project lies with another agency. Pursuant to PRC Section 21081(b), when a lead agency approves a project with significant effects that cannot be mitigated to a less-than-significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the proposed project outweigh the significant effects on the environment. State CEQA Guidelines Section 15093(a) states that: If the specific economic, legal, social, technological, or other benefits… of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” City Council 28 – 43 9/16/2025 1 INTRODUCTION City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 1-2 The Supplemental EIR for the Project is composed of the following elements: • The Village Santa Ana Specific Plan Project Draft Supplemental EIR and Technical Appendices (April 2025); • The Village Santa Ana Specific Plan Project Final Supplemental EIR (August 2025); and • Santa Ana General Plan Update Program Environmental Impact Report (GPU PEIR), SCH No. 2020029087. 1.2 DOCUMENT FORMAT The Findings of Fact is organized into the following sections: Chapter 1: Introduction outlines the organization of this document and identifies the location and custodian of the record of proceedings. Chapter 2: Project Summary provides a summary of the Project, overview of the discretionary actions required for approval of the Project, and a statement of the Project’s objectives. Chapter 3: Environmental Review and Public Participation Process provides a summary of previous environmental reviews related to the Project area that took place prior to the environmental review done specifically for the Project, and a summary of public participation in the environmental review for the Project. Chapter 4: No Environmental Effects and Less Than Significant Environmental Effects without Mitigation Measure presents a summary of those environmental issue areas where no impacts or less than significant impacts would occur and a corresponding finding adopting the Initial Study and PEIR’s conclusions of no impact or less than significant impacts. Chapter 5: Less Than Significant Environmental Effects with Mitigation Incorporated presents a summary of potentially significant environmental effects for which implementation of identified feasible mitigation measures would avoid or substantially reduce the environmental effects to less-than-significant levels and provides a corresponding finding for each effect. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program (MMRP) for the Project and adopted as conditions of the Project by the Lead Agency. Chapter 6: Significant and Unavoidable Environmental Effects presents a summary of significant and unavoidable effects for which there are no known feasible mitigation measures that would avoid or substantially reduce the environmental effects to less-than-significant levels and provides a corresponding finding for each effect. Chapter 7: Findings Regarding Significant Irreversible Environmental Changes presents a summary of the significant irreversible environmental changes that would occur should the Project be implemented. Chapter 8: Findings Regarding Growth-Inducing Impacts presents a summary of the growth- inducing effects considered for the Project. Chapter 9: Findings Regarding Project Alternatives presents a summary of the alternatives considered for the proposed Project. City Council 28 – 44 9/16/2025 1 INTRODUCTION City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 1-3 Chapter 10: Statement of Overriding Considerations presents a summary of all of the significant unavoidable adverse impacts associated with the implementation of the proposed Project. In addition, this chapter identifies the proposed Project’s substantial benefits that outweigh and override the proposed Project’s significant unavoidable impacts, such that the impacts are considered acceptable. 1.3 LOCATION AND CUSTODIAN OF RECORD OF PROCEEDINGS The documents and other materials that constitute the record of proceedings upon which the City’s Project approval is based are located at the City’s Planning Division office at 20 Civic Center Plaza, M-20, Santa Ana, CA 92701. The City’s Planning Division is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Division Counter. The record of proceedings is provided in compliance with PRC Section 21081.6(a)(2) and State CEQA Guidelines Section 15091(e). City Council 28 – 45 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 2-1 CHAPTER 2 PROJECT SUMMARY 2.1 DESCRIPTION OF PROJECT PROPOSED FOR APPROVAL The Village Santa Ana Specific Plan Project would provide for redevelopment of the approximately 17.2-acre site located on the northeast corner of West Sunflower Avenue and Bear Street, transected by South Plaza Drive. The project site comprises seven parcels (Assessor’s Parcel Numbers 412-451-01 through -04 and 412-131-10, -20, -21 ((Project Site)). The Project Site is currently occupied by the South Coast Plaza Village commercial center on both sides of South Plaza Drive which consists of approximately 164,049 square feet of retail shops and restaurants, offices, and the Regency Theatres cinema building. The City’s GPU Land Use Element designates the project site as District Center-High (DC-5) within the South Bristol Street Focus Area (SBSFA). Development in the DC-5 designation is intended to provide urban retail, residential, mixed-use, and employment centers. The Project Site is currently zoned as Specific Development Plan No. 48 (SD-48) which was adopted in 1989 and was last amended in 1997. The Project would redevelop the site with mixed-use commercial and residential, residential only, and commercial only buildings. A central commercial area would include a variety of commercial uses, such as restaurants, a market, and retail uses, with additional commercial uses extending through the ground floor of adjacent residential buildings. Stand-alone residential and mixed-use buildings would provide housing opportunities for residents in the City’s SBSFA. In total, The Project would include up to 1,583 residential units (encompassing approximately 1,850,000 square feet of building space), 80,000 square feet of retail space, 300,000 square feet of office space, and approximately 7.5 acres of publicly accessible open space and common areas. The Specific Plan includes a maximum height of 25 stories with a minimum of 1 story for commercial/office only buildings and no minimum height for residential or mixed-use buildings. Parking would be provided in tower and podium buildings and underground building levels with up to four levels below grade. At full buildout, the Project is anticipated to provide a combined 13.8 acres of public and private outdoor and recreation space including approximately 7.5 acres of publicly accessible open space and common areas and 6.3 acres of private outdoor and amenity spaces. Public open spaces at the Project would consist of active spaces, outdoor seating, garden paseos, a fitness loop, and a recreational lawn. Private open space amenities include outdoor balconies and patios, pools and spas, outdoor kitchens, and communal gathering spaces. The proposed Project would also include roadway and streetscape modifications and improvements along Sunflower Avenue, Bear Street, and South Plaza Drive in addition to new access points throughout the project site and a bicycle network which includes a new Class IV cycle track along Sunflower Avenue, and a new Class I bike path along Bear Street. Construction of the proposed Project is anticipated to begin January 2026 and could take up to 20 years to complete. Construction of the proposed Project would be implemented in a series of five phases to reflect anticipated market conditions and to ensure that access, public facilities, and infrastructure connections are appropriately installed to serve the Project. Demolition of the entire Project Site would occur during the first phase of the construction period. Subsequently, the construction period for each phase would generally include excavation, grading, trenching, pile driving, installation of utilities, building construction, architectural coating, paving activities, City Council 28 – 46 9/16/2025 2 PROJECT SUMMARY City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 2-2 and installation of landscaping and hardscape elements for the respective phase. The maximum excavation would reach approximately 52 feet below grade where up to four levels of subterranean parking are proposed. Approximately 420,000 cubic yards of total material would be excavated and likely hauled away from the project site. 2.2 AGREEMENTS, PERMITS, AND APPROVALS The following approvals and/or permits would be required to implement the proposed Project. The environmental documentation for the proposed Project would be used to facilitate compliance with federal, state, and local laws and ordinances, as well as granting permits by various federal, state, and local agencies having jurisdiction over one or more aspects of the Project. City of Santa Ana • The Village Santa Ana Specific Plan adoption by ordinance by City Council • Environmental Impact Report (EIR) certification in accordance with the California Environmental Quality Act (CEQA) by resolution by City Council • Development Agreement: A development agreement between the Applicant and the City describing development rights and public benefits for the development pursuant Government Code Section 65864 et seq. The Development Agreement will be reviewed concurrently with the Village Santa Ana Specific Plan and requires adoption by ordinance by City Council. • Tentative Tract Map to create legal conveyable lots for project development, formalize the parcel boundaries, and provide for public rights-of-way for project access. The Tentative Tract Map will be reviewed concurrently with the Village Santa Ana Specific Plan and requires adoption by resolution by City Council. • Demolition, grading, and building permits City of Costa Mesa • Issuance of encroachment permits Santa Ana Regional Water Quality Control Board • National Pollutant Discharge Elimination System (NPDES) Construction General Permit (Order No. 2022-0057-DWQ) • Orange County MS4 Permit (Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010-0062) • General Waste Discharge Requirements for Discharges to Surface Waters Resulting from De Minimis Discharges or Groundwater Dewatering Operations, and/or Groundwater Cleanup/Remediation Operations at Sites within the Newport Bay Watershed Permit (Order No. R8-2019-0061, NPDES No. CAG918002) Federal Aviation Administration • Form 7460-1, Notice of Actual Construction or Alteration City Council 28 – 47 9/16/2025 2 PROJECT SUMMARY City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 2-3 Orange County Airport Land Use Commission • Land use review Orange County Transportation Authority (OCTA) • Issuance of approvals associated with bus stop improvements and relocations South Coast Air Quality Management District • Issuance of any permits to construct or permits to operate 2.3 PROJECT OBJECTIVES State CEQA Guidelines Section 15124(b) (Title 14, California Code of Regulations [CCR]) requires that the description of the project shall contain a statement of objectives sought by the proposed project. The project objectives have been developed to incorporate the GPU objectives and vision, including the GPU SBSFA objectives. The following are the proposed Project objectives: • Implements the vision and objectives established in the City of Santa Ana General Plan for the South Bristol Street Focus Area as the City’s southern gateway and part of the South Coast Metro area by creating opportunities to transform auto-oriented shopping plazas to walkable, bike-friendly, and transit-friendly urban villages that incorporate a mix of high-intensity office and residential living with experiential commercial uses. The following are based on the South Bristol Street Focus Area objectives: o Capitalizes on the success of the South Coast Metro area; o Introduces mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented; and, o Provides for mixed-use opportunities while protecting adjacent, established low density neighborhoods. • Fosters a neighborly environment where residents can live, work, and recreate in a vibrant village community. • Anchors Santa Ana’s South Bristol Street Focus Area as envisioned by the City, which is to transform conventional auto-oriented shopping plazas into dynamic nodes of activity that blend healthy living, working, shopping, and dining in a contemporary village environment. • Captures Orange County’s indoor-outdoor lifestyle through attention to detail in the design of buildings, selection of materials, infusion of nature in outdoor spaces, and the activities offered in the Village. • Builds on the foundation of this dynamic area through new experiences in food, fitness, and artisan retail. • Complements the successful South Coast Metro area with a diversity of new housing in a jobs-rich environment. • Attracts the innovative and start-up culture of Orange County and provides thoughtfully designed spaces to create and showcase new offerings. City Council 28 – 48 9/16/2025 2 PROJECT SUMMARY City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 2-4 • Complements and does not compete with the emerging business environment of Downtown Santa Ana. • Allows for the flexible redevelopment of the underutilized project site to provide a balanced mix of residential, retail, recreation, and office uses in the South Bristol Street Focus Area that integrate into the existing urban systems and provide a safe and attractive environment for living and working, as encouraged by the GPU. • Develops high quality residential spaces that reflect modern lifestyles, while responding to the vision of the GPU to help bring higher density housing into a jobs-rich area of the City planned for growth, to facilitate balancing the City’s jobs-housing ratio. • Provides a positive contribution to the local economy through new capital investment, the creation of new jobs, development of more commercial opportunities, attraction of economic activity, and the expansion of the tax base. • Enhances alternative transportation activity by creating a walkable and bikeable mixed- use development that links with existing facilities and transit services to encourage non- automotive travel within the Specific Plan area and the local community. • Improves existing infrastructure to support the Village Santa Ana Specific Plan consistent with the General Plan conditions. • Provides a project that contributes to the creation of a vibrant urban core for the City by providing vibrant and attractive community amenities, recreational and open space areas, and gathering spaces that are directly accessible to residents and the community, and takes advantage of the site’s location within the South Coast Metro area. • Provides on-site open space and community-serving recreational amenities recognizing that this area of the City is currently identified as park-deficient by the GPU. • Provides community benefits commensurate with the Specific Plan development proposal including public open space onsite and locations for public community events, as well as streetscape improvements along the project site frontages of Sunflower Avenue and Bear Street. City Council 28 – 49 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 3-1 CHAPTER 3 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION In conformance with CEQA and the State CEQA Guidelines, the City of Santa Ana conducted an extensive environmental review of the Project, which included a Draft Supplemental EIR and a Final Supplemental EIR, including technical reports, along with a public review and comment period. The following is a summary of the City’s environmental review of this project: • The City of Santa Ana concluded that a Supplemental EIR should be prepared, and the Notice of Preparation (NOP) was released for a 30-day public review period from November 3, 2023 through December 4, 2023 pursuant to State CEQA Guidelines 15082. The NOP was posted at the Orange County Clerk’s Office on November 3, 2023. The notice was published in the Orange County Register, available at the City of Santa Ana, Planning Division Counter, located at 20 Civic Center Plaza, M-20, Santa Ana, CA 92701, and the City of Santa Ana Public Library, located at 26 Civic Center Plaza, Santa Ana, CA 92701. Under CEQA, a Lead Agency may proceed directly with preparation of the EIR without preparation of an Initial Study if it is clear that an EIR will be required (State CEQA Guidelines Section 15060[d]). • The NOP public review period ran for 30 days. The City received response letters from the State, regional and local public agencies, and interested parties. These comment letters were included in Appendix A: Notice of Preparation and Scoping Comments of the Draft Supplemental EIR. • A duly-noticed scoping meeting for the Supplemental EIR was held on November 15, 2023, at 6:00 p.m. at the McFadden Institute of Technology located at 2701 South Raitt Street in the City of Santa Ana to obtain information from the public as to issues that should be addressed in the Supplemental EIR. The notice of a public scoping meeting was included in the NOP distributed on November 3, 2023 and was published in the Orange County Register and was sent to agencies, interested parties, and individuals who requested to be notified of the Project. • The Draft Supplemental EIR was distributed by the City of Santa Ana, which was made available for a 52-day public review period (April 17, 2025 through June 9, 2025). The Notice of Availability (NOA) for the Draft Supplemental EIR was sent to all persons, agencies and organizations on the interest list interested persons, published on April 17, 2025, at the Orange County Register, and posted at the Orange County Clerk’s Office and the State Clearinghouse (SCH) at the Governor’s Office of Land Use and Climate Innovation (LCI) on April 17, 2025. Copies of the Draft Supplemental EIR were made available for public review at the City of Santa Ana, Planning Division Counter, located at 20 Civic Center Plaza, M-20, Santa Ana, CA 92701, and the Southwest Senior Center, located at 2201 West McFadden Avenue, Santa Ana, CA 92704. The Draft Supplemental EIR was also available for review and download via the following City website location and CEQAnet web portal: https://www.santa-ana.org/the-village-santa-ana-specific-plan/ and https://ceqanet.opr.ca.gov/. Additionally, the NOA was published in the Orange County Register. City Council 28 – 50 9/16/2025 3 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 3-2 • The City received a total of eight comment letters on the Draft Supplemental EIR from public agencies and organizations regarding the merits of the Project or questions regarding the Project. The City prepared responses to all written comments. The comments and responses are contained in Section 2, Responses to Comments, of the Final Supplemental EIR. Additionally, the Final Supplemental EIR contains revisions to the Draft Supplemental EIR and final Mitigation Monitoring and Reporting Program. • In accordance with CEQA, the City provided written responses to the public agencies that commented on the Draft Supplemental EIR at least 10 days prior to certification of the Supplemental EIR. • Pursuant to State CEQA Guidelines Section 15095, staff is directed as follows: a) copy of the Final Supplemental EIR and CEQA Findings of Fact shall be retained in the Project files; and b) copy of the Final Supplemental EIR and CEQA Findings of Fact shall be provided to the Project applicant who is responsible for providing a copy of the same to all CEQA "responsible" agencies. • Hearings before the City Council were held following a recommendation from the Planning Commission. City Council 28 – 51 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-1 CHAPTER 4 NO ENVIRONMENTAL EFFECTS AND LESS-THAN- SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES Based on the Supplemental EIR, the Project would have no or less-than-significant environmental effects for the specific areas associated with the topics identified below. 4.1 AESTHETICS Threshold AE-1: The Project would not have a substantial adverse effect on a scenic vista. Findings: The City finds that the Project would result in less than significant impacts to aesthetics related to scenic vistas. (Draft Supplemental EIR, pp. 5-5 – 5-6.) Explanation of the Rationale: The Project would include a mix of commercial and residential development that would be at a greater intensity and density in both height and area, as compared to existing conditions. However, the Project is not located within or near a scenic vista, as defined by the City’s GP Conservation Element. The Santa Ana River is located approximately 2.5 miles to the west of the Project site; Santiago Creek is located approximately 4.6 miles north of the Project site. The Project activities would be limited to the boundaries of the project site. Therefore, the Project would not have a substantial adverse effect on a scenic vista. Impacts would be less than significant. (Draft Supplemental EIR, pp. 5-5 – 5-6.) Threshold AE-2: The Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Findings: The City finds that the Project would result in no impact to aesthetics related to scenic resources within a state scenic highway. (Draft Supplemental EIR, p. 5-6.) Explanation of the Rationale: The GPU PEIR states that no state scenic highways, eligible or officially designated, traverse the City nor are located near the City. Though buildout consistent with the GPU would lead to infill development and intensify the urban landscape, it would not damage scenic resources, including rock outcroppings, trees, and historic buildings within state scenic highways. There are no eligible or state designated scenic highways in the vicinity of the Project site. Therefore, the Project would not impact scenic resources within a state scenic highway, and there would be no impact. (Draft Supplemental EIR, p. 5-6.) Threshold AE-3: The Project would not conflict with applicable zoning and other regulations governing scenic quality. Findings: The City finds that the Project would result in less than significant impacts to aesthetics and would not conflict with applicable zoning and other regulations governing scenic quality. (Draft Supplemental EIR, pp. 5-6 – 5-7.) City Council 28 – 52 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-2 Explanation of the Rationale: The Project site has a General Plan land use designation of DC- 5, which is intended to provide urban retail, residential, mixed-use, and employment centers with an intensity of up to 5.0 floor area ratio and/or 125 dwelling units per acre, and a maximum height of 25 stories. The Project would be consistent with this land use designation and development standards, as it would include mixed-use commercial and residential buildings ranging up to 25 stories with an intensity of up to 5.0 floor area ratio and 125 dwelling units per acre. The Project site is currently zoned as SD-48; however, the project’s specific plan would replace SD-48 as the zoning for The Village and would contain the development standards, permitted uses, and administrative processes for future development at the Project site. As the Project would be designed with a cohesive style that is compatible with its surrounding development, the Project would support the existing visual character of the Project area. Therefore, the Project would not conflict with applicable zoning and other regulations governing scenic quality, and impacts would be less than significant. (Draft Supplemental EIR, pp. 5-6 – 5-7.) Threshold AE-4: The Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Findings: The City finds that the Project would result in less than significant impacts to aesthetics related to light and glare. (Draft Supplemental EIR, pp. 5-7 – 5-8.) Explanation of the Rationale: The Project would intensify development at the Project site both horizontally and vertically, with a mix of residential, commercial, office, parking, and open space uses. Thus, the Project would result in additional sources of light, such as building lighting, landscape lighting, lighting along pedestrian pathways, security lighting, and parking lot lighting. In addition, the Project would result in additional sources of glare due to light reflecting off parked or traveling cars and building windows. However, the Project would utilize lighting that is typical of the existing and surrounding developments. In addition, similar to development under the GPU, the Project would be required to comply with the Title 24 Standards as amended by the Santa Ana Municipal Code Chapter 8, Article II and the City’s Lighting Standards (Section 5 of the City’s Engineering Standards and Plans). In addition, the specific plan specifies implementation of the exterior and landscape lighting design requirements. Therefore, because the Project would comply with applicable regulations and implement lighting design criteria, the Project would not adversely affect day or nighttime views in the area and impacts would be less than significant. (Draft Supplemental EIR, pp. 5-7 – 5-8.) Cumulative Impacts: The Project would not result in cumulative impacts concerning aesthetics. Findings: The City finds that the Project would result in less than significant cumulative impacts to aesthetics. (Draft Supplemental EIR, pp. 5-5 – 5-8.) Explanation of the Rationale: The Project is a mixed-use project located on an infill site. The Project would include development that would be at a greater intensity and density in both height and area, as well as additional sources of light, as compared to existing conditions. However, the Project is not located within or near a scenic vista, would not substantially damage scenic resources, and would be consistent with land use designation and development standards. City Council 28 – 53 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-3 Therefore, cumulative impacts related to aesthetics would be less than significant. (Draft Supplemental EIR, pp. 5-5 – 5-8.) 4.2 AGRICULTURE AND FORESTRY RESOURCES Threshold AF-1: The Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to nonagricultural uses. Findings: The City finds that the Project would result in no impact to agriculture and forestry resources related to the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. (Draft Supplemental EIR, p. 5-8.) Explanation of the Rationale: According to the California Department of Conservation’s California Important Farmland Finder mapping tool, the Project site and surrounding uses are designated as “Urban and Built-Up Land.” Therefore, no farmland exists on the Project site and the Project would not convert farmland to non-agricultural use. (Draft Supplemental EIR, p. 5-8.) Threshold AF-2: The Project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. Findings: The City finds that the Project would result in no impact to agriculture and forestry resources related to conflict with existing zoning for agricultural use, or a Williamson Act contract. (Draft Supplemental EIR, p. 5-8.) Explanation of the Rationale: The Project site is zoned for Specific Development (SD-48), which does not allow for agricultural use. Additionally, according to the California Department of Conservation’s California Williamson Act Enrollment Finder mapping tool, Orange County does not have any land subject to a Williamson Act Contract. Therefore, the Project would not conflict with existing zoning for agricultural use or with a Williamson Act contract. (Draft Supplemental EIR, p. 5-8.) Threshold AF-3: The Project would not conflict with existing zoning for, or cause rezoning of, forestland, timberland, or timberland zoned Timberland Production. Findings: The City finds that the Project would result in no impact to agriculture and forestry resources related to conflict with existing zoning for, or rezoning of, forestland, timberland, or timberland zoned Timberland Production. (Draft Supplemental EIR, p. 5-9.) Explanation of the Rationale: The City does not have any land designated or zoned for forestland, timberland, or timberland zoned Timberland Production. The Project site is zoned for Specific Development (SD-48), which does not allow for forestland or timberland uses. Therefore, the Project would not conflict with existing zoning for forestland or timberland uses. (Draft Supplemental EIR, p. 5-9.) Threshold AF-4: The Project would not result in the loss of forestland or conversion of forest land to non-forest use. City Council 28 – 54 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-4 Findings: The City finds that the Project would result in no impact to agriculture and forestry resources related to the loss of forestland or conversion of forest land to non-forest use. (Draft Supplemental EIR, p. 5-9.) Explanation of the Rationale: The GPU PEIR states that the City does not have any land designated or zoned for forestland. The Project site is currently developed with existing commercial retail and surface parking lot uses and does not contain any forest land. Therefore, the Project would not result in the loss of forest land or convert forest land to non-forest use. (Draft Supplemental EIR, p. 5-9.) Threshold AF-5: The Project would not involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or conversion of forestland to non- forest use. Findings: The City finds that the Project would result in no impact to agriculture and forestry resources related to other changes in the existing environment which could result in conversion of Farmland to nonagricultural use or conversion of forestland to non-forest use. (Draft Supplemental EIR, p. 5-9.) Explanation of the Rationale: The City does not have any significant agricultural resources or land designated or zoned for forestland, timberland, or timberland zoned Timberland Production. The Project site and vicinity are designated as “Urban and Built-Up Land,” and no farmland exists on the Project site or surrounding uses. Therefore, the Project would not convert farmland or forest land to non-agricultural or non-forest use. (Draft Supplemental EIR, p. 5-9.) Cumulative Impacts: The Project would not result in cumulative impacts concerning agriculture and forestry resources. Findings: The City finds that the Project would result in no cumulative impacts concerning agriculture and forestry resources. (Draft Supplemental EIR, pp. 5-8 – 5-9.) Explanation of the Rationale: The City does not have any significant agricultural resources or land designated or zoned for forestland, timberland, or timberland zoned Timberland Production. Additionally, Orange County does not have any land subject to the Williamson Act Contract. The Project site and vicinity are designated as “Urban and Built-Up Land,” and no agriculture or forestry resources exists on the Project site or surrounding uses. (Draft Supplemental EIR, pp. 5- 8 – 5-9.) 4.3 AIR QUALITY Threshold AQ-4: The Project would not result in other emissions, such as those leading to odors, adversely affecting a substantial number of people. Findings: The City finds that the Project would result in less than significant impacts to air quality related to other emissions, such as odors. (Draft Supplemental EIR, pp. 4.1-47 – 4.1-48.) City Council 28 – 55 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-5 Additionally, the City finds that the Project will implement the following regulatory requirements (Draft Supplemental EIR, p. 4.1-9): RR AQ-2: Construction activities will be conducted in compliance with California Code of Regulations, Title 13, Section 2449, which requires that nonessential idling of construction equipment is restricted to five minutes or less. RR AQ-3: Construction activities will be conducted in compliance with any applicable South Coast Air Quality Management District rules and regulations, including but not limited to: • Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. • Rule 402, Nuisance, which states that a project shall not “discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.” • Rule 1113, which limits the volatile organic compound content of architectural coatings. • Rule 1466, Soil Disturbance. Projects that involve earth-moving activities of more than 50 cubic yards of soil with applicable toxic air contaminants are subject to this rule. Explanation of the Rationale: Construction activities associated with the Project may generate detectable odors from heavy-duty equipment exhaust and architectural coatings. However, construction-related odors would be short-term in nature and cease upon completion of construction activities. According to the Odor Complaints, Health Impacts, and Monitoring Methods prepared for the California Air Resources Board, odors typically come from industrial facilities, including wastewater treatment plants, municipal solid waste landfills, trash transfer stations, composting facilities, animal agriculture, chemical and petroleum industries, and roadkill collection facilities. The Project would not include any of these uses or odor sources. Because the Project would include restaurants, there is the potential for uses within the immediate area to experience odors associated with restaurant operations. However, the Project comply with SCAQMD Rule 402 (Nuisance), which prohibits emission of any material that causes nuisance to a considerable number of persons or endangers the comfort, health, or safety of any person. Compliance with SCAQMD Rule 402 would ensure potential restaurant-related odors during Project operation would not create objectionable odors affecting a substantial number of people, and impacts related to odors during Project operation would be less than significant. (Draft Supplemental EIR, pp. 4.1-47 – 4.1-48.) City Council 28 – 56 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-6 4.4 BIOLOGICAL RESOURCES Threshold B-1: The Project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. Findings: The City finds that the Project would result in less than significant impacts to biological resources related to species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. (Draft Supplemental EIR, pp. 5-9 – 5-10.) Explanation of the Rationale: The Project site is fully developed with existing commercial uses and surface parking, and the surrounding area is heavily urbanized with residential and commercial uses. The Project would involve infill development within an already highly disturbed urban environment. The Project site includes limited, ornamental landscaping, including grass lawns and trees. Due to the urbanized nature of the project site and surrounding area, there are no natural, vegetated areas that could support candidate, sensitive, or special status species, or habitat for such species. However, the existing trees on-site may provide habitat to nesting birds, which are protected pursuant to the federal Migratory Bird Treaty Act of 1918 (MBTA) and the California Fish and Game Code. The Project would comply with all applicable federal, state, and local regulations including the MBTA and the California Fish and Game Code Section 3503, which protect nesting birds and their eggs/young. To maintain compliance with the MBTA and California Fish and Game Code, clearance surveys would be conducted prior to any ground disturbance or vegetation removal activities to avoid direct or indirect impacts to active bird nests and/or nesting birds if construction occurs during the nesting bird season. Therefore, the Project would not result in direct impacts to special-status species identified as a candidate, sensitive, or special-status species and impacts would be less than significant. (Draft Supplemental EIR, pp. 5-9 – 5-10.) Threshold B-2: The Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. Findings: The City finds that the Project would result in no impact to biological resources related to a substantial adverse effect on any riparian habitat or other sensitive natural community. (Draft Supplemental EIR, pp. 5-10 – 5-11.) Explanation of the Rationale: The Project site is fully developed with commercial retail uses and contains limited, ornamental landscaping. The ground cover consists primarily of paved, developed areas and limited areas of vegetation, including trees and grass. There is no riparian habitat or other sensitive natural communities within the Project site. Therefore, implementation of the Project would not impact any riparian habitat or other sensitive natural community. (Draft Supplemental EIR, pp. 5-10 – 5-11.) City Council 28 – 57 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-7 Threshold B-3: The Project would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Findings: The City finds that the Project would result in no impact to biological resources related to state or federally protected wetlands. (Draft Supplemental EIR, p. 5-11.) Explanation of the Rationale: Based on a review of the U.S. Fish and Wildlife Service National Wetlands Inventory, there are no wetlands within the Project site. Furthermore, no potential jurisdictional drainages or wetland features were observed within Project site. The National Wetlands Inventory identifies several wetland features in the Project vicinity. However, these wetland habitats are engineered and man-made, and the Project would not impact these nearby wetland features. Therefore, the Project would not have a substantial adverse effect on state or federally protected wetlands, and no impact would occur. (Draft Supplemental EIR, p. 5-11.) Threshold B-4: The Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Findings: The City finds that the Project would result in less than significant impacts to biological resources related to interfering with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeding the use of native wildlife nursery sites. (Draft Supplemental EIR, pp. 5-11 – 5.12.) Explanation of the Rationale: The Project site is located approximately 2.4 miles east of the Santa Ana River, and 5.2 miles south of Santiago Creek. As such, the Project would not result in impacts to either of these corridors. In addition, the Project site is not located within any wildlife corridors, as it is fully developed and surrounded by urban land uses that provide minimal to no opportunities for movement of wildlife. The Project would remove ornamental trees at the Project site, which may provide suitable nesting habitat for birds protected under the MBTA. To maintain compliance with the MBTA and California Fish and Game Code Section 3503, clearance surveys would be conducted prior to any ground disturbance or vegetation removal activities to avoid direct or indirect impacts to active bird nests and/or nesting birds if construction occurs during the nesting bird season. With compliance to the requirements of the MBTA, any direct or indirect impacts on nesting birds would be reduced to a less than significant level. (Draft Supplemental EIR, pp. 5-11 – 5.12.) Threshold B-5: The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Findings: The City finds that the Project would result in less than significant impacts to biological resources related to local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. (Draft Supplemental EIR, p. 5-12.) City Council 28 – 58 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-8 Explanation of the Rationale: The Project would remove a number of existing trees within the rights-of-way. The Project would adhere to the following sections of the Municipal Code, which contains codes that pertain to trees within parkways and rights-of-way: Section 33-191 Damaging City Trees, Section 33-185 Street Tree Species to be Planted, and Section 33-188 Site Plan Approval, as well as Article VII, Regulation for the Planting, Maintenance, and Removal of Trees. Therefore, the Project would not conflict with applicable tree policies. (Draft Supplemental EIR, p. 5-12.) Threshold B-6: The Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Findings: The City finds that the Project would result in no impact to biological resources related to conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. (Draft Supplemental EIR, p. 5-12.) Explanation of the Rationale: The City of Santa Ana is not located within a Habitat Conservation Plan or Natural Community Conservation Plan area. Therefore, the Project would not conflict with applicable Habitat Conservation Plans or Natural Community Conservation Plans, and no impact would occur. (Draft Supplemental EIR, p. 5-12.) Cumulative Impacts: The Project would not result in cumulative impacts concerning biological resources. Findings: The City finds that the Project would result in less than significant cumulative impacts to biological resources. (Draft Supplemental EIR, pp. 5-9 – 5-12.) Explanation of the Rationale: The Project site is fully developed with existing commercial uses and surface parking, and the surrounding area is heavily urbanized with residential and commercial uses. The Project would involve infill development within an already highly disturbed urban environment. The Project would result in no impacts related to sensitive natural communities; federally protected wetlands; and conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan; and less-than-significant impacts related to candidate, sensitive, or special status species; migratory fish or wildlife species or wildlife corridors; and conflict with local policies or ordinances protecting biological resources. Therefore, cumulative impacts related to biological resources would be less than significant. (Draft Supplemental EIR, pp. 5-9 – 5-12.) 4.5 CULTURAL RESOURCES Threshold C-1: The Project would not cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5. Findings: The City finds that the Project would result in no impact related to a substantial adverse change in the significance of a historical resource. (Draft Supplemental EIR, pp. 4.2-13 – 4.2-14.) City Council 28 – 59 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-9 Explanation of the Rationale: A records search conducted for the Project indicated a total of three cultural resources are documented within the half-mile search radius of the Project site. However, none of these resources are located within or adjacent to the Project area, and no built environment resources within the project area were identified in the Built Environment Resource Directory. Additionally, the existing South Coast Village was evaluated for listing on the California Register of Historical Resources in accordance with Section 15064.5(a)(2)-(3) of the State CEQA Guidelines, and is recommended ineligible for listing in the California Register. Therefore, the Project would not cause a substantial adverse change in the significance of a historical resource and no impact would occur. (Draft Supplemental EIR, pp. 4.2-13 – 4.2-14.) Threshold C-3: The Project would not disturb any human remains, including those interred outside of dedicated cemeteries. Findings: The City finds that the Project would result in less than significant impacts to cultural resources related to human remains. (Draft Supplemental EIR, pp. 4.2-16 – 4.2-17.) Additionally, the City finds that the Project will implement the following regulatory requirement (Draft Supplemental EIR, p. 4.2-5): RR CUL-1: California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the proposed project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Explanation of the Rationale: Sensitivity for buried human remains would be low at the Project site, as the Project site does not contain cemeteries or known burial grounds, and past construction activities have disturbed the entire property. However, as the Project would require excavations that are anticipated to disturb a large part of the Project site at varying depths up to a maximum depth of 52 feet for the subsurface parking garage, there is potential to encounter previously unknown human remains. In the event that human remains are discovered, the remains would be treated in accordance with California Health and Safety Code Section 7050.5 (RR CUL-1), State CEQA Guidelines Section 15064.5, and Public Resources Code Section 5097.98. Compliance with these regulations would ensure that impacts to human remains would be less than significant. (Draft Supplemental EIR, pp. 4.2-16 – 4.2-17.) City Council 28 – 60 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-10 4.6 ENERGY Threshold E-1: The Project would not result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Findings: The City finds that the Project would result in no impact to energy related to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. (Draft Supplemental EIR, pp. 4.3-11 – 4.2-18.) Additionally, the City finds that the Project will implement the following regulatory requirements (Draft Supplemental EIR, p. 4.3-4): RR E-1: Construction activities will be conducted in compliance with California Code of Regulations Section 2485, which requires that nonessential idling of construction equipment be restricted to five minutes or less. RR E-2: At least 65 percent of all nonhazardous construction and demolition waste from nonresidential construction associated with future development in the plan area shall be recycled and/or salvaged for reuse in line with the 2016 California Green Building Standards Code Section 5.408 (California Code of Regulations, Title 24, Part 11). RR E-3: New buildings implemented as part of the General Plan Update are required to achieve the current California Building Energy and Efficiency Standards (California Code of Regulations, Title 24, Part 6) and California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). RR E-4: Any appliances associated with development in the Plan Area shall meet the requirements of the 2012 Appliance Efficiency Regulations. RR E-5: Development under the General Plan Update shall support the goals of the renewables portfolio standard, SB 350, and SB 100 to achieve a tiered increase in the use of renewable energy to 60 percent by 2030, and 100 percent by 2045. RR E-7: Development under the General Plan Update shall be in compliance with state and local solid waste regulations including AB 939, AB 341, AB 1327, AB 1826, and Section 5.408 of 2016 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). Explanation of the Rationale: The Project’s annual average fuel consumption from gasoline construction vehicle use during Phase 4 (phase with most gasoline consumption) would account for 0.299 percent of the City’s forecasted consumption of gasoline fuel and 0.029 percent of the County’s annual gasoline consumption. Additionally, the Project’s annual average fuel consumption from diesel construction equipment use during Phase 1 (phase with most diesel consumption) would account for 0.166 percent of the City’s forecasted consumption of diesel fuel and 0.225 percent of the County’s annual diesel consumption. As such, construction would have a nominal effect on the local and regional energy supplies. Additionally, the Project would comply with regulatory requirements, such as the 2022 CalGreen Code, USEPA Construction Equipment Fuel Efficiency Standard, and California Code of Regulations Title 13, Sections 2449 and 2485. City Council 28 – 61 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-11 Therefore, construction fuel consumption would not be any more inefficient, wasteful, or unnecessary than other similar development projects. The Project’s operational automotive transportation at full buildout is estimated to result in a net increase that would account for 0.493 percent of the City and 0.053 percent of the County’s forecasted annual consumption of fuel for the buildout year of 2045. As such, the Project would account for a nominal percentage of the forecasted annual operational automotive fuel consumption for both the City and County and, thus, would have a nominal effect on the local and regional energy supplies. The Project’s operational energy consumption at full buildout would result in a net increase of approximately 0.602 percent in electricity consumption and approximately 0.309 percent in natural gas consumption of the City’s consumption in for the buildout year of 2045. The Project would also be required to comply with the most current and applicable version of the Title 24 Building Energy Efficiency Standards and CALGreen Code. Overall, the Project would account for a nominal energy consumption percentage of the City and County’s annual energy consumption. Therefore, the Project would not result in a significant increase in construction and operational energy consumption. As such, impacts resulting from the Project would be less than significant. (Draft Supplemental EIR, pp. 4.3-11 – 4.2-18.) Threshold E-2: The Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Findings: The City finds that the Project would result in less than significant impacts to energy related to conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (Draft Supplemental EIR, pp. 4.3-19 – 4.3-23.) Explanation of the Rationale: The Project would comply with the State and regional plans for renewable energy and energy efficiency. State and regional plans for renewable energy and energy efficiency include the California Energy Commission’s Integrated Energy Policy Report and Title 24 standards, including the CALGreen Code. The Project would meet the most current and latest Title 24 standards for energy efficiency and incorporate all applicable energy efficiency measures (solar panels, high efficiency lighting, energy efficient appliances, etc.). Compliance with Title 24 standards, including the CALGreen Code, would ensure the Project’s consistency with the Integrated Energy Policy Report building energy efficiency recommendations, which would, in turn, ensure project conformance with the State’s energy reduction goals. The Project would also comply with applicable energy goals and policies in the GPU. As such, impacts resulting from the Project related to consistency with adopted energy conservation plans or state/local energy standards for renewable energy or energy efficiency would be less than significant. (Draft Supplemental EIR, pp. 4.3-19 – 4.3-23.) Cumulative Impacts: The Project would not result in cumulative impacts concerning energy. Findings: The City finds that the Project would result in less than significant cumulative impacts related to energy. (Draft Supplemental EIR, pp. 4.3-24 – 4.3-26.) Explanation of the Rationale: The Project’s electricity demand would not significantly increase Southern California Edison’s total electricity demand for its service population, and the Project’s natural gas demand would be nominal compared to SoCalGas’ total natural gas demand for its service population. The Project transportation fuel usage would represent a small percentage of total fuel consumption within Orange County. In addition, the Project would not cause any new or City Council 28 – 62 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-12 additional significant cumulative impacts related to consistency with adopted energy conservation plans or state/local energy standards for renewable energy or energy efficiency. Therefore, cumulative impacts related to energy were determined to be less than significant. (Draft Supplemental EIR, pp. 4.3-24 – 4.3-26.) 4.7 GEOLOGY AND SOILS Threshold G-1(i): The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault. Findings: The City finds that the Project would result in less than significant impacts to geology and soils related to rupture of a known earthquake fault. (Draft Supplemental EIR, p. 4.4-9.) Additionally, the City finds that the Project will implement the following regulatory requirements (Draft Supplemental EIR, pp. 4.4-3 – 4.4-4): RR G-1: Every public agency enforcing building regulations must adopt the provisions of the California Building Code (CBC), which is Title 24, Part 2 of the California Code of Regulations. The most recent version is the 2019 CBC (effective January 1, 2020).1 The CBC is updated every three years and provides minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions. The CBC also contains provisions for earthquake safety based on factors including occupancy type, the types of soil and rock on-site, and the strength of ground shaking with specified probability of occurring at a site. RR G-2: Santa Ana Municipal Code, Chapter 8, Buildings and Structures. These codes address grading standards, excavation, and fills. This also includes compliance with regulations for unreinforced masonry structures in accordance with “Unreinforced Masonry Law,” found in California Government Code §§ 8875 et seq. The City of Santa Ana Building Official may place additional requirements upon the construction of infrastructure, buildings, and other improvements based on the findings from plan check, soils testing, and geotechnical investigations. Explanation of the Rationale: There are no known active faults located within or adjacent to the Project site. The Project site is also not located within an Alquist-Priolo Fault Rupture Hazard Zone. Therefore, the potential for primary ground rupture of a known earthquake fault is considered very low at the Project site. Moreover, earthquake fault zones are existing environmental conditions and the Project would not exacerbate the risk of earthquake faults. Impacts related to rupture of a known earthquake fault would be less than significant. (Draft Supplemental EIR, p. 4.4-9.) Threshold G-1(iv): The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides. Findings: The City finds that the Project would result in less than significant impacts to geology and soils related to landslides. (Draft Supplemental EIR, p. 4.4-13). City Council 28 – 63 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-13 Explanation of the Rationale: The project site is not located within a zone of earthquake induced landslide. Additionally, similar to the overall City topography, the project site is relatively flat; thus, there would be no hazards related to slope stability. (Draft Supplemental EIR, p. 4.4-13.) Threshold G-2: The Project would not result in substantial soil erosion or the loss of topsoil. Findings: The City finds that the Project would result in less than significant impacts to geology and soils related to substantial soil erosion or the loss of topsoil. (Draft Supplemental EIR, pp. 4.4-13 – 4.4-14). Explanation of the Rationale: Construction of the Project would result in ground surface disturbance during excavation and grading that could create the potential for erosion of soils to occur. During construction, transport of sediments by stormwater runoff and wind would be prevented through BMPs, such as implementation of Rule 403 dust control measures required by the South Coast Air Quality Management District and a Storm Water Pollution Prevention Plan for construction activities. In addition, the proposed addition of open space and expanded landscaping would result in less impervious area compared to existing conditions, reducing the potential for runoff and soil erosion. Therefore, with implementation of a project-specific Storm Water Pollution Prevention Plan, associated BMPs during construction, and installation of landscaping and open space to stabilize soils throughout the Project site, the Project would not result in substantial soil erosion or the loss of topsoil and impacts would be less than significant. (Draft Supplemental EIR, pp. 4.4-13 – 4.4-14.) Threshold G-5: The Project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. Findings: The City finds that the Project would result in no impact to geology and soils related to the use of septic tanks or alternative wastewater disposal systems. (Draft Supplemental EIR, p. 4.4-18.) Additionally, the City finds that the Project will implement the following regulatory requirement (Draft Supplemental EIR, p. 4.4-4): RR G-3: Santa Ana Municipal Code Section 39-51 requires that all buildings or structures within the city that require plumbing fixtures must be connected to a public sewer. Explanation of the Rationale: The Project would not use septic tanks or alternative wastewater disposal systems. Sanitary wastewater at the project site is handled through connections to the existing sanitary sewer system. No impact would occur. (Draft Supplemental EIR, p. 4.4-18.) 4.8 GREENHOUSE GAS EMISSIONS Threshold GHG-1: The Project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Findings: The City finds that the Project would result in less than significant impacts to greenhouse gases emissions. (Draft Supplemental EIR, pp. 4.5-18 – 4.5-23.) City Council 28 – 64 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-14 Additionally, the City finds that the Project will implement the following regulatory requirement (Draft Supplemental EIR, p. 4.5-7): RR GHG-1: New buildings are required to achieve the current California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards (CALGreen) Code (Title 24, Part 11). The 2019 Building Energy Efficiency Standards became effective January 1, 2020. The Building and Energy Efficiency Standards and CALGreen are updated tri-annually. RR GHG-2: Construction activities are required to adhere to California Code of Regulations, Title 13, Section 2449, which restricts the nonessential idling of construction equipment to five minutes or less. RR GHG-3: New buildings are required to adhere to the California Green Building Standards Code and Water Efficient Landscape Ordinance requirements to increase water efficiency and reduce urban per capita water demand. RR GHG-7: The California Green Building Standards Code (CALGreen) requires the recycling and/or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during most “new construction” projects (CALGreen Code §§ 4.408 and 5.408). Construction contractors are required to submit a construction waste management plan that identifies the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvaged for future use or sale and the amount (by weight or volume). Explanation of the Rationale: The net increase in emissions from the Project compared to existing conditions is 1.40 MTCO2e per year. Compared to the GPU horizon year emissions per service population of 3.5 MTCO2e per year, the Project would result in a less severe impact. The Project would be consistent with the 2022 Scoping Plan, 2020-2045 RTP/SCS, City of Santa Ana General Plan, and the City’s Climate Action Plan. As the Project is consistent with these GHG reduction plans, the Project would also be consistent with the State’s long-term goal to achieve statewide carbon neutrality (zero-net emissions). Specifically, the Project would be consistent with several GPU goals and policies that may reduce GHG emissions, including goals and policies from the Conservation Element related to air quality and climate, energy resources, and water resources, and those from the Mobility Element related to sustainable transportation design. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.5-18 – 4.5-23.) Threshold GHG-2: The Project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Findings: The City finds that the Project would result in less than significant impacts to greenhouse gases emissions related to conflict with an applicable plan, policy or regulation. Additionally, the City finds that the Project will implement regulatory requirements RR GHG-1 through RR GHG-3 and RR GHG-7 (listed above). (Draft Supplemental EIR, pp. 4.5-23 – 4.5-34.) Explanation of the Rationale: The Project’s characteristics render it consistent with Statewide, regional, and local climate change mandates, plans, policies, and recommendations. More City Council 28 – 65 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-15 specifically, the GHG plan consistency analysis provided above demonstrates that the Project would comply with the regulations and GHG reduction goals, policies, actions, and strategies outlined in the 2022 Scoping Plan, 2020-2045 RTP/SCS, and the City’s GPU and Climate Action Plan. Consistency with these plans would reduce the impact of the Project’s incremental contribution to GHG emissions. Accordingly, the Project would not conflict with any applicable plan, policy, regulation, or recommendation adopted for the purpose of reducing GHG emissions. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.5-23 – 4.5-34.) Cumulative Impacts: The Project would not result in cumulative impacts concerning greenhouse gas emissions. Findings: The City finds that the Project would result in less than significant cumulative impacts concerning greenhouse gas emissions. Additionally, the City finds that the Project will implement regulatory requirements RR GHG-1 through RR GHG-3 and RR GHG-7 (listed above). (Draft Supplemental EIR, pp. 4.5-34 – 4.5-35.) Explanation of the Rationale: State CEQA Guidelines Section 15183.5(b) states that compliance with GHG related plans can support a determination that a project’s cumulative effect is not cumulatively considerable. The Project would be consistent with the 2022 Scoping Plan, the 2020-2045 RTP/SCS, the City of Santa Ana General Plan, and the City’s Climate Action Plan. As the Project is consistent with these GHG reduction plans, the Project would also be consistent with the State’s long-term goal to achieve carbon neutrality (zero-net emissions). Impacts related to the generation of GHGs and consistency with an applicable GHG plan would be less than significant. Therefore, the Project’s contribution to cumulative impacts related to GHGs would not be cumulatively considerable. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.5-34 – 4.5-35.) 4.9 HAZARDS AND HAZARDOUS MATERIALS Threshold H-1: The Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Findings: The City finds that the Project would result in less than significant impacts to hazards and hazardous materials related to routine transport, use, or disposal of hazardous materials. (Draft Supplemental EIR, pp. 4.6-17 – 4.6-19.) Additionally, the City finds that the Project will implement the following regulatory requirement (Draft Supplemental EIR, p. 4.6-9): RR HAZ-1: Hazardous materials and hazardous wastes will be transported to and/or from projects developed under the General Plan Update in compliance with any applicable state and federal requirements, including the U.S. Department of Transportation regulations listed in the Code of Federal Regulations (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards. City Council 28 – 66 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-16 RR HAZ-2: Hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The projects developed under the General Plan Update will be designed and constructed in accordance with the regulations of the Orange County Health Care Agency, Environmental Health Division, which serves as the designated Certified Unified Program Agency. RR HAZ-4: Demolition activities that have the potential to expose construction workers and/or the public to asbestos-containing materials or lead-based paint will be conducted in accordance with applicable regulations, including, but not limited to: • South Coast Air Quality Management District’s Rule 1403 • California Health and Safety Code (Section 39650 et seq.) • California Code of Regulations (Title 8, Section 1529) • California Occupational Safety and Health Administration regulations (California Code of Regulations, Title 8, Section 1529 [Asbestos] and Section 1532.1 [Lead]) • Code of Federal Regulations (Title 40, Part 61 [asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead]) RR HAZ-5: The removal of hazardous materials, such as polychlorinated biphenyls (PCBs), mercury-containing light ballast, and mold, will be completed in accordance with applicable regulations pursuant to 40 CFR 761 (PCBs), 40 CFR 273 (mercury-containing light ballast), and 29 CFR 1926 (molds) by workers with the hazardous waste operations and emergency response (HAZWOPER) training, as outlined in 29 CFR 1910.120 and 8 CCR 5192. RR HAZ-6: New construction, excavations, and/or new utility lines within 10 feet or crossing existing high-pressure pipelines, natural gas/petroleum pipelines, or electrical lines greater than 60,000 volts will be designed and constructed in accordance with the California Code of Regulations (Title 8, Section 1541). Explanation of the Rationale: The existing buildings on the project site were constructed between 1971 and 1973 and it is likely that the building materials contain asbestos-containing materials (ACMs), lead-based paint, and polychlorinated biphenyls. Surveys, testing, and abatement would be required prior to demolition of the existing buildings, in addition to proper removal and disposal, and would be conducted in accordance with the existing SCAQMD Rule 1403, California Occupational Safety and Health Administration, and California Health and Safety Code. With compliance with relevant regulations and requirements, project construction activities would not expose people to a substantial risk resulting from the release of hazardous materials into the environment. Impacts would be less than significant. During operation, the Project would include use, storage, and disposal of hazardous materials typically associated with residential and commercial uses, including restaurants and retail stores. City Council 28 – 67 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-17 However, as with Project construction, all hazardous materials used on the Project site during operation would be used, stored, and disposed of in accordance with manufacturer’s standards and all applicable federal, state, and local requirements. Therefore, with compliance with manufacturer’s standards and all applicable local, state, and federal laws and regulations relating to environmental protection and the management of hazardous materials, impacts associated with the routine transport, use, or disposal of hazardous materials during operation of the Project would be less than significant. (Draft Supplemental EIR, pp. 4.6-17 – 4.6-19.) Threshold H-2: The Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Findings: The City finds that the Project would result in less than significant impacts to hazards and hazardous materials related to reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Additionally, the City finds that the Project will implement regulatory requirements RR HAZ-1, RR HAZ-2; RR HAZ-4 through RR HAZ-6 (listed above). (Draft Supplemental EIR, pp. 4.6-19 – 4.6-20.) Explanation of the Rationale: The Phase I Environmental Site Assessment conducted for the Project revealed no evidence of Recognized Environmental Conditions (RECs) and/or Controlled Recognized Environmental Conditions (CRECs) in connection with the Project site. In the event that hazardous materials are found on-site during construction activities, materials would be removed in accordance with procedural requirements and regulations for the proper removal and disposal. With compliance with relevant regulations and requirements, Project construction activities would not expose people to a substantial risk resulting from the reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.6-19 – 4.6-20.) Threshold H-3: The Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. Findings: The City finds that the Project would result in no impacts related to hazards and hazardous materials within one-quarter mile of an existing or proposed school. Additionally, the City finds that the Project will implement regulatory requirements RR HAZ-1, RR HAZ-2; RR HAZ- 4 through RR HAZ-6 (listed above). (Draft Supplemental EIR, pp. 4.6-20 – 4.6-21.) Explanation of the Rationale: There are no schools within one-quarter mile of the Project site. The closest school to the Project site is California Pacific Charter Schools, located approximately 0.3 mile to the southwest. No impacts would occur. (Draft Supplemental EIR, pp. 4.6-20 – 4.6-21.) Threshold H-4: The Project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment. Findings: The City finds that the Project would result in no impacts to hazards and hazardous materials related to hazardous materials sites pursuant to Government Code Section 65962.5. City Council 28 – 68 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-18 Additionally, the City finds that the Project will implement regulatory requirements RR HAZ-1, RR HAZ-2; RR HAZ-4 through RR HAZ-6 (listed above). (Draft Supplemental EIR, pp. 4.6-21 – 4.6-22.) Explanation of the Rationale: The Project site is not included on any hazardous waste site lists included in the Department of Toxic Substances Control’s EnviroStor database, which includes CORTESE sites and the Environmental Protection Agency’s database of regulated facilities, or other lists compiled pursuant to Section 65962.5 of the Government Code. No impacts would occur. (Draft Supplemental EIR, pp. 4.6-21 – 4.6-22.) Threshold H-5: The Project would not result in a safety hazard or excessive noise for people residing or working in the project area within two miles of a public airport or public use airport. Findings: The City finds that the Project would result in no impacts to hazards and hazardous materials related to airports. (Draft Supplemental EIR, pp. 4.6-22 – 4.6-23.) Additionally, the City finds that the Project will implement regulatory requirements RR HAZ-1, RR HAZ-2; RR HAZ-4 through RR HAZ-7 (listed above) and the following regulatory requirement (Draft Supplemental EIR, p. 4.6-9): RR HAZ-7: Development will be designed and constructed in accordance with the airport environs land use plan for John Wayne Airport. Building height restrictions, as specified in the airport environs land use plan, would apply in the city. Explanation of the Rationale: The Project site is located approximately 1.5 miles northwest of Santa Ana Airport (SNA) and outside any SNA Safety Compatibility Zones (including the Runway Protection Zones) and the 60 dbA CNEL noise contours. Therefore, the Project would not result in a safety hazard or excessive noise for people residing or working in the Project area. Further, the Project site is located within the Airport Environs Land Use Plan Notification Area for SNA, which includes the Federal Aviation Regulations Part 77 Notification Area. The Project is required to be submitted to the Federal Aviation Agency (FAA) and the Orange County Airport Land Use Commission for aeronautical review. Upon completion of the review process, the project would not result in a safety hazard or excessive noise for people residing or working in the Project area. No impact would occur. (Draft Supplemental EIR, pp. 4.6-22 – 4.6-23.) Threshold H-6: The Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Findings: The City finds that the Project would result in less than significant impacts to hazards and hazardous materials related to an adopted emergency response plan or emergency evacuation plan. Additionally, the City finds that the Project will implement regulatory requirements RR HAZ-1, RR HAZ-2; RR HAZ-4 through RR HAZ-7 (listed above). (Draft Supplemental EIR, pp. 4.6-23 – 4.6-24.) Explanation of the Rationale: The Project would introduce new residential units, retail, and office uses to a site that currently only includes retail uses. During construction of the Project, while it is expected that the majority of construction activities would be confined to the Project site, limited City Council 28 – 69 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-19 off site construction activities may occur in adjacent street rights-of-way intermittently, which could potentially require partial, temporary lane closures. However, if temporary lane closures are necessary, the remaining travel lanes would remain open in accordance with standard traffic control plans that would be submitted to and reviewed by the City’s Public Works Agency Development Engineering staff, which would ensure adequate circulation and emergency access. Upon completion of construction activities, all travel lanes would be restored to pre- existing conditions. Operation of the Project would generate traffic in the Project site vicinity and would result in some modifications to the Project site’s access. However, public and private roadways throughout the Project site would be designed to accommodate emergency vehicles for fire, ambulance, and police services. The roadways would not have restricted access such as gates that would prevent emergency vehicles from reaching the intended destinations. Roadway improvements and new roadway construction would be constructed in accordance with the Orange County Fire Authority standards and code requirements. Therefore, the Project would not physically interfere with or impair the implementation of the City’s emergency response plan. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.6-23 – 4.6-24.) Threshold H-7: The Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. Findings: The City finds that the Project would result in no impacts to hazards and hazardous materials related to wildland fires. Additionally, the City finds that the Project will implement regulatory requirements RR HAZ-1, RR HAZ-2; RR HAZ-4 through RR HAZ-7 (listed above). (Draft Supplemental EIR, pp. 4.6-24.) Explanation of the Rationale: The Project site is located in an urban, developed area within the City and is surrounded by commercial and multi-family residential uses. No wildlands occur within or near the Project site. No impacts related to risk of wildland fires would occur. (Draft Supplemental EIR, p. 4. 6-24.) Cumulative Impacts: The Project would not result in cumulative impacts concerning hazards and hazardous materials. Findings: The City finds that the Project would result in less than significant cumulative impacts concerning hazards and hazardous materials. Additionally, the City finds that the Project will implement regulatory requirements RR HAZ-1, RR HAZ-2; RR HAZ-4 through RR HAZ-7 (listed above). (Draft Supplemental EIR, pp. 4.6-25 – 4.6-26.) Explanation of the Rationale: As with the Project, related projects would require evaluation for potential threats to public safety, including those associated with the use, storage, and/or disposal of hazardous materials and would be required to comply with all applicable local, state, and federal laws, rules and regulations. Because environmental safety issues are largely site-specific, this evaluation would occur on a case-by-case for each individual project affected, in conjunction with development proposals on these properties. The Project would result in less than significant impacts related to hazards and hazardous materials. Therefore, the Project’s impacts related to hazards and hazardous materials would not be cumulatively considerable, and cumulative City Council 28 – 70 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-20 impacts to hazards and hazardous materials would be less than significant. (Draft Supplemental EIR, pp. 4.6-25 – 4.6-26.) 4.10 HYDROLOGY AND WATER QUALITY Threshold HYD-1: The Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. Findings: The City finds that the Project would result in less than significant impacts to hydrology and water quality related to water quality standards or waste discharge requirements violations. (Draft Supplemental EIR, pp. 4.7-11 – 4.7-14.) Additionally, the City finds that the Project will implement the following regulatory requirement (Draft Supplemental EIR, pp. 4.7-5 – 4.7-6): RR HYD-1: All development pursuant to the General Plan Update shall comply with the requirements of the Construction General Permit (Order No. 2022-0057-DWQ) for stormwater discharges associated with construction activity. Compliance requires filing a Notice of Intent, a Risk Assessment, a Site Map, a Storm Water Pollution Prevention Plan and associated best management practices, an annual fee, and a signed certification statement. RR HYD-4: All development pursuant to the General Plan Update shall comply with the requirements of the Orange County MS4 Permit (Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010-0062). The MS4 Permit requires new development and redevelopment projects to: • Control contaminants into storm drain systems • Educate the public about stormwater impacts • Detect and eliminate illicit discharges • Control runoff from construction sites • Implement best management practices and site-specific runoff controls and treatments for new development and redevelopment RR HYD-5: All development pursuant to the General Plan Update shall comply with the requirements detailed in Chapter 18 Article IV of the Santa Ana Municipal Code. Explanation of the Rationale: Construction activities associated with the Project have the potential to result in the conveyance of soils and other pollutants due to soil erosion during grading and soil stockpiling and subsequent siltation into municipal storm drains. However, construction activities would comply with requirements of the Construction General Permit (as required by RR HYD-1), including a project specific SWPPP and associated best management practices (BMPs). Construction dewatering discharges would comply with the requirements of the Santa Ana RWQCB’s Groundwater Discharge Permit, which requires sampling and treatment measures as City Council 28 – 71 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-21 necessary to ensure groundwater discharges would not contain high levels of pollutants. Therefore, with compliance to the Construction General Permit and Groundwater Discharge Permit, the Project would not violate water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater during construction, and construction- related impacts would be less than significant. The Project’s storm drain network would be designed to match existing drainage and flow patterns to best utilize the capacities available in the existing public storm drain system. The Project would follow the requirements of the local MS4 Permit, as required by RR HYD-4, and the Orange County Technical Guidance Document and incorporate post-construction BMPs and low impact development (LID) measures in its project-specific water quality management plan (WQMP). The Project’s WQMP must be reviewed and approved by the City to ensure it complies with the local MS4 Permit and Orange County DAMP regulations. Therefore, with incorporation of typical post- construction BMPs and LID measures and adherence to applicable permits, the Project would not violate water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater during operation, and operational impacts would be less than significant. (Draft Supplemental EIR, pp. 4.7-11 – 4.7-14.) Threshold HYD-2: The Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. Findings: The City finds that the Project would result in less than significant impacts to hydrology and water quality related to groundwater. Additionally, the City finds that the Project will implement regulatory requirements RR HYD-1; RR HYD-4; and RR HYD-5 (listed above). (Draft Supplemental EIR, pp. 4.7-14 – 4.7-15.) Explanation of the Rationale: Construction of the Project would require dewatering activities due to the Project’s excavation for the proposed subterranean parking. However, dewatering activities would be temporary and would not substantially decrease groundwater supplies. Additionally, the Project would add a projected 339 acre-feet per year (AFY) of water demand in the current year, which is approximately 1 percent of overall City water demand. The City would have sufficient supply to meet the current and projected demand of the Project during normal, single-dry, and multiple-dry years. In single-dry and multiple-dry years, thus, the Project would not substantially decrease groundwater supplies. Further, because the Project site is already developed with paved surfaces, development of the Project would not interfere with groundwater recharge. Therefore, the Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.7-14 – 4.7-15.) Threshold HYD-3(i): The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: result in substantial erosion or siltation on- or off-site. Findings: The City finds that the Project would result in less than significant impacts to hydrology and water quality related to substantial erosion or siltation. Additionally, the City finds that the Project will implement regulatory requirements RR HYD-1; RR HYD-4; and RR HYD-5 (listed above). (Draft Supplemental EIR, pp. 4.7-16 – 4.7-17.) City Council 28 – 72 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-22 Explanation of the Rationale: Construction of the Project would require demolition of the existing building structures, including foundations, floor slabs, and utilities systems and excavation for subterranean parking structures which could temporarily alter the existing drainage pattern of the site and could result in flooding on- or offsite. However, drainage would be controlled because the Project would comply with the Construction General Permit and Groundwater Discharge Permit. With adherence to the applicable permits and implementation of a project-specific SWPPP and associated BMPs, construction of the project would not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off-site. The Project’s grading and storm drain network would be designed to match existing drainage and flow patterns and would integrate bio-filtration methods, pervious surfaces, and selective plant materials to encourage on-site water retention. The Project would incorporate BMPs and LID measures following the local MS4 Permit requirements (RR HYD-4) and Orange County Technical Guidance Document; comply with the Santa Ana Municipal Code (RR HYD-5) and the Construction General Permit (RR HYD-1); and prepare a WQMP to reduce impacts related to erosion or siltation. Therefore, the Project would not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off-site. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.7-16 – 4.7-17.) Threshold HYD-3(ii): The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Findings: The City finds that the Project would result in less than significant impacts to hydrology and water quality related to flooding from surface runoff. Additionally, the City finds that the Project will implement regulatory requirements RR HYD-1; RR HYD-4; and RR HYD-5 (listed above). (Draft Supplemental EIR, pp. 4.7-17 – 4.7-18.) Explanation of the Rationale: As previously discussed, the Project would adhere to the applicable permits and implementation of a project-specific SWPPP and associated BMPs. Therefore, construction of the Project would not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off-site. Due to the high podium building drainage demand and the presence of multiple subterranean garage entrances, on-site drainage systems would be sized to contain the 100-year storm hydraulic grade line below the proposed finished surface to address the existing ponding issues. The Project’s grading and storm drain network design would ensure surface runoff, including ponding water at the public driveways, would not result in flooding on- and off-site. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.7-17 – 4.7-18.) Threshold HYD-3(iii): The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. City Council 28 – 73 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-23 Findings: The City finds that the Project would result in less than significant impacts to hydrology and water quality related to stormwater drainage. Additionally, the City finds that the Project will implement regulatory requirements RR HYD-1; RR HYD-4; and RR HYD-5 (listed above). (Draft Supplemental EIR, pp. 4.7-19 – 4.7-20.) Explanation of the Rationale: As previously discussed, the Project would adhere to applicable permits (e.g., Construction General Permit and Santa Ana RWQCB’s Groundwater Discharge Permit, if necessary) and implement a project-specific SWPPP and associated BMPs; therefore, construction of the Project would not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial runoff water or polluted runoff. The Project grading and storm drain network would be designed to match the existing drainage and flow patterns to best utilize the capacities available in the existing public storm drain system and may use underground detention systems and/or on-site drainage systems to contain excess flows. The Project site would be required to implement bio-filtration as the primary water quality treatment method. During each phase of Project development, the associated localized drainage and water quality systems dedicated to each building site would be confirmed during the design permitting phase with the City and constructed with each building before connecting to the on-site backbone storm drain system. Therefore, the Project would not create or contribute runoff water, including ponding water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.7-19 – 4.7-20.) Threshold HYD-3(iv): The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood flows. Findings: The City finds that the Project would result in less than significant impacts to hydrology and water quality related to flood flows. Additionally, the City finds that the Project will implement regulatory requirements RR HYD-1; RR HYD-4; and RR HYD-5 (listed above). (Draft Supplemental EIR, pp. 4.7-20 – 4.7-21.) Explanation of the Rationale: As discussed previously, with adherence to the applicable permits (e.g., Construction General Permit and Santa Ana RWQCB’s Groundwater Discharge Permit, if necessary), implementation of a project-specific SWPPP and associated BMPs, construction of the Project would not substantially alter the existing drainage pattern of the site or area in a manner which would impede or redirect flood flows. Additionally, the Project site is not located within a Special Flood Hazard Area, defined as the area that will be inundated by the base flood or 100-year flood. Therefore, the potential for Project facilities to impede or redirect flood flows is considered low. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.7-20 − 4.7-21.) Threshold HYD-4: The Project would not, in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation. Findings: The City finds that the Project would result in less than significant impacts to hydrology and water quality related to flood hazard, tsunami, or seiche zones. Additionally, the City finds City Council 28 – 74 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-24 that the Project will implement regulatory requirements RR HYD-1; RR HYD-4; and RR HYD-5 (listed above). (Draft Supplemental EIR, pp. 4.7-21 – 4.7-22.) Explanation of the Rationale: The Project site is not located within a Special Flood Hazard Area and the risk of flood hazard is low. Tsunamis affect low-lying areas along the coastline. As the Project site is located approximately 6 miles from the coastline, the risk of tsunami hazard is low. The Project site is within the inundation area of the Santiago Creek and the Prado Dam. However, as stated in the GPU PEIR, the USACE and DSOD have ongoing assessments and measures to certify dam efficiencies, and Santiago Creek and Prado Dam are required to maintain EAPs, which would help minimize property damage and loss of life in emergency conditions. Therefore, the risk of project inundation is low. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.7-21 – 4.7-22.) Threshold HYD-5: The Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Findings: The City finds that the Project would result in less than significant impacts to hydrology and water quality related to conflict with a water quality control plan or sustainable groundwater management plan. Additionally, the City finds that the Project will implement regulatory requirements RR HYD-1; RR HYD-4; and RR HYD-5 (listed above). (Draft Supplemental EIR, pp. 4.7-22 – 4.7-23.) Explanation of the Rationale: The Project would adhere to the requirements of the Construction General Permit, Orange County MS4 Permit, and the City’s Municipal Code as required by RR HYD-1, HYD-4, and HYD-5, to reduce impacts to surface and groundwater quality. Water supply for the Project would be provided by connections to the existing City utility infrastructure and not by groundwater wells. The project’s projected water demand would be sufficiently accommodated by the City’s water supply. Therefore, the Project would not obstruct or conflict with a water quality control plan or sustainable groundwater management plan. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.7-22 – 4.7-23.) Cumulative Impacts: The Project would not result in cumulative impacts concerning hydrology and water quality. Findings: The City finds that the Project would result in less than significant cumulative impacts concerning hydrology and water quality. Additionally, the City finds that the Project will implement regulatory requirements RR HYD-1; RR HYD-4; and RR HYD-5 (listed above). (Draft Supplemental EIR, pp. 4.7-23 – 4.7-25.) Explanation of the Rationale: Similar to the Project, construction activities associated with GPU buildout and the related projects have the potential to convey soils and other pollutants into municipal storm drains. During operation of these projects, stormwater runoff from project sites could introduce or increase pollutants that could runoff into municipal storm drains. However, as with the Project, projects developed pursuant to the GPU and the related projects within the watersheds would be required to implement water quality control measures pursuant to the NPDES General Construction Permit, such as implementation of a SWPPP (for projects disturbing greater than one acre), a City Council 28 – 75 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-25 WQMP (for development and redevelopment projects), and BMPs to eliminate or reduce the discharge of pollutants in stormwater discharges, reduce runoff, reduce erosion and sedimentation, and increase filtration and infiltration. The NPDES permit requirements have been set by the SWRCB and implemented by the RWQCB and the Orange County DAMP to reduce incremental effects of individual projects so that they would not result in significant cumulative impacts. Additionally, the projected water demand from the GPU at buildout, which includes the Project, is well within the projected total water demand for 2040 in the 2015 Urban Water Management Plan for normal, dry year, and multiple dry year scenarios. Additionally, as the other related projects in the cities of Irvine and Costa Mesa are within the OC Basin, it is assumed that the projected total water demand for 2040 in the 2015 Urban Water Management Plan for normal, dry year, and multiple dry year scenarios would be sufficient for the related projects. Further, mandatory compliance with each city’s Municipal Code would ensure that buildout of the GPU, the related projects, and the Project would result in less than significant cumulative impacts related to flood hazards. Therefore, the Project’s contribution to cumulative impacts related to hydrology and water quality would not be cumulatively considerable. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.7-23 – 4.7-25.) 4.11 LAND USE AND PLANNING Threshold LU-1: The Project would not physically divide an established community. Findings: The City finds that the Project would result in less than significant impacts to land use and planning related to physically dividing an established community. (Draft Supplemental EIR, pp. 4.8-20 – 4.8-21.) Additionally, the City finds that the Project will implement the following regulatory requirement (Draft Supplemental EIR, pp. 4.8-8 – 4.8-9): RR LU-1: Development associated with the General Plan Update would be designed and constructed in accordance with the applicable provisions of Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. Development within specific plan areas, overlay areas, and specific development districts would implement zoning and development standards that are applicable within these subareas in addition to those in the underlying zoning district. RR HAZ-7: Development will be designed and constructed in accordance with the airport environs land use plan (AELUP) for John Wayne Airport. Building height restrictions, as specified in the AELUP, would apply in the city Explanation of the Rationale: The Project implements land uses and activities that were envisioned and analyzed in the GPU PEIR. The Project site is currently developed with 164,049 square feet of commercial uses, which comprises approximately 22 percent of the 17.2-acre site. City Council 28 – 76 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-26 The remaining project site is comprised of surface parking. The Project site currently does not have any residential uses and no existing established community exists within the Project site. The Project site is surrounded by commercial and multi-family residential uses, and the Project, which proposes a mixed-use community that would include mixed-use commercial and residential, residential only, and commercial only buildings, would connect the surrounding properties through the proposed pedestrian, bicycle, and vehicular network. Additionally, the Project would not introduce any new roadways that would bisect existing communities or neighborhoods. Therefore, the Project would not physically divide an established community,. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.8-20 – 4.8-21.) Threshold LU-2: The Project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Findings: The City finds that the Project would result in less than significant impacts to land use and planning related to conflict with a land use plan, policy, or regulation. Additionally, the City finds that the Project will implement regulatory requirements RR LU-1 and RR HAZ-7 (listed above). (Draft Supplemental EIR, pp. 4.8-21 – 4.8-52.) Explanation of the Rationale: The Project is consistent with applicable regional and local plans and programs that have been adopted for the purpose of avoiding or mitigating an environmental effect including SCAG’s 2020-2045 RTP/SCS, the Airport Environs Land Use Plan for John Wayne Airport (SNA), the City’s General Plan, and applicable zoning. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.8-21 – 4.8-52.) Cumulative Impacts: The Project would not result in cumulative impacts concerning land use and planning. Findings: The City finds that the Project would result in less than significant cumulative impacts concerning land use and planning. Additionally, the City finds that the Project will implement regulatory requirements RR LU-1 and RR HAZ-7 (listed above). (Draft Supplemental EIR, pp. 4.8-52 – 4.8-53.) Explanation of the Rationale: As with the Project, the GPU buildout and each related project would be required to comply with their applicable land use plan and be subject to review by City regulatory agencies and CEQA review. The Project would not physically divide an established community or conflict with applicable land use plans and zoning standards. Therefore, the Project’s contribution to cumulative impacts to land use and planning would not be cumulatively considerable. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.8-52 – 4.8-53.) City Council 28 – 77 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-27 4.12 MINERAL RESOURCES Threshold M-1: The Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Findings: The City finds that the Project would result in no impacts to mineral resources related to the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. (Draft Supplemental EIR, pp. 5-12 – 5-13.) Explanation of the Rationale: The Project site is entirely located in an area designated as MRZ- 3, indicating that the significance of mineral deposits cannot be determined from the available data. The Project site is currently developed with existing commercial retail and surface parking lot uses. No mineral extraction occurs within or near the Project site, and no mineral extraction would occur with implementation of the Project. Thus, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. No impact would occur. (Draft Supplemental EIR, pp. pp. 5-12 – 5-13.) Threshold M-2: The Project would not result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. Findings: The City finds that the Project would result in no impacts to mineral resources related to the loss of availability of a locally-important mineral resource recovery site. (Draft Supplemental EIR, p. 5-13.) Explanation of the Rationale: The Project is not delineated as a locally important mineral resource recovery site in the GPU or other land use plan. The Project would be located within a fully developed urban site with no mineral resource sectors or active or inactive mines. Therefore, implementation of the Project would not result in the loss of availability of a locally-important mineral resource recovery site. No impact would occur. (Draft Supplemental EIR, p. 5-13.) Cumulative Impacts: The Project would not result in cumulative impacts concerning mineral resources. Findings: The City finds that the Project would result in less than significant cumulative impacts concerning mineral resources. (Draft Supplemental EIR, pp. 5-12 – 5-13.) Explanation of the Rationale: The Project site is entirely located in an area designated as MRZ- 3 and is not delineated as a locally important mineral resource recovery site in the GPU or other land use plan. The Project site is currently developed with existing commercial retail and surface parking lot uses. No mineral extraction occurs within or near the Project site, and no mineral extraction would occur with implementation of the Project. Thus, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state or of a locally-important mineral resource recovery site. No impact would occur. Therefore, the Project’s contribution to cumulative impacts related to mineral resources would not be cumulatively considerable. No impacts would occur. (Draft Supplemental EIR, pp. 5-12 – 5-13.) City Council 28 – 78 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-28 4.13 NOISE Threshold N-2: The Project would not result in generation of excessive groundborne vibration or groundborne noise levels. Findings: The City finds that the Project would result in less-than-significant impacts to noise related to generation of excessive groundborne vibration. (Draft Supplemental EIR, pp. 4.9-32 – 4.9-35.) Explanation of the Rationale: Project construction can generate varying degrees of groundborne vibration, depending on the construction procedure and the construction equipment used. The ground-borne vibration generated during construction activities would primarily impact existing sensitive uses that are located adjacent to or within the immediate vicinity of individual projects. The Project may potentially use pile drivers during construction and the nearest residences are multi-family residences approximately 75 feet from the Project site, resulting in vibration levels ranging from approximately 0.0006 inch/second PPV to approximately 0.1239 inch/second PPV at 75 feet. As a result, construction groundborne vibration would not be capable of exceeding the 0.2 inch-per-second PPV significance threshold for human annoyance or building damage at the nearest sensitive receptor. Therefore, vibration impacts would be less than significant impact during construction. Implementation of the Project would not involve land uses that include or require equipment, facilities, or activities that would result in perceptible groundborne vibration. Heavy duty trucks would occasionally travel through the surrounding roadways; however, it is unusual for vibration from sources, such as buses and trucks, to be perceptible, even in locations close to major roads. As such, it can be reasonably inferred that operation of the Project would not create perceptible vibration impacts to the nearest sensitive receptors. Therefore, vibration impacts related to human annoyance and building damage during operation would be less than significant. (Draft Supplemental EIR, pp. 4.9-32 – 4.9-35.) Threshold N-3: The Project would not expose people residing or working in the project area located within two miles of a public airport or public use airport to excessive noise levels. Findings: The City finds that the Project would result in less-than-significant impacts to noise related to exposing people residing or working in the project area located within two miles of a public airport or public use airport to excessive noise levels. (Draft Supplemental EIR, pp. 4.9-35 – 4.9-36.) Explanation of the Rationale: The nearest airport is John Wayne Airport (SNA) located approximately 1.5 miles southeast of the Project site. The Project site is located within the Airport Environs Land Use Plan for John Wayne Airport (SNA) and the Federal Aviation Regulations Part 77 Notification Area, but outside of the General Aviation Runway Safety Zones. Future sensitive uses proposed under the Project would be located outside of the 60 dBA CNEL noise contour of SNA. Additionally, the project site is not located within the vicinity of a private airstrip or related facilities. (Draft Supplemental EIR, p. 4.9-36.) City Council 28 – 79 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-29 4.14 POPULATION AND HOUSING Threshold P-1: The Project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). Findings: The City finds that the Project would result in less-than-significant impacts to population and housing related to substantial unplanned population growth. (Draft Supplemental EIR, pp. 4.10-10 – 4.10-12.) Explanation of the Rationale: The Project would draw from the large regional workforce to build out the phases during construction. As the nature of typical construction efforts in urbanized, developed areas such as the Project is temporary and involves commuting to construction sites, the construction workers are not expected to relocate to the Project site area and result in substantial unplanned population growth in the area. Construction impacts would be less than significant. The Project would introduce housing and a residential population to a site where none currently exist and would provide housing for approximately 3,659 individuals, at a 95.9 percent occupancy rate. With respect to the Orange County Council of Governments projections, the Project would be approximately 1.02 percent of the population and approximately 1.9 percent of the housing in Santa Ana and would not exceed the growth identified in the GPU PEIR. The Project would benefit the City by introducing multi-family housing in a jobs-rich area in which employees would be able to easily commute to nearby employment opportunities. In addition, as the area is jobs-rich and as the Project would slightly reduce (improve) the jobs to housing ratio, the addition of residential units in the area would not require additional direct or indirect job growth. Furthermore, jobs associated with the Project’s retail and office uses would be filled to some extent by employees already residing in the vicinity of the Project. Thus, the employment growth from the Project would not exceed the growth identified in the GPU PEIR. The Project would be consistent with the land use designations proposed in the GPU PEIR, which allow for urban retail, residential, mixed-use, and employment centers with an intensity of up to 5.0 floor area ratio (FAR) and/or 125 dwelling units per acre; thus, no new substantial unplanned population growth would occur that was not previously analyzed in the GPU PEIR. Therefore, impacts related to unplanned population growth as a result of the Project would be less than significant. (Draft Supplemental EIR, pp. 4.10-10 – 4.10-12.) Threshold P-2: The Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. Findings: The City finds that the Project would result in no impacts to population and housing related to displacement of existing people or housing. (Draft Supplemental EIR, pp. 4.10-12 – 4.10-13.) Explanation of the Rationale: The Project site is currently developed with existing commercial retail uses and surface parking lot uses. No housing or residents are currently located within the Project site. The Project would redevelop the approximately 17.2-acre site within the South Bristol City Council 28 – 80 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-30 Street Focus Area with a mix of residential and commercial uses that would provide approximately 1,583 residential units. Consistent with the GPU, implementation of the Project would provide additional housing opportunities. Therefore, no people or housing would be displaced, and no impacts would occur. (Draft Supplemental EIR, pp. 4.10-12 – 4.10-13.) Cumulative Impacts: The Project would not result in cumulative impacts concerning population and housing. Findings: The City finds that the Project would result in less than significant cumulative impacts concerning population and housing. (Draft Supplemental EIR, pp. 4.10-13 – 4.10-17.) Explanation of the Rationale: Cumulative development located in the City of Santa Ana propose various uses, including, but not limited to, apartments, single-family residences, offices, commercial/retail uses, restaurants, hotels, warehouses, industrial uses, and gas station and car wash uses. The Project with the related projects would account for 16.7 percent of the projected housing growth (5.2 percent of the GPU buildout), 14.6 percent of the projected population growth (3.3 percent of the GPU buildout), and 12.9 percent of the projected employment growth (0.9 percent of the GPU buildout) for the City. With respect to the OCCOG 2045 projections, the project in combination with related projects would contribute to approximately 7.2 percent of the housing and 3.9 percent of the population in Santa Ana. As previously described, the addition of housing within the Project area would help to balance the jobs-housing ratio within the City, providing a more equal distribution of employment and housing for the City and thereby reducing commute trips and improving air quality. On a citywide scale, the GPU buildout and related projects within the City of Santa Ana are within the GPU’s vision and forecasted development buildout of accommodating growth in a responsible manner by providing a balance of jobs and housing. Therefore, the Project’s contribution to cumulative impacts associated with population and housing would not be cumulatively considerable. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.10-12 – 4.10-17.) 4.15 PUBLIC SERVICES Threshold FP-1: The Project would not result in unplanned population growth or substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios and response times or other performance objectives for fire protection services. Findings: The City finds that the Project would result in less-than-significant impacts to public services related to fire protection services. (Draft Supplemental EIR, pp. 4.11-14 – 4.11-15.) Additionally, the City finds that the Project will implement the following regulatory requirement (Draft Supplemental EIR, p. 4.11-3): RR FP-1: New buildings are required to meet the fire regulations outlined in the California Health and Safety Code (Sections 13000 et seq.). City Council 28 – 81 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-31 Explanation of the Rationale: Construction and operation of the Project would increase demand for fire protection and emergency medical services over existing conditions. However, the Project would be consistent with the land use designations proposed in the GPU PEIR; thus, no new substantial unplanned growth would occur that was not previously analyzed in the GPU PEIR. Additionally, while the calls for service from the additional population and employment at the Project site could result in an increase in response times from nearby fire stations, Orange County Fire Authority (OCFA) fire protection equipment and staffing may be augmented by the City, as needed, and the Project would include payment of applicable fees to the City’s general fund towards fire protection facilities. Additionally, the Project would comply with OCFA’s Fire Prevention Guideline B-09 related to access driveways, access walkways to and around buildings, water supply, and siting of hydrants consistent with the California Fire Code and California Building Standards Code. Therefore, the Project’s impacts on fire protection services would be less than significant. (Draft Supplemental EIR, pp. 4.11-14 – 4.11-15.) Threshold PP-1: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios and response times or other performance objectives for police protection services. Findings: The City finds that the Project would result in less-than-significant impacts to public services related to police protection services. (Draft Supplemental EIR, pp. 4.11-15 – 4.11-17.) Explanation of the Rationale: The Project would be consistent with the land use designations proposed in the GPU PEIR; thus, no new substantial unplanned growth would occur that was not previously analyzed in the GPU PEIR. Nonetheless, this anticipated growth generated by the Project would increase service calls but is expected to create the typical range of police service calls, which may relate to crime and safety issues during project construction (e.g., theft of building materials and construction equipment and vandalism) and during project operation (e.g., vehicle burglaries, thefts, commercial shoplifting, and disturbances). The Santa Ana Police Department would review and approve the final site plans to ensure that Crime Prevention through Environmental Design measures are incorporated into the Project’s design. Additionally, the Project would generate revenues for the City’s general fund (in the form of property taxes, sales tax, etc.) that could be used for the provision of new police facilities in the City. Therefore, the Project’s impacts on police protection services would be less than significant. (Draft Supplemental EIR, pp. 4.11-15 – 4.11-17.) Threshold SS-1: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios and response times or other performance objectives for school services. Findings: The City finds that the Project would result in less-than-significant impacts to public services related to school services. (Draft Supplemental EIR, pp. 4.11-17 – 4.11-18.) Additionally, the City finds that the Project will implement the following regulatory requirement (Draft Supplemental EIR, p. 4.11-6): City Council 28 – 82 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-32 RR SS-1: New residential and commercial development shall pay development fee authorized by Section 65996 of the California Government Code to be “full and complete school facilities mitigation.” Explanation of the Rationale: The Project would have the potential to generate approximately 307 new elementary school students, 176 new intermediate school students, and 226 new high school students, for a total of 709 new students. All three Santa Ana Unified School District schools serving the project site have enrollment capacity to serve the Project at buildout. In addition, the Project would be required to pay developer/impact fees pursuant to Senate Bill 50, which would further reduce potential impacts to school services. Pursuant to California Government Code Section 65995, payment of development fees would provide full and complete mitigation of school impacts. (Draft Supplemental EIR, pp. 4.11-17 – 4.11-18.) Threshold LS-1: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered library facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios and response times or other performance objectives for library services. Findings: The City finds that the Project would result in less-than-significant impacts to public services related to library services. (Draft Supplemental EIR, pp. 4.11-18 – 4.11-20.) Additionally, the City finds that the Project will implement the following regulatory requirement (Draft Supplemental EIR, p. 4.11-6): RR LS-1: New residential development shall pay a property excise tax per the City Municipal Code Section 35-114, Residential Development Tax. Explanation of the Rationale: The Project would be consistent with the land use designations proposed in the GPU PEIR; thus, no new substantial unplanned growth would occur that was not previously analyzed in the GPU PEIR. Nonetheless, the anticipated growth generated by the Project would increase the demand for library services in the City. However, through compliance with the policies regarding the payment of residential development tax and property taxes, which would contribute to the City’s general fund that could potentially be used for the expansion of the existing libraries or construction of new library facilities, the Project’s impacts on library services would be less than significant. (Draft Supplemental EIR, pp. 4.11-18 – 4.11-20.) Cumulative Impacts: The Project would not result in cumulative impacts concerning public services. Findings: The City finds that the Project would result in less than significant cumulative impacts concerning public services. (Draft Supplemental EIR, pp. 4.11-20 – 4.11-23.) City Council 28 – 83 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-33 Explanation of the Rationale: Fire Protection Buildout of the GPU and the related projects would be reviewed by the City and/or OCFA prior to permit approval to ensure that all new development implement fire protection design features pursuant to the CFC and CBSC to reduce potential fire hazards. In addition, each related project proposing buildings over two stories in height would be required to pay a fire facilities fee. The Project would be consistent with the land use designations evaluated in the GPU PEIR; thus, no new substantial unplanned growth would occur that was not previously analyzed in the GPU PEIR. Further, Project implementation would improve the fire safety of the project site compared to existing conditions and adhere to OCFA’s Fire Prevention Guideline B-09. The Project would also contribute the appropriate payment of the fire facilities fee, residential development tax, and property taxes, which would contribute to the City’s general fund that could potentially be used for the expansion of existing fire stations or construction new fire protection facilities. Therefore, the Project’s contribution to cumulative impacts associated with fire protection and emergency services would not be cumulatively considerable, and therefore, cumulative impacts would be less than significant. (Draft Supplemental EIR, pp. 4.11-20 – 4.11-21.) Police Protection Buildout of the GPU and related projects within the City of Santa Ana would have the potential to generate additional demand for police protection services by the Santa Ana Police Department. However, as part of the development project review process, the Santa Ana Police Department would review and approve the final site plans for GPU buildout and each related project within the City. In addition, GPU buildout and each related project within the City would generate revenues to the City’s general fund (in the form of property taxes, sales tax, etc.) that could be applied toward the provision of new police facilities and related staffing in the City. The Project would not result in substantial unplanned population growth that was not previously analyzed in the GPU PEIR. Design of the Project would be reviewed and approved by the Santa Ana Police Department, and the Project would generate revenues for the City’s general fund that could be used for the provision of new police facilities in the City. Therefore, the Project’s contribution to cumulative impacts associated with police protection services would not be cumulatively considerable, and therefore, cumulative impacts to police protection services would be less than significant. (Draft Supplemental EIR, p. 4.11-21.) School Services Buildout of the GPU and related projects within the boundaries of Santa Ana Unified School District and Orange Unified School District have the potential to result in the need for additional school resources. However, cumulative development would be subject to all applicable laws, ordinances, and regulations in place for school services, such as payment to fund new schools from the fee program pursuant to Senate Bill 50. Additionally, the Project would be consistent with the land use designations proposed in the GPU PEIR; thus, no new substantial unplanned growth would occur that was not previously analyzed in the GPU PEIR. Additionally, the Project would be required to pay developer/impact fees pursuant to Senate Bill 50. As such, the Project’s contribution to cumulative impacts associated with school services would not be cumulatively considerable, and therefore, cumulative impacts to school services would be less than significant. (Draft Supplemental EIR, pp. 4.11-21 – 4.11-22.) City Council 28 – 84 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-34 Library Services Buildout of the GPU and the related projects within the City would potentially increase the need for library services. However, only the projects that involve the development of residential uses would generate additional demand for library services. Cumulative development within the City with a residential component would be required to comply with RR LS-1 for the payment of the residential development tax and property taxes, which would contribute to the City’s general fund that could potentially be used for the expansion of the existing libraries or construction new library facilities. Additionally, the Project would not result in new substantial unplanned growth that was not previously analyzed in the GPU PEIR. Project implementation would also result in the payment of the residential development tax and property taxes, which could potentially be used for the expansion of the existing libraries or construction new library facilities. Therefore, the Project’s contribution to cumulative impacts associated with library services would not be cumulatively considerable, and therefore, cumulative impacts to library services would be less than significant. (Draft Supplemental EIR, pp. 4.11-22 – 4.11-23.) 4.16 TRANSPORTATION Threshold T-1: The Project would not conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. Findings: The City finds that the Project would result in less-than-significant impacts to transportation related to conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. (Draft Supplemental EIR, p. 4.13-11.) Additionally, the City finds that the Project will implement the following regulatory requirements (Draft Supplemental EIR, p. 4.13-4): RR T-1: The City will design and operate a balanced, multimodal circulation system network with all users in mind—including bicyclists, public transportation vehicles and riders, and pedestrians of all ages and abilities in line with the California Complete Streets Act (Assembly Bill 1358). RR T-2: Projects pursuant to the General Plan Update will implement fire protection requirements as detailed in the Orange County Fire Authority’s Fire Prevention Guidelines and in the California Fire Code. Explanation of the Rationale: The Project would enhance the existing circulation network by including improvements to existing roadways, providing a new internal network of private roadways and loading zones to encourage the safe movement of people and goods, and providing adequate parking for residents and visitors to the Project site. Additionally, the Project would maintain the existing public transit stops located within, directly adjacent to, or in the vicinity of the Project site and would continue to serve the ridership in the area which would include the residents, employees, and visitors of the Project. The Project would also enhance the existing bicycle and pedestrian facilities within the Project vicinity to allow residents, visitors, and other City Council 28 – 85 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-35 users to travel throughout The Village. Therefore, the Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system for roadways, transit, bicycle or pedestrian facilities. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.13-11 – 4.13-14.) Threshold T-2: The Project would not conflict or be inconsistent with State CEQA Guidelines Section 15064.3(b). Findings: The City finds that the Project would result in less-than-significant impacts to transportation related to conflict or inconsistency with State CEQA Guidelines Section 15064.3(b). Additionally, the City finds that the Project will implement regulatory requirements RR T-1 through RR T-2 (listed above). (Draft Supplemental EIR, pp. 4.13-14 – 4.13-18.) Explanation of the Rationale: The Project is located in a Transit Priority Area (TPA), and the proposed land uses are consistent with the RTP/SCS. Additionally, the Project would not result in an increase in the VMT per service population (VMT/SP) from what was analyzed in the GPU PEIR. The Traffic Impact Study Guidelines identifies areas in the City that cannot be screened out because they are not located in a TPA and would, therefore, require a VMT analysis; however, the Project is not located within such an area and is therefore screened out of VMT analysis. Therefore, the Project would not conflict or be inconsistent with State CEQA Guidelines Section 15064.3(b). Impacts related to VMT as a result of the Project would be less than significant. (Draft Supplemental EIR, pp. 4.13-14 – 4.13-18.) Threshold T-3: The Project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Findings: The City finds that the Project would result in less-than-significant impacts to transportation related to substantially increasing hazards due to a geometric design feature or incompatible uses. Additionally, the City finds that the Project will implement regulatory requirements RR T-1 through RR T-2 (listed above). (Draft Supplemental EIR, pp. 4.13-18 – 4.13-19.) Explanation of the Rationale: The Project would change circulation and mobility throughout the Project site by providing sidewalks, pedestrian paths, and a bicycle network. Additionally, the Project would include improvements to existing roadways, including Sunflower Avenue, Plaza Drive, and Bear Street. All roadway improvements and new roadway construction would be constructed in accordance with the Orange County Fire Authority standards and requirements, the Santa Ana Citywide Design Guidelines, and design guidelines of the California Manual of Uniform Traffic Control Devices. Additionally, during construction, a traffic control plan would be implemented to ensure that appropriate construction traffic control measures are utilized for adequate and safe access and circulation within and near the Project site for all modes of transportation, including emergency vehicles. Consistent with the GPU PEIR, circulation network improvements are subject to review by the City’s Public Works engineering staff, which would ensure that roadway and circulation network improvements meet geometric design standards and, thus, would not substantially increase hazards. Lastly, the Project is consistent with the land use designation of the site and, thus, would not introduce any incompatible uses that would result in transportation hazards. Therefore, impacts related to substantially increased hazards due to a City Council 28 – 86 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-36 geometric design feature or incompatible uses would be less than significant. (Draft Supplemental EIR, pp. 4.13-18 – 4.13-19.) Threshold T-4: The Project would not result in inadequate emergency access. Findings: The City finds that the Project would result in less-than-significant impacts to transportation related to inadequate emergency access. Additionally, the City finds that the Project will implement regulatory requirements RR T-1 through RR T-2 (listed above). (Draft Supplemental EIR, p. 4.13-20.) Explanation of the Rationale: The proposed public and private roadways throughout the Project site would be designed to accommodate emergency vehicles for fire, ambulance, and police services. The roadways would not have restricted access such as gates that would prevent emergency vehicles from reaching the intended destinations. Roadway improvements and new roadway construction would be constructed in accordance with the Orange County Fire Authority standards and requirements. During construction, a traffic control plan would be implemented to ensure that adequate and safe access is available within and near the Project site. Appropriate construction traffic control measures would be utilized to ensure that emergency access to the Project site and the safe circulation of all modes of transportation is maintained on adjacent rights- of-way. Therefore, impacts related to inadequate emergency access would be less than significant. (Draft Supplemental EIR, p. 4.13-20.) Cumulative Impacts: The Project would not result in cumulative impacts concerning transportation. Findings: The City finds that the Project would result in less-than-significant cumulative impacts concerning transportation. Additionally, the City finds that the Project will implement regulatory requirements RR T-1 through RR T-2 (listed above). (Draft Supplemental EIR, pp. 4.13-21 – 4.13-3.) Explanation of the Rationale: Cumulative development under the GPU buildout and related projects, including surrounding jurisdictions for the Cities of Costa Mesa and Irvine, would be separately reviewed and approved by the respective jurisdiction to ensure their consistency with applicable programs, plans, ordinances, and policies; VMT impacts; and compliance with existing building and fire code standards associated with emergency access hazards. The Project would connect to the existing circulation system while providing new facilities to enhance the use of public transit, pedestrian, and bicycle mobility and would not conflict with a plan, ordinance, or policy addressing circulation; would be consistent with SCAG’s Connect SoCal RTP/SCS and provide for public transit options to future project users to further reduce VMT; and would be designed in conformance with the City and Orange County Fire Authority’s design standards to ensure that no potentially hazardous design features or inadequate emergency access would be introduced. Therefore, the Project’s contribution to cumulative impacts associated with transportation would not be cumulatively considerable. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.13-21 – 4.13-23.) City Council 28 – 87 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-37 4.17 UTILITIES AND SERVICE SYSTEMS Threshold U-1: The Project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. Findings: The City finds that the Project would result in less-than-significant impacts to utilities and service systems related to new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities. (Draft Supplemental EIR, pp. 4.15-22 – 4.15-27.) Additionally, the City finds that the Project will implement the following regulatory requirements (Draft Supplemental EIR, pp. 4.15-8 – 4.15-14): Water RR U-5: Any development implemented under the General Plan Update shall abide by the water conservation and efficiency requirements detailed in Chapter 8, Article XVI, Chapter 39, Article VI and Chapter 41, Article XVI of the Santa Ana Municipal Code. RR U-6: Water connection fees shall be paid in accordance with Chapter 39, Article II of the City’s Municipal Code and plumbing shall be installed in compliance with Chapter 8, Article III. RR U-7 (Water): Water Supply Assessments and written verifications shall be prepared for any development implemented under the General Plan Update that meets the criteria of Senate Bill 610 or Senate Bill 221. Wastewater RR U-1: Any sewer utility infrastructure improvement associated with development under the General Plan Update shall be designed, constructed, and operated in accordance with Chapter 8, Article III, and Chapter 39, Article III, and of the Santa Ana Municipal Code. RR U-2: Any new connections to the Orange County Sanitation District system or expansion of a previous connection shall pay a capital facilities charge in accordance with Ordinance No. OCSD-40. RR U-3: Sewer utility infrastructure improvements associated with development under the General Plan Update shall be designed, constructed, and operated in accordance with the Orange County Sanitation District’s Ordinance Nos. 25 and 48 and the wastewater discharge requirements of the National Pollutant Discharge Elimination System permit (Order No. R8-2012-0035). City Council 28 – 88 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-38 Stormwater RR U-8 (Stormwater): Storm drain shall be installed in compliance with Chapter 8, Article III, of the Santa Ana Municipal Code. RR HYD-1: All development pursuant to the General Plan Update shall comply with the requirements of the Construction General Permit (Order No. 2012-0006-DWQ) for stormwater discharges associated with construction activity. Compliance requires filing a Notice of Intent (NOI), a Risk Assessment, a Site Map, a Stormwater Pollution Prevention Plan (SWPPP) and associated best management practices (BMPs), an annual fee, and a signed certification statement. RR HYD-4: All development pursuant to the General Plan Update shall comply with the requirements of the Orange County MS4 Permit (Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010-0062). The MS4 Permit requires new development and redevelopment projects to: • Control contaminants into storm drain systems • Educate the public about stormwater impacts • Detect and eliminate illicit discharges • Control runoff from construction sites • Implement best management practices and site-specific runoff controls and treatments for new development and redevelopment. Dry Utilities RR U-10: New buildings are required to achieve the current California Building Energy and Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). RR U-11: All new appliances would comply with the 2012 Appliance Efficiency Regulations (Title 20, California Code of Regulations, Sections 1601 through 1608). Explanation of the Rationale: Water The Project would involve the installation of water mains, hydrants, fire sprinklers, and proposed recycled water and irrigation laterals and meters based on City and County input during the design permitting phase. The water infrastructure improvements would comply with the City of Santa Ana Design Guidelines for Water and Sewer Facilities and City of Santa Ana’s Construction Standards. Construction impacts associated with the installation of new water mains, fire hydrants, and water connections would be temporary and would primarily involve trenching in order to place the water lines below ground within previously disturbed roadways. Moreover, water infrastructure improvement projects were considered in the GPU PEIR and supported by City Council 28 – 89 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-39 GPU policies. Therefore, the Project’s impacts related to the relocation or construction of new or expanded water facilities would be less than significant. As such, impacts resulting from the Project would be less than significant. (Draft Supplemental EIR, p. 4.15-23.) Wastewater The Project would result in an increase in wastewater generation due to the Project site’s change in land use from commercial to mixed-use (i.e., residential uses and higher density would result in greater wastewater generation. The Project’s generated flow of 0.200 cubic feet per second (cfs) would match the existing flow and no additional wastewater capacity would be required. As part of Project development requirements, the Sewer Capacity Study, was submitted to the Orange County Sanitation District (OC San) to verify capacity of the County sewer mains. OC San review identified that there is existing capacity within the Sunflower trunk main; however, the smaller Vitrified Clay Pipe (VCP) sewer mains in Bear Street and Plaza Drive have no additional capacity beyond current discharges. Thus, the Project would include the construction of an on- site private sewer network that would convey a majority of sewer flows generated west of Plaza Drive within a private sewer network to connect to the City’s VCP sewer main. All new connections would be constructed per City and OC San standards. Final alignment, points of connections, and limits of sewer removal and replacement would be developed during the design permitting phase. All proposed wastewater infrastructure improvements and connections would comply with the City of Santa Ana Design Guidelines for Water and Sewer Facilities, City of Santa Ana’s Construction Standards and City and OC San standards, which provide design criteria and construction methods. Construction impacts associated with the installation of new sewer connections and facilities would be temporary and would primarily involve trenching in order to place the lines below ground. Further, the proposed wastewater infrastructure improvements would be located in areas within the Project site and in previously disturbed roadways, and thus, the impacts from installation and upgrades of the proposed on-site private sewer network are already accounted for in the various resource sections of this Supplemental EIR. Therefore, with the Project’s impacts related to the relocation or construction of new or expanded wastewater facilities would be less than significant. As such, impacts resulting from the Project would be less than significant. (Draft Supplemental EIR, pp. 4.15-23 – 4.15-25.) Stormwater The Project’s grading and storm drain network would be designed to match the existing drainage and flow patterns to best utilize the capacities available in the existing public storm drain system. The Project would integrate bio-filtration methods, pervious surfaces, and selective plant materials to encourage on-site water retention. Final routing of the storm drain system may require the construction of underground detention systems to handle a minimum of the 10-year design storm, per the latest version of the Orange County Local Drainage Manual and would be developed with City and County input during the design permitting phase. The proposed drain improvements would be constructed within previously disturbed roadways. Additionally, the impacts from installation and upgrades to the storm drain system are already accounted for in the various resource sections of this Supplemental EIR. Therefore, the Project’s impacts related to the relocation or construction of new or expanded stormwater facilities would be less than significant. As such, impacts resulting from the Project would be less than significant. (Draft Supplemental EIR, pp. 4.15-25 – 4.15-26.) City Council 28 – 90 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-40 Dry Utilities The Project would result in service lines for new buildings to be extended or relocated from the existing infrastructure. While the Project would increase energy demand at the site compared to existing conditions, it would be required to comply with the latest applicable Building Energy Efficiency Standards and CALGreen requirements which provide efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting reducing energy usage. The Project would also install solar panels on at least 30 percent of the roof area of buildings to generate electricity onsite, offsetting demand from Southern California Edison’s electrical distribution system. As such, energy consumption for the project would be below California Energy Commission’s forecasts, the City’s forecasted consumption for the proposed buildout of the General Plan in 2045, and the current Countywide usage. Therefore, Project development would not require Southern California Edison or Southern California Gas Company to obtain new or expanded electricity or natural gas facilities, other than those proposed on-site. Thus, the Project’s impacts related to the relocation or construction of new or expanded electrical or natural gas facilities would be less than significant. Further, the existing communication services such as telephone, wi-fi, and cable television would continue to be provided to the Project site by multiple providers. As various telecommunications providers are available in the region, no significant expansion or construction of the telecommunications network is anticipated. Therefore, the Project’s impacts related to the relocation or construction of new or expanded telecommunications facilities would be less than significant. As such, impacts resulting from the Project would be less than significant. (Draft Supplemental EIR, pp. 4.15-26 – 4.15-27.) Threshold U-2: The Project would have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years. Findings: The City finds that the Project would result in less-than-significant impacts to utilities and service systems related to water supply. Additionally, the City finds that the Project will implement regulatory requirements RR U-5 through RR U-7 (listed above). (Draft Supplemental EIR, pp. 4.15-27 – 4.15-30.) Explanation of the Rationale: Water demand for the Project during construction activities such as soil compaction, dust control, and truck wheel washing, would be supplied by water trucks and/or through connections to nearby water distribution lines. Construction activities would occur intermittently throughout the construction period and would be temporary in nature; therefore, construction impacts related to water supply would be less than significant. For operations, the net water demand generated by the Project site at buildout would be 339 acre- feet per year (AFY) which is approximately 1 percent of the overall City water demand. The Project’s future water demand from 2025 through 2045 would range from 300 AFY to 286 AFY. In addition to the City’s existing and planned future uses, the projected water demand for the Project would be met by the City’s water supply during normal, single-dry, and multiple-dry years. Additionally, the Project would comply with water conservation and efficiency requirements required by the Santa Ana Municipal Code, pay water connection fees, and implement GPU City Council 28 – 91 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-41 policies for water conservation, such as installing drought-tolerant plants, low-water turf surface, bio-filtration planters, green roofs, drip irrigation, and localized capture and reuse. Therefore, the Project would have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.15-27 – 4.15-30.) Threshold U-3: The Project would result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. Findings: The City finds that the Project would result in less-than-significant impacts to utilities and service systems related to wastewater treatment. Additionally, the City finds that the Project will implement regulatory requirements RR U-1 through RR U-3 (listed above). (Draft Supplemental EIR, pp. 4.15-30 – 4.15-31.) Explanation of the Rationale: The Project would result in an increase in wastewater flows generated from the Project site. The OC San’s Treatment Plant No. 1 serves the General Plan area and has a treatment capacity of 182 million gallons per day (mgd) and a minimum residual treatment capacity of 52 mgd. The Project would result in a 0.27-mgd increase in wastewater flows to Treatment Plant No. 1. Therefore, Treatment Plant No. 1 would have sufficient capacity to treat the 0.27 mgd of wastewater flows generated by the Project in addition to existing commitments. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.15-30 – 4.15--1.) Threshold U-4: The Project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Findings: The City finds that the Project would result in less-than-significant impacts to solid waste related to generation in excess of state or local standards, capacity of the local infrastructure or otherwise impair the attainment of solid waste reduction goals. (Draft Supplemental EIR, pp. 4.15-31 – 4.15-33.) Additionally, the City finds that the Project will implement the following regulatory requirements (Draft Supplemental EIR, p. 4.15-13): RR U-7 (Solid Waste): All development pursuant to the General Plan Update shall comply with Section 4.408 of the 2019 California Green Building Code Standards, which requires new development projects to submit and implement a construction waste management plan in order to reduce the amount of construction waste transported to landfills. RR U-8 (Solid Waste): All development pursuant to the General Plan Update shall store and collect recyclable materials in compliance with Assembly Bill 341. Green waste will be handled in accordance with Assembly Bill 1826. City Council 28 – 92 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-42 Explanation of the Rationale: Construction of the Project would generate a total of approximately 17,846 tons over the course of a 20-year period, a large percentage of which would occur during phase one, which includes demolition of the existing uses at the Project site. All future construction activities would be required to demonstrate compliance with Assembly Bill (AB) 939, which requires that at least 50 percent of waste produced is recycled, reduced, or composted. In addition, the project would be constructed in accordance with CALGreen, which requires recycling a minimum of 65 percent of the nonhazardous construction and demolition debris, and submittal of a construction waste management plan. Compliance with these regulations, as well as RR U-7 requiring implementation of a construction waste management plan, would ensure the project’s construction-related solid waste impacts would be less than significant. Operation of the Project would generate a total of approximately 35,700 pounds per day, or 17.85 tons per day (tpd). The maximum permitted capacity for the Frank Bowerman Sanitary Landfill and the Olinda Alpha Landfill are 11,500 tpd and 8,000 tpd, respectively. Both landfills have an average daily disposal rate of approximately 7,000 tpd, indicating that they would have sufficient capacity to accommodate the Project’s 17.85 tpd of solid waste (i.e., less than 1 percent of the residual disposal capacity of the Frank Bowerman Sanitary Landfill). The Project would also be required to comply with RR U-8, which states that all development pursuant to the GPU would be required to store and collect recyclable materials and green waste in accordance with AB 341 and AB 1826. Additionally, the Project would implement GPU policies to incorporate recycling and organics collection activities to align with state waste reduction goals. Therefore, the Project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.15-31 – 4.15-33.) Threshold U-5: The Project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Findings: The City finds that the Project would result in less-than-significant impacts to utilities and service systems related to compliance with solid waste federal, state, and local management and reduction statutes and regulations. Additionally, the City finds that the Project will implement regulatory requirements RR U-7 through RR U-8 (listed above). (Draft Supplemental EIR, p. 4.15-34.) Explanation of the Rationale: Construction of the Project would be required to comply with the requirements of AB 939, which requires that at least 50 percent of waste produced is recycled, reduced, or composted, and CALGreen, which requires recycling a minimum of 65 percent of the nonhazardous construction and demolition debris and submittal of a construction waste management plan. Operation of the Project would also be required to comply with AB 939; AB 341, which requires diversion of a minimum of 75 percent of operational solid waste; and Chapter 16 Article II of the City’s Municipal Code, which incorporates the waste requirements of SB 1383 for single-family, multi-family, and commercial uses. Additionally, the Project would implement waste disposal services to allow for trash, recycling, and food waste for all residential and commercial uses. Therefore, the Project would comply with applicable state and local regulations related to solid waste. Impacts would be less than significant. (Draft Supplemental EIR, pp. 4.15-31 – 4.15-33.) City Council 28 – 93 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-43 Cumulative Impacts: The Project would not result in cumulative impacts concerning utilities and service systems. Findings: The City finds that the Project would result in no cumulative impacts concerning utilities and service systems. Additionally, the City finds that the Project will implement regulatory requirements RR U-1 through RR U-3; RR U-5 through RR U-8; RR U-10 through RR U-11; RR HYD-1; and RR HYD-4 (listed above). (Draft Supplemental EIR, pp. 4.15-35 – 4.15-38.) Explanation of the Rationale: Water The geographic context for the analysis of cumulative impacts to water supply and infrastructure is the City’s water service area, which covers 27.5 square miles and includes the City of Santa Ana and a small neighborhood in the City of Orange, near Tustin Avenue and Fairhaven by the northeast corner of Santa Ana. The City’s 2020 UWMP forecasts the water supply and demand for its water service through 2045 which considers the GPU buildout assumptions and accounted for the water demand generated by the types of land uses proposed by the related projects within the City’s water service area. As such, the City would have adequate water supplies to meet the water demand during normal, single dry, and multiple dry years through 2045. In addition, the City is able to purchase more water from MWD if necessary. Further, projects resulting from GPU buildout and the related projects would be required to comply with regulatory requirements and GPU policies that promote water conservation, prepare a Water Supply Assessment, and require City review of each water service connection and infrastructure improvement. The Project would have a less than significant impact on the City’s water infrastructure and the City would have sufficient water supplies to serve the Project during normal, single-dry, and multiple-dry years. Therefore, the Project’s contribution to cumulative impacts to water supply or infrastructure would not be cumulatively considerable, and as such, cumulative impacts to water supply or infrastructure would be less than significant. (Draft Supplemental EIR, pp. 4.15-35 – 4.15-38.) Wastewater The geographic context for the analysis of cumulative impacts to wastewater conveyance and treatment would be the sewer service area of the City, which encompasses 27.2 square miles, and OC San’s service area, which covers a 479-square-mile area of central and northwest Orange County and includes the cities of Santa Ana, Costa Mesa, and Irvine. Buildout of the GPU and related projects would increase wastewater generation, thus cumulatively increasing wastewater generation and infrastructure capacity, potentially requiring the relocation or construction of new or expanded wastewater facilities. However, they would be required to perform a sewer monitoring study to determine the adequacy of the sewer system, to pay the OC San Capital Facilities Charge for new connections to the OC San System, and adhere to local standards. Additionally, wastewater flows would be conveyed to OC San’s Treatment Plant No. 1 or Treatment Plant No. 2 for treatment which has a combined total capacity of 632 mgd. The project’s connections and upgrades to the sewer lines would result in less-than-significant impacts. In addition, wastewater generated by the Project would be adequately served by OC San’s Treatment Plant No. 1. Therefore, the Project’s contribution to cumulative impacts to wastewater City Council 28 – 94 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-44 conveyance and treatment infrastructure would not be cumulatively considerable, and cumulative impacts related to wastewater treatment would be less than significant. (Draft Supplemental EIR, p. 4.15-36.) Stormwater The extent of analysis of cumulative impacts for storm drainage systems is contiguous with the City and Orange County Flood Control District (OCFCD) service areas. Depending on the project type and design (e.g., new construction or significant reconstruction), buildout of the GPU and all related projects could cumulatively increase stormwater flows, potentially requiring the relocation or construction of new or expanded stormwater facilities; however, they would adhere to the requirements of the NPDES and applicable permits (e.g., MS4, Industrial General Permit, and Construction General Permit), which prevent post-development stormwater flows from exceeding pre-development flows. Further, GPU buildout and the related projects would undergo the development and review process and require hydrology studies as needed to assess stormwater runoff and drainage. As such, GPU buildout and the related projects would result in less than significant cumulative impacts related to stormwater. The Project’s grading and storm drain network would be designed to match the existing drainage and flow patterns to best utilize the capacities available in the existing public storm drain system. The Project would integrate bio-filtration methods, pervious surfaces, and selective plant materials to encourage on-site water retention to ensure less than significant impacts related to stormwater drainage. Therefore, the Project’s contribution to cumulative impacts related to stormwater or infrastructure would not be cumulatively considerable, and thus, cumulative impacts to stormwater or infrastructure would be less than significant. (Draft Supplemental EIR, pp. 4.15-36 – 4.15-37.) Solid Waste The extent of analysis of cumulative impacts for solid waste collection and disposal services is contiguous with the Waste Management of Orange County service area. Solid waste generated by GPU buildout and the related projects within the City of Santa Ana would be primarily disposed of at the Frank R. Bowerman Sanitary Landfill in Irvine and the Olinda Alpha Landfill in Brea. The Orange County solid waste landfill system would continue maintain the 15-year countywide solid waste landfill capacity as required by AB 939. Both landfills have sufficient capacity to accommodate solid waste generated by the related projects and the Project. Moreover, the Project and related projects would comply with all regulatory requirements to reduce solid waste generation, including the requirements of AB 939, CALGreen, AB 341, and AB 1826, which would reduce the amount of solid waste generated. Therefore, the Project’s contribution to cumulative impacts related to solid waste would not be cumulatively considerable, and as such, cumulative impacts to solid waste would be less than significant. (Draft Supplemental EIR, pp. 4.15-37 – 4.15-38.) Dry Utilities The extent of analysis of cumulative impacts for dry utilities (i.e., natural gas and electricity services) is contiguous with the Southern California Gas Company and Southern California Edison service areas. Although future developments would result in the use of renewable and nonrenewable electricity and natural gas resources during construction and operation, which could limit future availability, the sizes and types of uses proposed by the GPU buildout and City Council 28 – 95 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-45 related projects would use such resources on a relatively small scale. Additionally, future development projects, including the Project, would be expected to incorporate energy conservation features in compliance with applicable regulations, such as the Title 24 standards, which include the CALGreen Code. The Project would not result in the need for expanded facilities from SoCalGas, SCE, or telecommunications providers, as the existing capacities for dry utilities would be sufficient to meet the Project’s needs. Thus, the Project’s contribution to cumulative impacts to dry utility services would not be cumulatively considerable, and as such, cumulative impacts to dry utility services would be less than significant. (Draft Supplemental EIR, p. 4.15-38.) 4.18 WILDFIRE Threshold W-1: The Project would not substantially impair an adopted emergency response plan or emergency evacuation plan. Findings: The City finds that the Project would result in no impact to wildfire related to impairing an adopted emergency response plan or emergency evacuation plan. (Draft Supplemental EIR, p. 5-13.) Explanation of the Rationale: The Project site is located within the City, which is not located in or near a state responsibility area or lands classified as a very high fire hazard severity zone (VHFHSZ). The nearest state responsibility area classified as VHFHSZ to the City is about four miles east along the western edge of Loma Ridge, and the nearest VHFHSZ in a local responsibility area is about 3.8 miles east at the southern tip of the Peters Canyon Regional Park. Therefore, the Project would not substantially impair an adopted emergency response plan or emergency evacuation plan, and no impact to wildfire would occur. (Draft Supplemental EIR, p. 5-13.) Threshold W-2: The Project would not, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. Findings: The City finds that the Project would result in no impact to wildfire related to exacerbating wildfire risks and exposing project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. (Draft Supplemental EIR, p. 5-13.) Explanation of the Rationale: As previously discussed, the Project site is located within the City, which is not located in or near a state responsibility area or lands classified as a VHFHSZ. Therefore, the Project would not, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. No impact to wildfire would occur. (Draft Supplemental EIR, p. 5-13.) Threshold W-3: The Project would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. City Council 28 – 96 9/16/2025 4 NO ENVIRONMENTAL EFFECTS AND LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS WITHOUT MITIGATION MEASURES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 4-46 Findings: The City finds that the Project would result in no impact to wildfire related to requiring the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. (Draft Supplemental EIR, p. 5-14.) Explanation of the Rationale: As previously discussed, the Project site is located within the City, which is not located in or near a state responsibility area or lands classified as a VHFHSZ. Therefore, the Project would not require the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment, and no impact to wildfire would occur. (Draft Supplemental EIR, p. 5-14.) Threshold W-4: The Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. Findings: The City finds that the Project would result in no impact to wildfire related to exposing people or structures to significant risks due to runoff, post-fire slope instability or drainage changes. (Draft Supplemental EIR, p. 5-14.) Explanation of the Rationale: As previously discussed, the Project site is located within the City, which is not located in or near a state responsibility area or lands classified as a VHFHSZ. Therefore, the Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. No impact to wildfire would occur. (Draft Supplemental EIR, p. 5-14.) Cumulative Impacts: The Project would not result in cumulative impacts concerning wildfire. Findings: The City finds that the Project would result in no cumulative impacts concerning wildfire. (Draft Supplemental EIR, pp. 5-13 – 5-14.) Explanation of the Rationale: The Project site is located within the City, which is not located in or near a state responsibility area or lands classified as a VHFHSZ. Therefore, no cumulative impacts to wildfire would occur. (Draft Supplemental EIR, pp. 5-13 – 5-14.) City Council 28 – 97 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-1 CHAPTER 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED Based on the Supplemental EIR, the Project would have less-than-significant environmental effects with mitigation incorporated for the specific areas associated with the topics identified below. 5.1 AIR QUALITY Threshold AQ-1: The Project would not conflict with or obstruct implementation of the applicable air quality plan with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that the following mitigation measure shall be implemented to reduce potentially significant air quality impacts resulting from the Project (Draft Supplemental EIR, p. 4.1-40): Project-Specific MM AQ-1: Prior to the issuance of occupancy permits, the Planning Division shall confirm that the proposed project’s Covenants, Conditions, and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used on-site shall utilize at least 50 percent electric landscaping equipment (e.g., lawnmowers, leaf blowers, hedge trimmers). All residential and non- residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Additionally, the City finds that the Project will implement the following regulatory requirements RR AQ-1 through RR AQ-3 (Draft Supplemental EIR, pp. 4.1-8 – 4.1-9): RR AQ-1: New buildings are required to achieve the current California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building Energy Efficiency Standards became effective January 1, 2020. The Building and Energy Efficiency Standards and CALGreen are updated tri-annually with a goal to achieve net zero buildings energy for 2030. RR AQ-2: Construction activities will be conducted in compliance with California Code of Regulations, Title 13, Section 2449, which requires that nonessential idling of construction equipment is restricted to five minutes or less. RR AQ-3: Construction activities will be conducted in compliance with any applicable South Coast Air Quality Management District rules and regulations, including but not limited to: City Council 28 – 98 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-2 • Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. • Rule 402, Nuisance, which states that a project shall not “discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.” • Rule 1113, which limits the volatile organic compound content of architectural coatings. • Rule 1466, Soil Disturbance. Projects that involve earth-moving activities of more than 50 cubic yards of soil with applicable toxic air contaminants are subject to this rule. Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.1, Air Quality, pages 4.1-27 through 4.1-30 of the Draft Supplemental EIR. The following presents a summary of that rationale: The determination of 2022 Air Quality Management Plan (AQMP) consistency focuses on the long-term influence of a project on air quality in the South Coast Air Basin (SCAB). The Project would not result in a long-term impact on the region’s ability to meet State and Federal air quality standards. Further, the Project’s long-term influence on air quality in the SCAB would also be consistent with the South Coast Air Quality Management District (SCAQMD) and Southern California Association of Government’s (SCAG’s) goals and policies and is considered consistent with the 2022 AQMP. As such, impacts resulting from the Project would be less than significant for volatile organic compounds (VOCs) with implementation of Project-Specific MM AQ-1 and regulatory requirements RR AQ-1 through RR AQ-3. Threshold AQ-2: The Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or State ambient air quality standard with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that the following mitigation measures shall be implemented to reduce potentially significant air quality impacts resulting from the Project (Draft Supplemental EIR, pp. 4.1-39 – 4.1-40): GPU PEIR MM AQ-1: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (SCAQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential City Council 28 – 99 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-3 to exceed the SCAQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction-related emissions could include, but are not limited to: • Require fugitive-dust control measures that exceed SCAQMD’s Rule 403, such as: o Use of nontoxic soil stabilizers to reduce wind erosion. o Apply water every four hours to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer’s standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit on-site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super-Compliant volatile organic compound paints for coating of architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the SCAQMD’s website. GPU PEIR MM AQ-2: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with SCAQMD methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the SCAQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service City Council 28 – 100 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-4 connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 Section 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant-provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star–certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star– certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Refer to Project-Specific MM AQ-1, above. Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.1, Air Quality, pages 4.1-31 through 4.1-41 of the Draft Supplemental EIR. The following presents a summary of that rationale: The evaluation provided in the Draft Supplemental EIR determined that the Project’s construction- related and operation phase-related air quality impacts would be less than significant, with the exception of operational VOC emissions during the summer. Regarding the mitigation measures in the GPU PEIR related to this threshold, the technical assessment and appendices prepared for the Project satisfy GPU PEIR MM AQ-1 and MM AQ-2, which require preparation of a technical assessment evaluating a potential project’s construction-related and operation phase-related air quality impacts. The possible mitigation measures to reduce short-term and long-term emissions City Council 28 – 101 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-5 listed under GPU PEIR MM AQ-1 and AQ-2 are either suggested for industrial uses or do not directly reduce operational VOC emissions. Therefore, Project-Specific MM AQ-1 would be implemented to reduce significant impacts related to VOCs during Project operations. Threshold AQ-3: The Project would not expose sensitive receptors to substantial pollutant concentrations with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that GPU PEIR MM AQ-1 (listed above) shall be implemented to reduce potentially significant air quality impacts resulting from the Project. (Draft Supplemental EIR, p. 4.1-39.) Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.1, Air Quality, pages 4.1-42 through 4.1-47 of the Draft Supplemental EIR. The following presents a summary of that rationale: The Project would not expose sensitive receptors to substantial pollutant concentrations, including to significant health risk impacts for residential sensitive receptors during project construction with the implementation of GPU PEIR MM AQ-1. Pursuant to GPU PEIR MM AQ-1, the Project requires use of construction equipment rated by the USEPA as having Tier 4 (model year 2008 or newer) emissions limits, applicable for engines between 50 and 750 horsepower. The total highest calculated carcinogenic risk would be approximately 7.36 in one million and would not exceed the SCAQMD threshold of 10 in one million with the implementation of GPU PEIR MM AQ-1. Therefore, construction activities associated with the Project are not anticipated to result in a significant cancer or other health risk to nearby sensitive receptors, and, as such, the health impacts during construction of the Project would be less than significant with mitigation incorporated. Further, by complying with GPU PEIR MM AQ-1, the Project would reduce construction-related DPM emissions and associated acute risk, and the highest maximum chronic and acute hazard index associated with the mitigated emissions from Project construction at residential sensitive receptors would be 0.136 and 0.918 and would not exceed the 1.0 chronic hazard index for individual significance. Therefore, the Project’s chronic and acute hazard index would be less than significant with mitigation incorporated. Cumulative Impacts: The Project would not result in cumulative impacts concerning air quality with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that GPU PEIR MM AQ-1 and Project Specific MM AQ-1 (listed previously) shall be implemented to reduce potentially significant air quality impacts resulting from the Project. (Draft Supplemental EIR, pp. 4.1-39 – 4.1-41.) City Council 28 – 102 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-6 Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.1, Air Quality, pages 4.1-48 through 4.1-51 of the Draft Supplemental EIR. The following presents a summary of that rationale: The Project would not have a considerable contribution to cumulative impacts related to consistency with applicable air quality plans or regional and localized emissions with the implementation of Project-Specific MM AQ-1, to reduce the Project’s operational emissions of VOCs and its contribution of ozone precursors to the SCAB to below the SCAQMD’s threshold of significance. Additionally, GPU PEIR MM AQ-1 would require the use of construction equipment rated by the USEPA as having Tier 4 emissions limits for engines between 50 and 750 horsepower to reduce the carcinogenic and acute hazard risks. Therefore, cumulative impacts related to consistency with applicable air quality plans and regional and localized emissions were determined to be less than significant after mitigation. 5.2 CULTURAL RESOURCES Threshold C-2: The Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines Section 15064.5 with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that the following mitigation measure shall be implemented to reduce potentially significant cultural resource impacts resulting from the Project (Draft Supplemental EIR, pp. 4.2-15 – 4.2-16): GPU PEIR MM CUL-6: If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist and a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground-disturbing construction and pre- construction activities in areas with previously undisturbed soil of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground-disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. and This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where City Council 28 – 103 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-7 relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.2, Cultural Resources, pages 4.2-14 through 4.2-16 of the Draft Supplemental EIR. The following presents a summary of that rationale: Due to the Project site’s past disturbances, which resulted in the disturbance of archaeological sites buried at shallow depths, the sensitivity for cultural resources consisting of archaeological sites is considered low at and near the surface of the Project site. However, this does not preclude the possibility that subsurface archaeological deposits underlie the project site, especially in areas where only minimal ground disturbance have occurred (i.e., the existing surface parking lots or structures with shallow foundations). Additionally, the sensitivity for potential buried prehistoric archaeological sites increases in the undisturbed soils at lower depths. The Project would require a maximum depth of 52 feet for the proposed subsurface parking garage increasing the sensitivity for potential buried prehistoric archaeological resources. Therefore, the Project would incorporate GPU PEIR MM CUL-6, which would reduce impacts to potential archaeological resources. With the implementation of the GPU PEIR MM CUL-6, impacts to archaeological resources would be less than significant. Cumulative Impacts: The Project would not result in cumulative impacts concerning cultural resources with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that GPU PEIR MM CUL-6 (listed previously) shall be implemented to reduce potentially significant cultural resource impacts resulting from the Project. (Draft Supplemental EIR, pp. 4.2-15 – 4.2-16.) Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.2, Cultural Resources, pages 4.2-17 through 4.2-19 of the Draft Supplemental EIR. The following presents a summary of that rationale: The Project would not have a considerable contribution to cumulative impacts related to archaeological resources with implementation of GPU PEIR MM CUL-6, which would reduce the potential to impact undiscovered resources during ground-disturbing activities during Project construction of the proposed subsurface parking garage. Incorporation of GPU PEIR MM CUL-6 would reduce the Project’s potential impacts to archaeological resources to less than significant levels. Therefore, the Project’s impacts to archaeological resources would not be cumulatively considerable. City Council 28 – 104 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-8 5.3 GEOLOGY AND SOILS Threshold G-1(ii): The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: strong seismic ground shaking, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that the following mitigation measures shall be implemented to reduce potentially significant geological impacts resulting from the Project (Draft Supplemental EIR, p. 4.4-11): Project-Specific MM G-1: Incorporation of and Compliance with a Design-Level Geotechnical Investigation. A final design-level geotechnical investigation that complies with all applicable state and local code requirements shall be prepared for each project structure by a qualified, California-licensed geotechnical engineer consistent with the California Building Code and City of Santa Ana requirements applicable at the time of issuance of grading or construction permits. The final design-level geotechnical investigation shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, dewatering, and other structural elements. The report recommendations shall be included in construction specifications and permits, approved by the City’s Building and Safety Division, and confirmed through on-site inspections. Project-Specific MM G-2: Implementation of Geotechnical Recommendations. Project plans, grading specifications, and construction permitting shall incorporate site-specific earthwork and ground improvement requirements related to seismic ground shaking, liquefaction, settlement, collapse, subsidence, and expansive soils consistent with the California Building Code and City of Santa Ana requirements applicable at the time of issuance of grading or construction permits as stated in the final design-level geotechnical investigation and approved by the City’s Building and Safety Division. This shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, dewatering, and other structural elements. Additionally, the City finds that the Project will implement regulatory requirements RR G-1 through RR G-3 (listed above). (Draft Supplemental EIR, pp. 4.4-3 – 4.4-4.) Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.4, Geology and Soils, pages 4.4-10 through 4.4-12 of the Draft Supplemental EIR. The following presents a summary of that rationale: One of the primary seismic hazards at the Project site is ground shaking due the Project site’s proximity to the San Joaquin Hills Blind Thrust Fault and the Newport-Inglewood Fault. Consistent with the GPU PEIR, the Project would be designed and constructed to meet or exceed current design standards as found in the latest California Building Code (CBC) and other applicable local, state, and federal codes to minimize impacts related to strong seismic ground shaking. City Council 28 – 105 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-9 Additionally, the City requires the Project-specific engineering design recommendations from a design-level geotechnical investigation be incorporated into grading plans and building specifications as a condition of construction permit approval. These recommendations have been incorporated into Project-Specific MM G-1 and MM G-2. Therefore, impacts to seismic ground shaking would be less than significant with mitigation incorporated. Threshold G-1(iii): The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: seismic-related ground failure, including liquefaction, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that Project-Specific MM G-1 and MM G-2 (listed previously) shall be implemented to reduce potentially significant geological impacts resulting from the Project. Additionally, the City finds that the Project will implement regulatory requirements RR G-1 through RR G-3 (listed above). (Draft Supplemental EIR, p. 4.4-11.) Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.4, Geology and Soils, pages 4.4-12 through 4.4-13 of the Draft Supplemental EIR. The following presents a summary of that rationale: Another primary seismic hazard at the Project site is potential ground deformation due to liquefaction, based on California Regional Geologic Maps indicating the Project site as having potentially liquefiable soil. Though the liquefaction analysis performed for the Project indicated that the Project site has low to moderate liquefaction potential due to the clay layer that caps the site and the depth to the liquefaction prone layers, Project-Specific MM G-1 and MM G-2 would be implemented which requires review and approval of the final design-level geotechnical investigation, including proper foundation design measures based on 2022 CBC standards, by the City’s Building and Safety Division as part of the construction permit approval process. Therefore, impacts to seismic-related ground failure, including liquefaction would be less than significant with mitigation incorporated. Threshold G-3: The Project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that Project-Specific MM G-1 and MM G-2 (listed previously) shall be implemented to reduce potentially significant geological and soil impacts resulting from the Project to less-than-significant. Additionally, the City finds that the Project will implement regulatory requirements RR G-1 through RR G-3 (listed above). (Draft Supplemental EIR, p. 4.4-11.) City Council 28 – 106 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-10 Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.4, Geology and Soils, pages 4.4-15 through 4.4-17 of the Draft Supplemental EIR. The following presents a summary of that rationale: The Project site is underlain by moderately compressible soils as well as soil with low to moderate potential for seismically induced settlements. Model analysis resulted in 1 to 2 inches of total settlement below a mat slab foundation. Implementation of Project-Specific MM G-1 and MM G- 2 to prepare a detailed geotechnical investigation in support of the final design plans and apply the recommendations which include measures related to foundation specifications for heavier, intermediate, and lighter structures, such as use of pile or pier foundations, mat/raft foundations, stone columns, injection grouting, or deep soil mixing, to reduce impacts related to settlement and collapse, would result in less than significant impacts related to settlement and collapse. In addition, the Project site has relatively shallow groundwater conditions. Direct groundwater extraction would not occur as part of the Project; however, excavations deeper than approximately 10 to 15 feet are likely to encounter groundwater seepage, and excavations deeper than 15 feet may encounter artesian conditions. Project-Specific MM G-1 and MM G-2 to prepare a detailed geotechnical investigation in support of the final design plans would include local dewatering and inflow control for excavations deeper than approximately 15 to 20 feet for construction activities. Therefore, impacts to subsidence would be less than significant with mitigation incorporated. Further, slope failure and landslides are not a major hazard in Santa Ana because the entire city is nearly flat. Lateral spreading is a type of liquefaction-induced ground failure on mildly sloping ground. Impacts related to landslides or lateral spreading are less than significant. Refer to Threshold G-1(iii) for the discussion on liquefaction. Threshold G-4: The Project would not be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that Project-Specific MM G-1 and MM G-2 (listed previously) shall be implemented to reduce potentially significant soil impacts resulting from the Project. Additionally, the City finds that the Project will implement regulatory requirements RR G-1 through RR G-3 (listed above). (Draft Supplemental EIR, p. 4.4-11.) Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.4, Geology and Soils, pages 4.4-17 through 4.4-18 of the Draft Supplemental EIR. The following presents a summary of that rationale: The Project site contains alluvium which consists primarily of clay and silt in the upper 15 to 20 feet, with local thin lenses of sandy alluvium. Below 20 feet, there is considerably more sand and sandy silt layers, with local thin layers of clay. Clay-based soils are susceptible to expansion; therefore, implementation of Project-Specific MM G-1 and MM G-2 would include recommendations or measures for preventing expansive soils as part of the detailed geotechnical City Council 28 – 107 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-11 investigation in support of the final design plans. Therefore, impacts to expansive soils would be less than significant with mitigation incorporated. Threshold G-6: The Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that the following mitigation measures shall be implemented to reduce potentially significant paleontological impacts resulting from the Project (Draft Supplemental EIR, p. 4.4-20 – 4.4-21): GPU PEIR MM GEO-2: Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with “low-to-high” paleontological sensitivity, the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. GPU PEIR MM GEO-3: In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. Project-Specific MM G-3: The project applicant shall retain a qualified professional paleontologist to monitor or supervise full-time monitoring should excavation occur into native Pleistocene-age soil and bedrock greater than 4 feet in depth. Ground disturbance refers to activities that would impact subsurface geologic deposits, such as grading, excavation, boring, etc. Activities taking place in current topsoil or within previously disturbed fill sediments, e.g., clearing, grubbing, pavement rehabilitation, do not require paleontological monitoring. Bedrock can occur at varying depths depending on the portion of the project area. If no significant fossils have been recovered after 50 percent of excavation has been completed, full-time monitoring may be modified to weekly spot-check monitoring at the discretion of the qualified professional paleontologist. If the qualified professional paleontologist determines during the course of excavations that project excavations are City Council 28 – 108 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-12 located within fill or disturbed soils, or that the sensitivity for significant paleontological resources is otherwise low, then monitoring may be reduced or suspended at the qualified professional paleontologist’s discretion. The determination to reduce or discontinue paleontological monitoring in the project area shall be based on the professional opinion of the qualified professional paleontologist regarding the potential for fossils to be present after a reasonable extent of the geology and stratigraphy has been evaluated. Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.4, Geology and Soils, pages 4.4-19 through 4.4-21 of the Draft Supplemental EIR. The following presents a summary of that rationale: No significant fossils have been previously recovered from the project area, but several vertebrate and invertebrate fossils have been recovered within one mile of the project area and exposures of rock formations are anticipated to underlie the Project area. The geology of the Project area may include Pleistocene-age deposits at unknown depths, suggesting that Project-related ground-disturbing activities, such as for the proposed subsurface parking garage that would require a maximum excavation depth of 52 feet, have the potential to destroy or otherwise adversely impact significant paleontological resources below young Holocene-age soils at unknown depths within the Project area. Therefore, the Project would implement GPU PEIR MMs GEO-2 and GEO-3. GPU MM GEO-2 requires consultation with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. In compliance with GPU PEIR MM GEO-2, construction activity for the Project would be monitored by a qualified paleontologist. GPU MM GEO-3 would require work be halted in the event of a fossil discovery. Additionally, Project-Specific MM G-3 provides procedures for paleontological monitoring. Therefore, impacts to paleontological resources would be less than significant with mitigation incorporated. Cumulative Impacts: The Project would not result in cumulative impacts concerning geology and soils, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that GPU PEIR MM GEO-2 and MM GEO-3 and Project-Specific MM G-1 through G-3 (listed previously) shall be implemented to reduce potentially significant geology and soils impacts resulting from the Project. Additionally, the City finds that the Project will implement regulatory requirements RR G-1 through RR G-3 (listed above). (Draft Supplemental EIR, pp. 4.4-11 and 4.4-20 – 4.4-21.) Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.4, Geology and Soils, pages 4.4-21 through 4.4-22 of the Draft Supplemental EIR. The following presents a summary of that rationale: Due to the site-specific nature of geological conditions (e.g., soils, geological features, subsurface features, seismic features), geological impacts are typically limited to individual projects and their project sites, and do not contribute to cumulative impacts. The GPU buildout and all projects on City Council 28 – 109 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-13 the related project lists would be subject to their own project-specific impact analysis and would be required to incorporate feasible mitigation measures to reduce any potentially significant impacts to a less than significant level. The Project would implement mitigation measures (i.e., Project-Specific MM G-1 and MM G-2) to reduce impacts to a less than significant level. As a result, the Project’s incremental effects would not cause the combined cumulative impacts to become significant and thus, are not cumulatively considerable. The GPU PEIR identified a significant but mitigable impact on previously unrecorded paleontological resources, to which the related projects could incrementally contribute. Such cumulative impacts from grading activities for projects within the City of Santa Ana would be reduced with the implementation of GPU PEIR MM GEO-1 through MM GEO-3. Additionally, all related projects (including those within Costa Mesa and Irvine) would adhere to their respective General Plan policies and/or mitigation measures to protect paleontological resources. The excavation required for the proposed subsurface parking garage could encounter sensitive sediments for paleontological resources. However, the Project would implement GPU PEIR MMs GEO-2 and GEO-3 and Project-Specific MM G-3, which would protect any discovered paleontological resources. Therefore, the Project’s contribution to cumulative impacts on paleontological resources would not be cumulatively considerable, and therefore, would be less than significant with mitigation incorporated. 5.4 NOISE Threshold N-1: The Project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that the following mitigation measure shall be implemented to reduce potentially significant noise impacts resulting from the Project (Draft Supplemental EIR, p. 4.9-32): Project-Specific MM NOI-1: Prior to the issuance of a permit to conduct nighttime construction activities (e.g., overnight concrete pours), the Project Applicant shall obtain a permit from the City to complete work outside the standard construction hours outlined in Santa Ana Municipal Code Section 18-314(e). In addition, the Project Applicant and/or contractor(s) shall develop a nighttime construction noise control plan that demonstrates the construction techniques that will be implemented to ensure noise levels remain below the Federal Transit Administration’s (FTA’s) nighttime construction noise criterion of 70 dBA Leq (A-weighted decibel equivalent sound level). Examples of such construction techniques include but are not limited to the following: • Locate stationary equipment (e.g., generators, air compressors, etc.) away from off-site residences/sensitive receptors. City Council 28 – 110 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-14 • Surround stationary equipment with noise barriers or utilize a temporary noise barrier to block the line of sight from such equipment to nearby off-site residences/sensitive receptors. • Identify minimum separation distances between mobile equipment (e.g., concrete mixer trucks, concrete pump trucks, etc.) and residences/sensitive receptors. Additionally, the City finds that the Project will implement the following regulatory requirements RR NOI-1 through RR NOI-3 (Draft Supplemental EIR, p. 4.9-4): RR NOI-1: California Building Code: The California Building Code (CBC), Title 24, Part 2, Volume 1, Chapter 12, Interior Environment, Section 1207.11.2, Allowable Interior Noise Levels, requires that interior noise levels attributable to exterior sources shall not exceed 45 dB in any habitable room. The noise metric is evaluated as either the day-night average sound level (Ldn) or the community noise equivalent level (CNEL), consistent with the noise element of the local general plan. The State of California’s noise insulation standards for non-residential uses are codified in the California Code of Regulations, Title 24, Building Standards Administrative Code, Part 11, CALGreen. CALGreen noise standards are applied to new or renovation construction projects in California to control interior noise levels resulting from exterior noise sources. Proposed projects may use either the prescriptive method (Section 5.507.4.1) or the performance method (Section 5.507.4.2) to show compliance. Under the prescriptive method, a project must demonstrate transmission loss ratings for the wall and roof-ceiling assemblies and exterior windows when located within a noise environment of 65 dBA CNEL or higher. Under the performance method, a project must demonstrate that interior noise levels do not exceed 50 dBA Leq(1hr). RR NOI-2: Construction Noise Sources: Section 18-314(e) of the Santa Ana Municipal Code prohibits construction activities to the hours of 7:00 AM to 8:00 PM Monday through Saturday. RR NOI-3: Stationary Noise Sources: Section 18.312 of the Santa Ana Municipal Code establishes standards for stationary noise sources. Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.9, Noise, pages 4.9-20 through 4.9-32 of the Draft Supplemental EIR. The following presents a summary of that rationale: The Project operational noise impacts would result in less than significant impacts. The Project’s construction noise would not have the potential to exceed the FTA’s construction noise criterion of 80 dBA Leq. Furthermore, Project construction activities would comply with the construction hours specified in Section 18-314(e) of the Santa Ana Municipal Code, which restricts construction activities to the daytime hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday. The only exception would be for nighttime concrete pours, which would occur a maximum of 2 nights per phase, should continuous pours be necessary for geotechnical considerations. Noise City Council 28 – 111 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-15 from nighttime construction activity could exceed the FTA’s nighttime construction noise criterion of 70 dBA Leq at off-site residential uses. As such, implementation of Project-Specific MM NOI-1 would reduce noise levels during nighttime concrete pours by at least 10 dBA. Project-Specific MM NOI-1 requires a nighttime construction control plan and implementation of construction techniques, including installation of temporary noise barriers or enclosures during Phases 2 and 3 to protect sensitive receptors to the north and west, use of mufflers on construction equipment, and placement of construction equipment away from sensitive receptors. Therefore, impacts to construction noise during nighttime concrete pours would be less than significant with mitigation incorporated. Cumulative Impacts: The Project would not result in cumulative impacts concerning noise, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that Project-Specific MM NOI-1 (listed previously) shall be implemented to reduce potentially significant noise impacts resulting from the Project. (Draft Supplemental EIR, p. 4.9-32.) Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.9, Noise, pages 4.9-36 through 4.2-44 of the Draft Supplemental EIR. The following presents a summary of that rationale: Construction activities associated with the Project and cumulative growth may overlap, resulting in increased construction noise in the Project vicinity. However, construction noise primarily affects the areas immediately adjacent to a construction site. Due to the distance and intervening structures, cumulative construction noise from related projects would not be perceptible. With exception of the Related Bristol Specific Plan Project, the related projects are located at distances well removed from the Project site. The Related Bristol Specific Plan Project is located directly to the east of the Project site of which construction of the area closest to the Project would not overlap (Related Bristol Specific Plan Phase 1 construction start 2026) with construction of the Project in the area directly adjacent (Project Phase 4 construction start 2036). The Related Bristol Specific Plan Project is anticipated to be completed in 2036. With the rapid attenuation of noise with distance, construction noise from the Project and Related Bristol Specific Plan Project would not combine to result in significant cumulative effects. The Project would implement Project- Specific MM NOI-1 to reduce noise levels during nighttime concrete pours by at least 10 dBA by requiring a nighttime construction control plan and implementation of construction techniques, including installation of temporary noise barriers or enclosures during Phases 2 and 3 to protect sensitive receptors to the north and west, use of mufflers on construction equipment, and placement of construction equipment away from sensitive receptors. In the unlikely event that nighttime concrete pours for both the Related Bristol Specific Plan Project and the Project occur on the same nights in the vicinity of each other, both projects would be required to obtain a permit from the City, including development of a nighttime construction noise control plan, as specified in the respective project-specific noise mitigation measures, which would reduce noise levels below the significance criteria. Cumulative impacts related to mobile, stationary, and vibration City Council 28 – 112 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-16 would be less than significant. Therefore, the Project’s contribution to cumulative impacts on noise would not be cumulatively considerable, and therefore, would be less than significant with mitigation incorporated. 5.5 TRIBAL CULTURAL RESOURCES Threshold TCR-1: The Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k), with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that the following mitigation measures shall be implemented to reduce potentially significant tribal cultural resource impacts resulting from the Project (Final Supplemental EIR, p. 3-9 – 3-11): GPU PEIR MM CUL-6, listed previously. Project-Specific MM TCR-1: Native American Monitor - Gabrieleño Band of Mission Indians-Kizh Nation: a. The project applicant shall retain a Native American monitor from or approved by the Gabrieleño Band of Mission Indians-Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at any project locations (i.e., both onsite and any offsite locations that are included in the project description/definition and/or required in connection with the proposed project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. b. A copy of the executed monitoring agreement shall be submitted to the Lead Agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. c. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered tribal cultural resources, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains City Council 28 – 113 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-17 and burial goods. Copies of monitor logs will be provided to the project applicant upon written request to the Tribe. d. Onsite tribal monitoring by the Kizh Nation and/or their representatives shall conclude upon the earlier of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant or lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant or Lead Agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh tribal cultural resources. Project-Specific MM TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial): Gabrieleño Band of Mission Indians-Kizh Nation a. Upon discovery of any tribal cultural resources, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered tribal cultural resource has been fully assessed by the Kizh monitor in consultation with a qualified archaeologist. The Kizh will recover and retain all discovered tribal cultural resources in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Project-Specific MM TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects: a. Native American human remains are defined in Public Resources Code Section 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. b. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resources Code Section 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. c. Human remains and grave/burial goods shall be treated alike per Public Resources Code Section 5097.98(d)(1) and (2). d. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. e. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. Project-Specific MM TCR-4: Native American Monitor - Juaneño Band of Mission Indians, Acjachemen Nation- Belardes: a. The Project applicant shall retain a Native American Monitor from or approved by the Juaneño Band of Mission Indians, Acjachemen Nation- Belardes. The monitor City Council 28 – 114 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-18 shall be retained prior to the commencement of any ground-disturbing activity for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/ definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. b. A copy of the executed monitoring agreement shall be submitted to the (City) prior to the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence ground disturbing activity. c. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered tribal cultural resources (TCRs), including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant upon written request to the Tribe. d. On-site tribal monitoring by the Juaneño Band of Mission Indians and/or their representatives shall conclude upon the latter of the following (1) written confirmation to the Tribe or Tribal monitoring agency from a designated point of contact for the Project applicant that all ground-disturbing activities and phases that may involve the Project are complete; or (2) a determination and written notification by the Tribe or Tribal monitoring agency to the Executive Director of the Planning and Building Agency, or designee that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact TCRs. Project-Specific MM TCR-5: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial) - Juaneño Band of Mission Indians, Acjachemen Nation- Belardes: a. Upon discovery of any tribal cultural resources (TCRs), all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Juaneño Band of Mission Indians monitor in consultation with a qualified archaeologist. The Tribe or Tribal monitoring agency will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Project-Specific MM TCR-6: Tribal Cultural Resource Finds, Dispute Resolution, and Final Disposition: If a tribal cultural resource is identified, then avoidance is the preferred treatment. If avoidance is not feasible and both Tribal monitoring entities claim cultural affiliation with and/or ancestral ties to the discovered resources, then a Cultural Resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the City Council 28 – 115 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-19 consulting tribes (Gabrieleño Band of Mission Indians-Kizh Nation and the Juaneño Band of Mission Indians, Acjachemen Nation-Belardes) and all subsequent finds shall be subject to this Plan. The consultation effort is intended to be a meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement on the appropriate treatment and disposition of TCRs discovered. Final disposition of any excavated resources may include, but would not be limited to, reburying, relocating, recording, and/or another culturally appropriate treatment such as transfer to one of the consulting tribes for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. If it is determined that mutual agreement cannot be reached within 30 days of the initial consultation meeting, the Plan shall be written such that any excavated resources shall be reinterred on site in a location free from future ground-disturbing construction activities after documentation is complete. Project construction will not resume within the immediate vicinity of the discovery (i.e., not less than the surrounding 50 feet) until the Cultural Resources Monitoring and Treatment Plan is prepared and implemented to the satisfaction of the City. Additionally, the City finds that the Project will implement the following regulatory requirements (Draft Supplemental EIR, p. 4.14-4): RR TCR-1: As per Assembly Bill 52, within 14 days of deciding to undertake a project or determining that a project application is complete, the lead agency must provide formal written notification to all tribes who have requested it. RR CUL-1: California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the proposed project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.14, Tribal Cultural Resources, pages 4.14-9 through 4.14-12 of the Draft Supplemental EIR and in Chapter 3, Revisions to the Draft Supplemental EIR, of the Final Supplemental EIR. The following presents a summary of that rationale: The Project’s Sacred Lands File search yielded negative results and additional research identified no historical or archaeological resources within the Project site and a 0.5-mile radius. The City consulted with the Gabrieleño Band of Mission Indians-Kizh Nation and the Juaneño Band of Mission Indians, Acjachemen Nation-Belardes. Due to the Project site’s location in an area where Native American tribes are known to have a cultural affiliation, there is the possibility that archaeological resources, including tribal cultural resources, could be encountered during ground disturbing construction activities. As previously discussed, excavations for the Project are anticipated to disturb a large part of the Project site to a maximum depth of approximately 52 feet City Council 28 – 116 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-20 for the subsurface parking garage. The sensitivity for potential buried prehistoric archaeological sites at the Project site is considered low at the surface and near surface due to past disturbances; however, the sensitivity increases in these undisturbed soils. Therefore, implementation of GPU PEIR MM CUL-6 would require monitoring during all ground-disturbing construction activity and pre-construction activities within previously undisturbed soils by a qualified archaeologist and a Native American monitor, worker training, and procedures in case of a find. In addition, Project- Specific MM TCR- 1 through MM TCR-5 are proposed for implementation as requested by the Gabrieleño Band of Mission Indians-Kizh Nation and the Juaneño Band of Mission Indians, Acjachemen Nation-Belardes, to require procedures for Native American monitoring and to avoid potential impacts to tribal cultural resources that may be unearthed from project construction activities. Project-Specific MM TCR-6 is proposed for resource identification, dispute resolution, and final disposition in the event of an unanticipated discovery of a tribal cultural resource. Therefore, Project impacts to tribal cultural resources would be less than significant with mitigation incorporated. Threshold TCR-2: The Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that GPU PEIR MM CUL-6 and Project- Specific MM TCR-1 through MM TCR-6 (listed previously) shall be implemented to reduce potentially significant tribal cultural resource impacts resulting from the Project. (Final Supplemental EIR, p. 3-9 – 3-11.) Additionally, the City finds that the Project will implement regulatory requirements RR TCR-1 through RR CUL-1 (listed above). (Draft Supplemental EIR, p. 4.14-4.) Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.14, Tribal Cultural Resources, pages 4.14-13 through 4.14-14 of the Draft Supplemental EIR and in Chapter 3, Revisions to the Draft Supplemental EIR, of the Final Supplemental EIR. The following presents a summary of that rationale: As previously discussed, the Project’s Sacred Lands File search yielded negative results and additional research identified no historical or archaeological resources within the Project site and a 0.5-mile radius. The City’s consultation with the Gabrieleño Band of Mission Indians-Kizh Nation City Council 28 – 117 9/16/2025 5 LESS-THAN-SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-21 and the Juaneño Band of Mission Indians, Acjachemen Nation-Belardes determined tribal cultural resources may potentially be encountered during ground disturbing construction activities. The potential to encounter buried prehistoric archaeological sites exists for excavation in undisturbed soils. Therefore, GPU PEIR MM CUL-6 and Project-Specific MM TCR-1 through MM TCR-6 would be implemented to require Native American monitoring during any ground disturbing activities on the Project site and to avoid potential impacts to tribal cultural resources that may be unearthed from Project construction activities. Therefore, project impacts to tribal cultural resources would be less than significant with mitigation incorporated. Cumulative Impacts: The Project would not result in cumulative impacts concerning tribal cultural resources, with the implementation of mitigation. Findings: The City finds that changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect as identified in the Final Supplemental EIR. Specifically, the City finds that GPU PEIR MM CUL-6 and Project- Specific MM TCR-1 through MM TCR-6 (listed previously) shall be implemented to reduce potentially significant tribal cultural resource impacts resulting from the Project. Additionally, the City finds that the Project will implement regulatory requirements RR TCR-1 through RR CUL-1 (listed above). (Draft Supplemental EIR, p. 4.14-4.) Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.14, Tribal Cultural Resources, pages 4.14-14 through 4.14-15 of the Draft Supplemental EIR and in Chapter 3, Revisions to the Draft Supplemental EIR, of the Final Supplemental EIR. The following presents a summary of that rationale: As previously discussed, the Project site and vicinity are not known to contain tribal cultural resources. However, the excavation required for the proposed subsurface parking garage could encounter prehistoric archaeological sites containing tribal cultural resources. If tribal cultural resources are encountered during construction, the Project has the potential to contribute to cumulative impacts. However, the Project would implement GPU PEIR MM CUL-6 and Project- Specific MM TCR-1 through MM TCR-6, which would protect any discovered tribal cultural resources. Therefore, the Project’s contribution to cumulative impacts on tribal cultural resources would not be cumulatively considerable and would be less than significant with mitigation incorporated. City Council 28 – 118 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 6-1 CHAPTER 6 SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL EFFECTS The Final EIR determined that the Project has potentially significant environmental effects that cannot be feasibly mitigated to less-than-significant levels, and such impacts would be significant and unavoidable. These impacts and the corresponding findings are identified below. 6.1 RECREATION Threshold R-1: The Project would increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Findings: The City finds that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final Supplemental EIR. While changes or alterations have been required in, or incorporated into, including regulatory requirement RR REC-1 below, the Project to address this significant effect on the environment, no feasible mitigation measures exist to reduce impacts to a less-than- significant level. RR REC-1: Residential development associated with the General Plan Update will be required to comply with the provisions of the Municipal Code Chapter 35, Article IV (Residential Development Fee). Residential development is mandated to pay fees, dedicate land in lieu thereof, or a combination of both for the purpose of preserving recreational facilities in the City. However, pursuant to PRC Section 21081(a)(3), as described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable based on specific overriding considerations found in Chapter 8 below. Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.12, Recreation, pages 4.12-10 through 4.12-13 of the Draft Supplemental EIR. The following presents a summary of that rationale: The Project would redevelop an approximately 17.2-acre site with a mix of residential and commercial uses and is conservatively estimated to provide housing for 3,815 individuals. To meet the GPU policy of providing 3 acres of public park or recreational space per 1,000 residents, the Project would need to provide a total of 11.4 acres. The Project would meet a significant portion of this increased need through provision of 7.5 acres of publicly accessible open space and common areas, which equates to providing 2 acres of publicly accessible open space per 1,000 residents. These publicly accessible areas include active spaces, such as walkways and a fitness loop, and passive open spaces, such as pocket parks and gathering areas for outdoor programming. Additionally, the Project would provide 6.3 acres of private outdoor and amenity spaces, including outdoor balconies and patios, pools and spas, communal gathering spaces, etc., totaling a combined 13.8 acres, or approximately 80 percent of the 17.2-acre Project site, of City Council 28 – 119 9/16/2025 6 SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL EFFECTS City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 6-2 public and private outdoor and recreational space to the residents. This total 13.8 acres is anticipated to meet the potential park and recreation needs of the Project residents; however, the Project residents may also use park and recreational facilities that are in the vicinity of the Project site. Such additional park visits may result in physical deterioration of recreational facilities due to the increased foot traffic and usage of park facilities. Such wear on facilities would be expected to contribute to the need for maintenance activities including, but are not limited to: replacement or fixing of picnic area tables and trash receptacles; painting and equipment maintenance of basketball, tennis, swimming, and other sports facilities; upkeep on playfield, trail, and landscaped areas; and maintenance of restroom and parking areas. Nonetheless, the Project would meet the City’s 2022 Parks Master Plan short-range goal of providing 1.5 acres of parkland per 1,000 residents and comply with applicable municipal code requirements and Regulatory Requirement (RR) REC-1 requiring residential development fees for the acquisition, construction, and renovation of park and recreation facilities pursuant to Santa Ana Municipal Code Section 35-108 of Chapter 35, Article 4, and Sections 35-110 and 35-111 of Chapter 35, Article 4. The Project would contribute additional public park and recreation space to the City’s available public parkland and recreational spaces at a ratio of 2 acres per 1,000 residents, which is higher than the 1.2 ratio assessed for the GPU buildout, in the GPU PEIR. Moreover, the Project would provide tax revenues to the City, including contributions to the applicable community facilities district, for park maintenance that would help offset the additional deterioration occurring from the Project residents. Taken together, the Project’s proposed 13.8 acres of outdoor and recreational space (comprised of 7.5 acres of publicly accessible open space and 6.3 acres of private outdoor and amenity spaces), combined with the payment of applicable fees and tax revenues serve to reduce potential impacts discussed in the GPU PEIR. Regardless, since the Project would not fully meet the GPU policy of providing 3 acres of parkland and recreation facilities per 1,000 residents, it is reasonably foreseeable that the Project would result in the increased use of existing parks and recreational facilities in a manner that results in accelerated substantial physical deterioration of the facilities. Furthermore, the City of Santa Ana is essentially fully built out and there is a lack of available vacant land to develop substantial new parks or expand existing facilities. Therefore, as identified in the GPU PEIR, there would be no feasible mitigation measures that would be able to reduce this significant impact, or the project’s contribution thereto, to a less-than-significant level. As such, impacts would be significant and unavoidable, which is consistent with the findings of the GPU PEIR. Threshold R-2: The Project would include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Findings: The City finds that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final Supplemental EIR. While changes or alterations have been required in, or incorporated into, including regulatory requirement RR REC-1 (listed above), the Project to address this significant effect on the environment, no feasible mitigation measures exist to reduce impacts to a less-than- significant level. However, pursuant to PRC Section 21081(a)(3), as described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable based on specific overriding considerations found in Chapter 8 below. City Council 28 – 120 9/16/2025 6 SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL EFFECTS City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 6-3 Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.12, Recreation, pages 4.12-13 through 4.12-15 of the Draft Supplemental EIR. The following presents a summary of that rationale: The Project would provide 7.5 acres of public park/recreation and open space, which when considering the Project’s 3,815 residents at maximum buildout, results in a ratio of 2 acres per 1,000 residents, which is higher than the 1.2 ratio (based on 516.86 acres for 431,629 residents) assessed in the GPU PEIR for the GPU buildout. Further, the Project would be developing this park/recreation and open space in the South Bristol Street Focus Area, an area identified by the GPU PEIR and the 2022 Parks Master Plan that is deficient in public parkland and recreational resources. Additionally, the Project would be required to pay applicable fees pursuant to Municipal Code Section 35-108 of Chapter 35, Article 4, and Sections 35-110 and 35-111 of Chapter 35, Article 4, in accordance with RR REC-1, to be used towards the future expansion or renovation of parks and recreational facilities in the City, as well as other applicable community facilities district fees assessed to maintain park facilities. However, as previously discussed, the Project’s provision of parkland would not fully meet the GPU policy to provide a ratio of 3 acres of parkland for every 1,000 residents. While development of the Project would not result in significant unmitigable impacts to the environmental resources such as air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, transportation, and tribal cultural resources, development and operation of future new or expanded recreational facilities may have an adverse physical effect on the environment, including impacts relating to air quality, biological resources, lighting, noise, and traffic. Consequently, impacts from the Project would be potentially significant. As discussed in the GPU PEIR, the City of Santa Ana is essentially fully built out and there is limited available land to develop new parks or expand existing facilities, and there would be no feasible mitigation measures that would reduce significant impacts related to the City’s parkland to resident ratio to a less-than-significant level. The Project is consistent with the buildout envisioned in the GPU for the Project area, which was analyzed in the GPU PEIR along with buildout of the City and found to result in significant and unavoidable impacts related to related to recreation, based on the possibility that future project-specific developments could result in significant, adverse physical effects on the environment. The Project’s provision of 7.5 acres of public park and recreation facilities and applicable fees would lessen the impact identified in the GPU PEIR. Therefore, while the Project would contribute to the significant and unavoidable recreation impacts disclosed in the GPU PEIR, the Project would not result in a substantial increase in the severity of the previously identified impacts and would not result in any new significant impacts. Cumulative Impacts: The Project would result in cumulative impacts concerning recreation. Findings: The City finds that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final Supplemental EIR. While changes or alterations have been required in, or incorporated into, including regulatory requirement RR REC-1 (listed above), the Project to address this significant effect on the environment, no feasible mitigation measures exist to reduce impacts to a less-than- significant level. However, pursuant to PRC Section 21081(a)(3), as described in the Statement City Council 28 – 121 9/16/2025 6 SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL EFFECTS City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 6-4 of Overriding Considerations, the City has determined that this impact is acceptable based on specific overriding considerations found in Chapter 8 below. Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.12, Recreation, pages 4.12-15 through 4.12-18 of the Draft Supplemental EIR. The following presents a summary of that rationale: Together with the contribution from the Project’s maximum buildout of 3,815 persons and 7.5 acres of publicly accessible parks/recreation facilities and open space, the Project plus the related projects would result in a total of 14,273 persons and 21.4 acres of publicly accessible park/recreation facilities and open space, for a ratio of 1.5 acres per 1,000 residents. While the Project and the related projects would improve the GPU buildout’s parkland-per-resident ratio and would be required to provide park and recreational facilities and/or pay in-lieu fees as required by the municipal code, due to the lack of available land to develop new parks or expand existing facilities, the ratio would still remain below the GPU’s parkland standard. For this reason, the Project’s incremental contribution relating to the deficiency of parkland within the City would be cumulatively considerable. No feasible mitigation measures were identified in the GPU EIR to reduce this impact to a less than significant level and there remain no feasible mitigation measures. While the Project’s incremental contribution to cumulative impacts related to recreation would improve the existing cumulative scenario and the impacts identified in the GPU PEIR, cumulative impacts to recreation resources would remain significant and unavoidable. City Council 28 – 122 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 7-1 CHAPTER 7 FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Sections 15126(c) and 15126.2(c) of the CEQA Guidelines, require that an EIR address any significant irreversible environmental changes that would occur should the project be implemented. Generally, a project would result in significant irreversible environmental changes if any of the following would occur: • The project would involve a large commitment of non-renewable resources; • The primary and secondary impacts of the project would generally commit future generations to similar uses; • The project involves uses in which irreversible damage could result from any potential environmental accidents; or • The proposed consumption of resources is not justified. Commitment of the Proposed Project’s Site for Future Generations The Project site is developed with existing commercial uses. Implementation of the Project would continue the commercial uses and also provide residential uses. Secondary effects associated with construction and operation of the Project include: emissions of air pollutants; consumption of non-renewable energy; and increased ambient noise due to increased activities. However, the Project implements land uses and activities that were envisioned and analyzed in the GPU PEIR, and as analyzed in the aforementioned sections, the Project would not result in unmitigable significant impacts beyond those identified in the GPU PEIR. As a result, the Project would not result in a new commitment of the Project site for future generations. (Draft Supplemental EIR, pp. 5-3 – 5-4.) Large Commitment of Resources Resources that would be consumed during Project construction include water, electricity, natural gas, fossil fuels, and building materials, such as lumber, cement, steel, copper, other metals, glass, aggregate, asphalt, and composite materials. However, the building materials would largely be used during construction and would not be further consumed during operations. Additionally, use of such resources would not be unusual compared with other construction projects and would not substantially affect the availability of such resources. During operations, the proposed commercial and residential uses would consume utility resources, such as water, electricity, natural gas, and other petroleum-based fuels, as well as paints, solvents, and cleaner for normal maintenance activities, similar to other residential and commercial uses. The Project would not substantially affect the availability of such resources. (Draft Supplemental EIR, p. 5-4.) City Council 28 – 123 9/16/2025 7 FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 7-2 Consumption of Resources Construction and operation of the Project would require the use of both renewable and non- renewable resources and construction materials. However, the Project would not involve the wasteful or unjustifiable use of non-renewable resources during construction or long-term operation. None of the building materials anticipated for the Project would be unique, rare, in short supply, or require creation of new resource extraction sites or new manufacturing and delivery channels. The Project would meet the most current and latest Title 24 standards for energy efficiency and incorporate all applicable energy efficiency measures (solar panels, high efficiency lighting, energy efficient appliances, etc.), which help to reduce energy consumption. The Project site is also located in a designated Transit Opportunity Corridor and would develop the site with residential, commercial, office, and recreation opportunities that would encourage use of public transportation. Further, implementation of the Project would also satisfy the achievement of the Project objectives, which includes objectives that are beneficial to the growth and prosperity of the City. (Draft Supplemental EIR, p. 5-4.) Irreversible Environmental Damage Construction and long-term operation of the Project would involve the limited transport, storage, use, and disposal of hazardous materials related to typical residential and commercial uses. However, all hazardous materials used on the Project site would be used, stored, and disposed of in accordance with manufacturer’s standards and all applicable federal, state, and local requirements such as those set forth by the California Occupational Safety and Health Administration, California Emergency Management Agency, California Department of Toxic Substances Control, and the Orange County Environmental Health Division of the Health Care Agency. Further, the Phase I Environmental Site Assessment prepared for the Project did not identify recognized environmental conditions at the site that would create significant hazards to the public and environment. Therefore, the Project would not involve uses in which irreversible damage could result from a potential environmental accident associated with the Project. (Draft Supplemental EIR, pp. 5-4 – 5-5.) City Council 28 – 124 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 8-1 CHAPTER 8 FINDINGS REGARDING GROWTH-INDUCING IMPACTS Section 15126.2(e) of the State CEQA Guidelines requires a Draft EIR to discuss the ways the Project could foster economic or population growth or the construction of additional housing, directly or indirectly, in the surrounding environment. In accordance with State CEQA Guidelines Section 15126.2(e), a Project would be considered to have a growth-inducing effect if it would: • Directly or indirectly foster economic or population growth, or the construction of additional housing in the surrounding environment; • Remove obstacles to population growth (e.g., construction of an infrastructure expansion to allow for more construction in service areas); • Tax existing community service facilities, requiring the construction of new facilities that could cause significant environmental effects; or • Encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. In addition, State CEQA Guidelines states that that growth inducement must not be assumed. State CEQA Guidelines Section 15126.2(e) states that growth-inducing effects are not to be construed as necessarily beneficial, detrimental or of little significance to the environment. Therefore, the following analysis is provided as additional information on ways in which the Project could contribute to significant changes in the environment beyond the direct consequences of developing the land use concepts examined in the Draft Supplemental EIR. Establish substantial new permanent employment opportunities or otherwise stimulate economic activity such that it would result in the need for additional housing, businesses, and services to support increased economic activities. The Project would redevelop the site to provide up to 1,583 residential units (encompassing approximately 1,850,000 square feet of building space), 80,000 square feet of retail space, 300,000 square feet of office space, and approximately 7.5 acres of publicly accessible open space and common areas. Based on employment factors provided in the GPU PEIR, the proposed retail and office space would generate approximately 985 jobs, resulting in a generated net increase of 657 jobs compared to existing conditions. The generated net increase resulting from the Project would not exceed the projected increase for nonresidential uses and employment in the South Bristol Street Focus Area and therefore, would not result in unplanned employment growth. In addition, the Project would slightly reduce (improve) the City’s jobs to housing ratio and would benefit the City by introducing multi-family housing to the project site in a jobs-rich area in which employees would be able to easily commute to nearby employment opportunities. Because the area is jobs-rich, the addition of residential units in the area would not require additional job growth. Therefore, the residential units would not indirectly result in the need for additional employment opportunities, which could result in unplanned growth. City Council 28 – 125 9/16/2025 8 FINDINGS REGARDING GROWTH-INDUCING IMPACTS City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 8-2 Furthermore, jobs associated with the project’s retail and office uses would be filled to some extent by employees already residing in the vicinity of the Project. Residents and employees in the Project vicinity would have convenient access to sustainable multimodal transportation that would allow for walking, biking, and the use of existing transit, which could reduce vehicular trips and thus, reduce travel impacts related to traffic, air quality, and greenhouse gas emissions. In addition, as the Project would provide housing, it would not result in the need for additional housing. Implementation of the Project would stimulate economic activity as envisioned in the GPU in a manner that balances the City’s needs for housing, commerce, and recreation, without inducing unplanned growth. (Draft Supplemental EIR, p. 5-15.) Remove obstacles to growth, e.g., through the construction or extension of major infrastructure facilities that do not presently exist in the project area or would add substantial capacity that could accommodate additional unplanned growth. The Project is an infill redevelopment of an existing commercial property in the SBSFA. Overall, the Project would redevelop the existing on-site infrastructure systems for water, water quality, wastewater, and stormwater utility improvements to meet project-related demand. The new infrastructure would not provide additional capacity beyond what is needed to serve the Project. In addition, because the Project is within a developed area that is receiving services from existing utility infrastructure and would connect to the existing infrastructure, development of the Project would not result in an expansion of overall capacity, extension of infrastructure, or provision of services in areas or an unserved area. Therefore, implementation of the Project would not remove obstacles to growth or add substantial capacity that could accommodate additional unplanned growth. (Draft Supplemental EIR, pp. 5-15 – 5-16.) Remove obstacles to growth through changes in existing regulations pertaining to land development. Adoption of the Village Santa Ana Specific Plan, which contains the proposed development standards, permitted uses, and administrative processes for future development, pursues the envisioned buildout of the property as part of the City’s GPU Land Use Plan. The Project would be consistent with the land use designations proposed in the GPU PEIR, which allow for urban retail, residential, mixed-use, and employment centers with an intensity of up to 5.0 FAR and/or 125 dwelling units per acre. Additionally, the Project’s estimated 3,659 residents would be 3.8 percent of the GPU PEIR’s estimated 96,855 persons resulting from Citywide growth, and the proposed 1,583 housing units would be 4.4 percent of the GPU PEIR’s estimated 36,261 housing units planned to be added Citywide. Therefore, the population and housing growth from the Project would not exceed the growth identified in the GPU PEIR. The Project would generate a net increase of 657 jobs which would not exceed the increase in 3,505,130 square feet of nonresidential space and 7,855 jobs projected for the SBSFA. Further, the Project would have a 0.42 jobs to housing ratio (i.e., 657 jobs to 1,583 housing units). The City of Santa Ana is jobs-rich with an existing jobs-housing ratio of 2.0. The Project would slightly reduce (improve) the jobs to housing ratio and would benefit the City by introducing multi-family housing to the Project site in a jobs-rich area in which employees would be able to easily commute to nearby employment opportunities. In addition, as the area is jobs-rich, the addition of residential units in the area would not require additional job growth. Thus, the resulting population, housing, and employment growth from the Project would not exceed the growth identified in the GPU PEIR, and no new substantial unplanned population growth would occur that was not previously analyzed in the GPU PEIR. Further, Therefore, the Project would City Council 28 – 126 9/16/2025 8 FINDINGS REGARDING GROWTH-INDUCING IMPACTS City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 8-3 not remove obstacles to growth through changes in existing regulations pertaining to land development. (Draft Supplemental EIR, pp. 5-16 – 5-17.) Result in the Need to Expand One or More Public Service Facilities to Maintain Desired Levels of Service Implementation of the Project would result in increased demand for fire protection, police protection, school services, and recreational facilities. The provision of new or physically altered government facilities is typically associated with unplanned population growth or new residential development. Buildout of the Project would not increase demand beyond that assumed for buildout of the South Bristol Street Focus Area in the GPU PEIR, and thus, would not be considered unplanned population growth. Further, the Project would adhere to regulations and requirements such as undergoing site plan review by the Orange County Fire Authority and Santa Ana Police Department and payment of facility fees and developer/impact fees. Therefore, the Project would not result in the need to expand one or more public service facilities to maintain desired levels of service. (Draft Supplemental EIR, p. 5-17.) Involve Some Other Action that Could Encourage and Facilitate Other Activities that Could Significantly Affect the Environment The Project involves a zoning amendment to replace the existing SD-48 zoning of the Project site; however, the proposed amendment is specific to the allowable land uses at the Project site. The Project would not propose changes to any of the City’s building safety standards (i.e., building, grading, plumbing, mechanical, electrical, or fire codes). The Project would comply with all applicable City plans, policies, and ordinances. In addition, project features and mitigation measures have been identified to reduce potential environmental impacts to the amount feasible. Therefore, the Project would not involve some other action that could encourage and facilitate other activities that significantly affect the environment. (Draft Supplemental EIR, p. 5-17 – 5-18.) City Council 28 – 127 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-1 CHAPTER 9 FINDINGS REGARDING PROJECT ALTERNATIVES The Draft Supplemental EIR analyzed three alternatives to the Project as proposed and evaluated these alternatives for their ability to avoid or reduce the Project’s significant environmental effects while also meeting the majority of the Project’s objectives. The City finds that it has considered and rejected as infeasible the alternatives identified in the EIR and described below. This section sets forth the potential alternatives to the Project analyzed in the EIR and evaluates them in light of the Project objectives, as required by CEQA. Where significant impacts are identified, section 15126.6 of the State CEQA Guidelines requires EIRs to consider and discuss alternatives to the proposed actions. Subsection (a) states: (a) An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason. Subsection 15126.6(b) states the purpose of the alternatives analysis: (b) Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. In subsection 15126.6(c), the State CEQA Guidelines describe the selection process for a range of reasonable alternatives: (c) The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the Project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency’s determination. Additional information explaining the choice of alternatives may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed City Council 28 – 128 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-2 consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts. The range of alternatives required is governed by a “rule of reason” that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed Project. Alternatives are limited to ones that would avoid or substantially lessen any of the significant effects of the Project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the Project. As set forth in these findings, the implementation of the Project would not in result in significant impacts that are considered unavoidable, with the exception of impacts related to recreation. In making the alternatives findings below, the City of Santa Ana certifies that it has independently reviewed and considered the information on alternatives provided in the EIR, including the information provided in the comments on the Draft Supplemental EIR and the responses thereto. 9.1 DISCUSSION OF ALTERNATIVES CONSIDERED BUT REJECTED Section 15126.6(c) of the State CEQA Guidelines specifies that an EIR should (1) identify alternatives that were considered by the lead agency but were eliminated from detailed consideration because they were determined to be infeasible during the scoping process; and (2) briefly explain the reasons underlying the lead agency’s determination. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives; (ii) infeasibility; and/or (iii) inability to avoid significant environmental impacts. Alternatives that were considered but rejected during the scoping process for detailed evaluation in Section 6.5 Alternatives Considered but Rejected of the Draft Supplemental EIR are discussed below: 9.1.1 Buildout of the Zoning Designation Alternative The Buildout of the Zoning Designation Alternative would entail buildout of the project site pursuant to the standards and regulations in the City’s SD-48, amended in January 1989.1 The SD-48 permitted uses include, but are not limited to, retail specialty, office, restaurants, specialty markets, beauty salons, banks, and theaters. Conditional uses permitted included live dance entertainment and alcoholic beverage sales. The SD-48 also includes development standards for parking for land use types, building setbacks (at a minimum of 15 feet), height (at a maximum of 35 feet), landscaping, signage, and building uses. The project site is currently occupied by the South Coast Plaza Village commercial center on both sides of South Plaza Drive which consists of approximately 164,049 square feet of retail shops and restaurants, offices, and the Regency Theatres cinema building. The majority of the buildings are at the maximum height of 35 feet. The property also provides surface parking, a variety of trees and a half-acre open space lawn area. Therefore, the existing development at the project site is reflective of the standards established under SD-48. It is not realistic that the site would be redeveloped with new or modified commercial uses consistent with the existing SD-48 zoning. Additionally, the permitted uses under the SD-48 do not allow for residential, office, or open space uses. 1 City of Santa Ana, January 17, 1989, Specific Development No. 48, Amendment Application 1017 NS-1997. City Council 28 – 129 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-3 Finding: The City Council rejects the Buildout of the Zoning Designation Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) this alternative would not achieve the basic project objectives of developing a residential mixed-use residential project and would not implement the GPU’s vision for the South Bristol Street Focus Area; and (2) the alternative is technically, financially, and legally infeasible given that the existing development at the Project site is reflective of the standards established under SD-48 and it is not realistic the site would be redeveloped with new or modified commercial uses consistent with the existing SD-48 zoning Thus, this alternative was eliminated from further consideration 9.1.2 Off-Site Alternative According to State CEQA Guidelines Section 15126.6[f][2][A], only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR. The Project would not cause any new significant impacts or substantial increase in previously identified significant impacts from those identified in the GPU PEIR. As discussed in the project objectives, a fundamental purpose of building out the Project at the selected Project site is to implement the vision and objectives established in the City of Santa Ana General Plan for the South Bristol Street Focus Area, primarily to transform auto-oriented shopping plazas into walkable, bike-friendly, and transit-friendly urban villages. Thus, the Project would redevelop an existing auto-oriented plaza that has already been disturbed by previous uses and is served by existing services, avoiding the need for new construction at an undeveloped site. Additionally, due to their age, the existing buildings at the South Coast Plaza Village have outdated infrastructure, which results in operational inefficiencies and outdated seismic code compliance. The Project site is located in a fully developed urban area of the City of Santa Ana and acquiring off-site property may not be financially reasonable or logistically feasible. Acquiring new property outside of the existing project site would also not eliminate the need to transform the existing auto- oriented shopping plazas in the South Bristol Street Focus Area into urban villages. Furthermore, there are limited, if any available properties comparable to the Project site of sufficient size, dimensions, and land use designation (District Center), and without existing residences that would otherwise require displacement within the GPU-identified South Bristol Street Focus Area and South Coast Metro Area that would allow for high-intensity mixed uses. Finding: The City Council rejects the Off-Site Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative would not meet project objectives; and (2) acquiring off-site property may not be financially reasonable or logistically feasible. For these reasons, this alternative has been eliminated from further consideration. 9.2 ALTERNATIVES SELECTED FOR FURTHER ANALYSIS The following alternatives were selected for evaluation in Section 6.6 Alternatives Selected for Further Analysis of the Draft Supplemental EIR: • Alternative 1: No Project/No Build Alternative • Alternative 2: Reduced Project Alternative • Alternative 3: Reduced Project with No Subterranean Parking Alternative City Council 28 – 130 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-4 Table 9-1: Summary Comparison of the Impacts of the Alternatives provides, in summary format, a comparison between the level of impacts for each alternative and the Project. In addition, Table 9-2: Summary Comparison of the Alternatives’ Ability to Meet Project Objectives provides a comparison of the ability of each of the alternatives to meet the objectives of the Project. 9.2.1 Alternative 1: No Project/No Build Pursuant to State CEQA Guidelines Section 15126.6(e), the EIR is required to evaluate and analyze the impacts of a No Project Alternative. When the project is the revision of an existing land use or regulatory plan, policy, or ongoing operation, the No Project Alternative includes what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. Further, State CEQA Guidelines Section 15126.6(e)(3)(B) states, “In certain instances, the no project alternative means ‘no build’ wherein the existing environmental setting is maintained.” In addition, the No Project/No Build Alternative includes what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. Therefore, under this alternative, no new development would occur on the project site, and the site would remain in its existing condition as the South Coast Plaza Village with seven existing buildings, totaling approximately 164,049 square feet of existing commercial retail uses, with surface parking and landscaping. In this alternative scenario, the seven buildings are assumed to be fully operational as a shopping plaza with multiple retail uses, a restaurant, and a movie theater. (Draft Supplemental EIR, p. 6-7.) Environmental Effects: The No Project/No Build Alternative would result in the continued operation of the existing South Coast Plaza Village, containing seven commercial buildings, surface parking, and landscaping. Development and operation of the proposed mixed-use development would not occur. As a result, the No Project/No Build Alternative would result in reduced impacts related to construction and operation compared to the Project and would not require the mitigation measures related to air quality, cultural resources, geology and soils, noise, and tribal cultural resources. However, the benefits of the Project would also not occur, including implementation of the GPU South Bristol Street Focus Area objectives; improvements to roadway, pedestrian, bicycle infrastructure; low impact development (LID) -compliant infrastructure improvements; provision of housing within a Transit Priority Area (TPA); and improvements to the jobs/housing balance. Further, the No Project/No Build Alternative would not build out the GPU’s DC-5 designation as a major development activity area and anchor to the City’s commercial corridors and would not implement the GPU South Bristol Street Focus Area vision and objectives, or the SCAG policies promoting high-density, infill development. This alternative also would not assist in the improvement of the job/housing balance or reduction in vehicle miles traveled (VMT). Therefore, this alternative would not be consistent with the GPU and would not implement the City’s land use plan to the same extent as the Project. Impacts under the No Project/No Build Alternative related to land use would be greater than the less-than-significant impacts of the Project. Generally, the impacts of the No Project/No Build Alternative would be less in severity than those of the Project and would not require implementation of mitigation measures, with the exception of land use and planning; however, this alternative would not implement the benefits resulting from the Project. (Draft Supplemental EIR, pp. 6-8 – 6-13.) City Council 28 – 131 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-5 Attainment of Project Objectives: The No Project/No Build Alternative not meet any of the project objectives listed in Section 2.3, Project Objectives. The No Project/No Build Alternative would continue the operation of the existing South Coast Plaza Village and maintain the existing seven commercial buildings and surface parking. The No Project/No Build Alternative would not implement the mixed-use development, containing integrated residential and commercial uses, which contributes to the creation of a vibrant urban core by enhancing community amenities, recreational, and open space areas and providing alternative transportation and mobility options in the GPU South Bristol Street Focus Area. The Project site would remain a conventional auto- oriented shopping plaza with large surface parking areas. (Draft Supplemental EIR, pp. 6-13 – 6-14.) Findings: The City Council rejects Alternative 1: No Project/No Build Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to meet any of the basic Project objectives; (2) the alternative would result in increased impacts relating to land use and planning; and (3) the alternative is infeasible. 9.2.2 Alternative 2: Reduced Project Alternative The Reduced Project Alternative would reduce the commercial square footage, change the residential mix to reduce the number of residents, and remove the office uses from the mixed use development to minimize operational impacts to volatile organic compounds associated with area sources and construction-related impacts related to ground disturbance. Alternative 2 would reduce the total commercial square footage to 50,000 square feet, provide 1,433 multi-family residential units and 150 senior (age restricted) living units, and provide 7.5 acres of publicly accessible parks/recreation facilities and open space. To support the Reduced Project Alternative’s mix of uses, the total number of parking stalls would be reduced to 2,296 stalls. Further, the total amount of bicycle stalls would be reduced to 138 stalls. Maximum excavation depths would reach 14 feet below ground surface (bgs) for one level of subterranean parking under this alternative. (Draft Supplemental EIR, p. 6-14.) Environmental Effects: The Reduced Project Alternative would result in a reduced magnitude of construction-related impacts to air quality, GHG emissions, and noise. However, as with the Project, impacts would still be less than significant or less than significant with mitigation, which would be similar to those of the Project due to the similar types of construction activities. During operation, the Reduced Project Alternative would be expected to result in reduced emissions of criteria pollutants and GHGs, energy consumption, vehicle miles traveled, overall population, and demand for public services, parks, and utility services. The overall reduction in volume of these factors would occur primarily due to the reduced commercial square footage elimination of office uses, and the replacement of some standard residential units with senior living residences. The Reduced Project Alternative would provide 7.5 acres of publicly accessible parks/recreation facilities and open space, resulting in a slightly higher recreation-to-resident ratio of 2.1 acres per 1,000 residents than the Project. However, significant and unavoidable impacts to recreation would remain. Although the volume of impacts would be reduced by the Reduced Project Alternative in comparison to the Project, the Reduced Project Alternative would not eliminate the significant and unavoidable recreation impacts or the less than significant impacts of the Project. (Draft Supplemental EIR, pp. 6-14 – 6-20.) Attainment of Project Objectives: The Reduced Project Alternative would meet the project objectives, but not to the same extent as the Project. The Reduced Project Alternative would still transform the conventional auto-oriented shopping plaza with large surface parking areas to a City Council 28 – 132 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-6 mixed-use development. However, this alternative would not maximize the opportunities to the same extent as the Project as described in the Project objectives to incorporate a mix of high- intensity office and residential living with experiential commercial uses as there would be fewer retail services and no office uses. Although this alternative would still provide new retail services and associated jobs, the fewer retail services would result in a net decrease of jobs from existing conditions and would not complement the South Coast Metro area with a diversity of new housing in a jobs-rich environment as strongly as the Project. (Draft Supplemental EIR, p. 6-21.) Findings: The City Council rejects Alternative 2: Reduced Project Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to meet the basic Project objectives to the same extent as the proposed Project; and (2) the alternative fails to avoid or reduce the Project’s significant and unavoidable impacts relating to recreation. 9.2.3 Alternative 3: Reduced Project with No Subterranean Parking Alternative The Reduced Project with No Subterranean Parking Alternative would reduce residential and commercial uses and remove office space to minimize operational impacts to volatile organic compounds associated with area sources and avoid the construction-related impacts related to ground disturbance required for subterranean parking (i.e., excavations below 14 bgs). Alternative 3 would reduce the number of residential units to 1,000 units, the total commercial area to 25,000 square feet, and the publicly accessible parks/recreation facilities and open space to 6.8 acres. This alternative would not include the proposed subterranean parking level and associated excavation activities and would reduce the overall length and magnitude of construction phasing. Alternative 3 would construct two surface parking lots and a three-level parking garage in addition to the podium parking levels within the residential buildings. To support Alternative 3, a parking garage would be added to Block D (located in the northern central portion of the project site), and surface parking would be added to Blocks F and H (located in the eastern central portion and the center of the project site, respectively). The total amount of parking stalls would be reduced to 1,500 stalls, and the total amount of bicycle stalls would be reduced to 96 stalls. (Draft Supplemental EIR, p. 6-21.) Environmental Effects: The Reduced Project with No Subterranean Parking Alternative would result in a reduced magnitude of impacts related to construction activities and resulting area and depth of ground disturbance. As such, construction impacts related to air quality, cultural resources, geology and soils, GHG emissions, noise, and tribal cultural resources would be reduced. However, as with the Project, impacts would still be less than significant or less than significant with mitigation, but residual impacts would be less when compared to those of the Project. During operation, the Reduced Project with No Subterranean Parking Alternative would be expected to result in reduced emissions of criteria pollutants and GHGs, energy consumption, vehicle miles traveled, overall population, and demand for public services and utility services. The Reduced Project with No Subterranean Parking Alternative would provide 6.8 acres of publicly accessible parks/recreation facilities and open space, resulting in a higher recreation-to-resident ratio of 2.8 acres per 1,000 residents than the Project. However, significant and unavoidable impacts to recreation would remain. Although the volume of impacts would be reduced by the Reduced Project with No Subterranean Parking Alternative in comparison to the Project, the Reduced Project with No Subterranean Parking Alternative would not eliminate the significant and unavoidable recreation impacts or the less than significant impacts of the Project. (Draft Supplemental EIR, pp. 6-27 – 6-28.) City Council 28 – 133 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-7 Attainment of Project Objectives: The Reduced Project with No Subterranean Parking Alternative would not fully meet all of the project objectives. Though the Reduced Project with No Subterranean Parking Alternative would transform the conventional auto-oriented shopping plaza with large surface parking areas to a mixed-use development, this alternative would not maximize the opportunities as described in the project objectives as there would be fewer retail services and park space, no office uses, and no subsurface shared parking areas. The reduced commercial and removal of office uses would result in a net decrease of jobs from existing conditions that would not fully maximize the economic opportunities of the project site as encouraged by the GPU or complement the South Coast Metro area with a diversity of new housing in a jobs-rich environment. (Draft Supplemental EIR, p. 6-28.) Findings: The City Council rejects Alternative 3: Reduced Project with No Subterranean Parking Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to meet the basic Project objectives to the same extent as the proposed Project; and (2) the alternative fails to avoid or reduce the Project’s significant and unavoidable impacts relating to recreation. 9.3 ENVIRONMENTALLY SUPERIOR ALTERNATIVE CEQA requires a lead agency to identify the “environmentally superior alternative” when significant environmental impacts result from a proposed project and, in cases where the “No Project” Alternative is environmentally superior to the project, the environmentally superior development alternative must be identified. The Environmentally Superior Alternative for the proposed project would be the No Project/No Build Alternative. When the No Project alternative is identified as the environmentally superior alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. (State CEQA Guidelines, §15126.6(3)(1).) One alternative has been identified as “environmentally superior” to the Project: the Reduced Project with No Subterranean Parking Alternative. The reduction or elimination of project components under this alternative would result in reduced impacts to operational air quality emissions, energy, GHG emissions, noise, population and housing, transportation, and demand for public services and utility services. The Reduced Project with No Subterranean Parking Alternative would still require mitigation measures during construction related to air quality, cultural resources, geology and soils, noise, and tribal cultural resources, though the residual impacts would be less than those of the Project. Operation of the Reduced Project with No Subterranean Parking Alternative would still result in less than significant impacts that are similar when compared to the Project for hazards and hazardous materials, hydrology and water quality, and land use and planning. This alternative would also result in reduced operational air quality emissions, eliminating the need for the Project- Specific MM AQ-1. The Reduced Project with No Subterranean Parking Alternative would provide 6.8 acres of publicly accessible parks/recreation facilities and open space, resulting in a recreation-to-resident ratio of 2.8 acres per 1,000 residents which is higher than the 1.2 ratio of the GPU PEIR but lower than the GPU’s parkland standard of 3 acres per 1,000 residents. Thus, significant and unavoidable impacts to recreation would remain. Although the volume of impacts would be reduced by the Reduced Project with No Subterranean Parking Alternative in comparison to the Project, the Reduced Project with No Subterranean Parking Alternative would not eliminate the significant and unavoidable recreation impacts or the less than significant impacts of the Project. The Reduced Project with No Subterranean Parking Alternative would provide fewer residential units, retail services, and no office uses, and thus would implement the GPU South Bristol Street Focus Area objectives and many of the SCAG policies related to high- City Council 28 – 134 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-8 density, infill development, and improvement of the job/housing balance at a lesser extent than the Project. However, impacts to land use and planning would be less than significant and similar to those of the Project. Overall, although the magnitude of impacts would be less under the Reduced Project with No Subterranean Parking Alternative in comparison to the Project, the Reduced Project with No Subterranean Parking Alternative would not eliminate the significant and unavoidable recreation impacts, the less than significant impacts of the Project, or the need for mitigation. In addition, the Reduced Project with No Subterranean Parking Alternative would not fully meet all of the Project objectives. As previously discussed, though the Reduced Project with No Subterranean Parking Alternative would transform the conventional auto-oriented shopping plaza with large surface parking areas to a mixed-use development, this alternative would not maximize the opportunities as described in the Project objectives as there would be fewer retail services and park space, no office uses, and no subsurface shared parking areas. The reduced commercial and removal of office uses would result in a net decrease of jobs from existing conditions that would not fully maximize the economic opportunities of the Project site as encouraged by the GPU. Overall, with the exception of a few Project objectives, this alternative meets most of the Project objectives, but not to the same extent as the Project. (Draft Supplemental EIR, p. 6-29.) City Council 28 – 135 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-9 Table 9-1: Summary Comparison of the Impacts of the Alternatives Impact Topic GPU PEIR Impact Project Impact Alternative 1: No Project/ No Build Alternative Alternative 2: Reduced Project Alternative Alternative 3: No Subterranean Parking Alternative Air Quality S/U LTS/M Less (NI) Less (LTS/M) Less (LTS/M) Cultural Resources S/U LTS/M Less (NI) Similar (LTS/M) Less (LTS/M) Energy LTS LTS Less (NI) Less (LTS) Less (LTS) Geology and Soils LTS/M LTS/M Less (LTS) Similar (LTS/M) Less (LTS/M) Greenhouse Gas Emissions S/U LTS Similar (LTS) Less (LTS) Less (LTS) Hazards and Hazardous Materials LTS LTS Similar (LTS) Similar (LTS) Similar (LTS) Hydrology and Water Quality LTS LTS Similar (LTS) Similar (LTS) Similar (LTS) Land Use and Planning LTS LTS Greater (LTS) Similar (LTS) Similar (LTS) Noise S/U LTS/M Less (LTS) Less (LTS/M) Less (LTS/M) Population and Housing S/U LTS Less (NI) Less (LTS) Less (LTS) Public Services LTS LTS Less (NI) Less (LTS) Less (LTS) Recreation S/U S/U* Less (NI) Similar (S/U*) Less (S/U*) Transportation LTS LTS Similar (NI) Less (LTS) Less (LTS) Tribal Cultural Resources LTS/M LTS/M Less (NI) Similar (LTS/M) Less (LTS/M) Utilities and Service Systems LTS LTS Less (LTS) Less (LTS) Less (LTS) Notes: LTS = Less than Significant; LTS/M = Less than Significant with Mitigation; NI = No Impact; S/U = Significant and Unavoidable *Impacts do not increase the severity of the impacts identified in the GPU PEIR. Source: Michael Baker International, 2025. City Council 28 – 136 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-10 Table 9-2: Summary Comparison of the Alternatives’ Ability to Meet Project Objectives Objective Proposed Project Alternative 1: No Project/ No Build Alternative Alternative 2: Reduced Project Alternative Alternative 3: No Subterranean Parking Alternative Implement the vision and objectives established in the City of Santa Ana General Plan for the South Bristol Street Focus Area as the City’s southern gateway and part of the South Coast Metro area by creating opportunities to transform auto-oriented shopping plazas to walkable, bike-friendly, and transit-friendly urban villages that incorporate a mix of high-intensity office and residential living with experiential commercial uses. The following are based on the South Bristol Street Focus Area objectives: • Capitalize on the success of the South Coast Metro area; • Introduce mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented; • Provide for mixed-use opportunities while protecting adjacent, established low density neighborhoods Yes No Yes, but not to the same extent as the proposed project (no high-intensity office) Yes, but not to the same extent as the proposed project (no high-intensity office) Foster a neighborly environment that blends healthy living, working, shopping, and dining in a contemporary village environment. Yes No Yes, but not to the same extent as the proposed project (reduced commercial and removal of office uses) Yes, but not to the same extent as the proposed project (reduced commercial and removal of office uses) Anchor the South Bristol Street Focus Area, as envisioned by the City, by transforming conventional auto-oriented shopping plazas with large surface parking areas to a community that maximizes opportunities for onsite open space which can be accomplished through the provision of subsurface shared parking and intensity of land use permitted by the General Plan. Yes No Yes, but not to the same extent as the proposed project (reduced to one level of subterranean parking) No City Council 28 – 137 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-11 Table 9-2: Summary Comparison of the Alternatives’ Ability to Meet Project Objectives Objective Proposed Project Alternative 1: No Project/ No Build Alternative Alternative 2: Reduced Project Alternative Alternative 3: No Subterranean Parking Alternative Capture Orange County’s indoor-outdoor lifestyle through attention to detail in the design of buildings, selection of materials, infusion of nature in outdoor spaces, and the activities offered in the Village. Yes No Yes Yes Builds on the foundation of dynamic areas through new experiences in food, fitness, and artisan retail. Yes No Yes, but not to the same extent as the proposed project (fewer retail services may not include food, fitness, or artisan retail) Yes, but not to the same extent as the proposed project (fewer retail services) Complements the successful South Coast Metro area with a diversity of new housing in a jobs-rich environment. Yes No Yes, but not to the same extent as the proposed project (would result in a net decrease of jobs from existing) Yes, but not to the same extent as the proposed project (would result in a net decrease of jobs from existing) Attracts the innovative and start-up culture of Orange County and provides thoughtfully designed spaces to create and showcase new offerings. Yes No Yes, but not to the same extent as the proposed project (reduced commercial and removal of office uses) Yes, but not to the same extent as the proposed project (reduced commercial and City Council 28 – 138 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-12 Table 9-2: Summary Comparison of the Alternatives’ Ability to Meet Project Objectives Objective Proposed Project Alternative 1: No Project/ No Build Alternative Alternative 2: Reduced Project Alternative Alternative 3: No Subterranean Parking Alternative removal of office uses) Complements and does not compete with the emerging business environment of Downtown Santa Ana. Yes No Yes Yes Allow for the flexible redevelopment of the underutilized Project site to provide a balanced mix of residential and commercial uses in the South Bristol Street Focus Area that integrate into the existing urban systems and provide a safe and attractive environment for living and working, as encouraged by the GPU. Yes No Yes, but not to the same extent as the proposed project (reduced commercial and removal of office uses) Yes, but not to the same extent as the proposed project (reduced residential/commer cial and removal of office uses) Develop high quality residential spaces that reflect modern lifestyles, while responding to the vision of the GPU to help bring higher density housing into a jobs-rich area of the City planned for growth, to facilitate balancing the City’s jobs-housing ratio. Yes No Yes, but not to the same extent as the proposed project (reduced commercial and removal of office uses) Yes, but not to the same extent as the proposed project (reduced residential/commer cial and removal of office uses) Provide a positive contribution to the local economy through new capital investment, attraction of economic activity, and the expansion of the tax base. Yes No Yes, but not to the same extent as the proposed project (reduced commercial and removal of office uses) Yes, but not to the same extent as the proposed project (reduced commercial and removal of office uses) Enhance alternative transportation activity by creating a walkable and bikeable mixed-use development that links with existing facilities and Yes No Yes Yes City Council 28 – 139 9/16/2025 9 FINDINGS REGARDING PROJECT ALTERNATIVES City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 9-13 Table 9-2: Summary Comparison of the Alternatives’ Ability to Meet Project Objectives Objective Proposed Project Alternative 1: No Project/ No Build Alternative Alternative 2: Reduced Project Alternative Alternative 3: No Subterranean Parking Alternative transit services to encourage non-automotive travel within the Specific Plan area and the local community. Provide a project that contributes to the creation of a vibrant urban core for the City by providing engaging and attractive community amenities, recreational and open space areas, and gathering spaces that serve both residents of the project and the surrounding community. Yes No Yes Yes Create new open space and community-serving recreational amenities in an identified park-deficient area. Yes No Yes Yes Source: Michael Baker International, 2025. City Council 28 – 140 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 10-1 CHAPTER 10 STATEMENT OF OVERRIDING CONSIDERATIONS 10.1 INTRODUCTION The City of Santa Ana is the Lead Agency under CEQA for preparation, review and certification of the Supplemental EIR for proposed The Village Santa Ana Specific Plan Project (proposed Project or The Village). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed Project. In making this determination the City is guided by State CEQA Guidelines Section 15093, Statement of Overriding Considerations, which states: a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the unavoidable adverse impacts associated with the Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the Project, none of which both meet the Project objectives and are environmentally preferable to the Project for the City Council 28 – 141 9/16/2025 10 STATEMENT OF OVERRIDING CONSIDERATIONS City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 10-2 reasons discussed in the Findings (as described in Chapter 7, Findings Regarding Project Alternatives). The City of Santa Ana, as the Lead Agency for this Project, and having reviewed the information contained in The Village Santa Ana Specific Plan Draft Supplemental EIR and the Final Supplemental EIR, including responses to comments, and reviewed all written materials within the City’s public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the Project against the significant unavoidable adverse environmental impacts in reaching its decision to approve the Project. 10.2 SIGNIFICANT UNAVOIDABLE IMPACTS Although all potential project impacts have been substantially avoided or mitigated as described in the preceding findings, there is no complete mitigation for the Project impacts related to recreation. Details of the significant unavoidable adverse impacts related to recreation were discussed in the Supplemental EIR and are summarized or were otherwise provided in the CEQA Findings of Fact (as described above). 10.3 PROJECT BENEFITS The City, after balancing the specific economic, legal, social, technological, and other benefits of the Project, has determined that the unavoidable adverse environmental impacts identified above are considered acceptable due to the following specific considerations which outweigh the unavoidable, adverse environmental impact of the Project, each of which standing alone is sufficient to support approval of the Project, in accordance with Public Resources Code Section 21081(b) and State CEQA Guidelines Section 15093. The specific economic, legal, social, technological, or other benefits of the Project are as follows: • The Project implements the vision of the General Plan for the South Bristol Street Focus Area by: o Capitalizing on the success of the South Coast Metro area; o Introducing mixed-use urban villages and encouraging experiential commercial uses that are more walkable, bike friendly, and transit-oriented; o Providing for mixed-use opportunities while protecting adjacent, established low density neighborhoods. • The Project fosters a neighborly environment where residents can live, work, and recreate in a vibrant village community. • The Project anchors Santa Ana’s South Bristol Street Focus Area as envisioned by the City to transform conventional auto-oriented shopping plazas into dynamic nodes of activity that blend healthy living, working, shopping, and dining in a contemporary village environment with 7.5 acres of publicly accessible open space and common areas which captures Orange County’s indoor-outdoor lifestyle. • The Project allows for the flexible redevelopment of the underutilized project site to provide a balanced mix of residential, retail, recreation, and office uses in the South Bristol Street Focus Area that integrate into the existing urban systems and provide a safe and attractive environment for living and working, as encouraged by and consistent with the GPU. City Council 28 – 142 9/16/2025 10 STATEMENT OF OVERRIDING CONSIDERATIONS City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 10-3 • The Project will redevelop the underutilized and currently vehicle-centric site by introducing a mixed-use development within a Pedestrian Opportunity Zone by developing sidewalks, pedestrian pathways, and a fitness loop to encourage pedestrian mobility to reduce overall VMT compared to the existing conditions. • The Project provides a positive contribution to the local economy through new capital investment, the creation of new jobs, development of more commercial opportunities, attraction of economic activity, and the expansion of the tax base. • The Project develops high quality residential spaces that reflect modern lifestyles, while responding to the vision of the GPU to help bring higher density housing into a jobs-rich area of the City planned for growth, to facilitate balancing the City’s jobs-housing ratio. • The Project includes new residential and mixed-use buildings that would provide housing opportunities for residents in the City’s South Bristol Street Focus Area which complements the successful South Coast Metro area with a diversity of new housing in a jobs-rich environment and implements the goals and policies of SCAG’s Regional Transportation Plan/Sustainable Communities Strategy. • The Project enhances alternative transportation activity by creating a walkable and bikeable mixed-use development that links with existing facilities and transit services to encourage non-automotive travel within the Specific Plan area and the local community. • The Project contributes to the creation of a vibrant urban core for the City by providing vibrant and attractive community amenities, recreational and open space areas, and gathering spaces that are directly accessible to residents and the community, and takes advantage of the site’s location within the South Coast Metro area. • The Project provides community benefits commensurate with the Specific Plan development proposal including public open space onsite and locations for public community events, as well as streetscape improvements along the Project site frontages of Sunflower Avenue and Bear Street. 10.4 CONCLUSION The City Council finds that each of the specific economic, legal, social, technological, environmental, and other considerations, and the benefits of the Project separately and independently outweigh the remaining significant, adverse impacts related to recreation and is an overriding consideration independently warranting approval of the Project. The remaining significant adverse impacts identified in Chapter 6 above, are acceptable in light of each of these overriding considerations, and the substantial evidence that supports the enumerated benefits of the Project can be found in the Findings of Fact herein, the Final Supplemental EIR, the Project itself, and the record of all proceedings in connection with the approval of the Project. In the event that any court decision or regulatory action results in a determination that there are additional remaining significant impacts resulting from the City’s approval of the Project that cannot be avoided even with the incorporation of all feasible mitigation measures into the Project, the CEQA Findings of Fact and Statement of Overriding Considerations herein shall be deemed to apply to such additional remaining significant impacts. City Council 28 – 143 9/16/2025 City Council 28 – 144 9/16/2025 City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-1 CHAPTER 4 MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Environmental Impact Report has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a “reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6). In compliance with these requirements, the City of Santa Ana, lead agency, has prepared the Mitigation Monitoring and Reporting Program (MMRP) to ensure that adopted mitigation measures are successfully implemented for the Village Santa Ana Specific Plan Project (project). The MMRP for the project, presented as Table 4-1, lists the mitigation measures by environmental topic and identifies the timing for each measure, the responsible party, and the monitoring party. The City of Santa Ana is the lead agency for the project and is responsible for implementation of the MMRP. Any modifications to the terms and/or timing of the mitigation measures in this MMRP shall provide a level of environmental protection equal to, or greater than the approved mitigation measure. The City of Santa Ana, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed modifications and, if necessary, may refer said determination to the Planning Commission and/or City Council. Any costs associated with information required to make a determination of adequacy shall be borne by the Applicant. No changes to the MMRP shall be permitted unless the MMRP continues to satisfy the requirements of CEQA as determined by the City, the lead agency for the project. City Council 28 – 145 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-2 Table 4-1: Mitigation Monitoring and Reporting Program Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance AIR QUALITY RR AQ-1 New buildings are required to achieve the current California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building Energy Efficiency Standards became effective January 1, 2020. The Building and Energy Efficiency Standards and CALGreen are updated tri-annually with a goal to achieve net zero buildings energy for 2030. Prior to the issuance of occupancy permits Property Owner or Project Applicant City of Santa Ana Planning Division RR AQ-2 Construction activities will be conducted in compliance with California Code of Regulations, Title 13, Section 2449, which requires that nonessential idling of construction equipment is restricted to five minutes or less. During construction Project Applicant/ Construction Contractor City of Santa Ana Building Safety Division RR AQ-3 Construction activities will be conducted in compliance with any applicable South Coast Air Quality Management District rules and regulations, including but not limited to: • Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. • Rule 402, Nuisance, which states that a project shall not “discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.” Prior to demolition and during construction Project Applicant/ Construction Contractor City of Santa Ana Building Safety Division City Council 28 – 146 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-3 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance • Rule 1113, which limits the volatile organic compound content of architectural coatings. • Rule 1466, Soil Disturbance. Projects that involve earth-moving activities of more than 50 cubic yards of soil with applicable toxic air contaminants are subject to this rule. GPU PEIR MM AQ-1 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (SCAQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the SCAQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction-related emissions could include, but are not limited to: • Require fugitive-dust control measures that exceed SCAQMD’s Rule 403, such as: Prior to discretionary approval Project Applicant City of Santa Ana Planning Division Note: This measure has been satisfied with the analysis in The Village at Santa Ana Supplemental EIR, as described on p. 4.1-38 of the Draft Supplemental EIR. City Council 28 – 147 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-4 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance o Use of nontoxic soil stabilizers to reduce wind erosion. o Apply water every four hours to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer’s standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit on-site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super-Compliant volatile organic compound paints for coating of architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the SCAQMD’s website. City Council 28 – 148 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-5 GPU PEIR MM AQ-2 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase- related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with SCAQMD methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the SCAQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a Prior to discretionary approval Project Applicant City of Santa Ana Planning Division Note: This measure has been satisfied with the analysis in The Village at Santa Ana Supplemental EIR, as described on p. 4.1-38 of the Draft Supplemental EIR. City Council 28 – 149 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-6 reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and • Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant-provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star–certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star– certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter City Council 28 – 150 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-7 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance improvements are incorporated, as appropriate. Project- Specific MM AQ-1 Prior to the issuance of occupancy permits, the Planning Division shall confirm that the proposed project’s Covenants, Conditions, and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used on-site shall utilize at least 50 percent electric landscaping equipment (e.g., lawnmowers, leaf blowers, hedge trimmers). All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Prior to the issuance of occupancy permits Property Owner or Project Applicant City of Santa Ana Planning Division CULTURAL RESOURCES RR CUL-1 California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the proposed project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. During construction Project Applicant/ Construction Contractor City of Santa Ana Planning Division City Council 28 – 151 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-8 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance GPU PEIR MM CUL-6 If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist and a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground-disturbing construction and pre-construction activities in areas with previously undisturbed soil of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. Prior to and during construction activities and ground- disturbance activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division City Council 28 – 152 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-9 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance ENERGY RR E-1 Construction activities will be conducted in compliance with California Code of Regulations Section 2485, which requires that nonessential idling of construction equipment be restricted to five minutes or less. During construction Project Applicant/ Construction Contractor City of Santa Ana Building Safety Division RR E-2 At least 65 percent of all nonhazardous construction and demolition waste from nonresidential construction associated with future development in the plan area shall be recycled and/or salvaged for reuse in line with the 2016 California Green Building Standards Code Section 5.408 (California Code of Regulations, Title 24, Part 11). During construction Project Applicant/ Construction Contractor City of Santa Ana Building Safety Division RR E-3 New buildings implemented as part of the General Plan Update are required to achieve the current California Building Energy and Efficiency Standards (California Code of Regulations, Title 24, Part 6) and California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). Prior to the issuance of occupancy permits Property Owner or Project Applicant City of Santa Ana Planning Division RR E-4 Any appliances associated with development in the Plan Area shall meet the requirements of the 2012 Appliance Efficiency Regulations. Prior to the issuance of occupancy permits Property Owner or Project Applicant City of Santa Ana Planning Division RR E-5 Development under the General Plan Update shall support the goals of the renewables portfolio standard, SB 350, and SB 100 to achieve a tiered increase in the use of renewable energy to 60 percent by 2030, and 100 percent by 2045. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division RR E-7 Development under the General Plan Update shall be in compliance with state and local solid waste regulations including AB 939, AB 341, AB 1327, AB 1826, and Section 5.408 of 2016 California Green Prior to discretionary approval Project Applicant City of Santa Ana Planning Division City Council 28 – 153 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-10 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance Building Standards Code (California Code of Regulations, Title 24, Part 11). GEOLOGY AND SOILS RR G-1 Every public agency enforcing building regulations must adopt the provisions of the California Building Code (CBC), which is Title 24, Part 2 of the California Code of Regulations. The most recent version is the 2019 CBC (effective January 1, 2020). The CBC is updated every three years and provides minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions. The CBC also contains provisions for earthquake safety based on factors including occupancy type, the types of soil and rock on-site, and the strength of ground shaking with specified probability of occurring at a site. Prior to discretionary approval Project Applicant City of Santa Ana Building Safety Division RR G-2 Santa Ana Municipal Code, Chapter 8, Buildings and Structures. These codes address grading standards, excavation, and fills. This also includes compliance with regulations for unreinforced masonry structures in accordance with “Unreinforced Masonry Law,” found in California Government Code §§ 8875 et seq. The City of Santa Ana Building Official may place additional requirements upon the construction of infrastructure, buildings, and other improvements based on the findings from plan check, soils testing, and geotechnical investigations. Prior to discretionary approval Project Applicant City of Santa Ana Building Safety Division RR G-3 Santa Ana Municipal Code Section 39-51 requires that all buildings or structures within the city that require plumbing fixtures must be connected to a public sewer. Prior to discretionary approval Project Applicant City of Santa Ana Building Safety Division City Council 28 – 154 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-11 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance GPU PEIR MM GEO-2 Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with “low-to-high” paleontological sensitivity, the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. Prior to the issuance of grading or construction permits and, if necessary, during ground- disturbing activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division GPU PEIR MM GEO-3 In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. During ground- disturbing activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division Project- Specific MM G-1 Incorporation of and Compliance with a Design- Level Geotechnical Investigation A final design-level geotechnical investigation that complies with all applicable state and local code requirements shall be prepared for each project structure by a qualified, California-licensed geotechnical engineer consistent with the Prior to the issuance of grading or construction permits Project Applicant/ Construction Contractor City of Santa Ana Planning Division/City of Santa Ana Building Safety Division City Council 28 – 155 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-12 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance California Building Code and City of Santa Ana requirements applicable at the time of issuance of grading or construction permits. The final design- level geotechnical investigation shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, dewatering, and other structural elements. The report recommendations shall be included in construction specifications and permits, approved by the City’s Building and Safety Division, and confirmed through on-site inspections. Project- Specific MM G-2 Implementation of Geotechnical Recommendations Project plans, grading specifications, and construction permitting shall incorporate site- specific earthwork and ground improvement requirements related to seismic ground shaking, liquefaction, settlement, collapse, subsidence, and expansive soils consistent with the California Building Code and City of Santa Ana requirements applicable at the time of issuance of grading or construction permits as stated in the final design- level geotechnical investigation and approved by the City’s Building and Safety Division. This shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, dewatering, and other structural elements. Prior to the issuance of grading or construction permits Project Applicant/ Construction Contractor City of Santa Ana Planning Division/City of Santa Ana Building Safety Division Project- Specific MM G-3 The project applicant shall retain a qualified professional paleontologist to monitor or supervise full-time monitoring should excavation occur into native Pleistocene-age soil and bedrock greater than 4 feet in depth. Ground disturbance refers to activities that would impact subsurface geologic deposits, such as grading, excavation, boring, etc. Activities taking place in current topsoil or within During ground- disturbing activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division City Council 28 – 156 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-13 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance previously disturbed fill sediments, e.g., clearing, grubbing, pavement rehabilitation, do not require paleontological monitoring. Bedrock can occur at varying depths depending on the portion of the project area. If no significant fossils have been recovered after 50 percent of excavation has been completed, full- time monitoring may be modified to weekly spot- check monitoring at the discretion of the qualified professional paleontologist. If the qualified professional paleontologist determines during the course of excavations that project excavations are located within fill or disturbed soils, or that the sensitivity for significant paleontological resources is otherwise low, then monitoring may be reduced or suspended at the qualified professional paleontologist’s discretion. The determination to reduce or discontinue paleontological monitoring in the project area shall be based on the professional opinion of the qualified professional paleontologist regarding the potential for fossils to be present after a reasonable extent of the geology and stratigraphy has been evaluated. GREENHOUSE GAS EMISSIONS RR GHG-1 New buildings are required to achieve the current California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards (CALGreen) Code (Title 24, Part 11). The 2019 Building Energy Efficiency Standards became effective January 1, 2020. The Building and Energy Efficiency Standards and CALGreen are updated tri-annually. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division RR GHG-2 Construction activities are required to adhere to California Code of Regulations, Title 13, Section During construction Project Applicant/ Construction Contractor City of Santa Ana Building Safety Division City Council 28 – 157 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-14 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance 2449, which restricts the nonessential idling of construction equipment to five minutes or less. RR GHG-3 New buildings are required to adhere to the California Green Building Standards Code and Water Efficient Landscape Ordinance requirements to increase water efficiency and reduce urban per capita water demand. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division RR GHG-7 The California Green Building Standards Code (CALGreen) requires the recycling and/or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during most “new construction” projects (CALGreen Code §§ 4.408 and 5.408). Construction contractors are required to submit a construction waste management plan that identifies the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvaged for future use or sale and the amount (by weight or volume). Prior to discretionary approval Project Applicant/ Construction Contractor City of Santa Ana Planning Division Project- Specific MM AQ-1 See above under Air Quality -- -- -- -- HAZARDS AND HAZARDOUS MATERIALS RR HAZ-1 Hazardous materials and hazardous wastes will be transported to and/or from projects developed under the General Plan Update in compliance with any applicable state and federal requirements, including the U.S. Department of Transportation regulations listed in the Code of Federal Regulations (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards. During construction Project Applicant/ Construction Contractor City of Santa Ana Planning Division/City of Santa Ana Building Safety Division City Council 28 – 158 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-15 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance RR HAZ-2 Hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The projects developed under the General Plan Update will be designed and constructed in accordance with the regulations of the Orange County Health Care Agency, Environmental Health Division, which serves as the designated Certified Unified Program Agency. During construction Project Applicant/ Construction Contractor City of Santa Ana Planning Division/City of Santa Ana Building Safety Division RR HAZ-4 Demolition activities that have the potential to expose construction workers and/or the public to asbestos-containing materials or lead-based paint will be conducted in accordance with applicable regulations, including, but not limited to: • South Coast Air Quality Management District’s Rule 1403 • California Health and Safety Code (Section 39650 et seq.) • California Code of Regulations (Title 8, Section 1529) • California Occupational Safety and Health Administration regulations (California Code of Regulations, Title 8, Section 1529 [Asbestos] and Section 1532.1 [Lead]) • Code of Federal Regulations (Title 40, Part 61 [asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead]) During construction Project Applicant/ Construction Contractor City of Santa Ana Planning Division/City of Santa Ana Building Safety Division City Council 28 – 159 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-16 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance RR HAZ-5 The removal of hazardous materials, such as polychlorinated biphenyls (PCBs), mercury- containing light ballast, and mold, will be completed in accordance with applicable regulations pursuant to 40 CFR 761 (PCBs), 40 CFR 273 (mercury- containing light ballast), and 29 CFR 1926 (molds) by workers with the hazardous waste operations and emergency response (HAZWOPER) training, as outlined in 29 CFR 1910.120 and 8 CCR 5192. During construction Project Applicant/ Construction Contractor City of Santa Ana Planning Division/City of Santa Ana Building Safety Division RR HAZ-6 New construction, excavations, and/or new utility lines within 10 feet or crossing existing high- pressure pipelines, natural gas/petroleum pipelines, or electrical lines greater than 60,000 volts will be designed and constructed in accordance with the California Code of Regulations (Title 8, Section 1541). During construction Project Applicant/ Construction Contractor City of Santa Ana Planning Division/City of Santa Ana Building Safety Division RR HAZ-7 Development will be designed and constructed in accordance with the airport environs land use plan for John Wayne Airport. Building height restrictions, as specified in the airport environs land use plan, would apply in the city. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division/ALUC HYDROLOGY AND WATER QUALITY RR HYD-1 All development pursuant to the General Plan Update shall comply with the requirements of the Construction General Permit (Order No. 2022- 0057-DWQ) for stormwater discharges associated with construction activity. Compliance requires filing a Notice of Intent, a Risk Assessment, a Site Map, a Storm Water Pollution Prevention Plan and associated best management practices, an annual fee, and a signed certification statement. Prior to issuance of permit Project Applicant/ Construction Contractor City of Santa Ana Planning Division/City of Santa Ana Building Safety Division RR HYD-4 All development pursuant to the General Plan Update shall comply with the requirements of the Orange County MS4 Permit (Order R8-2009- Prior to issuance of permit Project Applicant/ City of Santa Ana Planning Division/City of City Council 28 – 160 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-17 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance 0030, NPDES No. CAS618030, as amended by Order No. R8-2010-0062). The MS4 Permit requires new development and redevelopment projects to: • Control contaminants into storm drain systems • Educate the public about stormwater impacts • Detect and eliminate illicit discharges • Control runoff from construction sites • Implement best management practices and site-specific runoff controls and treatments for new development and redevelopment Construction Contractor Santa Ana Building Safety Division RR HYD-5 All development pursuant to the General Plan Update shall comply with the requirements detailed in Chapter 18 Article IV of the Santa Ana Municipal Code. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division LAND USE AND PLANNING RR LU-1 Development associated with the General Plan Update would be designed and constructed in accordance with the applicable provisions of Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. Development within specific plan areas, overlay areas, and specific development districts would implement zoning and development standards that are applicable within these subareas in addition to those in the underlying zoning district. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division RR HAZ-7 See above under Hazards and Hazardous Materials Prior to discretionary approval Project Applicant City of Santa Ana Planning Division City Council 28 – 161 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-18 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance NOISE RR NOI-1 California Building Code: The California Building Code (CBC), Title 24, Part 2, Volume 1, Chapter 12, Interior Environment, Section 1207.11.2, Allowable Interior Noise Levels, requires that interior noise levels attributable to exterior sources shall not exceed 45 dB in any habitable room. The noise metric is evaluated as either the day-night average sound level (Ldn) or the community noise equivalent level (CNEL), consistent with the noise element of the local general plan. The State of California’s noise insulation standards for non-residential uses are codified in the California Code of Regulations, Title 24, Building Standards Administrative Code, Part 11, California Green Building Standards Code (CALGreen). CALGreen noise standards are applied to new or renovation construction projects in California to control interior noise levels resulting from exterior noise sources. Proposed projects may use either the prescriptive method (Section 5.507.4.1) or the performance method (Section 5.507.4.2) to show compliance. Under the prescriptive method, a project must demonstrate transmission loss ratings for the wall and roof-ceiling assemblies and exterior windows when located within a noise environment of 65 dBA CNEL or higher. Under the performance method, a project must demonstrate that interior noise levels do not exceed 50 dBA Leq(1hr). Prior to discretionary approval Project Applicant City of Santa Ana Planning Division RR NOI-2 Construction Noise Sources: Section 18-314(e) of the Santa Ana Municipal Code prohibits construction activities to the hours of 7:00 AM to 8:00 PM Monday through Saturday. During construction Project Applicant/ Construction Contractor City of Santa Ana Planning Division City Council 28 – 162 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-19 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance RR NOI-2 Stationary Noise Sources: Section 18.312 of the Santa Ana Municipal Code establishes standards for stationary noise sources (see Table 4.9-2: Land Use Compatibility for Community Noise Environments of the Draft Supplemental EIR). During construction Project Applicant/ Construction Contractor City of Santa Ana Planning Division Project Specific MM NOI-1 Prior to the issuance of a permit to conduct nighttime construction activities (e.g., overnight concrete pours), the Project Applicant shall obtain a permit from the City to complete work outside the standard construction hours outlined in Santa Ana Municipal Code Section 18-314(e). In addition, the Project Applicant and/or contractor(s) shall develop a nighttime construction noise control plan that demonstrates the construction techniques that will be implemented to ensure noise levels remain below the FTA’s nighttime construction noise criterion of 70 dBA Leq. Examples of such construction techniques include but are not limited to the following: • Locate stationary equipment (e.g., generators, air compressors, etc.) away from off-site residences/sensitive receptors. • Surround stationary equipment with noise barriers or utilize a temporary noise barrier to block the line of sight from such equipment to nearby off-site residences/sensitive receptors. • Identify minimum separation distances between mobile equipment (e.g., concrete mixer trucks, concrete pump trucks, etc.) and residences/sensitive receptors. Prior to issuance of a permit to conduct nighttime construction activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division/City of Santa Ana Building Safety Division City Council 28 – 163 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-20 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance PUBLIC SERVICES RR FP-1 New buildings are required to meet the fire regulations outlined in the California Health and Safety Code (Sections 13000 et seq.). Prior to the issuance of occupancy permits Property Owner or Project Applicant City of Santa Ana Planning Division RR SS-1 New residential and commercial development shall pay development fee authorized by Section 65996 of the California Government Code to be “full and complete school facilities mitigation.” Prior to discretionary approval Project Applicant City of Santa Ana Planning Division RR LS-1 New residential development shall pay a property excise tax per the City Municipal Code Section 35-114, Residential Development Tax. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division RECREATION RR REC-1 Residential development associated with the General Plan Update will be required to comply with the provisions of the Municipal Code Chapter 35, Article IV (Residential Development Fee). Residential development is mandated to pay fees, dedicate land in lieu thereof, or a combination of both for the purpose of preserving recreational facilities in the City. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division TRANSPORTATION RR T-1 The City will design and operate a balanced, multimodal circulation system network with all users in mind—including bicyclists, public transportation vehicles and riders, and pedestrians of all ages and abilities in line with the California Complete Streets Act (Assembly Bill 1358). Prior to discretionary approval Project Applicant City of Santa Ana Planning Division City Council 28 – 164 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-21 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance RR T-2 Projects pursuant to the General Plan Update will implement fire protection requirements as detailed in the Orange County Fire Authority’s Fire Prevention Guidelines and in the California Fire Code. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division TRIBAL CULTURAL RESOURCES RR TCR-1 As per Assembly Bill 52, within 14 days of deciding to undertake a project or determining that a project application is complete, the lead agency must provide formal written notification to all tribes who have requested it. Prior to discretionary approval Project Applicant City of Santa Ana Planning Division RR CUL-1 See above under Cultural Resources -- -- -- -- GPU PEIR MM CUL-6 See above under Cultural Resources -- -- -- -- Project- Specific MM TCR-1 Native American Monitor - Gabrieleño Band of Mission Indians-Kizh Nation: a. The project applicant shall retain a Native American monitor from or approved by the Gabrieleño Band of Mission Indians-Kizh Nation. The monitor shall be retained prior to the commencement of any “ground- disturbing activity” for the subject project at any project locations (i.e., both onsite and any offsite locations that are included in the project description/definition and/or required in connection with the proposed project, such as public improvement work). “Ground- disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. b. A copy of the executed monitoring agreement shall be submitted to the Lead Prior to and during ground- disturbing activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division City Council 28 – 165 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-22 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance Agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. c. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered tribal cultural resources, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant upon written request to the Tribe. d. Onsite tribal monitoring by the Kizh Nation and/or their representatives shall conclude upon the earlier of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant or lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant or Lead Agency that no future, planned construction activity and/or City Council 28 – 166 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-23 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance development/construction phase at the project site possesses the potential to impact Kizh tribal cultural resources. Project- Specific MM TCR-2 Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non- Ceremonial) - Gabrieleño Band of Mission Indians-Kizh Nation: a. Upon discovery of any tribal cultural resources, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered tribal cultural resource has been fully assessed by the Kizh monitor in consultation with a qualified archaeologist. The Kizh will recover and retain all discovered tribal cultural resources in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. During ground- disturbing activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division Project- Specific MM TCR-3 Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects: a. Native American human remains are defined in Public Resources Code section 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. b. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code During ground- disturbing activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division City Council 28 – 167 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-24 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance section 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. c. Human remains and grave/burial goods shall be treated alike per Public Resources Code section 5097.98(d)(1) and (2). d. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. e. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. Project- Specific MM TCR-4 Native American Monitor - Juaneño Band of Mission Indians, Acjachemen Nation- Belardes: a. The Project applicant shall retain a Native American Monitor from or approved by the Juaneño Band of Mission Indians, Acjachemen Nation- Belardes. The monitor shall be retained prior to the commencement of any ground-disturbing activity for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/ definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. b. A copy of the executed monitoring agreement shall be submitted to the (City) prior to the commencement of any ground- disturbing activity, or the issuance of any permit necessary to commence ground disturbing activity. During ground- disturbing activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division City Council 28 – 168 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-25 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance c. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered tribal cultural resources (TCRs), including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant upon written request to the Tribe. d. On-site tribal monitoring by the Juaneño Band of Mission Indians and/or their representatives shall conclude upon the latter of the following (1) written confirmation to the Tribe or Tribal monitoring agency from a designated point of contact for the Project applicant that all ground-disturbing activities and phases that may involve the Project are complete; or (2) a determination and written notification by the Tribe or Tribal monitoring agency to the Executive Director of the Planning and Building Agency, or designee that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact TCRs. City Council 28 – 169 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-26 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance Project- Specific MM TCR-5 Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non- Ceremonial) - Juaneño Band of Mission Indians, Acjachemen Nation- Belardes: a. Upon discovery of any tribal cultural resources (TCRs), all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Juaneño Band of Mission Indians monitor in consultation with a qualified archaeologist. The Tribe or Tribal monitoring agency will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. During ground- disturbing activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division Project- Specific MM TCR-6 Tribal Cultural Resource Finds, Dispute Resolution, and Final Disposition: If a tribal cultural resource is identified, then avoidance is the preferred treatment. If avoidance is not feasible and both Tribal monitoring entities claim cultural affiliation with and/or ancestral ties to the discovered resources, then a Cultural Resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the consulting tribes (Gabrieleño Band of Mission Indians-Kizh Nation and the Juaneño Band of Mission Indians, Acjachemen Nation- Belardes) and all subsequent finds shall be subject to this Plan. The consultation effort is intended to be a meaningful and timely process of seeking, discussing, and considering carefully the During ground- disturbing activities Project Applicant/ Construction Contractor City of Santa Ana Planning Division City Council 28 – 170 9/16/2025 4 MITIGATION MONITORING AND REPORTING PROGRAM City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 Final Supplemental Environmental Impact Report 4-27 Regulatory Requirements/Mitigation Measures Timing Responsible Party Monitoring Party Signature/Date of Compliance views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement on the appropriate treatment and disposition of TCRs discovered. Final disposition of any excavated resources may include, but would not be limited to, reburying, relocating, recording, and/or another culturally appropriate treatment such as transfer to one of the consulting tribes for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. If it is determined that mutual agreement cannot be reached within 30 days of the initial consultation meeting, the Plan shall be written such that any excavated resources shall be reinterred on site in a location free from future ground-disturbing construction activities after documentation is complete. Project construction will not resume within the immediate vicinity of the discovery (i.e., not less than the surrounding 50 feet) until the Cultural Resources Monitoring and Treatment Plan is prepared and implemented to the satisfaction of the City. City Council 28 – 171 9/16/2025 Ordinance No. NS-XXX Page 1 of 8 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2025-01 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP-6) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Justin McCusker, on behalf of South Coast Plaza, a California general partnership (“Applicant” and “Property Owner”), is seeking approval of various entitlements to facilitate the redevelopment of a 17.2 -acre site into a mixed-use urban village (“Project”). B. The project site is located along the southern edge of the City of Santa Ana (“City”), on the northeast corner of West Sunflower Avenue and South Bear Street, transected by South Plaza Drive. The project site includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W . Sunflower Avenue; 3820, 3840, and 3951 S. Plaza Drive; and 3811 and 3851 S. Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451-01, 412- 451-02, 412-451-03, and 412-451-04), collectively referred to as 1561 W. Sunflower Avenue (“Project Site”). C. The Project entitlements include Amendment Application (AA) No. 2025 -01 to establish The Village Santa Ana Specific Plan (Specific Plan No. 6 (SP - 6)) and to approve a zone change for the Project Site from Specific Development No. 48 (SD-48) to SP-6; Vesting Tentative Tract Map (VTTM) No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six buildable lots; and Development Agreement (DA) No. 2025-01 outlining terms and conditions for the Project. D. The Project entails, among other things, (1) demolition of the existing structures on the Project Site and (2) redevelopment of the Project Site into an urban village containing up to 1,583 residential units, 80,000 square feet of commercial/retail space, and 300,000 square feet of office space, including 7.5 acres of publicly accessible open space and on -site parking and landscaping. E. The Project Site is currently zoned as SD-48 and has a General Plan (GPU) land use designation of District Center–High (DC-5). City Council 28 – 172 9/16/2025 Ordinance No. NS-XXX Page 2 of 8 F. The Applicant is requesting approval and adoption of AA No. 2025-01 to (1) establish SP-6 and (2) approve a zone change for the Project Site from SD- 48 to SP-6. G. Pursuant to sections 41-592 and 41-667 of the Santa Ana Municipal Code (SAMC), approval of a specific plan and a zone change require approval of an ordinance by the City Council, with the Planning Commission serving as advisory body. H. Pursuant to Section 41-667 of the SAMC, the City Council must hold a hearing before approving any proposed zone changes, including changes to any sectional district maps. I. Pursuant to sections 41-664 and 41-666 of the SAMC, prior to being submitted to the City Council, a public hearing on a proposed zone change must be held before the Planning Commission and the Planning Commission must transmit its recommendation on the proposed zone change to the City Council. J. On August 11, 2025, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on the entirety of AA No. 2025-01, including both the proposed adoption of SP-6 and the proposed zone change for the Project Site, recommending approval of AA No. 2025-01 to the City Council. K. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the entirety of AA No. 2025- 01, including both the proposed adoption of SP-6 and the proposed zone change for the Project Site, is consistent with the GPU, including, but not limited to, its goals and policies, as follows: The Project implements the vision and objectives of the South Bristol Street Focus Area (SBSFA) by transforming an auto-oriented shopping center to a walkable, bike-friendly, and transit-friendly urban village that incorporates a mix of high-intensity office and residential living with experiential commercial uses. The Project is consistent with the allowed intensity and density of the DC-5 land use designation of the GPU. The Project also supports several goals and policies of the GPU. Specifically, the Project is consistent with the following goals and policies: • Policy CM-1.6 (Recreation on Private Property) of the Community Element, of promoting development and use of privately-owned recreation and entertainment facilities that help meet the needs of Santa Ana residents as the Project would include publicly accessible open space that would be made available to the general public through an irrevocable public access easement with the City and would remain in effect through the life of the Project. City Council 28 – 173 9/16/2025 Ordinance No. NS-XXX Page 3 of 8 • Policy CN-1.6 (New and Infill Residential Development) of the Conservation Element encourages development that is mixed use, pedestrian friendly, transit oriented, and clustered around centers. The Project would introduce a mixed-use urban village and encourage experiential commercial uses that are more walkable, bike-friendly, and transit-oriented. The Project would create a commercial core providing for sufficient local serving and destination retail uses, residential opportunities, workplaces, and entertainment amenities to enable residents and shoppers to reduce reliance on the automobile. • Policy EP-3.4 (Complete Communities) of the Economic Prosperity Element encourages the development of “complete communities” that provide a range of housing, services, amenities, and transportation options that support the retention and attraction of skilled workforce and employment. The Project would implement the vision of the SBSFA of creating an urban village that includes a range of uses. The Project would promote a business-friendly environment where businesses thrive and would facilitate a “complete community” with a range of housing, services, and amenities and transportation options to support the retention and attraction of a skilled workforce and employment base. • Policy HE-1.5 (Infrastructure and Public Services) of the Housing Element (HE) encourages the development of quality community facilities, physical infrastructure, traffic management and parking control, and other public services to promote the livability, safety, and vitality of neighborhoods. The Project would provide safe access points for pedestrians and bicyclists and would include new traffic signals along Bear Street and Plaza Drive to improve traffic management. The Parking Management Plan would also assist in controlling parking impacts. • Policy HE-2.6 (Housing Design) of the HE requires excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive (“green”) building and design practices. One primary objective of SP-6 is to bring high quality design to the Project Site, focusing on green standards, durable materials and visual integrity and timeless architecture. The Project would incorporate quality design, from the larger design of the commercial and residential structures to the small details of materials, landscaping, pedestrian network, and communal gathering spaces. • Policy LU-2.1 (Employment Opportunities) of the Land Use Element (LU) encourages a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. The Project would include a mix of land uses that will serve City Council 28 – 174 9/16/2025 Ordinance No. NS-XXX Page 4 of 8 as a catalyst for reinvestment, stimulate economic activity, commerce, and new development opportunities in and around the SBSFA. The Project would also have a positive contribution to the local economy through new capital investment, the creation of jobs, and the expansion of the tax base through the Project’s long-term investment and commitment to the City of Santa Ana. • Policy LU-2.3 (Supportive Spaces) of the LU element encourages providing a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues. One of the primary goals of the Project is to foster a neighborly environment where residents can live, work, and recreate in a vibrant village community. The Project would encourage walkability, safety, shopping and dining and would create community centric spaces for residents of all ages and abilities. • Policy LU-2.10 (Smart Growth) of the LU element emphasizes focusing high density residential in mixed-use villages, designated planning focus areas, downtown Santa Ana, and along major travel corridors. The Project is located with the SBSFA, a planned focus area. The Project would achieve the vision of the SBSFA of creating high density housing within and along a mixed-use village that would be the hub of activity, designed as a park-like setting that would create an intimate and relaxing environment. • Policy M-1.2 (Balanced Multimodal Network) of the Mobility Element encourages providing a balanced and equitable multimodal circulation network that reflects current and changing needs. The Project would accommodate a variety of transportation within and to/from the Project Site, including automobiles, walking, bikes, and rideshare. The Project would include an internal pedestrian network providing multiple access points along Bear Street, Sunflower Avenue, and Plaza Drive. Additionally, the Project would include for new bike lanes through and around the Project Site and bicycle parking stations. • Policy OS-1.9 (New Development) of the Open Space (OS) Element requires all new development to provide adequate parks and open space, including via parkland dedication or development fees, in order to meet the City’s Park standard. Ensure that new development includes pedestrian and multi-modal travel ways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. The Project would provide approximately 7.5 acres of publicly accessible open space, consisting of both active and passive open space that would be open to the general public through an irrevocable public access easement with the City and would remain in effect through the life of City Council 28 – 175 9/16/2025 Ordinance No. NS-XXX Page 5 of 8 the Project. Additionally, the Project would require 90 square feet of private open space and 100 square feet of active or passive op en space per unit. The Project also prioritizes open space as a key placemaking feature of the development. • Policy OS-2.1 (Recreation Variety) of the OS element encourages a variety of recreation facilities and activities to meet the diverse needs of the community. It also encourages the need for indoor and outdoor recreation opportunities, as well as traditional and trending activities. The Project would feature key open space areas. The Promenade has been designed to draw pedestrians from the residentia l area west of Bear Street, South Plaza Drive, and beyond to create a distinct destination along Sunflower Avenue. The Square is intended to be an intimate hub for public gathering, events, and relaxation from day to night. Various seating areas, water features, and experiential lighting and art are envisioned to activate the Square. A Fitness Loop would encircle and thread through the Project Site and include special markers to provide a continuous fitness path for residents and neighbors. The Recreation Lawn has been designed as an area where the community and their pets can gather and relax in a low - water-grass space. Moreover, the Project is consistent with and supports Implementation Action No. LU-2.12 (Distinctive Districts) of the LU that requires the development and adoption of specific plans or corridor plans for each of the five focus areas that establish regulations and design standards. A full list of all applicable General Plan goals and policies that support the Project are attached hereto as Exhibit A and incorporated herein by this reference. L. The City Council has weighed and balanced the G eneral Plan’s goals and policies and has determined that, based upon this balancing, the Project at 1561 W. Sunflower Avenue and AA No. 2025-01, including SP-6 and the zone change, are consistent with the purpose of the General Plan. M. The City Council also adopts as findings all facts presented in the Request for City Council Action dated September 16, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. For these reasons, and each of them, AA No. 2025-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity convenience and general welfare. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (SEIR) that analyzed the Project’s environmental impacts in accordance with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., CEQA ), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the CEQA Guidelines), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 52 days between April 17, 2025, and June 9, 2025. The document was made available online at the City’s website and available for review at City City Council 28 – 176 9/16/2025 Ordinance No. NS-XXX Page 6 of 8 Hall and the Southwest Senior Center in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 4, 2025. The Final SEIR is attached hereto as Exhibit B and incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves the AA No. 2025-01, and specifically, approves and adopts The Village Santa Ana Specific Plan (SP-6), a true and correct copy of which is attached hereto as Exhibit C and incorporated herein by this reference. This approval is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 16, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, also hereby approves the zone change for the Project Site from SD-48 to The Village Santa Ana Specific Plan (SP-6), as set forth in Amended Sectional District Map No. 35-5-10, a true and correct copy of which is attached hereto as Exhibit D and incorporated herein by this reference. This approva l is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 16, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 6. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development Project by taking the necessary steps and following the procedures established by sections 66020 through 66022 of the California Government Code. Section 7. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or City Council 28 – 177 9/16/2025 Ordinance No. NS-XXX Page 7 of 8 annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local cons titution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _____ day of _______________, 2025. _________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _________________________ Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: _______________________________________ NOES: Councilmembers: _______________________________________ ABSENT: Councilmembers: _______________________________________ ABSTENTIONS: Councilmembers: _______________________________________ City Council 28 – 178 9/16/2025 Ordinance No. NS-XXX Page 8 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ____________________, 2025. Date: _______________ _________________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 28 – 179 9/16/2025 City Council 28 – 180 9/16/2025 The Village Santa Ana Specific Plan - August 2025 Policy Plan Consistency Land Use Element POLICY LU-1.8 DEVELOPMENT TRADEOFFS Ensure that new development projects provide a net community benefit. The Specific Plan increases housing for the City while providing publicly accessible open space and expanding retail/commercial options. The Plan will create a space for shopping, dining and recreation as well as encourage walkable connections to the great South Coast shopping area. POLICY LU-1.9 PUBLIC FACILITIES AND INFRASTRUCTURE Evaluate individual new development proposals to determine if the proposals are consistent with the General Plan and to ensure that they do not compound existing public facility and service deficiencies. Chapter 3, Development Plan provides the proposed infrastructure plan to support development of the Village which will not compound existing public facility and service deficiencies. POLICY LU-2.1 EMPLOYMENT OPPORTUNITIES Provide a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. Chapter 2 and Chapter 3, the Plan provides for a mixed-use development that will increase housing and job opportunity, in accordance with the General Plan and the designated focus area. The Plan will create new spaces for a variety of commercial and retail uses. POLICY LU-2.3 SUPPORTIVE SPACES Provide a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues. Chapter 2, one of the primary goals of the Plan is to foster a neighborly environment where residents can live, work, and recreate in a vibrant village community. Through a variety of land uses, and plans to encourage walkability, safety, shopping and dining the Plan will create community centric spaces for residents of all ages and abilities. POLICY LU-2.5 BENEFITS OF MIXED-USE Encourage infill mixed-use development at all ranges of affordability to reduce vehicle miles traveled, improve jobs/housing balance, and promote social interaction Chapter 2 and 3, A primary focus of the plan is to transform conventional auto-oriented shopping plazas into dynamic nodes of activity that blend healthy living, working, shopping, and dining in a contemporary village environment. Increasing housing opportunities adjacent to retail and commercial centers encourages residents to walk or bike for essential shopping needs. POLICY LU-2.10 SMART GROWTH Focus high density residential in mixed-use villages, designated planning focus areas, Downtown Santa Ana, and along major travel corridors. Chapter 2, The plan is designated in the Bristol Street focus area. The new development will achieve the vision to create high density housing within and along mixed- use villages. As noted by the Guiding Principles, in Chapter 2, unlike traditional commercial centers dominated by surface parking, this neighborhood village will be the hub of activity, designed within a parklike setting that creates an intimate and relaxing environment. City Council 28 – 181 9/16/2025 Appendix B: General Plan Consistency Policy Plan Consistency POLICY LU-4.1 COMPLEMENTARY USES Promote complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. Chapter 2 and 3, the Village Santa Ana is a mixed use village with a thoughtfully designed site plan that focuses on balance and seamless integration of different uses. A mix of residential, retail, and office, provide a variety of options for future residents. The plan provides outdoor space both shared and privately and people who visit or live at the Village will find a multitude of unique outdoor spaces for strolling, reading, dining, meeting friends, exercising, and enjoying outdoor recreation. Additionally, rooftops, terraces, and balconies that face the park overlook the activities at the ground level and offer an array of amenities for residents. POLICY LU-4.6 HEALTHY LIVING CONDITIONS Support diverse and innovative housing types that improve living conditions and promote a healthy environment. Proximity to essential resources, outdoor and recreational space and sustainable materials and practices create healthy living environments for existing and future residents. The Plan will implement a variety of these practices through land use, design and thoughtful planning. The new development will aim to protect and care for the land. Best practices for reduced energy and water consumption, sustainably sourced materials, and integration of pervious surfaces along with thoughtful plant selection will support on- site water retention for this green village community. Additionally, many units were strategically placed to face open spaces and areas, created a garden unit feel. FIGURE LU-2 SPECIAL PLANNING AREAS The property is a part of Focus Area #5: South Bristol street. The property is a part of one of the five new focus areas: #5 South Bristol Street. Discussion of inclusion in this Focus Area is covered in Chapter 1, Introduction. Additional details of how the Plan is consistent with the South Bristol Street focus area are outlined below. TABLE LU-2. BUILDOUT TABLE FocusArea Existing Housing Units Existing Jobs South Bristol Street 220 3,337 Future Est. Housing Units Future Est. Jobs 5,272 7,855 The South Bristol Street focus area is planned to accommodate a large amount of housing and employment. The VSA project fits within the projected growth for South Bristol Street. A maximum of 1,583 units are permitted along with up to 80,000 square feet of commercial use and 300,000 square feet of office use. The mix of housing, directly adjacent to commercial and office use will bring a variety of jobs to the plan area and potentially increase the number of residents who are able to walk or bike to work. FIGURE LU-4 DENSITY AND INTENSITY MAP The property site is designated as DC-5 which means District Center-High with a maximum density/intensity of 5.0 FAR and/or 125 du/ac and typical max height of 25 stories. The density and intensity (du/acre and FAR) of Chapter 4, Development Standards are consistent with the DC-5 Land use Designation: 5.0 FAR and/or 125 du/ac, up to 25 stories. City Council 28 – 182 9/16/2025 The Village Santa Ana Specific Plan - August 2025 Policy Plan Consistency LU DESIGNATION- DISTRICT CENTER The District Center land use designation provides for distinctly urban retail, residential mixed-use, and employment centers that are well connected to public transportation. It includes the city’s primary activity centers and opportunities for new urban-scale development. This designation allows a mix of uses, including medium, medium-high, and urban density condominiums, apartments, and townhomes; professional offices; multilevel corporate offices; retail and commercial services; and cultural, education, recreation, and entertainment uses. Mixed-use projects are allowed in both horizontal configurations, with commercial and residential uses side by side, and vertical, with commercial uses on the ground floor and residential above. The mixed-use land use plan and permitted uses per Chapter 4, Development Standards, are consistent with the uses described for the District Center designation. The Specific Plan will implement the appropriate development and design standards associated with these land uses to ensure development and growth that is consistent with the District Center Land Use goals. LU FOCUS AREA- SOUTH BRISTOL The South Bristol Street Focus Area represents Santa Ana’s southern gateway and is a part of the successful South Coast Metro area. Between Sunflower and Alton Avenues, the District Center land use designation will create opportunities to transform auto-oriented shopping plazas to walkable, bike-friendly, and transit-friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses. Focus Area Objectives: • Capitalize on the success of the South Coast Metro area • Introduce mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented. • Realize an intense, multistory presence along the corridor • Provide for mixed-use opportunities while protecting adjacent, established low density neighborhoods The Village Santa Ana Specific Plan implements the vision for a walkable, urban village. The Plan meets the objectives in the following ways: • Capitalize on the success of the South Coast Metro area- The Village’s location at the corner of Sunflower and Bear integrates uses with village scale retail and multi-family living that complement adjacent retail and residential uses. • Introduce mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented. The Specific Plan incorporates all aspects of this objective into the Plan as especially demonstrated in Chapter 3, Development Plan. • Realize an intense, multistory presence along the corridor- Chapter 4 Development Standards details the requirements for a variety of height, setbacks, and stepbacks along Sunflower and Bear contributing to the corridor/district. • Provide for mixed-use opportunities while protecting adjacent, established low density neighborhoods- As identified in Chapter 4, Development Standards, the Village provides a mix of uses that are compatible with the adjacent properties. The standards also require height, stepbacks, setback and landscaping requirements that provide certainty for the placement and scale of future buildings. City Council 28 – 183 9/16/2025 Appendix B: General Plan Consistency Policy Plan Consistency Housing POLICY HE-1.5 INFRASTRUCTURE AND PUBLIC SERVICES Provide quality community facilities, physical infrastructure, traffic management and parking control, and other public services to promote the livability, safety, and vitality of neighborhoods. Chapter 3 describes the Mobility and Infrastructure plan for the Village. Parking, accessibility, and multi-modal transportation were key considerations when developing the project. The plan ensures a variety of safe access points for pedestrians and bikers as well as considers the flow of traffic for ingress and egress points on Sunflower Blvd and Bear St. The plan provides a proposed traffic signal where Bear and S Plaza Dr. intersect as well as two new traffic signals along S Plaza Dr. to ensure safe driving speed and pedestrian crossing. POLICY HE-2.3 URBAN VILLAGES Create higher intensity, mixed-use urban villages and pedestrian-oriented experiences that access and support the office centers, commercial services, and cultural activities within District Centers and Urban Neighborhood designated areas. The Village will provide up to 1,583 units in a variety of sizes for various household types. The plan integrates high density housing with new shopping, dining and entertainment opportunities. The plan includes public art requirements, human scale design and landscaping and walking and biking paths throughout the plan area. Connecting future residents to the South Bristol Corridor and nearby cultural, retail, and entertainment destinations is a primary focus of the plan, truly integrating residents into the local scene. POLICY HE-2.6 HOUSING DESIGN Require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive (“green”) building and design practices. One primary objective of the plan is to bring high quality design to the project, focusing on green standards, durable materials and visual integrity and timeless architecture. Additionally, Chapter 5 of the Specific Plan outlines the design guidelines and standards for the project. The Plan incorporates quality design throughout the project area, from the larger design of the commercial and residential structures to the small details of materials, landscaping, pedestrian network, and communal gathering spaces. Chapter 5 ensures the project will be built to create a sense of place and address the various aspects of site planning, architecture, and design. POLICY HE-4.4 SERVICE-ENRICHED HOUSING Support the provision of supportive services and service-enriched housing for persons with special needs, such as seniors, disabled people, homeless people, families, veterans, and people with medical conditions. As a part of the plan, a range of senior housing is permitted. Chapter 4 of the plan specifies that both senior housing and senior care facilities are permitted in the project. Senior housing within apartments provides benefits such as localized access to markets and essential retail as well as community-oriented living and walkable spaces. POLICY HE-4.5 HEALTHY HOMES Support efforts to make homes healthier by addressing health hazards associated with lead- based paint and soil, asbestos, vermin, mold, VOC-laden materials, and prohibiting smoking in multi-family projects, among others. Among the high-quality design of the project is an emphasis on high quality materials. Project materials will be in accordance with the requirements of the California Building Code. The residential design focuses on integrating households into a green and healthy community. City Council 28 – 184 9/16/2025 The Village Santa Ana Specific Plan - August 2025 Policy Plan Consistency Urban Design POLICY UD-1.1 DESIGN QUALITY Ensure all developments feature high quality design, materials, finishes, and construction. Guiding Principal #2 of the Plan focuses on timeless design stating that through human- scale design elements, selection of warm materials, four- sided architecture, and places for terrace gardens and green walls, the design of the buildings will work holistically with the landscaping and parklike village atmosphere. Additionally, the plan identifies both thoughtful and high-quality design elements throughout Chapter 5. Regarding landscape design, the design guidelines will require a variety of materials for accessibility and permeability. Furnishings and decorative details will require high quality and durable materials that provide visual variety per section 5.5.1 of the Plan. Additionally, Building and architectural materials should be high quality and approved for use in the California Building Code. POLICY UD-1.2 PUBLIC ART Require public art as part of major developments and the public realm improvements. Public art contributes significantly to the public experiences and identity of a place and is a primary focus of the design and details of the project area. Chapter 5, section 5.4.5 outlines the standards and requirements of public art in the plan area. All requirements are consistent with the General Plan’s guidelines for public art. Additionally, public art should be consistent and complimentary to the design of the structures as well constructed using durable materials to allow for longevity. The plan requires public art to support and complement the public experience and will inhibit accessibility of any uses on site. POLICY UD-1.5 ATTRACTIVE PUBLIC SPACE Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. The core of the plan areas focuses on accessible, and activity shared open space. Through high quality design, use of landscaping and greenery and community gather features (i.e. Benches), the central portion of the plan will encourage public engagement with the site. Chapter 5 of the plan implements design guidelines which are reflective of Santa Ana’s focus on engaging and beautiful public environments. The location of the plan area provides ease of connection to the Arts Center to the east and South Coast Plaza to the South. The focus on walkable urban form and accessible space will allow for complete and connected circulation for pedestrians and cyclists. POLICY UD-4.2 IMAGE MAKING THROUGH ARCHITECTURE Promote development within nodes to reflect the significance of the area and cultivate a positive image of Santa Ana through high quality architecture. The Village will create a place of destination, filled with vibrant and innovative design to reflect the growing Santa Ana city. The proximity to the South Coast Plaza, Performing Arts Center and Recently established Art Museum adds the cultural vitality of the project area. The project will integrate warm and timeless architectural design, public art and walkable gather spaces to create a desirable village and establish a sense of place for residents and visitors. City Council 28 – 185 9/16/2025 Appendix B: General Plan Consistency Policy Plan Consistency POLICY UD-4.3 ACTIVE OPEN SPACES Ensure architectural and landscape design activates open space as a means to promote community interaction and enhance the aesthetic quality of development. Guiding Principle #3 of the plan encourages and envisions a multitude of unique outdoor spaces for strolling, reading, dining, meeting friends, exercising, and playing. The retail village common areas may be programmed for recurring activities such as movie nights, seasonal events, exercise options such as outdoor yoga, family nights, and other opportunities for nearby residents. The use of public art, programming, circulation and mobility design as well as high quality materials support the Plan’s ability to create an activated and engaged shared outdoor space. POLICY UD-4.4 VIBRANT STREET LIFE Encourage development within nodes that promotes pedestrian activities, enhanced amenities, and engaging designs that allow for discovery, excitement, and social interaction. Guiding Principal #5 of the plan states new residential and commercial buildings will orient toward the streets and retail village and provide easy access for pedestrians. The streetscape and building setbacks along Sunflower Avenue, South Plaza Drive, Bear Street, and internal project roads will be designed with a cohesive palette of drought-tolerant plants with unique characteristics, brightly colored flowers, and a mix of succulents and trees. Additionally, Principal #4 states that the Village Santa Ana will be an extension of the art walk, showcasing art works in the form of landscaping, stand-alone art pieces, and local artisan retail. Distinctive architecture and high-quality materials will contribute to the character of the Village. Chapter 4 Land Use and Chapter 5 Design Guidelines also ensure a harmonious layout of landscaping, open space, walkways and structures. POLICY UD-5.1 BUILDING PRESENCE AT INTERSECTIONS Create a strong presence at focus intersections by locating intense building mass and open space areas along the street that include high quality design and materials. The Intersection at Bear Street and Sunflower Avenue is one of the key northern entrances to the South Coast Plaza area; and therefore, should represent the vibrancy of the area. The architecture and design for the Village should consider the Southern California environment and indoor/outdoor lifestyle as well as the design aesthetic of the adjacent South Coast Metro area. Chapter 5 encourages a contemporary architectural style, where buildings are different yet complementary. Towers should create a unique identity within the overall development where residential lobbies are visible from the street and façade treatments are applied visible sides, creating consistent frontage and design. POLICY UD-6.4 DECORATIVE FEATURES Promote coordinated landscaping and decorative features in projects near landmarks that appropriately enhance the vicinity and do not create visual clutter. The use of lighting and landscaping will be used to create cohesive and usable features in the plan area. The use of decorative lighting treatments in landscaping, pedestrian activity areas, and nodes and entryways support an enhanced pedestrian experience. Additionally, the plan aims to utilize outdoor furnishing and amenities to denote community gathering spaces while paving and landscaping denotes walkways and bikeways. City Council 28 – 186 9/16/2025 The Village Santa Ana Specific Plan - August 2025 Policy Plan Consistency Open Space POLICY OS-1.9 Require all new development to provide adequate parks and open space, including via parkland dedication or development fees, in order to meet the City’s Park standard. Ensure that new development includes pedestrian and multi-modal travel ways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. The Specific Plan provides for approximately 7.5 acres of publicly accessible open space, consisting of both active and passive open space. Additionally, the Plan requires 90 square feet of private open space and 100 square feet of active or passive open space per unit . The requirements for open space in VSA are consistent with the General Plan’s requirements. The plan also prioritizes open space as a key placemaking feature of the development. POLICY OS-2.1 Provide a variety of recreation facilities and activities to meet the diverse needs of the community. Consider needs for indoor and outdoor recreation opportunities, as well as traditional and trending activities. Chapter 3 of the Plan outlines the key features of the open space layout and site plan. The features are shown in Figure 3-3 of the plan and described below: • The Promenade draws pedestrians from the residential area west of Bear Street, South Plaza Drive, and beyond to create a distinct destination along Sunflower Avenue. Wide sidewalks with extensive planting, lighting, and art weave connections to the amenities and gardens of the Village. • The Square is intended to be an intimate hub for public gathering, events, and relaxation from day to night. Various seating areas, water features, and experiential lighting and art are envisioned to activate the Square. This area can be programmed for large events such as outdoor yoga and fitness classes, parties, markets, and outdoor movie nights. Restaurant patios contribute to a lively village vibe. • Garden Paseos create a uniquely immersive experience along the edges and entries of the Village. These paseos heighten the sense of botanical bounty in Southern California, further promoting gathering and activity. • The Garden Strolls let residents and the public take a break from the bustle of the village square and streetscape. These areas are packed with shade trees and native planting and provide space for recreation as well as immersive seating areas throughout. • A Fitness Loop encircles and threads through the site with special markers to provide a continuous fitness path for residents and neighbors. • The Recreation Lawn is an area where the community and their pets can gather and relax in a low-water-grass space. • Architectural features such as the Grand Stairs connect outdoor open space up to the building, creating a unique area for relaxing, meeting up with friends, or exercising. City Council 28 – 187 9/16/2025 Appendix B: General Plan Consistency Policy Plan Consistency POLICY OS-2.6 Design and develop parks, greenspace, and trail corridors to support community respite, wellness, and the mental health benefits found in connections to nature. As outlined in Figure 3-3, the open space plan connects residents to one another through private open space designations and connects the public to various restaurants, retail and public open space areas throughout and around the edge of the plan. With a focus on accessibility, the use of durable materials, features and amenities encourage community gathering for rest, relaxation and play. POLICY OS-2.12 Ensure that parks and recreation facilities incorporate placemaking elements that foster social connections and community pride such as art, landscaping, murals, and amenities and facilities that reflect site character and local needs. Core principles for open space focus on community experience and connectivity. Circulation of the open space drifts across the site, anchored by an immersive garden experience. Additionally, the plaza space is composed of programmed nodes connected by varying types of pathways and seating, as well as public art. The use of programming, such as farmers markets, pop-ups and other events create a sense of place and destination for the community at large. Lighting, features and amenities emphasize key open spaces within the plan and create an inviting and safe place for people. Mobility POLICY M-1.2 BALANCED MULTIMODAL NETWORK Provide a balanced and equitable multimodal circulation network that reflects current and changing needs. Chapter 3 of the Plan contains the mobility network for the Project area. Figure 3-16 and Figure3-17 display the pedestrian circulation network and the bicycle circulation network respectively. The plan accommodates a variety of transportation within and to/from the plan area, including automobiles, walking, bikes, and rideshare. The internal pedestrian network provides multiple access points along Bear St. Sunflower Blvd, and S Plaza Dr. Additionally, the plan proposes four new bike lanes through and around the site, including the following: • Proposed Class I bike path along Bear St. • Proposed Class IV bike route along Sunflower Ave. The plan will also accommodate increased bike usage by providing three bike parking stations. POLICY M-5.1 ENHANCED STREET DESIGN Improve the beauty, character, and function of travel ways with amenities such as landscaped parkways and medians, bike lanes, public art, and other amenities. Landscaped guidelines for parkways, walkways and medians are outline in Chapter 5 of the Specific Plan. The use of public art, materials and texture variety, plants, and greenery adjacent to and integrated within walkways and bikeways elevates the environment and experience. Chapter 5 encourages the use of landscaping to draw visual interest, increase safety, bring color and shade to walking paths and to improve the urban environment. City Council 28 – 188 9/16/2025 City Council 28 – 189 9/16/2025 The Final Supplemental Environmental Impact Report (SEIR), Environmental Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program for The Village Santa Ana Specific Plan (SP-6) are available: Online on the City’s Project webpage at https://www.santa-ana.org/supplemental- environmental-impact-report-the-village-santa-ana-specific-plan/. Physically at: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Or Southwest Senior Center 2201 W. McFadden Avenue Santa Ana, CA 92704 City Council 28 – 190 9/16/2025 City Council 28 – 191 9/16/2025 The Village Santa Ana Specific Plan (SP-6) and associated appendices are available: Online on the City’s Project webpage at https://www.santa-ana.org/specific-plan-the- village-santa-ana/. Physically at: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 City Council 28 – 192 9/16/2025 City Council 28 – 193 9/16/2025 A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMILY RESIDENCE -OZ OVERLAY ZONE C1-MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE PLANNED RESIDENTIAL DEVELOPMENT -PRD C it y of S a nt a A na , C a l if or nia Z O N IN G D ISTR IC TS AR TESIA S TPACIFICAVF O R E S T AVWAK E H A M P L JOANE WYJUNIPE R ST GR E ENVILL E STSHEFFIELD R D ALTON AV AUR OR A ST OR ION AV CUR IE AV UP R R CR AWFOR D GNSILVERSPURS UMM E R W I N D B A Y CR E S TTWILIGHTB L A C K H A W K D R DEER E F I E L D R D MOOR E AV SEA CLIFFR I T AW Y DEEGAN DRMANITOB A DRMADDOCK STGR ISET PLCENTER S TDIAMOND STTOWNSEND STDOUGL AS STLINDA WYSALTA STWEST WIND OCE AN CR EST R E N E DRJAGUARWAYSEA B R EEZE GAR R Y A V R E M B R A N D T PICASSO R ED FOX R D MEADOWB R O O K D R CALLENS COM PLAZADRASPENVILLAGEWYSANTAFEVILLAGEDRS BRISTOL STBEAR STW MACARTHUR BLVD W ALTON AV SUNFLOWER AVRAITT STR 1-PR D R 2-PR D R 2-PR D R 2-PR D R 2-PR D R 1-PR D R 1-PR D R 2-PR D R 1-PR D R 1-PR D R 1-PR D A1 A1A1A1A1 A1A1 A1 C1 C1 C1 C4 CR M1 M1 OOOOO R 1 R 1 R 1 R 1 R 1 R 1 R 1 R 1 R 1 R 1 R 1 R 1R 1 R 1 R 3 R 4 R 4 R 4R 4 SD4 SD44 SP 6 SP 6 SD51 SD6 SD7 O O R 1 O SD5 C4 C2C2 C2 CR O SP5 C2 N/A N/A36-5-1026-5-10 25-5-1036-5-1026-5-10 26-5-1034-5-10N/AN/A34-5-10Revised Date: October 7, 2025 Print Date: 11/20/24 Sectional District Map: 35-5-10 City Council 28 – 194 9/16/2025 Ordinance No. NS-XXX Page 1 of 5 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025-01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereb y finds, determines, and declares as follows: A. Justin McCusker, on behalf of South Coast Plaza, a California general partnership (“Applicant” and “Property Owner”), is seeking approval of various entitlements to facilitate the redevelopment of a 17.2 -acre site into a mixed-use urban village (“Project”). B. The project site is located along the southern edge of the City of Santa Ana (“City”), on the northeast corner of West Sunflower Avenue and South Bear Street, transected by South Plaza Drive. The project site includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W . Sunflower Avenue; 3820, 3840, and 3951 S. Plaza Drive; and 3811 and 3851 S. Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451-01, 412- 451-02, 412-451-03, and 412-451-04), collectively referred to as 1561 W. Sunflower Avenue (“Project Site”). C. The Project entitlements include Amendment Application (AA) No. 2025 -01 to establish The Village Santa Ana Specific Plan (Specific Plan No. 6 (SP- 6)) and to approve a zone change for the Project Site from Specific Development No. 48 (SD-48) to SP-6; Vesting Tentative Tract Map (VTTM) No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six buildable lot; and Development Agreement (DA) No. 2025-01 outlining terms and conditions for the Project. D. The Project entails, among other things, (1) demolition of the existing structures on the Project Site and (2) redevelopment of the Project Site into an urban village containing up to 1,583 residential units, 80,000 square feet of commercial/retail space, and 300,000 square feet of office space, including 7.5 acres of publicly accessible open space and on -site parking and landscaping. E. The City of Santa Ana (“City”) is authorized, pursuant to Government Code sections 65864 through 65869.5, to enter into development agreements with persons having legal or equitable interests in real property for the City Council 28 – 195 9/16/2025 Ordinance No. NS-XXX Page 2 of 5 purpose of establishing certainty for both City and owner in the development process. F. Because of the logistics, magnitude of the expenditure and considerable lead time prerequisite to planning and developing the Project, Applicant has proposed to enter into a development agreement concerning the Project (DA No. 2025-01) to provide assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the DA No. 2025-01, which assurance will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project. G. On August 11, 2025, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on the proposed Project and recommended that the City Council approve an ordinance approving DA No. 2025-01. H. Entering into this DA No. 2025-01 would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the Property Owners to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. I. The Project and the use that the Applicant propose in connection with the Project have been extensively reviewed and considered by the City Council, and such proposed development and use have been found to accommodate the City’s recommendations and suggestions in order to protect the public’s interest to enhance the desirability of such proposed development and use. The terms and conditions of this DA No. 2025-01 are fair, just and reasonable, and the City Council has concluded that the pursuit of the Project will serve the interests of the City. J. Based on the entire record before the City Council and all written an d oral evidence presented, the City Council finds DA No. 2025-01 in the public’s interest and results in substantial community benefits because it meets and facilitates the fulfillment of many of the City’s adopted General Plan “Issues, Goals and Policies” for each individual element, as further documented in the Ordinance of the City Council approving A A No. 2025-01 to establish The Village Santa Ana Specific Plan (SP-6) and approving the zone change from SD-48 to SP-6. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (Draft SEIR) that analyzed the Project’s environmental impacts in accord ance with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., CEQA), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the CEQA Guidelines), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 52 days between April 17, 2025 and June 9, 2025. The document was made available online at the City of Santa Ana website and available for review at City Hall and the Southwest Senior Center in hard copy form. In City Council 28 – 196 9/16/2025 Ordinance No. NS-XXX Page 3 of 5 response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 4, 2025. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. The Resolution incorporates by reference the environmental find ings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves DA No. 2025-01, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the City Manager and City Clerk to execute it on behalf of the City with such non -substantive changes as may be authorized by the City Manager and C ity Attorney. The City Clerk is hereby authorized and directed to cause DA No. 2025-01 to be recorded with the County Recorder’s Office. Section 4. This Ordinance shall not be effective unless and until the City Council Resolution for Final SEIR No. 2025-01 (SCH No. 2020029087), the City Council Resolution for VTTM No. 2025-06, the City Council Ordinance for AA No. 2025-01, and the City Council Resolution to Overrule the Orange County/John Wayne Airport Land Use Commission’s determination of inconsistency are adopted and become effective. If said resolutions and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect. Section 5. This Ordinance shall not be effective unless and until the City receives a fully executed copy of DA No. 2025-01. If the fully executed copy of the DA No. 2025-01 is not received by the City Clerk within 30 days of the approval of this Ordinance by the City Council, then this Ordinance shall be null and void and have no further force and effect. Section 6. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 7. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development project by taking the necessary steps and following the procedures established by sections 66020 through 66022 of the California Government Code. Section 8. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof , harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other City Council 28 – 197 9/16/2025 Ordinance No. NS-XXX Page 4 of 5 procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City sh all cooperate with Applicant in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. This Ordinance shall be effective thirty days after its adoption provided the conditions precedent set forth above have been satisfied. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code Section 65868.5, within 10 days following the entering into of the Development Agreement, as evidenced by full execution thereof, the City Clerk shall record with the Orange County Recorder a copy of the Development Agreement. ADOPTED this _____ day of _______________, 2025. _________________________ Valerie Amezcua Mayor City Council 28 – 198 9/16/2025 Ordinance No. NS-XXX Page 5 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _________________________ Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: _______________________________________ NOES: Councilmembers: _______________________________________ ABSENT: Councilmembers: _______________________________________ ABSTENTIONS: Councilmembers: _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ____________________, 2025. Date: _______________ _________________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 28 – 199 9/16/2025 City Council 28 – 200 9/16/2025 RECORDED AT REQUEST OF: ) ) AND WHEN RECORDED RETURN TO: ) City of Santa Ana ) 20 Civic Center Plaza (M-30) ) Santa Ana, CA 92702 ) Attention: Clerk of the Council ) ) ______________________________________________________________________________ Exempt from filing fees pursuant to Government Code §27383 DEVELOPMENT AGREEMENT NO. 2025-01 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA ANA and SOUTH COAST PLAZA City Council 28 – 201 9/16/2025 DEVELOPMENT AGREEMENT NO. 2025-01 This Development Agreement (“Agreement”) is entered into as of this ___ day of ___________, 2025 by and between the City of Santa Ana, California (“City”) on the one hand, and South Coast Plaza, a California general partnership (“Owner” or “SCP”), on the other hand. City and Owner may be referred to in this Agreement individually as a “party” or collective as the “parties.” RECITALS A. City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code. B. This Agreement constitutes a current exercise of City’s police powers to provide predictability to SCP in the development approval process by vesting the permitted uses, density, intensity of use, timing and phasing of development, and applicable ordinances consistent with the Development Plan in exchange for SCP’s commitment to provide significant public benefits to City as set forth in Section 4 below. C. SCP has requested that City enter into this Agreement and proceedings have been taken in accordance with applicable State law and the rules and regulations of the City in furtherance thereof. D. The best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement. E. The City Council hereby finds and determines that this Agreement is of major significance because it will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. F. The provision by SCP of the public benefits as set forth in Section 4 below allows the City to realize significant economic, recreational, open space, educational, social, and other public benefits to City. These public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement. G. The physical effects, if any, of the Project and this Agreement have been analyzed pursuant to the California Environmental Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled “Village Santa Ana Specific Plan Final Supplemental Environmental Impact Report (State Clearinghouse No. XXXXX) and City of Santa Ana DP No. (“Project FEIR”). H. This Agreement and the Project are consistent with the Santa Ana General Plan. I. All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters. City Council 28 – 202 9/16/2025 J. Development of the Property in accordance with this Agreement will provide substantial benefits to City, as set forth in Section 4 below, and as stated Sections 1.4 and Appendix B of the Specific Plan and will further important policies and goals of City. K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et seq. of the Government Code are intended. L. On July 15, 2025 , the City Council held a public hearing and authorized the City’s Planning Division to draft findings and issue a determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with the Project and to provide notice of same in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics. M. On August 11, 2025, City’s Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. N. On September 16, 2025, the City Council held a public hearing introducing this Agreement and considered the Planning Commission’s recommendations and the testimony and information submitted by City staff, SCP, and members of the public. On DATE consistent with applicable provisions of State law and the rules and regulations of the City, the City Council adopted Ordinance No. NS-_______ finding this Agreement consistent with the City’s General Plan and approving and adopting this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Owner hereby agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1. Definitions. The following terms when used in this Agreement (including in the recitals above) shall be defined as follows: 1.1.1. “Assigned Rights” has the meaning set forth in Section 2.5.1 hereof. 1.1.2. “Assignment and Assumption Agreement” has the meaning set forth in Section 2.5.1 hereof. 1.1.3. “Assumed Obligations” has the meaning set forth in Section 2.5.1 hereof. 1.1.4. “Agreement” means this Development Agreement. 1.1.5. “City” means the City of Santa Ana, a charter city and California municipal corporation. City Council 28 – 203 9/16/2025 1.1.6. “City Attorney” means the City of Santa Ana City Attorney. 1.1.7. “City Council” means the duly elected city council of the City of Santa Ana. 1.1.8. “Development” means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; construction of infrastructure and other public facilities; construction of buildings and structures; installation of landscaping consistent with this Agreement. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.9. “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. 1.1.10. “Development Plan” means the plan for development of the Property pursuant to the Project Approvals as set forth in Exhibit “C.” 1.1.11. “Development Project Review Approvals” refers to the administrative review of all projects meeting the requirements of Division 3 of Article V of Chapter 41 (Zoning) of the Santa Ana Municipal Code as may be required by the Project Approvals. 1.1.12. “Discretionary Action” or “Discretionary Approval” means an action that requires the exercise of judgment, deliberation, or discretion on the part of the City, including any board, agency, commission, or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity that is defined herein as a Ministerial Permit or Ministerial Approval (i.e., Development Project Review Approvals). 1.1.13. “Effective Date” means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1.14. “Executive Director” has the meaning set forth in Section 2.5.1 hereof. 1.1.15. “Existing Land Use Regulations” means the Land Use Regulations that are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.1.16. “Existing Project Approvals” means all Project Approvals approved or issued on or before the Effective Date. 1.1.17. “Future Project Approvals” means Project Approvals for the Project that are adopted, approved, or issued after the Effective Date. City Council 28 – 204 9/16/2025 1.1.18. “Land Use Regulations” means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines, or other actions of City, including but not limited to the provisions set forth in the City’s General Plan, Municipal Code, that affect, govern, or apply to the Development of the Project and use of the Property in a manner consistent with this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative. “Land Use Regulations” does not include any City ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.19. “Owner” means the persons and entities listed as Owner on page 1 of this Agreement and their successors in interest to all or any part of the Property. 1.1.20. “Ministerial Approval,” or “Ministerial Act” means the nondiscretionary permits, plans, inspections, certificates, documents and licenses required to be taken, issued, or approved by the City in order for Owner to develop the Project, including, without limitation, building permits, grading permits, Development Project Review Approvals, and other similar permits and approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval. 1.1.21. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.22. “Project” means the development of the Property, as more specifically described in Exhibit “A” and shown on Exhibit “B,” pursuant to the Project Approvals and the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement. 1.1.23. “Project Open Space” means the approximately 7.5 acres of publicly accessible open-space areas, as defined in the Specific Plan, to be maintained by Owner. 1.1.24. “Project Phase” shall mean a portion of the development of the Property as contemplated by the Project Approvals. To avoid confusion, a “Project Phase” may include one or more Development phases and shall not be limited to any single Specific Plan Phase and may consist of a portion of a Specific Plan Phase. 1.1.25. “Project Approvals” means all site-specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, maps, permits, entitlements, approvals (including Development Project Review City Council 28 – 205 9/16/2025 Approvals), and entitlements of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include, but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site-specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. A list of the Project Approvals is set forth in Exhibit “C.” 1.1.26. “Property” means the real property described in Exhibit “A” and shown in Exhibit “B” to this Agreement. The Property is approximately 17.2 gross acres in size and is occupied by the South Coast Plaza Village commercial development as of the Effective Date. It is composed of seven parcels, Assessor Parcel Numbers (APNs): 412-131-10, 412-131-20, 412- 131-21, 412-451-01, 412-451-02, 412-451-03, and 412-451-04. 1.1.27. “Public Benefit” refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below. 1.1.28. “Reservation of Rights” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement. 1.1.29. “Specific Plan Phase” means any one of the five phases as shown on Figure 6-1 (Conceptual Phasing Plan) of the Village Santa Ana Specific Plan. 1.1.30. “Term” has the meaning ascribed thereto in Section 2.4.1 below. 1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit “A” – Legal Description of the Property Exhibit “B” – Map showing Property and its location Exhibit “C” – Development Plan and list of Project Approvals 2. GENERAL PROVISIONS. 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan, the Project Approvals, and this Agreement. This Agreement shall be recorded against the Property. 2.2. Ownership of Property. Owner represents and covenants that it is the Owner of the fee simple title to, or has an equitable interest in, the Property or a portion thereof. 2.3. City Council Findings. The City Council finds that: 2.3.1. This Agreement is consistent with the City’s General Plan. City Council 28 – 206 9/16/2025 2.3.2. This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and enhances effective utilization of resources within the City. 2.3.3. This Agreement provides public benefits beyond those that are necessary to mitigate the development of the Project, as set forth in Section 4 below. 2.3.4. This Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces costs of development and government. 2.3.5. The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement. 2.4. Term. 2.4.1. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of twenty (20) years thereafter (the “Initial Term”), unless modified or extended pursuant to the provisions of this Agreement. Together, the Initial Term and any extension under this Agreement shall constitute the “Term.” The Term, including all possible extensions, shall not exceed twenty-five-years unless this Agreement is amended to allow further extensions. Owner shall execute this Agreement which shall be recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. (a) It is anticipated that Parties will sign the Development Agreement upon approval of the Agreement by the City Council. Owner shall cause this Agreement to be timely recorded against the Property no later than ten (10) days following Owner’s receipt of the fully- executed, recordable Agreement from the City. (b) Failure of Owner to record this Agreement against the Property within ten (10) days following the receipt of the fully-executed, recordable Agreement from the City shall constitute an event of default by Owner under this Agreement. 2.4.2. The Initial Term of this Agreement shall be automatically extended by up to five (5) years if Owner achieves the following milestones: construction has commenced on: (i) no less than 50,000 square feet of commercial/retail floor area; and (ii) 360 residential dwelling units. 2.4.3. If Owner fails to satisfy the prerequisites to securing the automatic extension, the City Council may nonetheless elect, in its sole discretion, to grant one or more extensions if Owner provides the City with a plan that includes a Development timeline and specific Development milestones. 2.4.4. When the Term ends, Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid City any Development Impact Fee. 2.4.5. If any party other than Owner initiates litigation that challenges the Project, this Agreement (and/or the ordinance approving this Agreement), or any of the Existing Project Approvals, the Owner will have the right to toll commencement of the Term, except for the duty City Council 28 – 207 9/16/2025 to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under this Agreement during the period of such litigation. The tolling shall commence upon receipt by the City of written notice from Owner invoking this right to tolling. The tolling shall terminate when the action, including any appeal, is finally resolved, whether by entry of a final, non-appealable judgment that upholds the Project and the Existing Project Approvals or voluntary or involuntary dismissal of the entire action (and the passage of time required to appeal an involuntary dismissal) by the moving party. Owner shall similarly have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under the Agreement in the event a referendum petition challenging the Project, the ordinance approving this Agreement, or any of the Project Approvals is submitted to the City Clerk. The tolling shall terminate if and when: (1) the City Clerk determines the referendum petition did not receive sufficient signatures to qualify for the ballot; or (2) the election results of the referendum uphold the Project and the Existing Project Approvals and are certified by the City Council. This Agreement shall be null and of no further force and effect in the event that the City Council rescinds the challenged action. 2.5. Assignment. 2.5.1. Right to Sell, Transfer, or Assign. Owner shall have the right, from time to time, to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm, limited liability company, or corporation and, in connection therewith, to assign its rights under this Agreement, in whole or in part, to said person, partnership, joint venture, firm, limited liability company (collectively, the “Assigned Rights”) at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement that pertain to the Project Phase[s] that is the subject of such transfer, and be made in compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement (in whole or in part) shall be made unless made together with the transfer of all or a part of the Property, to which such rights or interests apply. (b) In connection with any such assignment of an Owner’s rights and obligations under this Agreement (in whole or in part), Owner shall notify City in writing at least sixty (60 days) in advance of any sale, transfer or assignment and shall provide City with a draft assignment and assumption agreement (“Assignment and Assumption Agreement”), in a form reasonably satisfactory to City, to be entered into by Owner, such assignee, and the City, pursuant to the terms of which such assignee shall expressly and unconditionally assume those duties, obligations, agreements, covenants, and waivers of Owner under this Agreement that are applicable to the Project Phase that is the subject of the portion of the Property, as applicable, being transferred, including, without limitation, the covenants not to sue and waivers contained in Sections 7.3.1 and 9.5.1 hereof (collectively, the “Assumed Obligations”). Notwithstanding the failure of any assignee to execute the Assignment and Assumption Agreement, as required by Section 2.5.1(b) above, the burdens of this Agreement (as they relate to the Project Phase that is the subject of the Property being transferred) shall be binding upon such transferee, but the City Council 28 – 208 9/16/2025 benefits of this Agreement shall not inure to such transferee unless the Assignment and Assumption Agreement is executed. (c) The Executive Director for the Planning and Building Agency (the “Executive Director”) shall have the administrative authority to approve of the Assignment and Assumption Agreement and to determine whether Owner has complied with the above conditions, which approval and determination shall not be unreasonably withheld or conditioned. The Executive Director shall use best efforts to approve of the Assignment and Assumption Agreement and to determine whether the Owner has complied with the above conditions within five (5) business days following receipt of Owner’s written request. The Executive Director’s failure to approve or disapprove the foregoing within thirty (30) days following the Executive Directors receipt of Owner’s written request shall constitute City’s approval of the same. 2.5.2. No Release of Transferring Owner. Notwithstanding any sale, transfer or assignment as provided in any Assignment and Assumption Agreement delivered in accordance with the provisions of Section 2.5.1 above, a transferring Owner shall continue to be obligated to comply with all of the terms and conditions set forth in this Agreement (and such transferring Owner shall not be released from any of such obligations) with respect to the transferred Property, or any transferred portion thereof, as applicable, and following any such transfer the transferring Owner and the transferee under the Assignment and Assumption Agreement shall be jointly and severally liable with respect to all of the obligations assumed by such transferee under such Assignment and Assumption Agreement. 2.6. Administrative Changes and Modifications. 2.6.1. Owner and City acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, the Project Approvals, the Existing Land Use Regulations, and, once issued, any Future Project Approvals. 2.6.2. If and when the parties find that “Substantially Conforming Changes,” as herein defined, are necessary, desirable or appropriate, they may, unless otherwise required by law, effectuate such changes or adjustments through an administrative operating memorandum that is executed by Owner and the Executive Director of the City’s Planning and Building Agency or the Director’s designee. As used herein, a “Substantially Conforming Change” is a minor change, modification, or adjustment that is deemed to be in substantial conformance with the Development Plan at the City’s sole and absolute discretion. The following are excluded from the definition of “Substantially Conforming Changes”: (1) changes to the In-Lieu Fee; and (2) changes to the Project Open Space. A Substantially Conforming Change is not considered an amendment to this Agreement or to Development Plan and so does not require prior notice or hearing by the Planning Commission or City Council. 2.7. Amendment or Cancellation of Agreement. Except for Substantially Conforming Changes as defined by Section 2.6.2 above, this Agreement may be amended or modified from time to time only with the written consent of Owner and the City or their successors and assigns, and only upon approval of an amendment by the City Council after a public hearing in accordance with Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement. City Council 28 – 209 9/16/2025 2.8. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.8.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4, including any extension(s). 2.8.2. Entry of a final judgment by a court of competent jurisdiction setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement and/or any Project Approvals as set forth in Exhibit C. 2.8.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement and/or any Project Approvals. In the event a referendum petition challenging the ordinance approving this Agreement and/or any Project Approvals is submitted to the City Clerk, Owner shall deposit with the City Ten Thousand Dollars ($10,000) (“Petition Deposit”) to cover the actual cost incurred by the City examining the petition and verifying signatures. Should the referendum qualify for the ballot, Owner may request, at or prior to the Council meeting at which the Council will take up the referendum issue, that the City Council repeal the ordinance and/or any Project Approvals rather than submitting it to the voters. If Owner does not request that the City Council repeal the ordinance and/or any Project Approvals and the City Council submits the referendum to the voters, Owner shall deposit Fifty Thousand Dollars ($50,000) (“Referendum Deposit”) with the City. City may use the Referendum Deposit to pay any and all costs associated with the said referendum measure (e.g., legal fees for outside counsel). Any funds remaining in the Petition Deposit may be put toward the Referendum Deposit at the Owner’s request. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Owner shall, within three (3) business days of receiving notice from the City, deposit with the City Twenty-Five Thousand Dollars ($25,000) as requested by the City to cover necessary costs and expenses associated with the referendum and holding the related election. Following certification of the election results, any funds remaining in the Petition Deposit or the Referendum Deposit account shall be returned to the Owner within thirty (30) days of certification of the election results. In the event Owner requests that the City Council repeal the ordinance and the City Council nonetheless determines to submit the ordinance to the voters, Owner shall have no financial responsibility for the costs associated with holding the election, including any obligation to make a Referendum Deposit. 2.8.4. Completion of the Project in accordance with the terms of this Agreement, which is hereby defined to be: (i) issuance by the City of all required occupancy permits and final approvals for occupancy for the Project’s 1,583 multi-family residential units, 80,000 square feet of commercial uses, and 300,000 square feet of office space. (ii) acceptance by City or applicable public agency of all required dedications in connection with same; and (iii) written notification by City to Owner that the Project is complete. 2.8.5. Termination of the Agreement as provided under this Agreement, including but not limited to Section 7.4 herein, shall not constitute termination of any other Project Approvals. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by Owner to City on which construction has not yet begun shall be refunded to Owner by City. City Council 28 – 210 9/16/2025 2.9. Notices. 2.9.1. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 2.9.2. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows: If to City: City Clerk 20 Civic Center Plaza, 8th Floor PO Box 1988 M-30 Santa Ana, Ca 82702 Copies to: City Manager City Attorney Executive Director of Planning and Building Agency If to Owner: Justin McCusker C.J. Segerstrom and Sons 3315 Fairview Road Costa Mesa, CA 92626 McCuskerJ@southcoastplaza.com Copies to: Spencer Kallick Allen, Matkins, Leck, Gamble, Mallory, & Natsis, LLP 1901 Avenue of the Stars Suite 1800 Los Angeles, CA 90067 skallick@allenmatkins.com 2.9.3. Either party may, by written notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. City Council 28 – 211 9/16/2025 3. DEVELOPMENT OF THE PROPERTY. 3.1. Rights to Develop. Subject to the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement, and the Project Approvals, and the Development Plan for the duration of the Term. Owner may proceed with demolition permits prior to pulling building permits provided Owner has provided proof of financing for that portion of the Project that demolition permits are being sought for. From the commencement of demolition until issuance of the Certificate of Occupancy, Owner shall ensure that the Property is secured and that all construction walls are maintained in a good condition and repair with no graffiti. 3.1.1. Except as expressly provided otherwise herein, the Project shall remain subject to all Existing Land Use Regulations and Project Approvals for the Term. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code Section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals. 3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of this Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the Project requires additional Project Approvals (the Future Project Approvals identified in Section 1.1.17). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes; however, the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval. 3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, the rules, regulations and official policies governing, inter alia, permitted uses and Development of the Property, the density and intensity of use and of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property, shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequent Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion as set forth in Section 3.3.2. 3.2.1. City shall reasonably strive to complete: (a) its initial review of individual development projects within 30 days after the application is deemed complete, City Council 28 – 212 9/16/2025 (b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission. 3.2.2. Notwithstanding the foregoing, the City does not guarantee that the timelines above will be met, and failure to meet these timelines does not constitute a default. 3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects. 3.3. Reservation of Rights. 3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations, but shall apply to the development of the Property as they are in effect at the time of application for Development Project Review Approvals, provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only, to the Project and/or Property: (a) Processing fees and charges of every kind and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such procedural regulations do not conflict with the Project Approvals. (c) Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the maximum extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. For avoidance of doubt, any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to Development of the Property. City Council 28 – 213 9/16/2025 (g) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City. 3.3.2. Subsequent Project Approvals. This Agreement shall not prevent City from exercising its rights under Government Code Section 65866 when acting on subsequent Project Approvals provided that such City actions do not materially conflict with this Agreement, the Development Plan, the Existing Land Use Regulations, and/or the Project Approvals. 3.3.3. Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement’s express terms so restricted. 3.4. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 3.5. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the parties to provide for the timing of the Project in this Agreement. To do so, the parties acknowledge and provide that Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment, except for the following: 3.5.1. No building permits for residential units shall be issued in excess of 360 residential units unless and until Owner obtains building permits for at least 50,000 square feet of commercial development. Owner may construct commercial square footage beyond 50,000 square feet if and when such additional commercial development is supported by market conditions, as determined by Owner in its sole discretion. Owner understands that commercial development is a priority to the City and agrees to exercise its discretion in good faith. City Council 28 – 214 9/16/2025 3.6. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law, no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.7. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control. 4. PUBLIC AND COMMUNITY SAFETY BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City’s General Plan vision for the Property, which has long been designated as a District Center where intense mixed-use development is encouraged. In addition, Owner has committed by this Agreement to contribute the public and community safety benefits, as provided below. 4.2. Community Benefits. 4.2.1. Project Community Benefit Package. The Project will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. In addition, Owner has agreed to provide the City with a Nine Million Three Hundred Thousand dollar ($9,300,000) payment (“Community Benefit Payment”), which Community Benefit Payment shall be allocated at the City’s sole discretion. The Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) Two Million Five Hundred Thousand dollars ($2,500,000) prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project’s first Specific Plan Phase (“Community Benefit Payment No. 1”); (2) Three Million Six Hundred Thousand dollars ($3,600,000) concurrent with the issuance of the first building permit in furtherance of the Project’s second Specific Plan Phase (“Community Benefit Payment No. 2”); (3) One Million Three Hundred Thousand dollars ($1,300,000) concurrent with the issuance of the first building permit in furtherance of the Project’s third Specific Plan Phase (“Community Benefit Payment No. 3”); and (4) One Million Nine Hundred Thousand dollars ($1,900,000) concurrent with the issuance of the first building permit in furtherance of the Project’s fourth Specific Plan Phase (“Community Benefit Payment No. 4”). If the City has not received Community Benefit Payment No. 2 on or before the date that is 36 months and one day from the issuance of the Certificate of Occupancy for the first Specific Plan Phase, then Community Benefit Payment No. 2 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. If the City has not received Community Benefit Payment No. 3 on or before the date that is 36 months and one day from the issuance of the Certificate of Occupancy for the second Specific Plan Phase, then Community Benefit No. 3 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. If the City has not received Community Benefit Payment No. 4 on or before the date that is 36 City Council 28 – 215 9/16/2025 months and one date from the issuance of the Certificate of Occupancy for the third Specific Plan Phase, then Community Benefit No. 4 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Developer may commence construction of the Specific Plan Phases in any order. Notwithstanding the Specific Plan Phase order, Community Benefit Payment No. 1 shall be paid prior to or concurrent with the issuance of the first demolition permit in furtherance of any Specific Plan Phase. 4.2.2. Project Open Space. In accordance with the Specific Plan, Owner shall construct, own, and maintain the Project Open Space. (a) Owner shall design the Project Open Space to promote biodiversity, extend thermal comfort, and to promote biophilic design, health, and wellness. (b) Owner shall provide a total minimum of two (2) free on-site events per year for the general public (e.g., concerts or farmers markets) including programming on sustainability and wellness, subject to Force Majeure events, as follows: a minimum of two (2) free events per year shall be provided commencing one year after the completion of Specific Plan Phase One as set forth in section 6.3.10 of the Specific Plan. Owner’s obligation under this Section shall terminate after 25 years after the commencement of the first free on-site event or upon termination of this Agreement whichever occurs later. (c) Owner shall record one or more open space easements against the Property for the benefit of the City concurrent with the recordation of the subdivision maps that implement a given Project Phase or Development phase, as contemplated by the Project Approvals. (d) City shall provide Owner a credit against its park and open space fee obligations (e.g., Park Acquisition and Development Fee) for the hard and soft cost of all land, improvements, construction, operation, and maintenance associated with the Project Open Space. In the event the Project Open Space is less than 7.5 acres, Owner must satisfy any required park and recreation fees or other obligations (including those specified in Chapter 35, Article IV of the Santa Ana Municipal Code) for the amount of the acreage shortfall as calculated by the City. 4.2.3. Construction Standards. (a) Leadership in Energy and Environmental Design (LEED). The Project shall be constructed to a minimum LEED Silver standard, as established by the U.S. Green Building Council. (b) Water Conservation. The Project shall include high-efficiency irrigation, native drought-tolerant plantings, low-flow plumbing fixtures, and Energy Star equipment and appliances. (c) Electric Vehicle (“EV”) Parking. No less than 5% of all structured parking stalls in the Project shall be equipped with EV chargers. No less than 10% of all parking stalls located within the parking structures shall be EV ready with sufficient electrical infrastructure to enable the future installation of EV conduit and chargers. City Council 28 – 216 9/16/2025 (d) Signage Program. Owner shall implement a signage program to promote mass transit, provide ride-share infrastructure & bike/e-mobility facilities. (e) Electrical Appliances: All individual residential units within the Project shall utilize electric or induction stoves, ovens, and clothing dryers. This obligation shall not apply to commercial, common area, or other non-residential uses. (f) Photovoltaic Panels: The Project shall incorporate photovoltaic panels on all residential components of the Project 5. HOUSING OPPORTUNITY ORDINANCE COMPLIANCE. 5.1. Owner Exemption. During the Term of this Agreement, as such Term may be extended, Consistent with Santa Ana Municipal Code Section 41-1903(a), Owner is exempt from Santa Ana Municipal Code Article XVIII.I inclusionary housing requirements (i.e., the Affordable Housing and Opportunity Ordinance) because Owner is entering into this Agreement. In lieu of compliance with Article XVIII.I, Owner commits to the In-Lieu Fee as set forth in Section 5.1.1, below, which may be paid at the time of building permit issuance for each market rate residential unit contemplated by a given building permit or in the aggregate, at Owner’s sole discretion. In- Lieu fees paid in excess of the requirements for a particular building permit may be accrued and used by Owner to satisfy future in lieu fee requirements. Upon expiration or termination of this Agreement, Owner shall be subject to Santa Ana Municipal Code Article XVIII.I for any unit that has not received a Certificate of Occupancy. 5.1.1. In-Lieu Fee. Owner shall make an in-lieu fee payment at the time of building permit issuance for each market rate residential unit contemplated by the building permit equal to five dollars ($5.00) per habitable square foot of each market rate residential unit. 6. REVIEW FOR COMPLIANCE. 6.1. Periodic Review. 6.1.1. The City shall review this Agreement annually, on or before DATE , and annually thereafter until the expiration of this Agreement, in order to ascertain the compliance by Owner with the terms of this Agreement (“Annual Review”). Owner shall timely submit an Annual Monitoring Report, in a form acceptable to the City Manager on or before the first anniversary of the Effective Date and annually thereafter until the expiration of this Agreement. If the Annual Review is not submitted within thirty (30) days after written notice from the City Manager, then Owner shall be in breach of this Agreement. The failure of the City to conduct the Annual Review shall not constitute a default by Owner. The Annual Monitoring Report shall be accompanied by an “Annual Review and Administration Fee” sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the Annual Review and Administration Fee” shall be set annually by resolution of the City Council. 6.1.2. The Annual Review shall include a progress report on the status of the implementation of the Project and the new tax revenue generated by the Project, including, but not limited to, the following: City Council 28 – 217 9/16/2025 (a) Development and construction progress of the following uses and Project components: (i) Site development (ii) Public infrastructure, (iii) Project design features, (iv) Community benefits, (v) Plaza, (vi) Residential, (vii) Commercial, (viii) Office (ix) Parking (x) Philanthropic activities (education, culture, arts) (b) Reporting for items listed in Section 6.1.2(a) shall be include a table substantially similar to the following: An example of a compliance report for site development and can be applied to other above criteria and metrics. Reporting Period: 2026 – 1st Report Year 1 of 20 of Agreement Use Approved SF/Units/Rooms Total Completed In Period Cumulative Total Completed Remaining to Be Completed Status & Look Ahead Residential 1,583 100 200 1,383 On target with 300 to be completed in the next period Commercial New Retail Office 380,000 80,000 300,000 150,000 50,000 100,000 150,000 50,000 100,000 230,000 30,000 200,000 150k completed for Tenant X. 20-Year lease. Negotiating with Tenant Y for a 15 year lease. (c) Progress relative to economic projections of: (i) Increases in property tax, (ii) Property Tax In-Lieu of VLF received by the City, (iii) Sales tax received from the Project, (iv) Business tax received from the Project, City Council 28 – 218 9/16/2025 (v) Utility User Tax received from the Project, (d) Reporting for items listed in Section 6.1.2(c) shall be include a table, prepared by Owner with City’s cooperation, substantially similar to the following: Reporting Period: 2026 – _____ Year 1 of 20 of Agreement Revenue Total for Period Cumulative to date Percentage increase over 2018 Base Year Status & Look Ahead Property Tax Property Tax In-Lieu of VLF Sales Tax Business Tax Franchise Tax UUT 6.2. Special Review. The City Council may order a special review of compliance with this Agreement at any time commencing one year following the issuance of the Project’s first building permit, but not more than once during any 12-month period. The City Manager, or his or her designee, shall conduct such special reviews. 6.3. Review Procedure. 6.3.1. During either an Annual Review or a special review, Owner shall be required to demonstrate good-faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Owner. 6.3.2. Upon completion of an Annual Review or a special review, the City Manager, or the City Manager’s designee, shall submit a receive and file report to the Planning Commission if he or she finds that Owner is in good-faith compliance with the terms of this Agreement. If the City Manager, or the City Manager’s designee, finds on the basis of reasonable evidence that Owner is not in good-faith compliance with the terms of this Agreement, he or she shall set the matter for hearing before the Planning Commission and shall submit a report setting forth said evidence concerning compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. 6.3.3. If the Planning Commission finds on the basis of substantial evidence that Owner is in good-faith compliance with the terms of this Agreement, it shall confirm same and formally conclude the review by resolution. If the Planning Commission finds and determines on City Council 28 – 219 9/16/2025 the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement: (a) The Planning Commission shall provide written notice to Owner of such findings setting forth the nature of the problem and the actions, if any, required of Owner to cure such problem. (b) If the problem can be cured and Owner fails to take such actions and cure such problem within sixty (60) days after of the effective date of the Planning Commission’s notice or, in the event that such problem cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such sixty (60) day period and to diligently proceed to complete such actions and cure such problem, then the Planning Commission may recommend to the City Council modification or termination of this Agreement. (c) Owner may appeal a Planning Commission determination pursuant to this Section 6.3.3 pursuant to City’s rules for consideration of appeals in zoning matters then in effect. If a Planning Commission determination is appealed, any cure ordered by the Planning Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4. Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, City determines to proceed with modification or termination of this Agreement, City shall give written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: 6.4.1. The time and place of the hearing; 6.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and, 6.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding. 6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good-faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final. 6.6. Certificate of Agreement Compliance. 6.6.1. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council 28 – 220 9/16/2025 City Council 28 – 221 9/16/2025 Owner’s Initials 7.2.2. Except for specific performance, City, for itself, its successors and assignees, hereby releases Owner, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. City hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, City hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ City’s Initials 7.3. Termination or Modification of Agreement for Default of an Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, City may terminate or modify this Agreement pursuant to this Section 7.3 only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 7.3.1. No Cross Default. Parties agree and acknowledges that, notwithstanding anything stated to the contrary in this Agreement: (a) the failure of SCP to comply with or satisfy any of SCP’s obligations under this Agreement shall not limit or impair a transferee’s rights and benefits under this Agreement with respect to its Assigned Rights (as they apply to the Project Phase owned by such transferee) under Section 2.5.1 of this Agreement and (b) the failure of any transferee to satisfy such transferee’s Assumed Obligations as provided for under Section 2.5.1 of this Agreement shall not, as to the Project Phase to which those Assumed Obligations apply, limit or impair any of the Assigned Rights of any other transferee as to the Project Phase owned by such other transferee. 7.4. Voluntary Termination of Agreement by SCP. In the event SCP determines, in its sole discretion, prior to issuance of the first demolition permit implementing the first Specific Plan Phase, that it no longer wishes to proceed with the Project pursuant to the terms of this Agreement, SCP may terminate this Agreement by providing the City with 30 days written notice. Notwithstanding this or other provisions herein, SCP’s indemnity and defense obligations shall survive such termination for the later of twelve (12) months or expiration of the statute of City Council 28 – 222 9/16/2025 limitations on any and all potential causes of action against the City as set forth in Section 8 of this Agreement. 7.5. Notice and Cure Rights. Notwithstanding anything stated to the contrary in this Agreement, City shall have no right to terminate any of the rights of any Owner under this Agreement unless such Owner has failed to cure any default under this Agreement giving rise to any such termination right within the cure periods expressly provided for above in this Section 7. 8. LITIGATION 8.1. Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, any document prepared for the Project in compliance with the California Environmental Quality Act, or the approval of any permit or entitlement granted pursuant to this Agreement for the Project. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1 no later than fourteen (14) business days and City’s receipt of service of process and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination as required by this Section, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City as to that claim, action, proceeding, or determination. City may in its discretion participate in the defense. 8.2. Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense. 8.3. Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, conditioned, or delayed; or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor. 8.4. Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. City Council 28 – 223 9/16/2025 8.5. Survival. The provisions of Sections 8.1 and 8.2 shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. 9.1. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. In furtherance of the foregoing, and notwithstanding anything stated to the contrary in this Agreement, any Mortgagee of the Property shall be entitled to the following rights and privileges: 9.1.1. Default under Agreement Does Not Impair Lien of any Mortgage. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. 9.1.2. Request for Notices of Default by Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the applicable Owner in the performance of such Owner’s obligations under this Agreement. 9.1.3. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 9.1.4. Lender Protection Provisions. (a) Notices to Mortgagees; Mortgagee’s Right to Cure. (i) Notices to Mortgagees. City shall send to each Mortgagee which has provided City written notice of its name and address, in the manner provided by Section 9.1 above, a true, correct and complete copy of any written notice sent to Owner of a default by Owner under this Agreement at the same time as and whenever any such notice of default shall be given by City to Owner, addressed to such Mortgagee at the address last furnished to City by such Mortgagee. Owner irrevocably directs that City accept, and City agrees to accept, performance and compliance by any such Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Owner’s, part to be kept, observed or performed hereunder with the same force and effect as though kept, observed or performed by Owner provided that such performance and/or compliance is made in accordance with the provisions of Section 10.1.4 below. City Council 28 – 224 9/16/2025 (ii) Mortgagee’s Right to Cure. Notwithstanding anything stated to the contrary in this Agreement, this Agreement shall not be terminated as to any Project Phase because of a default or breach hereunder on the part of Owner until and unless: (1) written notice of any such default or breach has been delivered to Mortgagee in accordance with the provisions of Section 9.1.4(a)(i) above, (2) with respect to a default or breach that is curable solely by the payment of money, Mortgagee, Owner have failed to cure such default or breach within thirty (30) days following the expiration of any of Owner’s notice and cure periods set forth herein, and (3) with respect to a default or breach that is not curable solely by the payment of money, Mortgagee, Owner have failed to cure such default or breach within ninety (90) days following the expiration of any of Owner’s notice and cure periods set forth herein or, if such default or breach is curable but cannot be cured within such time period, (i) Mortgagee has failed to notify City within such ninety (90) day time period that Mortgagee intends to cure such default or breach, (ii) Mortgagee fails to commence to cure such default or breach within such ninety (90) day period, or (iii) Mortgagee fails to diligently prosecute such cure to completion. It is expressly understood and agreed that no Mortgagee shall have any obligation hereunder to cure or complete any cure of any breach or default by Owner hereunder. (b) Permitted Transfers to Mortgagee. (i) Notwithstanding anything stated to the contrary in this Agreement, the following transfers shall be permitted and shall not require the approval or consent of City: (1) A transfer of the Property (and the concurrent transfer of the Owner’s rights under this Agreement with respect to the Project Phase provided the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase), at a foreclosure sale under a Mortgage, whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or (2) Any subsequent transfer by a Mortgagee (or its nominee or designee if the Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure) with respect to the Property, and the concurrent transfer of the Owner’s rights under this Agreement with respect to the Project Phase that is transferred, provided that the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase. (ii) Any transferee arising from any transfer permitted above shall be liable to perform the obligations of Owner, as applicable, under this Agreement only so long as such transferee holds title to the Property, provided that upon any such conveyance of title, such transferee's transferee expressly assumes and agrees to perform all of the obligations of this Agreement first arising after the date of such conveyance to the extent applicable to the Project Phase. (iii) Following the transfer, if any, described in Section 9.1.4(b)(i) above, all non-curable defaults existing under this Agreement prior to such transfer shall be deemed waived without further notice or action of any party. City Council 28 – 225 9/16/2025 (c) Rights of Mezzanine Lender. Any lender that makes a loan to Owner or to any entity holding an interest in Owner, direct or indirect, that is secured by a pledge of equity interests in Owner, direct or indirect, shall be entitled to all of the rights and remedies under this Section 9.1.4 that are afforded to a Mortgagee under this Agreement, (i) provided that Owner shall have provided to City written notice setting forth the name and address of any such lender, and (ii) except that such rights and remedies shall be subject and subordinate to the rights of any Mortgagee, and shall not impair any of the rights and remedies afforded any Mortgagee, hereunder. 9.1.5. Obligations of Mortgagee Under Agreement. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property as applicable, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council against the Property within ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall cause notice of such action recorded with the Orange County Recorder, and in connection with any termination of this Agreement, in such form or by such recordable instrument, that will allow a reputable title company to remove the Agreement as an exception to title of the Property (a “Termination Release”). 10.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. City Council 28 – 226 9/16/2025 10.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, with venue in Orange County. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6. Singular and Plural. As used herein, the singular of any word includes the plural. 10.7. Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot that has been finally subdivided and sold to such owner as a member of the general public shall have any obligation under this Agreement except as expressly provided for herein. 10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns, and no other person shall have any right of action based upon any provision of this Agreement. 10.11. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor (including as a result of freight embargos); (3) inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) fire or other casualty; (7) shortage of fuel, electricity or natural gas; (8) action or nonaction of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction of such governmental authorities including government shutdown for a period of time of one (1) week or more; (9) criminal acts or acts of terrorism; or (10) pandemic or government imposed quarantine (11) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of such Party, or other causes beyond the Party’s reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event , provided that the Term of this Agreement shall not be extended pursuant to this section for more than five (5) years. 10.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. City Council 28 – 227 9/16/2025 10.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independen t contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 10.17. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 10.19. Agent for Service of Process. In the event any Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. City Council 28 – 228 9/16/2025 10.20. Certificate of Compliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty (30) days of receipt of the written request therefor. 10.21. Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder. [Signatures on following pages] City Council 28 – 229 9/16/2025 City Council 28 – 230 9/16/2025 City Attorney Dated: _______________ City Council 28 – 231 9/16/2025 City Council 28 – 232 9/16/2025 EXHIBIT “A” (Legal Description of the Property) City Council 28 – 233 9/16/2025 EXHIBIT “B” (Map of the Property) City Council 28 – 234 9/16/2025 EXHIBIT “C” Development Plan and list of Project Approvals Development Plans and entitlement applications as presented in the City Staff Report Dated _______ are incorporated herein by reference. Project Approvals include, but may not be limited to, the following entitlements: 1. The Final Supplemental Environmental Impact Report entitled “Village Santa Ana Specific Plan Final Supplemental Environmental Impact Report” State Clearinghouse House No. XXXXX and City of Santa Ana Development Project No.XXXX-XX(“Project FEIR”), which tiers off the GPU FEIR (SCH# 2020029087) that was certified by the City on April 19, 2022. 2. The “ Village Santa Ana” Specific Plan, dated April 2025, adopted by the City Council on DATE, by way of Ord. No. XX-XXXX. 3. The Vesting Tentative Tract Map, dated XXXX, adopted by Resolution No. XXXX. 4. The Zoning Map Amendment, adopted by the City Council on Date, by way of Ord. No. XX- XXXX. City Council 28 – 235 9/16/2025 Resolution No. 2025-XXX Page 1 of 11 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2025-06 (COUNTY MAP NO. 2023-159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Justin McCusker, on behalf of South Coast Plaza, a California general partnership (“Applicant” and “Property Owner”), is seeking approval of various entitlements to facilitate the redevelopment of a 17.2 -acre site into a mixed-use urban village (“Project”). B. The project site is located along the southern edge of the City of Santa Ana (“City”), on the northeast corner of West Sunflower Avenue and South Bear Street, transected by South Plaza Drive. The project site includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W. Sunflower Avenue, 3820, 3840, and 3951 S. Plaza Drive, and 3811 and 3851 S. Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451-01, 412- 451-02, 412-451-03, and 412-451-04), collectively referred to as 1561 W . Sunflower Avenue (“Project Site”). C. The Project entitlements include Amendment Application (AA) No. 2025 -01 to establish The Village Santa Ana Specific Plan (Specific Plan No. 6 (SP - 6)) and to approve a zone change for the Project Site from S pecific Development No. 48 (SD-48) to SP-6; Vesting Tentative Tract Map (VTTM) No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six buildable lots; and Development Agreement (DA) No. 2025-01 outlining terms and conditions for the Project. D. The Project entails, among other things: (1) demolition of the existing structures on the Project Site and (2) redevelopment of the Project Site into an urban village containing up to 1,583 residential units, 80,000 square feet of commercial/retail space, and 300,000 square feet of office space, including 7.5 acres of publicly accessible open space and on -site parking and landscaping. E. Subdivision requests are governed by Chapter 34 (Subdivisions) and Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) and the California Subdivision Map Act (SMA). City Council 28 – 236 9/16/2025 Resolution No. 2025-XXX Page 2 of 11 F. Pursuant to Section 34-127 of the SAMC, approval of a VTTM application is required for projects proposing to create four or more parcels by the Planning Commission. However, since the Project requires review of other entitlements by the City Council, the Planning Commission serves as an advisory body on such matter. G. On August 11, 2025, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on VTTM No. 2025-06 and recommended that the City Council adopt a resolution approving VTTM No. 2025-06, as conditioned. H. On September 16, 2025, the City Council of the City of Santa Ana held a duly-noticed public hearing on VTTM No. 2025-06. I. The City Council of the City of Santa Ana determines that the following findings, in accordance with sections 66473.5 and 66474 of the SMA and Section 34-127 of the SAMC, which must be established in order to approve VTTM No. 2025-06, have been established: 1) The proposed project and its design and improvements are consistent with the General Plan land use designation and are otherwise consistent with all other elements of the General Plan. The Project and its design and improvements are consistent with the General Plan land use designation of District Center – High (DC-5), which allows a maximum floor area ratio of 5.0 and up to 125 dwelling units per acre. In addition, the Project supports several goals and policies of the General Plan. Specifically, the Project is consistent with General Plan Land Use Element (LU) Goal 1, which encourages projects that improve quality of life and respects the existing community. Policy LU-1.2 of the LU supports innovative development policies to expand homeownership opportunities at all income levels. Policy LU-4.7 of the LU encourages the development of mixed-income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods. Lastly Policy 2.5 of the Housing Element supports diverse types, prices, and sizes of housing. 2) The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The Project is consistent with the development standards specified within the Project’s proposed Specific Plan (SP-6), including land use, height, minimum development site area, building frontages, publicly accessible open space, private/common open space, building setbacks, and parking and access. Further, the access and egress for the Project has been thoroughly reviewed by the Public City Council 28 – 237 9/16/2025 Resolution No. 2025-XXX Page 3 of 11 Works Agency for compliance with all applicable development standards. 3) The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the Project Site that would preclude development. The Project Site consists of approximately 17.2 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neighborhood and with proposed SP-6 development standards. 4) The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure to fish or wildlife of their habitat. The design and improvements of the proposed Project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The Project is located in an urbanized area, and there are no known fish or wildlife populations existing on the Project Site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5) The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed Project will not cause serious health problems. The subdivision will not have any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required by the SAMC and SMA. 6) The design or improvements of the proposed project will not conflict with easements necessary for public access through or use, of property within the proposed project. The design and improvements of the Project will not conflict with easements necessary for public access or use of the property within the proposed project. In addition, the Covenants, Conditions and Restrictions (CC&Rs) will ensure reciprocal access rights and maintenance agreements between properties. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (Draft SEIR) that analyzed the Project’s environmental impacts in accordance with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., CEQA), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the CEQA Guidelines), and the City’s Local CEQA Guid elines. The Draft SEIR City Council 28 – 238 9/16/2025 Resolution No. 2025-XXX Page 4 of 11 was made available for public review for 52 days between April 17, 2025 and June 9, 2025. The document was made available online at the City of Santa Ana website and available for review at City Hall and the S outhwest Senior Center in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 4, 2025. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. Th is Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves VTTM No. 2025-06, as conditioned in Exhibit A, attached hereto and incorporated herein for the Project at the Project Site, and as i llustrated and attached hereto and incorporated herein as Exhibit B. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Staff Report dated September 16, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until the City Council Resolution for Final SEIR No. 2025-01 (SCH No. 2020029087), the City Council Ordinance for Development Agreement No. 202 5-01, the City Council Ordinance for Amendment Application No. 2025-01, and the City Council Resolution to Overrule of Orange County John Wayne Airport Land Use Commission’s Determination of Inconsistency for the Project are adopted and become effective. Further, if said resolutions and ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect. Section 5. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 6. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development project by taking the necessary steps and following the procedures established by sections 66020 through 66022 of the California Government Code. Section 7. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against City Council 28 – 239 9/16/2025 Resolution No. 2025-XXX Page 5 of 11 the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set a side, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Ap plicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 Resolution. The City Council of the City of Santa Ana hereby declares that it would have adopted this Resolution 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. ADOPTED this _____ day of _______________, 2025. _________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _________________________ Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: _______________________________________ NOES: Councilmembers: _______________________________________ ABSENT: Councilmembers: _______________________________________ ABSTENTIONS: Councilmembers: _______________________________________ City Council 28 – 240 9/16/2025 Resolution No. 2025-XXX Page 6 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ____________________, 2025. Date: _______________ _________________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 28 – 241 9/16/2025 Resolution No. 2025-XXX Page 7 of 11 Exhibit A Conditions for Approval for Vesting Tentative Tract Map No. 2025-06 Vesting Tentative Tract Map (VTTM) No. 2025-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The Applicant shall comply with each and every condition listed in order to exercise the rights conferred by this vesting tentative tract map. The Applicant shall remain in compliance with all conditions listed below throughout the life of the Project. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. VTTM No. 2025-06 has been processed concurrently with the Village Santa Ana Specific Plan (SP-6). The VTTM will create the basis for the legal lots for each development Parcel and rights-of-way dedications. In accordance with the subdivision map, the Owner shall be subject to the following standards and conditions: 1. Applicant shall record all legal documents for street dedications along Sunflower Avenue, Bear Street, and Plaza Drive, and all other interior streets/drive aisles that intersect with public streets in a form agreeable to the City of Santa Ana. 2. Applicant shall comply with all applicable recommendations as identified by the Traffic Circulation Analysis (TCA) dated March 26, 2025, and attached hereto as reference as Exhibit C. 3. Applicant shall comply with the applicable recommendations as identified by the Parking Management Plan (PMP) prepared March 26, 2025, and attached hereto as reference as Exhibit D. 4. Applicant shall complete an approved preliminary Water Quality Management Plan (WQMP) approved by the Public Works Agency. 5. Applicant shall obtain an approval from Republic Services and the City on trash circulation and collection. 6. Applicant shall construct public improvements as specified on the Vesting Tentative Tract Map, including, but not limited to, street widenings, sidewalks, landscaping, irrigation, bus stop pads and shelters, asphalt pavement, rai sed medians, traffic signals and stops, crosswalks, street lights, bicycle facilities, and pedestrian facilities, as determined by the Executive Director of the Public Works Agency. 7. Applicant shall construct, at their sole expense, new public water mains , sized in accordance with the hydraulic study recommendations and as approved by the Water Resources Manager. City Council 28 – 242 9/16/2025 Resolution No. 2025-XXX Page 8 of 11 8. Applicant shall construct, at their sole expense, new connections and public sanitary sewer to convey Project wastewater in accordance with the sewer study recommendations and as approved the Water Resources Manager. 9. Public improvements constructed in phases shall be designed to accommodate appropriate transitions between phases in a manner that ensures the safety of the traveling public. Temporary improvements shall be designed and built in accordance with all City standards. Detailed engineered plans for all improvements must be submitted to the Public Works Agency for review and approval by the Executive Director of the Public Works Agency or designee. Phasing improvements shall apply the following: a. Maintain ADA pedestrian paths between each phase (as contemplated by the Development Approvals) throughout the development project and along the perimeter public streets of the Project; and b. Maintain bikeway connectivity between each phase (as contemplated by the Development Approvals) throughout the development project and along the perimeter public streets of the Project. 10. Applicant shall contribute a fair share contribution for public improvements and payment shall be made in accordance with the TCA and as determined by the Executive Director of the Public Works Agency. 11. All public improvements will require engineered plans to be approved by the Public Works Agency and permits issued for such improvements. Improvements will be in conformance with City standards, rules and regulations in place at time of plan approvals. 12. Applicant shall enter into a Right of Way maintenance agreement, conforming to the City’s standard Right of Way maintenance agreement. Through the agreement, Owner agrees to maintain the new public sidewalks, parkways, irrigation, landscaping, trees, furnishings, waste receptacles, weed abatement, graffiti removal and vandalism, specialty pavement, and specialty lighting above and beyond standard street lights along the Project’s frontage on Sunflower Avenue, Plaza Drive, and Bear Street. Owner may elect to, but is not obligated to, install specialty lighting above and beyond standard street lights along the Project ’s frontage. If Owner installs standard street lights, City shall operate and maintai n same at City’s cost. If Owner installs specialty lighting, Owner shall operate and maintain same at Owner’s cost. The Right of Way maintenance agreement shall not obligate Owner to maintain any street medians, street signals, street signs, nor to remove City’s obligation to provide police and public safety monitoring and/or enforcement on the public sidewalks and medians. 13. Prior to receiving building permits for each individual building, Applicant shall pay all development impact fees associated with each building that is the subject of said building permit. City Council 28 – 243 9/16/2025 Resolution No. 2025-XXX Page 9 of 11 14. Prior to receiving building permits for the first Implementing Project on each Phase, Applicant shall submit to the City either a cash deposit or public improvements agreement and bond in the amount of the cost of public improvements per each Phase of the Project. The total amount will be in accordance with the Applicant’s engineer’s cost estimate and approved by the Public Works Agency. The City will release deposit and/or bond as Owner completes rel ated improvements to the City’s satisfaction. 15. Any proposed change to this tentative tract map must be submitted to the Planning Division and Public Works Agency for review. At that time, staff will determine if administrative relief is available or if the tentative tract map must be amended. 16. The Project shall comply with all applicable mitigation measures as identified by the Mitigation Monitoring and Reporting Program of the Supplemental Environmental Impact Report (SEIR) for the Village Santa Ana Specific Plan (SCH No. 2020029087). 17. The Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the Project to the Planning Division for review and approval prior to the Final Map being recorded for any portion of phase of the Specific Plan area. 18. The Final Map must be approved and recorded prior to issuance of Certificate of Occupancy or permit finals for any building or structure on any phased final map portion of the subdivision area. 19. The Final Map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 20. Two copies of the recorded Final Map and CC&Rs shall be submitted to the Planning Division, Building Division, Public Works Agency and Orange County Fire Authority (OCFA) within 10 days of recordation. 21. A “Notice of Airport in Vicinity” shall be included in all lease/rental agreements, and the applicant shall post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the Orange County/John Wayne Airport Environs Land Use Plan and to minimize potential future noise complaints. 22. The Applicant shall submit a construction phasing plan for each development within the Specific Plan area prior to the issuance of building permits for any grading, excavation, or above-ground construction. Said plan shall be accompanied by a site plan illustrating any phasing, tempora ry closures, construction material and equipment staging areas, construction hours, and other information as requested by the City for the benefit of understanding any temporary impacts resulting from construction activities. City Council 28 – 244 9/16/2025 Resolution No. 2025-XXX Page 10 of 11 23. The Applicant shall record, as determined to be necessary, an avigation easement with the City of Santa Ana and the County of Orange in a template and form agreeable to the City of Santa Ana, the County of Orange, and the Applicant, prior to issuance of building permits for above-ground construction. 24. The Applicant shall record one or more open space easements against the Property for the benefit of the City concurrent with the recordation of the subdivision maps that implement a given Project Phase or Development phase, as contemplated by the Project Approvals. Such easements shall not be retired until the property is no longer zoned by the Specific Plan, or zoned or used for residential purposes. 25. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public W orks Agency, and the City Attorney, to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different f rom the Applicant) shall execute a Property Maintenance Agreement. The Agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed Agreement must be recorded prior to the issuance of any building permits. The Agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved Project phasing, etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including, but not limited, to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); City Council 28 – 245 9/16/2025 Resolution No. 2025-XXX Page 11 of 11 e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Agreement and both shall be jointly and severally liable for compliance with its terms; f. The Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Agreement; and g. The Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The Agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. City Council 28 – 246 9/16/2025 City Council 28 – 247 9/16/2025 City Council 28 – 248 9/16/2025 City Council 28 – 249 9/16/2025 City Council 28 – 250 9/16/2025 City Council 28 – 251 9/16/2025 City Council 28 – 252 9/16/2025 Exhibit C The Traffic Circulation Analysis for The Village Santa Ana Specific Plan (SP-6) is available Online on the City’s Project webpage at https://www.santa-ana.org/specific- plan-the-village-santa-ana/. . Physically at: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 City Council 28 – 253 9/16/2025 Exhibit D The Parking Management Plan for The Village Santa Ana Specific Plan (SP-6) is available Online on the City’s Project webpage at https://www.santa-ana.org/specific- plan-the-village-santa-ana/. Physically at: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 City Council 28 – 254 9/16/2025 Resolution No. 2025-XXX Page 1 of 20 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Justin McCusker, on behalf of South Coast Plaza, a California general partnership (“Applicant” and “Property Owner”), is seeking approval of various entitlements to facilitate the redevelopment of a 17.2 -acre site into a mixed-use urban village (“Project”). B. The project site is located along the southern edge of the City of Santa Ana (“City”), on the northeast corner of West Sunflower Avenue and South Bear Street, transected by South Plaza Drive. The project site includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W. Sunflower Avenue; 3820, 3840, and 3951 S Plaza Drive; and 3811 and 3851 S. Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451-01, 412- 451-02, 412-451-03, and 412-451-04), collectively referred to as 1561 W. Sunflower Avenue (“Project Site”). C. The Project entitlements include Amendment Application (AA) No. 2025-01 to establish The Village Santa Ana Specific Pla n (Specific Plan No. 6 (SP- 6)) and to approve a zone change for the Project Site from Specific Development No. 48 (SD-48) to SP-6; Vesting Tentative Tract Map (VTTM) No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six buildable lots; and Development Agreement (DA) No. 2025-01 outlining terms and conditions for the Project. D. The Project entails, among other things, (1) demolition of the existing structures on the Project Site and (2) redevelopment of the Project Site into an urban village containing up to 1,583 residential units, 80,000 square feet of commercial/retail space, and 300,000 square feet of office space, including 7.5 acres of publicly accessible open space and on -site parking and landscaping. City Council 28 – 255 9/16/2025 Resolution No. 2025-XXX Page 2 of 20 E. The City is located partially within the area contained within the scope of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). F. Consistent with the requirements of California Public Utilities Code (PUC) Section 21676 et seq., because a portion of the proposed Project is within the area covered by the AELUP, subsequent to its introduction, the Project was submitted to the Orange County Airport Land Use Commission (ALUC) for consideration of the Project’s consistency with the AELUP. G. At its meeting on June 19, 2025, the ALUC determined that the Project is inconsistent with the AELUP of JWA. H. On July 16, 2025, the City provided a notice of intent to overrule ALUC’s determination of inconsistency pursuant to PUC Section 21676, subdivision (b). I. On August 12, the Division of Aeronautics of the California Department of Transportation (Caltrans) provided a response to the City’s notice of intent to overrule ALUC’s inconsistency determination. J. On August 15, 2025, ALUC provided a response to the City’s notice of intent to overrule ALUC’s inconsistency determination and submitted additional comments. K. Pursuant to PUC sections 21670 and 21676, if an ALUC determines that a proposed adoption or amendment of a specific plan or zoning ordinance is inconsistent with an AELUP, the referring local agency may, after a public hearing, propose to overrule the ALUC by a two-thirds vote of its governing body, upon making specific findings that the proposed action is consistent with the purposes of the PUC Section 21670. L. Pursuant to City Council direction given at a City Council meeting on July 15, 2025, City staff has provided appropriate notice of the City Council’s intent to overrule the ALUC’s determination. M. On September 16, 2025, the City Council held a duly-noticed public hearing regarding the City Council’s intent to overrule the ALUC’s determination of inconsistency. N. The City Council finds that the Project is in the best interests of the City and is consistent with the purposes set forth in Public Utilities Code Section 21670. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (Draft SEIR) that analyzed the Project’s environmental impacts in accordance with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., CEQA), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the CEQA Guidelines), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 52 days between April 17, 2025 and June 9, 2025. The document was made available online at the City of Santa Ana website and available for City Council 28 – 256 9/16/2025 Resolution No. 2025-XXX Page 3 of 20 review at City Hall and the Southwest Senior Center in hard copy form. In r esponse to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 4, 2025. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council is required to provide findings of fact supporting the overrule of ALUC’s determination of inconsistency as required by PUC Section 21676, subdivision (b). The City Council of the City of Santa Ana hereby adopts the findings set forth in Exhibit A to this Resolution, attached hereto and incorporated herein by this reference (the “Findings”). Section 4. Based on these Findings and the associated substantial evidence in the public record, the City Council of the City of Santa Ana hereby finds that the proposed action by the City on the Project is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670, and consistent with the AELUP. Section 5. Based on the above evidence and Findings made, and the remainder of the record in this matter, the City Council of the City of Santa Ana hereby overrules the ALUC's determination that The Village Santa Ana Specific Plan Project (SP -6) is inconsistent with AELUP. 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. Section 7. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 8. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code City Council 28 – 257 9/16/2025 Resolution No. 2025-XXX Page 4 of 20 of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 Resolution. The City Council of the City of Santa Ana hereby declares that it would have adopted this Resolution 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. ADOPTED this day of , 2025. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: City Council 28 – 258 9/16/2025 Resolution No. 2025-XXX Page 5 of 20 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2025. Date: Jennifer L. Hall City Clerk City of Santa Ana City Council 28 – 259 9/16/2025 Resolution No. 2025-XXX Page 6 of 20 Exhibit A FINDINGS OF FACT SUBJECT: CITY OF SANTA ANA NOTICE OF INTENT TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION OF INCONSISTENCY FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT I. INTRODUCTION: The City of Santa Ana (“City”) is required to provide findings supporting the overrule of the Orange County Airport Land Use Commission's (ALUC) determination of inconsistency as required in the California Public Utilities Code (PUC) Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on the Village Santa Ana Specific Plan Project ("Project") is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670, which provides, in relevant part: It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses." Specifically, the City's proposed action on the Project provides for the orderly development of John Wayne Airport (JWA), and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. II. FRAMEWORK: It is in the public interest to: (1) provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to (2) promote the overall goals and objectives of the California airport noise standards adopted pursuant to PUC Section 21669 and to (3) prevent the creation of new noise and safety problems. A. To provide for the orderly development of JWA and the area surrounding the airport, the ALUC adopted the 2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA) on April 17, 2008. The AELUP for JWA guides development proposals to provide for orderly development of the airport and the area surrounding the airport through implementation of the standards in Section 2.1 (aircraft noise, safety compatibility zones, building height restrictions). City Council 28 – 260 9/16/2025 Resolution No. 2025-XXX Page 7 of 20 B. The ALUC also adopted a separate Airport Environs Land Use Plan for Heliports (Heliports AELUP) on June 19, 2008. C. The ALUC is required to use the California Airport Land Use Planning Handbook (“Handbook”) that was updated by the California Department of Transportation, Division of Aeronautics (Caltrans) in 2011. Neither the JWA AELUP nor the Heliports AELUP have been updated to incorporate the Handbook's guidance. Likewise, the JWA AELUP has not been updated with information about the operation and environmental effects of JWA as reflected in its most recent Final Environmental Impact Report (EIR), certified by the Orange County Board of Supervisors on June 25, 2019 for the General Aviation Improvement Progra m (GAIP). D. The City of Santa Ana is required to provide findings supporting the overrule of the Orange County ALUC determination as required in PUC Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on the Project at 1561 W. Sunflower Avenue and related zoning change (amendment application) are consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670. E. The proposed Project provides for the orderly development of JWA, and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. This Project would not add any new residential or commercial noise impacts to the JWA 65 dBA Community Noise Equivalent Level (CNEL) noise area. F. As the Project proposes a zone change and adoption of a Specific Plan, and pursuant to PUC Section 21676, the City of Santa Ana referred the proposed Project to the ALUC for review. G. The ALUC has adopted FAR Part 77 as the criteria for determining height restrictions in Orange County. FAR Part 77 requires notification to FAA for any project that would be more than 200 feet in height above ground level or within the imaginary surface of a 100:1 slope extending outward for 20,000 feet from the nearest runway. Here, the Project site is located within the 206-foot-high imaginary surface area for JWA, and the proposed mixed-use buildings that are a part of the Project would be a maximum of 25 stories high, with the tallest point on the buildings being 315 feet above the existing ground level. Thus, FAA notification is required. H. On June 19, 2025, the City of Santa Ana presented the Project to the ALUC for a determination of consistency with the JWA AELUP. I. The ALUC staff report for that hearing recommended that the ALUC find the proposed Project consistent with AELUP issues of aircraft noise, flight tracks and safety, and heliports. The staff report noted that with regard to AELUP issues of City Council 28 – 261 9/16/2025 Resolution No. 2025-XXX Page 8 of 20 height restrictions, the Project is inconsistent per Section 2.1.3 of the AELUP, which states that “a Determination of No Hazard to Air Navigation does not automatically equate to a Consistency determination by the ALUC and that the Commission may find a project Inconsistent based on an Obstruction determination”, and Section 3.2.1 of the AELUP, which states that “within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which…permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or permit activities or facilities that would affect adversely aeronautical operations.” The proposed Project would allow buildings up to 25 stories and/or 315 feet, which would penetrate the FAR Part 77 Horizontal Obstruction Imaginary Surface for JWA. J. On June 19, 2025, the ALUC held a public hearing and, by unanimous vote, adopted a resolution finding the Project inconsistent with the AELUP for the stated reasons set forth in the staff report. K. The City of Santa Ana has the general police power to control land use within its territorial jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in State law (PUC §§ 21676, 21676.5) and the ALUC process allowing for overrule of an ALUC finding of inconsistency. L. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two-thirds vote of the City Council if it makes specific findings that the Project is consistent with the purposes of the State Aeronautics Act. M. The City finds that the Project is consistent with the AELUP and with the purposes of the State Aeronautics Act based on the following Findings of Fact and substantial evidence. III. FINDINGS OF FACT A. The Village Santa Ana Specific Plan Project. The Project consists of a specific plan for a 17.2-acre site to allow for up to 1,583 residential units (encompassing approximately 1,850,000 square feet of building space), 80,000 square feet of retail space, 300,000 square feet of office space, and over 7.5 acres of common open space. The Project requires discretionary approval of a tentative tract map, amendment application (zone change) for a specific plan, development agreement. The specific plan contains permissive uses and deve lopment standards, but does not specify exact locations and heights of each implementing development that falls within the scope of the specific plan. B. The comments in ALUC’s staff report and ALUC’s determination of inconsistency found the Project inconsistent with AELUP for JWA per Section 3.2.1 because the Project would allow buildings up to 25 stories and/or 315 feet which would penetrate the FAR Part 77 Horizontal Obstruction Imaginary Surface for JWA. C. During the June 19, 2025 ALUC hearing on th e Project, City staff and the project applicant provided supplemental information about the nature of a specific plan, how implementing projects will be reviewed, information on existing high -rises in the vicinity, and FAA notification requirements for buildings exceeding 200 feet in City Council 28 – 262 9/16/2025 Resolution No. 2025-XXX Page 9 of 20 height, and that conditions of approval for the Project would contain a condition requiring “Notice of Airport in Vicinity,” to be included in all lease/rental agreements and post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the AELUP and to minimize potential future noise complaints. Despite this information, the ALUC voted to find the Project inconsistent per Sections 2.1.3 and 3.2.1 of the AELUP. D. Justification for Finding Project Consistent with the Purposes of PUC Section 21670. 1. Noise. The residential and commercial land uses under the proposed Project are consistent with the aircraft noise standards of the AELUP and the requirements of PUC Section 21670. a. The Project is located outside of the JWA 60 to 65 dBA CNEL aircraft noise contours. Aircraft noise analysis was completed in the Project’s SEIR (State Clearinghouse No. 2020029087) and presented at the ALUC hearing. The AELUP establishes aircraft noise exposure exterior noise level compatibility thresholds for new development by land use category. According to the exterior noise thresholds outlined in the AELUP, multi-family residential development is considered normally consistent with exterior noise levels of less than 60 dBA CNEL, conditionally consistent with exterior noise levels between 60 and 65 dBA CNEL and normally inconsistent with exterior noise level above 65 Dba CNEL. For commercial retail land use, exterior noise l evels are considered normally consistent with exterior noise levels of less than 65 dBA CNEL and conditionally consistent with exterior noise level above 65 dBA CNEL. b. According to Section 5.9 of the SEIR, the Project site is located outside of both the airport’s planned and actual (2019) 60 CNEL contours of JWA. Thus, according to the AELUP, the Project residential, open space, and commercial retail land uses are normally consistent with JWA aircraft noise exposure exterior noise level compatibility thresholds. c. The airport related noise on the Project site does not exceed the City’s Municipal Code permissible noise levels. d. The County’s General Aviation Noise Ordinance prohibits commercial aircraft departures between the hours of 10:00 p.m. and 7:00 a.m. and arrivals between the hours of 11:00 p.m. and 7:00 a.m. e. Based on the foregoing, these restrictions substantially limit the aircraft noise during the noise sensitive nighttime hours for residential use. Thus, noise impacts related to JWA would be less than significant. City Council 28 – 263 9/16/2025 Resolution No. 2025-XXX Page 10 of 20 f. The JWA GAIP EIR also contains noise analysis demonstrating that the Project is outside of the 60 dBA CNEL noise contour. This noise analysis is based on one year’s worth of aircraft operations in all runway operating configurations for both existing aircraft fleet mixes and future fleet forecasts. This analysis includes the time of day of all operations and includes noise penalties for evening (7 pm to 10 pm) and night (10 pm to 7 am) aircraft operations of five and ten decibels per operation. Residential land uses are normally consistent in areas impacted by aircraft noise up to 60 dBA CNEL and commercial land uses up to 65 dBA CNEL as shown in the AELUP Table 1. These are the same noise standards used by the FAA and the State of California to identify compatible land uses near airports. g. The Project is located outside of the JWA single-event aircraft noise contours. The detailed aircraft noise analysis completed as part of the JWA GAIP EIR included analysis of single event aircraft noise. This analysis included single event noise contours for the noisiest aircraft making regular use of JWA. The Project site is located outside of the JWA 85 dB single event noise contours for all aircraft making regular use of the Airport. h. The Project includes a condition of approval notifying future residents. The conditions of approval also include notification measures, which includes a “Notice of Airport in Vicinity,” to be included in all lease/rental agreements and post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the AELUP and to minimize potential future noise complaints. i. The General Plan Update (GPU) in 2022 addresses noise, safety, hazards, and other related impacts from development in the vicinity of the Airport. Projects approved under the GPU would be required to comply with the GPU guidelines. j. Based on the foregoing, the Project will not result in the exposure of City residents to excess noise within the meaning of PUC Section 21670. 2. Safety. The residential and commercial land uses under the proposed project are consistent with the safety standards of the AELUP. a. Section 2. 1. 2 of the JWA AELUP describes the airport's safety compatibility zones. 1) Per Section 2. 1. 2 of the JWA AELUP, " Safety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs." City Council 28 – 264 9/16/2025 Resolution No. 2025-XXX Page 11 of 20 2) The purpose of these zones, per the JWA AELUP, is to " support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." b. The JWA AELUP identifies the following Safety Zones: 1) Zone 1: Runway Protection Zone 2) Zone 2: Inner Approach/ Departure 3) Zone 3: Inner Turning Zone 4) Zone 4: Outer Approach/ Departure Zone 5) Zone 5: Sideline Zone 6) Zone 6: Traffic Pattern Zone c. According to the ALUC staff report, the Project is not in any of the AELUP safety zones. The Project is located more than 0.40 miles from the outer edge of AELUP Zone 6, Traffic Pattern Zone as depicted in Appendix D. Further, AELUP Appendix D states the “Basic Compatibility Qualities” of Zone 6 as “Allow residential uses” and “Allow most nonresidential uses. d. The Project is not in the JWA runway protection zones (RPZ). The Project is located approximately 1.5 miles from the outer edge of the nearest JWA RPZ. e. No part of the Project will be inconsistent with the policies set forth in Section 2.1.2 of the JWA AELUP regarding Safety Compatibility Zones. Furthermore, the ALUC did not find, that the Project is inconsistent with Section 2.1.2 of the JWA AELUP. f. Based on the foregoing, the Project will not result in the exposure of City residents to excessive safety hazards within the meaning of PUC Section 21670. 3. Height. The residential and commercial land uses under the proposed Project are consistent with the height standards of the AELUP. The allowable height of structures surrounding an airport is described in FAR Part 77 as the allowable height at which safe movement of aircraft occurs. The regulation requires that notice be given to the FAA if there is a proposal to construct a structure that would exceed a 100:1 slope of an imaginary surface extending outward for 20,000 feet from the nearest runway at JWA. Beyond the 100:1 imaginary surface, FAR Part 77 also requires notification to FAA for any project that will be more than 200 feet in height above the ground level. a. The proposed buildings associated with the Specific Plan would not exceed the sloping, three-dimensional 100:1 (one percent sloping surface from the nearest runway over 3,200 feet in actual length) City Council 28 – 265 9/16/2025 Resolution No. 2025-XXX Page 12 of 20 FAA notification surface to require the Filing of FAA Form 7460-1. b. The buildings exceeding 200 feet in height in the Specific Plan area are not within the geographic area or sloping, three-dimensional 50:1 FAA precision instrument Approach Surface to JWA Runway 20R (the closest runway to the Project). c. Penetrating a Civil Airport Imaginary Surface, like the Horizontal Surface, does not in itself define a hazard. The Horizontal Surface is not unequivocally airspace reserved for air navigation, it is an imaginary surface used by the FAA to study whether obstructions are potential hazards and whether any mitigation factors can be considered (page 2-3 of FAA AC 150/5190-4B, Airport Land Use Compatibility Planning). These FAA studies determine whether a building poses a public safety issue or will adversely impact the continued operation of the airport and other aeronautical operations. 1) Penetrating a Civil Airport Imaginary Surface is a trigger to file a Form 7460 so that the FAA can conduct its aeronautical study. The FAA, through these studies, determines whether a building poses a public safety issue or will adversely impact the continued operation of the airport and other aeronautical operations. This is noted on Page 3-31 of the Caltrans California Airport Land Use Planning Handbook: “By definition, any object that penetrates one of the imaginary surfaces is deemed an obstruction to air navigation. However, not all obstructions are necessarily hazards. The determination of whether an object would be a hazard to air navigation is made as part of an aeronautical study conducted by the FAA …” 2) As per 14 CFR Section 77.25, “The purpose of an aeronautical study is to determine whether the aeronautical effects of the specific proposal and, where appropriate, the cumulative impact resulting from the proposed construction or alteration when combined with the effects of other existing or proposed structures, would constitute a hazard to air navigation.” 3) Further, in 14 CFR Section 77.29, the regulation specifies that these studies include evaluating: (1) The impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules; (2) The impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules; (3) The impact on existing and planned public use airports City Council 28 – 266 9/16/2025 Resolution No. 2025-XXX Page 13 of 20 (4) Airport traffic capacity of existing public use airports and public use airport development plans received before the issuance of the final determination; (5) Minimum obstacle clearance altitudes, minimum instrument flight rules altitudes, approved or planned instrument approach procedures, and departure procedures; (6) The potential effect on ATC radar, direction finders, ATC tower line-of-sight visibility, and physical or electromagnetic effects on air navigation, communication facilities, and other surveillance systems; (7) The aeronautical effects resulting from the cumulative impact of a proposed construction or alteration of a structure when combined with the effects of other existing or proposed structures. 4) Even if a structure penetrates an imaginary surface, it still may not be deemed a hazard by the FAA. As stated in 14 CFR Section 77.31 (d): A Determination of No Hazard to Air Navigation will be issued when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard but would not have a substantial aeronautical impact to air navigation. A Determination of No Hazard to Air Navigation may include the following: (1) Conditional provisions of a determination. (2) Limitations necessary to minimize potential problems, such as the use of temporary construction equipment. (3) Supplemental notice requirements, when required. (4) Marking and lighting recommendations, as appropriate. d. The FAA issued thirty-seven (37) Determination of No Hazard based on 37 Form 7460-1’s filed by South Coast Plaza for eight (8) buildings. The heights of these eight buildings ranged from 95 feet AGL to 279 feet AGL based on an initial architectural concept of design. The Specific Plan does allow for development with a maximum height of 25 stories/315 feet and also states that “an infill project must comply with all applicable policies and associated mitigation measures—e.g., sound attenuation, height limitation, occupancy limits… consistent with the AELUP”. When actual development proposals are submitted to the City of Santa Ana, sponsors will be required to submit a Form 7460 to the FAA as per City Council 28 – 267 9/16/2025 Resolution No. 2025-XXX Page 14 of 20 AELUP guidelines and FAA requirements. e. The ALUC suggests that because four buildings exceeded Obstruction Imaginary Surfaces by 26 to 107 feet under Part 77 and required study by the FAA, that they are hazards to air navigation or pose a public safety issue. Caltrans, in their response letter, does the same. This is incorrect. 1) All eight buildings were deemed to not be hazards. 2) Four of the buildings had no conditions, other than filing a Form 7460-2. As stated in those determinations: (a) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or within 5 days after the construction reaches its greatest height (7460-2, Part 2). 3) Four of the buildings had a marking/lighting condition, in addition to filing a Form 7460-2. As stated in those determinations: (a) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Air Missions (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or within 5 days after the construction reaches its greatest height (7460-2, Part 2). f. Each future site-specific implementing development under the Project will be required to be submitted through the City’s City Council 28 – 268 9/16/2025 Resolution No. 2025-XXX Page 15 of 20 development review process, at which point if a specific building is proposed within the Federal Aviation Administration (FAA) Notification Area that exceeds 200 feet in height, FAA notification compliance would be required through the development review process. g. In addition to requiring FAA notification for any buildings exceeding 200 feet in height within the Project area, AELUP and FAR Part 77 require an FAA aeronautical study to be conducted to ensure that the proposed structures would not constitute a hazard to air navigation. h. The FAA’s Determinations of No Hazard to Air Navigation for the Mixed-Use development structures are the only source of authoritative, aviation safety findings regarding the Project because: 1) “The United States Government has exclusive sovereignty of airspace of the United States” (49 U.S.C. § 40103(a)(1)). 2) In order to use this airspace, the FAA Administrator is responsible for: (a) Plans and policy for the safe use of the navigable airspace (49 U.S.C. § 40103(b)(1); and (b) “[R]egulations on the flight of aircraft (including regulations on safe altitudes) for navigating, protecting and identifying aircraft; protecting individuals and property on the ground; using the navigable airspace efficiently; and preventing collision between aircraft, between aircraft and land or water vehicle, and between aircraft and airborne objects” (49 U.S.C. § 40103(b)(2)). 3) The FAA’s aeronautical studies for project structures are the definitive standard for assessing compliance with federal aviation safety laws and regulations (49 U.S.C. § 77.1(c)). This federal authority is recognized in State law (Cal. PUC §21240). i. The FAA will conduct an aeronautical study (49 U.S.C. §44718 and 14 CFR Part 77) and issue its Determinations for individual implementing projects that exceed 200 feet in height and are submitted within the Specific Plan area. j. The Project is an approval only as to the specific plan. No specific structures are contemplated as part of the Project. Therefore, nothing in the Project will create an obstruction or hazard to air navigation within the meaning of 14 CFR Part 77, and no part of the Project involves the proposed construction or alteration of any structures. Accordingly, no aeronautical study is required as part of the Project. See 49 USC 44718; 14 CFR Part 77; FAA Order JO 7400.2M. City Council 28 – 269 9/16/2025 Resolution No. 2025-XXX Page 16 of 20 k. Based on the foregoing, the Project is consistent with AELUP’s height standards. l. The ALUC has uncertain statements within its AELUP regarding who has final authority in determining whether a building is an obstruction or hazard. Each entity that has aviation safety duties and responsibilities related to this matter relies on or ultimately defers to the FAA’s authoritative aviation safety role in airspace determinations. 1) The AELUP for JWA, Section 2.1.3 Building Height Restrictions states, “In adopting criteria for building height restrictions in the vicinities of airports, the Commission considered only one standard and that was Federal Aviation Regulations Part 77 ([14CFR] Part 77) entitled, Objects Affecting Navigable Airspace. These regulations are the only definitive standard available [emphasis added] and the standard most generally used. In the aeronautical studies, the FAA determines if a project is considered an Obstruction and if a project is determined to be a Hazard to Air Navigation” 2) Section 2.1.3 also recognizes FAA aeronautical studies beyond 14 CFR Part 77 surfaces as the standard for review, “In addition to the ‘imaginary surfaces,’ the Commission will use all of the FAR Part 77.23 standards along with the results of FAA aeronautical studies, [emphasis added] or other studies deemed necessary by the Commission, in order to determine if a structure is an ‘obstruction.’” This section goes on to state: The Commission considers and recognizes the FAA as the single "Authority" for analyzing project impact on airport or aeronautical operations, or navigational-aid siting, including interference with navigational- aids or published flight paths and procedures. The Commission also considers the FAA as the "Authority" for reporting the results of such studies and project analyses. The Commission will not consider the findings of reports or studies conducted by parties other than the FAA unless the FAA certifies and adopts such findings as true and correct. 3) This is in contradiction to Section 2.1.3 of the AELUP which states: “A Determination of No Hazard to Air Navigation does not automatically equate to a Consistency determination by the ALUC. The FAA may also conclude in their aeronautical study that a project is an Obstruction but not a Hazard to Air Navigation. The Commission may find a project Inconsistent based on an Obstruction determination. The Commission may utilize criteria for protecting aircraft traffic patterns at individual airports which may differ from those contained in FAR Part 77, should evidence of health, welfare, or air safety surface sufficient to justify such an action.” 4) Neither the AELUP, nor the ALUC specify what their criteria City Council 28 – 270 9/16/2025 Resolution No. 2025-XXX Page 17 of 20 are for their determination, which may differ from the FAA’s determination. 5) Section 2.1.3 adds reference to FAA Advisory Circular 150/5190- 4A, A Model Zoning Ordinance to Limit Height of Objects Around Airports for Commission Review. This FAA Advisory Circular provides specific guidance for establishing zoning regulations along with specific guidance on a “variance” process for potential obstructions. At Section 3.b., “The Federal Aviation Administration (FAA) conducts aeronautical studies on obstructions which examine their effect on such factors as: aircraft operational capabilities; electronic and procedural requirements; and, airport hazard standards. If an aeronautical study shows that an obstruction, when evaluated against these factors, has no substantial adverse effect upon the safe and efficient use of navigable airspace, then the obstruction is considered not to be a hazard to air navigation [emphasis added].” 6) FAA AC 150/5190-4B, Airport Land Use Compatibility Planning, references 14 CFR Part 77/Obstruction Evaluation (OE) Processes and Surfaces, and the FAA’s standards and regulations that protect the nation’s airspace: “14 CFR Part 77, ‘Safe, Efficient Use and Preservation of Navigable Airspace,’ establishes standards for determining and defining objects that may pose potential obstructions to air navigation. 14 CFR Part 77 was developed by the FAA to promote safety, and the efficient use and preservation of the navigable airspace. The airspace areas governed by 14 CFR Part 77 are called ‘imaginary surfaces.’ 7) Caltrans Division of Aeronautics – Caltrans publishes the Handbook in accordance with State Law with the purpose to, “provide information to ALUCs, their staffs, airport proprietors, cities, counties, consultants, and the public; to identify the requirements and procedures for preparing effective compatibility planning documents; and define exemptions where applicable (Caltrans, 2011).” The Handbook provides specific guidance for assessing potential airspace obstructions in Section 4.5 Airspace Protection. 8) JWA – The FAA requires airport sponsors like Orange County to accept specific grant assurances when they accept federal funding. Hazard Removal and Mitigation and Compatible Land Use are two of these assurances (49 U.S.C. § 47107(a)(9) and (10)). For hazard removal, the Airport relies on the FAA’s aeronautical study to meet its requirement. For compatible land use, the Airport relies on coordination with the surrounding cities and the ALUC. The following are the specific assurances: (a) Hazard Removal and Mitigation. It will take appropriate City Council 28 – 271 9/16/2025 Resolution No. 2025-XXX Page 18 of 20 action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. (i) The proposed Project would not result in hazards related to excessive glare, light, steam, smoke, dust, or electronic interference. Exterior lighting fixtures and security lighting would be installed in accordance with the City’s Municipal Code Division 3, Building Security Regulations, which includes specifications for shielding and intensity of security lighting. In addition, the proposed Project would not use highly reflective surfaces, and does not include large areas of glass on the buildings. Therefore, the proposed Project would not generate substantial sources of glare. (ii) Operation of the proposed residential and commercial uses would not generate substantial quantities of steam, smoke, or dust emissions. Dust emissions are regulated by SCAQMD requirements and construction related air quality emissions that could include steam, smoke, and dust emissions would be less than significant with implementation of the standard SCAQMD Rules. (iii) The proposed Project would include the use of typical electronics, such as computers, televisions, and other electronics with wireless capability. These types of electronics are currently being used by the existing land uses on the site, and other uses in the vicinity of the site. The new residential and commercial uses on the site would use similar technology that does not cause electronic interference that could affect aircraft. Thus, impacts related to electronic interference with operations of JWA would not occur. (b) Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, City Council 28 – 272 9/16/2025 Resolution No. 2025-XXX Page 19 of 20 including landing and takeoff of aircraft. In addition, if the Project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. m. If the ALUC does not agree with any FAA Determination, they can petition the FAA. 1) As per 14 CFR Section 77.35 (a) “You may petition the FAA official that issued the Determination of No Hazard to Air Navigation to revise or reconsider the determination based on new facts or to extend the effective period of the determination, provided that: (1) Actual structural work of the proposed construction or alteration, such as the laying of a foundation, but not including excavation, has not been started; and (2) The petition is submitted at least 15 days before the expiration date of the Determination of No Hazard to Air Navigation.” 2) Further, and as per 14 CFR Section 77.37 (a) “If you are the sponsor, provided a substantive aeronautical comment on a proposal in an aeronautical study, or have a substantive aeronautical comment on the proposal but were not given an opportunity to state it, you may petition the FAA for a discretionary review of a determination, revision, or extension of a determination issued by the FAA.” 4. Overflight. “Close to the JWA approach centerline” as identified by the ALUC is neither an FAA nor an AELUP standard. a. The FAA is the only authoritative source of aviation safety data and the FAA does not have a “close to the JWA approach centerline” standard. b. The AELUP clearly identifies its airport land use planning standards around aircraft noise, safety, and height. Objective measures of these standards are clearly identified in AELUP Section 2.1. The Specific Plan is drafted to be consistent with each of these objective standards. c. Two-dimensional flight tracks do not inform the impact of overflights. The ALUC provided limited arrival and departure flight tracks in its ALUC staff report. d. Aircraft noise contours used to objectively measure noise impact already assume flight tracks and actual operating conditions for a full year including future operations. Limited information presented within the staff report packet dated June 19, 2025 of arrival flight tracks and limited information on departure flight tracks are not City Council 28 – 273 9/16/2025 Resolution No. 2025-XXX Page 20 of 20 representative of a general condition and are not substantive evidence. e. The project is located outside of the JWA single event noise exposure areas documented in the JWA General Aviation Improvement Program EIR certified on June 25, 2019. f. Heliports. Heliports are not a part of the Project. 5. Zone Change. The proposed zone change (amendment application) is consistent with the objective AELUP aircraft noise, safety and height standards and is therefore consistent with the larger planning role of the ALUC. “Close to the JWA approach centerline” is not an FAA or an ALUC standard. a. There is no substantiation that overflights of new residents would be disturbing or annoying to those new residents. The Project is located outside of the 60 dBA CNEL noise contour. As such, the Project would not add any new residential or commercial noise impacts to the JWA 65 dBA Community Noise Equivalent Level (CNEL) noise area. b. Flight tracks limited information was provided in the ALUC staff report. These flight tracks are not unique and are fully accounted for in the one year of overflights used to measure CNEL noise impacts associated with JWA GAIP EIR. c. Flight tracks limited information for arrivals and departures , are not unique and are fully accounted for in the single- event noise contours produced for the JWA GAIP EIR. The Project is located outside of these single-event noise contours. Per Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued operations of the airport. The method by which the ALUC achieves this purpose is through the application of the objective standards contained in Section 2.1 of the AELUP. As demonstrated in the ALUC staff report and, in these Findings, the Specific Plan and application for each implementing project is and will be consistent with each of the standards. As a result, the ALUC has met their duty under Section 1.2 by ensuring that the Specific Plan meets these standards. d. Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section 21674 charge the Commission to coordinate at the local level to ensure compatible land use planning. The method by which the ALUC achieves this charge is through the application of the objective standards contained in Section 2.1 of the AELUP. As demonstrated in the ALUC staff report and, in these Findings, the Project is consistent with each of the standards. As a result, the ALUC has met their duty under Section 2.1.4 and PUC Section 21674 by ensuring that the Project meets these standards. City Council 28 – 274 9/16/2025 Exhibit 6 – Final Supplemental Environmental Impact Report The Final Supplemental Environmental Impact Report (SEIR), including the Mitigation Monitoring and Reporting Program for The Village Santa Ana Specific Plan (SP-6) are available: Online on the City’s Project webpage at https://www.santa-ana.org/supplemental- environmental-impact-report-the-village-santa-ana-specific-plan/. Physically at: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Or Southwest Senior Center 2201 W. McFadden Avenue Santa Ana, CA 92704 City Council 28 – 275 9/16/2025 Exhibit 7 – The Village Santa Ana Specific Plan & Appendices The Village Santa Ana Specific Plan (SP-6) and associated appendices are available: Online on the City’s Project webpage at https://www.santa-ana.org/specific-plan-the- village-santa-ana/. Physically at: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 City Council 28 – 276 9/16/2025 RECORDED AT REQUEST OF: ) ) AND WHEN RECORDED RETURN TO: ) City of Santa Ana ) 20 Civic Center Plaza (M-30) ) Santa Ana, CA 92702 ) Attention: Clerk of the Council ) ) ______________________________________________________________________________ Exempt from filing fees pursuant to Government Code §27383 DEVELOPMENT AGREEMENT NO. 2025-01 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA ANA and SOUTH COAST PLAZA City Council 28 – 277 9/16/2025 DEVELOPMENT AGREEMENT NO. 2025-01 This Development Agreement (“Agreement”) is entered into as of this ___ day of ___________, 2025 by and between the City of Santa Ana, California (“City”) on the one hand, and South Coast Plaza, a California general partnership (“Owner” or “SCP”), on the other hand. City and Owner may be referred to in this Agreement individually as a “party” or collective as the “parties.” RECITALS A. City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code. B. This Agreement constitutes a current exercise of City’s police powers to provide predictability to SCP in the development approval process by vesting the permitted uses, density, intensity of use, timing and phasing of development, and applicable ordinances consistent with the Development Plan in exchange for SCP’s commitment to provide significant public benefits to City as set forth in Section 4 below. C. SCP has requested that City enter into this Agreement and proceedings have been taken in accordance with applicable State law and the rules and regulations of the City in furtherance thereof. D. The best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement. E. The City Council hereby finds and determines that this Agreement is of major significance because it will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. F. The provision by SCP of the public benefits as set forth in Section 4 below allows the City to realize significant economic, recreational, open space, educational, social, and other public benefits to City. These public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement. G. The physical effects, if any, of the Project and this Agreement have been analyzed pursuant to the California Environmental Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled “Village Santa Ana Specific Plan Final Supplemental Environmental Impact Report (State Clearinghouse No. XXXXX) and City of Santa Ana DP No. (“Project FEIR”). H. This Agreement and the Project are consistent with the Santa Ana General Plan. I. All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters. City Council 28 – 278 9/16/2025 J. Development of the Property in accordance with this Agreement will provide substantial benefits to City, as set forth in Section 4 below, and as stated Sections 1.4 and Appendix B of the Specific Plan and will further important policies and goals of City. K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et seq. of the Government Code are intended. L. On July 15, 2025 , the City Council held a public hearing and authorized the City’s Planning Division to draft findings and issue a determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with the Project and to provide notice of same in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics. M. On August 11, 2025, City’s Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. N. On September 16, 2025, the City Council held a public hearing introducing this Agreement and considered the Planning Commission’s recommendations and the testimony and information submitted by City staff, SCP, and members of the public. On DATE consistent with applicable provisions of State law and the rules and regulations of the City, the City Council adopted Ordinance No. NS-_______ finding this Agreement consistent with the City’s General Plan and approving and adopting this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Owner hereby agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1. Definitions. The following terms when used in this Agreement (including in the recitals above) shall be defined as follows: 1.1.1. “Assigned Rights” has the meaning set forth in Section 2.5.1 hereof. 1.1.2. “Assignment and Assumption Agreement” has the meaning set forth in Section 2.5.1 hereof. 1.1.3. “Assumed Obligations” has the meaning set forth in Section 2.5.1 hereof. 1.1.4. “Agreement” means this Development Agreement. 1.1.5. “City” means the City of Santa Ana, a charter city and California municipal corporation. City Council 28 – 279 9/16/2025 1.1.6. “City Attorney” means the City of Santa Ana City Attorney. 1.1.7. “City Council” means the duly elected city council of the City of Santa Ana. 1.1.8. “Development” means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; construction of infrastructure and other public facilities; construction of buildings and structures; installation of landscaping consistent with this Agreement. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.9. “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. 1.1.10. “Development Plan” means the plan for development of the Property pursuant to the Project Approvals as set forth in Exhibit “C.” 1.1.11. “Development Project Review Approvals” refers to the administrative review of all projects meeting the requirements of Division 3 of Article V of Chapter 41 (Zoning) of the Santa Ana Municipal Code as may be required by the Project Approvals. 1.1.12. “Discretionary Action” or “Discretionary Approval” means an action that requires the exercise of judgment, deliberation, or discretion on the part of the City, including any board, agency, commission, or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity that is defined herein as a Ministerial Permit or Ministerial Approval (i.e., Development Project Review Approvals). 1.1.13. “Effective Date” means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1.14. “Executive Director” has the meaning set forth in Section 2.5.1 hereof. 1.1.15. “Existing Land Use Regulations” means the Land Use Regulations that are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.1.16. “Existing Project Approvals” means all Project Approvals approved or issued on or before the Effective Date. 1.1.17. “Future Project Approvals” means Project Approvals for the Project that are adopted, approved, or issued after the Effective Date. City Council 28 – 280 9/16/2025 1.1.18. “Land Use Regulations” means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines, or other actions of City, including but not limited to the provisions set forth in the City’s General Plan, Municipal Code, that affect, govern, or apply to the Development of the Project and use of the Property in a manner consistent with this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative. “Land Use Regulations” does not include any City ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.19. “Owner” means the persons and entities listed as Owner on page 1 of this Agreement and their successors in interest to all or any part of the Property. 1.1.20. “Ministerial Approval,” or “Ministerial Act” means the nondiscretionary permits, plans, inspections, certificates, documents and licenses required to be taken, issued, or approved by the City in order for Owner to develop the Project, including, without limitation, building permits, grading permits, Development Project Review Approvals, and other similar permits and approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval. 1.1.21. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.22. “Project” means the development of the Property, as more specifically described in Exhibit “A” and shown on Exhibit “B,” pursuant to the Project Approvals and the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement. 1.1.23. “Project Open Space” means the approximately 7.5 acres of publicly accessible open-space areas, as defined in the Specific Plan, to be maintained by Owner. 1.1.24. “Project Phase” shall mean a portion of the development of the Property as contemplated by the Project Approvals. To avoid confusion, a “Project Phase” may include one or more Development phases and shall not be limited to any single Specific Plan Phase and may consist of a portion of a Specific Plan Phase. 1.1.25. “Project Approvals” means all site-specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, maps, permits, entitlements, approvals (including Development Project Review City Council 28 – 281 9/16/2025 Approvals), and entitlements of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include, but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site-specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. A list of the Project Approvals is set forth in Exhibit “C.” 1.1.26. “Property” means the real property described in Exhibit “A” and shown in Exhibit “B” to this Agreement. The Property is approximately 17.2 gross acres in size and is occupied by the South Coast Plaza Village commercial development as of the Effective Date. It is composed of seven parcels, Assessor Parcel Numbers (APNs): 412-131-10, 412-131-20, 412- 131-21, 412-451-01, 412-451-02, 412-451-03, and 412-451-04. 1.1.27. “Public Benefit” refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below. 1.1.28. “Reservation of Rights” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement. 1.1.29. “Specific Plan Phase” means any one of the five phases as shown on Figure 6-1 (Conceptual Phasing Plan) of the Village Santa Ana Specific Plan. 1.1.30. “Term” has the meaning ascribed thereto in Section 2.4.1 below. 1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit “A” – Legal Description of the Property Exhibit “B” – Map showing Property and its location Exhibit “C” – Development Plan and list of Project Approvals 2. GENERAL PROVISIONS. 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan, the Project Approvals, and this Agreement. This Agreement shall be recorded against the Property. 2.2. Ownership of Property. Owner represents and covenants that it is the Owner of the fee simple title to, or has an equitable interest in, the Property or a portion thereof. 2.3. City Council Findings. The City Council finds that: 2.3.1. This Agreement is consistent with the City’s General Plan. City Council 28 – 282 9/16/2025 2.3.2. This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and enhances effective utilization of resources within the City. 2.3.3. This Agreement provides public benefits beyond those that are necessary to mitigate the development of the Project, as set forth in Section 4 below. 2.3.4. This Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces costs of development and government. 2.3.5. The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement. 2.4. Term. 2.4.1. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of twenty (20) years thereafter (the “Initial Term”), unless modified or extended pursuant to the provisions of this Agreement. Together, the Initial Term and any extension under this Agreement shall constitute the “Term.” The Term, including all possible extensions, shall not exceed twenty-five-years unless this Agreement is amended to allow further extensions. Owner shall execute this Agreement which shall be recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. (a) It is anticipated that Parties will sign the Development Agreement upon approval of the Agreement by the City Council. Owner shall cause this Agreement to be timely recorded against the Property no later than ten (10) days following Owner’s receipt of the fully- executed, recordable Agreement from the City. (b) Failure of Owner to record this Agreement against the Property within ten (10) days following the receipt of the fully-executed, recordable Agreement from the City shall constitute an event of default by Owner under this Agreement. 2.4.2. The Initial Term of this Agreement shall be automatically extended by up to five (5) years if Owner achieves the following milestones: construction has commenced on: (i) no less than 50,000 square feet of commercial/retail floor area; and (ii) 360 residential dwelling units. 2.4.3. If Owner fails to satisfy the prerequisites to securing the automatic extension, the City Council may nonetheless elect, in its sole discretion, to grant one or more extensions if Owner provides the City with a plan that includes a Development timeline and specific Development milestones. 2.4.4. When the Term ends, Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid City any Development Impact Fee. 2.4.5. If any party other than Owner initiates litigation that challenges the Project, this Agreement (and/or the ordinance approving this Agreement), or any of the Existing Project Approvals, the Owner will have the right to toll commencement of the Term, except for the duty City Council 28 – 283 9/16/2025 to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under this Agreement during the period of such litigation. The tolling shall commence upon receipt by the City of written notice from Owner invoking this right to tolling. The tolling shall terminate when the action, including any appeal, is finally resolved, whether by entry of a final, non-appealable judgment that upholds the Project and the Existing Project Approvals or voluntary or involuntary dismissal of the entire action (and the passage of time required to appeal an involuntary dismissal) by the moving party. Owner shall similarly have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under the Agreement in the event a referendum petition challenging the Project, the ordinance approving this Agreement, or any of the Project Approvals is submitted to the City Clerk. The tolling shall terminate if and when: (1) the City Clerk determines the referendum petition did not receive sufficient signatures to qualify for the ballot; or (2) the election results of the referendum uphold the Project and the Existing Project Approvals and are certified by the City Council. This Agreement shall be null and of no further force and effect in the event that the City Council rescinds the challenged action. 2.5. Assignment. 2.5.1. Right to Sell, Transfer, or Assign. Owner shall have the right, from time to time, to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm, limited liability company, or corporation and, in connection therewith, to assign its rights under this Agreement, in whole or in part, to said person, partnership, joint venture, firm, limited liability company (collectively, the “Assigned Rights”) at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement that pertain to the Project Phase[s] that is the subject of such transfer, and be made in compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement (in whole or in part) shall be made unless made together with the transfer of all or a part of the Property, to which such rights or interests apply. (b) In connection with any such assignment of an Owner’s rights and obligations under this Agreement (in whole or in part), Owner shall notify City in writing at least sixty (60 days) in advance of any sale, transfer or assignment and shall provide City with a draft assignment and assumption agreement (“Assignment and Assumption Agreement”), in a form reasonably satisfactory to City, to be entered into by Owner, such assignee, and the City, pursuant to the terms of which such assignee shall expressly and unconditionally assume those duties, obligations, agreements, covenants, and waivers of Owner under this Agreement that are applicable to the Project Phase that is the subject of the portion of the Property, as applicable, being transferred, including, without limitation, the covenants not to sue and waivers contained in Sections 7.3.1 and 9.5.1 hereof (collectively, the “Assumed Obligations”). Notwithstanding the failure of any assignee to execute the Assignment and Assumption Agreement, as required by Section 2.5.1(b) above, the burdens of this Agreement (as they relate to the Project Phase that is the subject of the Property being transferred) shall be binding upon such transferee, but the City Council 28 – 284 9/16/2025 benefits of this Agreement shall not inure to such transferee unless the Assignment and Assumption Agreement is executed. (c) The Executive Director for the Planning and Building Agency (the “Executive Director”) shall have the administrative authority to approve of the Assignment and Assumption Agreement and to determine whether Owner has complied with the above conditions, which approval and determination shall not be unreasonably withheld or conditioned. The Executive Director shall use best efforts to approve of the Assignment and Assumption Agreement and to determine whether the Owner has complied with the above conditions within five (5) business days following receipt of Owner’s written request. The Executive Director’s failure to approve or disapprove the foregoing within thirty (30) days following the Executive Directors receipt of Owner’s written request shall constitute City’s approval of the same. 2.5.2. No Release of Transferring Owner. Notwithstanding any sale, transfer or assignment as provided in any Assignment and Assumption Agreement delivered in accordance with the provisions of Section 2.5.1 above, a transferring Owner shall continue to be obligated to comply with all of the terms and conditions set forth in this Agreement (and such transferring Owner shall not be released from any of such obligations) with respect to the transferred Property, or any transferred portion thereof, as applicable, and following any such transfer the transferring Owner and the transferee under the Assignment and Assumption Agreement shall be jointly and severally liable with respect to all of the obligations assumed by such transferee under such Assignment and Assumption Agreement. 2.6. Administrative Changes and Modifications. 2.6.1. Owner and City acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, the Project Approvals, the Existing Land Use Regulations, and, once issued, any Future Project Approvals. 2.6.2. If and when the parties find that “Substantially Conforming Changes,” as herein defined, are necessary, desirable or appropriate, they may, unless otherwise required by law, effectuate such changes or adjustments through an administrative operating memorandum that is executed by Owner and the Executive Director of the City’s Planning and Building Agency or the Director’s designee. As used herein, a “Substantially Conforming Change” is a minor change, modification, or adjustment that is deemed to be in substantial conformance with the Development Plan at the City’s sole and absolute discretion. The following are excluded from the definition of “Substantially Conforming Changes”: (1) changes to the In-Lieu Fee; and (2) changes to the Project Open Space. A Substantially Conforming Change is not considered an amendment to this Agreement or to Development Plan and so does not require prior notice or hearing by the Planning Commission or City Council. 2.7. Amendment or Cancellation of Agreement. Except for Substantially Conforming Changes as defined by Section 2.6.2 above, this Agreement may be amended or modified from time to time only with the written consent of Owner and the City or their successors and assigns, and only upon approval of an amendment by the City Council after a public hearing in accordance with Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement. City Council 28 – 285 9/16/2025 2.8. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.8.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4, including any extension(s). 2.8.2. Entry of a final judgment by a court of competent jurisdiction setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement and/or any Project Approvals as set forth in Exhibit C. 2.8.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement and/or any Project Approvals. In the event a referendum petition challenging the ordinance approving this Agreement and/or any Project Approvals is submitted to the City Clerk, Owner shall deposit with the City Ten Thousand Dollars ($10,000) (“Petition Deposit”) to cover the actual cost incurred by the City examining the petition and verifying signatures. Should the referendum qualify for the ballot, Owner may request, at or prior to the Council meeting at which the Council will take up the referendum issue, that the City Council repeal the ordinance and/or any Project Approvals rather than submitting it to the voters. If Owner does not request that the City Council repeal the ordinance and/or any Project Approvals and the City Council submits the referendum to the voters, Owner shall deposit Fifty Thousand Dollars ($50,000) (“Referendum Deposit”) with the City. City may use the Referendum Deposit to pay any and all costs associated with the said referendum measure (e.g., legal fees for outside counsel). Any funds remaining in the Petition Deposit may be put toward the Referendum Deposit at the Owner’s request. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Owner shall, within three (3) business days of receiving notice from the City, deposit with the City Twenty-Five Thousand Dollars ($25,000) as requested by the City to cover necessary costs and expenses associated with the referendum and holding the related election. Following certification of the election results, any funds remaining in the Petition Deposit or the Referendum Deposit account shall be returned to the Owner within thirty (30) days of certification of the election results. In the event Owner requests that the City Council repeal the ordinance and the City Council nonetheless determines to submit the ordinance to the voters, Owner shall have no financial responsibility for the costs associated with holding the election, including any obligation to make a Referendum Deposit. 2.8.4. Completion of the Project in accordance with the terms of this Agreement, which is hereby defined to be: (i) issuance by the City of all required occupancy permits and final approvals for occupancy for the Project’s 1,583 multi-family residential units, 80,000 square feet of commercial uses, and 300,000 square feet of office space. (ii) acceptance by City or applicable public agency of all required dedications in connection with same; and (iii) written notification by City to Owner that the Project is complete. 2.8.5. Termination of the Agreement as provided under this Agreement, including but not limited to Section 7.4 herein, shall not constitute termination of any other Project Approvals. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by Owner to City on which construction has not yet begun shall be refunded to Owner by City. City Council 28 – 286 9/16/2025 2.9. Notices. 2.9.1. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 2.9.2. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows: If to City: City Clerk 20 Civic Center Plaza, 8th Floor PO Box 1988 M-30 Santa Ana, Ca 82702 Copies to: City Manager City Attorney Executive Director of Planning and Building Agency If to Owner: Justin McCusker C.J. Segerstrom and Sons 3315 Fairview Road Costa Mesa, CA 92626 McCuskerJ@southcoastplaza.com Copies to: Spencer Kallick Allen, Matkins, Leck, Gamble, Mallory, & Natsis, LLP 1901 Avenue of the Stars Suite 1800 Los Angeles, CA 90067 skallick@allenmatkins.com 2.9.3. Either party may, by written notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. City Council 28 – 287 9/16/2025 3. DEVELOPMENT OF THE PROPERTY. 3.1. Rights to Develop. Subject to the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement, and the Project Approvals, and the Development Plan for the duration of the Term. Owner may proceed with demolition permits prior to pulling building permits provided Owner has provided proof of financing for that portion of the Project that demolition permits are being sought for. From the commencement of demolition until issuance of the Certificate of Occupancy, Owner shall ensure that the Property is secured and that all construction walls are maintained in a good condition and repair with no graffiti. 3.1.1. Except as expressly provided otherwise herein, the Project shall remain subject to all Existing Land Use Regulations and Project Approvals for the Term. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code Section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals. 3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of this Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the Project requires additional Project Approvals (the Future Project Approvals identified in Section 1.1.17). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes; however, the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval. 3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, the rules, regulations and official policies governing, inter alia, permitted uses and Development of the Property, the density and intensity of use and of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property, shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequent Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion as set forth in Section 3.3.2. 3.2.1. City shall reasonably strive to complete: (a) its initial review of individual development projects within 30 days after the application is deemed complete, City Council 28 – 288 9/16/2025 (b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission. 3.2.2. Notwithstanding the foregoing, the City does not guarantee that the timelines above will be met, and failure to meet these timelines does not constitute a default. 3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects. 3.3. Reservation of Rights. 3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations, but shall apply to the development of the Property as they are in effect at the time of application for Development Project Review Approvals, provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only, to the Project and/or Property: (a) Processing fees and charges of every kind and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such procedural regulations do not conflict with the Project Approvals. (c) Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the maximum extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. For avoidance of doubt, any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to Development of the Property. City Council 28 – 289 9/16/2025 (g) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City. 3.3.2. Subsequent Project Approvals. This Agreement shall not prevent City from exercising its rights under Government Code Section 65866 when acting on subsequent Project Approvals provided that such City actions do not materially conflict with this Agreement, the Development Plan, the Existing Land Use Regulations, and/or the Project Approvals. 3.3.3. Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement’s express terms so restricted. 3.4. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 3.5. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the parties to provide for the timing of the Project in this Agreement. To do so, the parties acknowledge and provide that Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment, except for the following: 3.5.1. No building permits for residential units shall be issued in excess of 360 residential units unless and until Owner obtains building permits for at least 50,000 square feet of commercial development. Owner may construct commercial square footage beyond 50,000 square feet if and when such additional commercial development is supported by market conditions, as determined by Owner in its sole discretion. Owner understands that commercial development is a priority to the City and agrees to exercise its discretion in good faith. City Council 28 – 290 9/16/2025 3.6. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law, no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.7. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control. 4. PUBLIC AND COMMUNITY SAFETY BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City’s General Plan vision for the Property, which has long been designated as a District Center where intense mixed-use development is encouraged. In addition, Owner has committed by this Agreement to contribute the public and community safety benefits, as provided below. 4.2. Community Benefits. 4.2.1. Project Community Benefit Package. The Project will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. In addition, Owner has agreed to provide the City with a Nine Million Three Hundred Thousand dollar ($9,300,000) payment (“Community Benefit Payment”), which Community Benefit Payment shall be allocated at the City’s sole discretion. The Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) Two Million Five Hundred Thousand dollars ($2,500,000) prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project’s first Specific Plan Phase (“Community Benefit Payment No. 1”); (2) Three Million Six Hundred Thousand dollars ($3,600,000) concurrent with the issuance of the first building permit in furtherance of the Project’s second Specific Plan Phase (“Community Benefit Payment No. 2”); (3) One Million Three Hundred Thousand dollars ($1,300,000) concurrent with the issuance of the first building permit in furtherance of the Project’s third Specific Plan Phase (“Community Benefit Payment No. 3”); and (4) One Million Nine Hundred Thousand dollars ($1,900,000) concurrent with the issuance of the first building permit in furtherance of the Project’s fourth Specific Plan Phase (“Community Benefit Payment No. 4”). If the City has not received Community Benefit Payment No. 2 on or before the date that is 36 months and one day from the issuance of the Certificate of Occupancy for the first Specific Plan Phase, then Community Benefit Payment No. 2 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. If the City has not received Community Benefit Payment No. 3 on or before the date that is 36 months and one day from the issuance of the Certificate of Occupancy for the second Specific Plan Phase, then Community Benefit No. 3 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. If the City has not received Community Benefit Payment No. 4 on or before the date that is 36 City Council 28 – 291 9/16/2025 months and one date from the issuance of the Certificate of Occupancy for the third Specific Plan Phase, then Community Benefit No. 4 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Developer may commence construction of the Specific Plan Phases in any order. Notwithstanding the Specific Plan Phase order, Community Benefit Payment No. 1 shall be paid prior to or concurrent with the issuance of the first demolition permit in furtherance of any Specific Plan Phase. 4.2.2. Project Open Space. In accordance with the Specific Plan, Owner shall construct, own, and maintain the Project Open Space. (a) Owner shall design the Project Open Space to promote biodiversity, extend thermal comfort, and to promote biophilic design, health, and wellness. (b) Owner shall provide a total minimum of two (2) free on-site events per year for the general public (e.g., concerts or farmers markets) including programming on sustainability and wellness, subject to Force Majeure events, as follows: a minimum of two (2) free events per year shall be provided commencing one year after the completion of Specific Plan Phase One as set forth in section 6.3.10 of the Specific Plan. Owner’s obligation under this Section shall terminate after 25 years after the commencement of the first free on-site event or upon termination of this Agreement whichever occurs later. (c) Owner shall record one or more open space easements against the Property for the benefit of the City concurrent with the recordation of the subdivision maps that implement a given Project Phase or Development phase, as contemplated by the Project Approvals. (d) City shall provide Owner a credit against its park and open space fee obligations (e.g., Park Acquisition and Development Fee) for the hard and soft cost of all land, improvements, construction, operation, and maintenance associated with the Project Open Space. In the event the Project Open Space is less than 7.5 acres, Owner must satisfy any required park and recreation fees or other obligations (including those specified in Chapter 35, Article IV of the Santa Ana Municipal Code) for the amount of the acreage shortfall as calculated by the City. 4.2.3. Construction Standards. (a) Leadership in Energy and Environmental Design (LEED). The Project shall be constructed to a minimum LEED Silver standard, as established by the U.S. Green Building Council. (b) Water Conservation. The Project shall include high-efficiency irrigation, native drought-tolerant plantings, low-flow plumbing fixtures, and Energy Star equipment and appliances. (c) Electric Vehicle (“EV”) Parking. No less than 5% of all structured parking stalls in the Project shall be equipped with EV chargers. No less than 10% of all parking stalls located within the parking structures shall be EV ready with sufficient electrical infrastructure to enable the future installation of EV conduit and chargers. City Council 28 – 292 9/16/2025 (d) Signage Program. Owner shall implement a signage program to promote mass transit, provide ride-share infrastructure & bike/e-mobility facilities. (e) Electrical Appliances: All individual residential units within the Project shall utilize electric or induction stoves, ovens, and clothing dryers. This obligation shall not apply to commercial, common area, or other non-residential uses. (f) Photovoltaic Panels: The Project shall incorporate photovoltaic panels on all residential components of the Project 5. HOUSING OPPORTUNITY ORDINANCE COMPLIANCE. 5.1. Owner Exemption. During the Term of this Agreement, as such Term may be extended, Consistent with Santa Ana Municipal Code Section 41-1903(a), Owner is exempt from Santa Ana Municipal Code Article XVIII.I inclusionary housing requirements (i.e., the Affordable Housing and Opportunity Ordinance) because Owner is entering into this Agreement. In lieu of compliance with Article XVIII.I, Owner commits to the In-Lieu Fee as set forth in Section 5.1.1, below, which may be paid at the time of building permit issuance for each market rate residential unit contemplated by a given building permit or in the aggregate, at Owner’s sole discretion. In- Lieu fees paid in excess of the requirements for a particular building permit may be accrued and used by Owner to satisfy future in lieu fee requirements. Upon expiration or termination of this Agreement, Owner shall be subject to Santa Ana Municipal Code Article XVIII.I for any unit that has not received a Certificate of Occupancy. 5.1.1. In-Lieu Fee. Owner shall make an in-lieu fee payment at the time of building permit issuance for each market rate residential unit contemplated by the building permit equal to five dollars ($5.00) per habitable square foot of each market rate residential unit. 6. REVIEW FOR COMPLIANCE. 6.1. Periodic Review. 6.1.1. The City shall review this Agreement annually, on or before DATE , and annually thereafter until the expiration of this Agreement, in order to ascertain the compliance by Owner with the terms of this Agreement (“Annual Review”). Owner shall timely submit an Annual Monitoring Report, in a form acceptable to the City Manager on or before the first anniversary of the Effective Date and annually thereafter until the expiration of this Agreement. If the Annual Review is not submitted within thirty (30) days after written notice from the City Manager, then Owner shall be in breach of this Agreement. The failure of the City to conduct the Annual Review shall not constitute a default by Owner. The Annual Monitoring Report shall be accompanied by an “Annual Review and Administration Fee” sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the Annual Review and Administration Fee” shall be set annually by resolution of the City Council. 6.1.2. The Annual Review shall include a progress report on the status of the implementation of the Project and the new tax revenue generated by the Project, including, but not limited to, the following: City Council 28 – 293 9/16/2025 (a) Development and construction progress of the following uses and Project components: (i) Site development (ii) Public infrastructure, (iii) Project design features, (iv) Community benefits, (v) Plaza, (vi) Residential, (vii) Commercial, (viii) Office (ix) Parking (x) Philanthropic activities (education, culture, arts) (b) Reporting for items listed in Section 6.1.2(a) shall be include a table substantially similar to the following: An example of a compliance report for site development and can be applied to other above criteria and metrics. Reporting Period: 2026 – 1st Report Year 1 of 20 of Agreement Use Approved SF/Units/Rooms Total Completed In Period Cumulative Total Completed Remaining to Be Completed Status & Look Ahead Residential 1,583 100 200 1,383 On target with 300 to be completed in the next period Commercial New Retail Office 380,000 80,000 300,000 150,000 50,000 100,000 150,000 50,000 100,000 230,000 30,000 200,000 150k completed for Tenant X. 20-Year lease. Negotiating with Tenant Y for a 15 year lease. (c) Progress relative to economic projections of: (i) Increases in property tax, (ii) Property Tax In-Lieu of VLF received by the City, (iii) Sales tax received from the Project, (iv) Business tax received from the Project, City Council 28 – 294 9/16/2025 (v) Utility User Tax received from the Project, (d) Reporting for items listed in Section 6.1.2(c) shall be include a table, prepared by Owner with City’s cooperation, substantially similar to the following: Reporting Period: 2026 – _____ Year 1 of 20 of Agreement Revenue Total for Period Cumulative to date Percentage increase over 2018 Base Year Status & Look Ahead Property Tax Property Tax In-Lieu of VLF Sales Tax Business Tax Franchise Tax UUT 6.2. Special Review. The City Council may order a special review of compliance with this Agreement at any time commencing one year following the issuance of the Project’s first building permit, but not more than once during any 12-month period. The City Manager, or his or her designee, shall conduct such special reviews. 6.3. Review Procedure. 6.3.1. During either an Annual Review or a special review, Owner shall be required to demonstrate good-faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Owner. 6.3.2. Upon completion of an Annual Review or a special review, the City Manager, or the City Manager’s designee, shall submit a receive and file report to the Planning Commission if he or she finds that Owner is in good-faith compliance with the terms of this Agreement. If the City Manager, or the City Manager’s designee, finds on the basis of reasonable evidence that Owner is not in good-faith compliance with the terms of this Agreement, he or she shall set the matter for hearing before the Planning Commission and shall submit a report setting forth said evidence concerning compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. 6.3.3. If the Planning Commission finds on the basis of substantial evidence that Owner is in good-faith compliance with the terms of this Agreement, it shall confirm same and formally conclude the review by resolution. If the Planning Commission finds and determines on City Council 28 – 295 9/16/2025 the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement: (a) The Planning Commission shall provide written notice to Owner of such findings setting forth the nature of the problem and the actions, if any, required of Owner to cure such problem. (b) If the problem can be cured and Owner fails to take such actions and cure such problem within sixty (60) days after of the effective date of the Planning Commission’s notice or, in the event that such problem cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such sixty (60) day period and to diligently proceed to complete such actions and cure such problem, then the Planning Commission may recommend to the City Council modification or termination of this Agreement. (c) Owner may appeal a Planning Commission determination pursuant to this Section 6.3.3 pursuant to City’s rules for consideration of appeals in zoning matters then in effect. If a Planning Commission determination is appealed, any cure ordered by the Planning Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4. Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, City determines to proceed with modification or termination of this Agreement, City shall give written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: 6.4.1. The time and place of the hearing; 6.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and, 6.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding. 6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good-faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final. 6.6. Certificate of Agreement Compliance. 6.6.1. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council 28 – 296 9/16/2025 City Council 28 – 297 9/16/2025 Owner’s Initials 7.2.2. Except for specific performance, City, for itself, its successors and assignees, hereby releases Owner, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. City hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, City hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ City’s Initials 7.3. Termination or Modification of Agreement for Default of an Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, City may terminate or modify this Agreement pursuant to this Section 7.3 only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 7.3.1. No Cross Default. Parties agree and acknowledges that, notwithstanding anything stated to the contrary in this Agreement: (a) the failure of SCP to comply with or satisfy any of SCP’s obligations under this Agreement shall not limit or impair a transferee’s rights and benefits under this Agreement with respect to its Assigned Rights (as they apply to the Project Phase owned by such transferee) under Section 2.5.1 of this Agreement and (b) the failure of any transferee to satisfy such transferee’s Assumed Obligations as provided for under Section 2.5.1 of this Agreement shall not, as to the Project Phase to which those Assumed Obligations apply, limit or impair any of the Assigned Rights of any other transferee as to the Project Phase owned by such other transferee. 7.4. Voluntary Termination of Agreement by SCP. In the event SCP determines, in its sole discretion, prior to issuance of the first demolition permit implementing the first Specific Plan Phase, that it no longer wishes to proceed with the Project pursuant to the terms of this Agreement, SCP may terminate this Agreement by providing the City with 30 days written notice. Notwithstanding this or other provisions herein, SCP’s indemnity and defense obligations shall survive such termination for the later of twelve (12) months or expiration of the statute of City Council 28 – 298 9/16/2025 limitations on any and all potential causes of action against the City as set forth in Section 8 of this Agreement. 7.5. Notice and Cure Rights. Notwithstanding anything stated to the contrary in this Agreement, City shall have no right to terminate any of the rights of any Owner under this Agreement unless such Owner has failed to cure any default under this Agreement giving rise to any such termination right within the cure periods expressly provided for above in this Section 7. 8. LITIGATION 8.1. Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, any document prepared for the Project in compliance with the California Environmental Quality Act, or the approval of any permit or entitlement granted pursuant to this Agreement for the Project. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1 no later than fourteen (14) business days and City’s receipt of service of process and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination as required by this Section, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City as to that claim, action, proceeding, or determination. City may in its discretion participate in the defense. 8.2. Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense. 8.3. Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, conditioned, or delayed; or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor. 8.4. Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. City Council 28 – 299 9/16/2025 8.5. Survival. The provisions of Sections 8.1 and 8.2 shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. 9.1. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. In furtherance of the foregoing, and notwithstanding anything stated to the contrary in this Agreement, any Mortgagee of the Property shall be entitled to the following rights and privileges: 9.1.1. Default under Agreement Does Not Impair Lien of any Mortgage. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. 9.1.2. Request for Notices of Default by Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the applicable Owner in the performance of such Owner’s obligations under this Agreement. 9.1.3. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 9.1.4. Lender Protection Provisions. (a) Notices to Mortgagees; Mortgagee’s Right to Cure. (i) Notices to Mortgagees. City shall send to each Mortgagee which has provided City written notice of its name and address, in the manner provided by Section 9.1 above, a true, correct and complete copy of any written notice sent to Owner of a default by Owner under this Agreement at the same time as and whenever any such notice of default shall be given by City to Owner, addressed to such Mortgagee at the address last furnished to City by such Mortgagee. Owner irrevocably directs that City accept, and City agrees to accept, performance and compliance by any such Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Owner’s, part to be kept, observed or performed hereunder with the same force and effect as though kept, observed or performed by Owner provided that such performance and/or compliance is made in accordance with the provisions of Section 10.1.4 below. City Council 28 – 300 9/16/2025 (ii) Mortgagee’s Right to Cure. Notwithstanding anything stated to the contrary in this Agreement, this Agreement shall not be terminated as to any Project Phase because of a default or breach hereunder on the part of Owner until and unless: (1) written notice of any such default or breach has been delivered to Mortgagee in accordance with the provisions of Section 9.1.4(a)(i) above, (2) with respect to a default or breach that is curable solely by the payment of money, Mortgagee, Owner have failed to cure such default or breach within thirty (30) days following the expiration of any of Owner’s notice and cure periods set forth herein, and (3) with respect to a default or breach that is not curable solely by the payment of money, Mortgagee, Owner have failed to cure such default or breach within ninety (90) days following the expiration of any of Owner’s notice and cure periods set forth herein or, if such default or breach is curable but cannot be cured within such time period, (i) Mortgagee has failed to notify City within such ninety (90) day time period that Mortgagee intends to cure such default or breach, (ii) Mortgagee fails to commence to cure such default or breach within such ninety (90) day period, or (iii) Mortgagee fails to diligently prosecute such cure to completion. It is expressly understood and agreed that no Mortgagee shall have any obligation hereunder to cure or complete any cure of any breach or default by Owner hereunder. (b) Permitted Transfers to Mortgagee. (i) Notwithstanding anything stated to the contrary in this Agreement, the following transfers shall be permitted and shall not require the approval or consent of City: (1) A transfer of the Property (and the concurrent transfer of the Owner’s rights under this Agreement with respect to the Project Phase provided the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase), at a foreclosure sale under a Mortgage, whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or (2) Any subsequent transfer by a Mortgagee (or its nominee or designee if the Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure) with respect to the Property, and the concurrent transfer of the Owner’s rights under this Agreement with respect to the Project Phase that is transferred, provided that the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase. (ii) Any transferee arising from any transfer permitted above shall be liable to perform the obligations of Owner, as applicable, under this Agreement only so long as such transferee holds title to the Property, provided that upon any such conveyance of title, such transferee's transferee expressly assumes and agrees to perform all of the obligations of this Agreement first arising after the date of such conveyance to the extent applicable to the Project Phase. (iii) Following the transfer, if any, described in Section 9.1.4(b)(i) above, all non-curable defaults existing under this Agreement prior to such transfer shall be deemed waived without further notice or action of any party. City Council 28 – 301 9/16/2025 (c) Rights of Mezzanine Lender. Any lender that makes a loan to Owner or to any entity holding an interest in Owner, direct or indirect, that is secured by a pledge of equity interests in Owner, direct or indirect, shall be entitled to all of the rights and remedies under this Section 9.1.4 that are afforded to a Mortgagee under this Agreement, (i) provided that Owner shall have provided to City written notice setting forth the name and address of any such lender, and (ii) except that such rights and remedies shall be subject and subordinate to the rights of any Mortgagee, and shall not impair any of the rights and remedies afforded any Mortgagee, hereunder. 9.1.5. Obligations of Mortgagee Under Agreement. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property as applicable, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council against the Property within ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall cause notice of such action recorded with the Orange County Recorder, and in connection with any termination of this Agreement, in such form or by such recordable instrument, that will allow a reputable title company to remove the Agreement as an exception to title of the Property (a “Termination Release”). 10.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. City Council 28 – 302 9/16/2025 10.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, with venue in Orange County. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6. Singular and Plural. As used herein, the singular of any word includes the plural. 10.7. Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot that has been finally subdivided and sold to such owner as a member of the general public shall have any obligation under this Agreement except as expressly provided for herein. 10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns, and no other person shall have any right of action based upon any provision of this Agreement. 10.11. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor (including as a result of freight embargos); (3) inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) fire or other casualty; (7) shortage of fuel, electricity or natural gas; (8) action or nonaction of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction of such governmental authorities including government shutdown for a period of time of one (1) week or more; (9) criminal acts or acts of terrorism; or (10) pandemic or government imposed quarantine (11) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of such Party, or other causes beyond the Party’s reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event , provided that the Term of this Agreement shall not be extended pursuant to this section for more than five (5) years. 10.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. City Council 28 – 303 9/16/2025 10.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independen t contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 10.17. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 10.19. Agent for Service of Process. In the event any Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. City Council 28 – 304 9/16/2025 10.20. Certificate of Compliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty (30) days of receipt of the written request therefor. 10.21. Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder. [Signatures on following pages] City Council 28 – 305 9/16/2025 City Council 28 – 306 9/16/2025 City Attorney Dated: _______________ City Council 28 – 307 9/16/2025 City Council 28 – 308 9/16/2025 EXHIBIT “A” (Legal Description of the Property) City Council 28 – 309 9/16/2025 EXHIBIT “B” (Map of the Property) City Council 28 – 310 9/16/2025 EXHIBIT “C” Development Plan and list of Project Approvals Development Plans and entitlement applications as presented in the City Staff Report Dated _______ are incorporated herein by reference. Project Approvals include, but may not be limited to, the following entitlements: 1. The Final Supplemental Environmental Impact Report entitled “Village Santa Ana Specific Plan Final Supplemental Environmental Impact Report” State Clearinghouse House No. XXXXX and City of Santa Ana Development Project No.XXXX-XX(“Project FEIR”), which tiers off the GPU FEIR (SCH# 2020029087) that was certified by the City on April 19, 2022. 2. The “ Village Santa Ana” Specific Plan, dated April 2025, adopted by the City Council on DATE, by way of Ord. No. XX-XXXX. 3. The Vesting Tentative Tract Map, dated XXXX, adopted by Resolution No. XXXX. 4. The Zoning Map Amendment, adopted by the City Council on Date, by way of Ord. No. XX- XXXX. City Council 28 – 311 9/16/2025 City Council 28 – 312 9/16/2025 City Council 28 – 313 9/16/2025 City Council 28 – 314 9/16/2025 City Council 28 – 315 9/16/2025 City Council 28 – 316 9/16/2025 Exhibit 10 – Sunshine Ordinance Meeting Materials The Village Santa Ana Specific Plan (SP-6) Sunshine Ordinance community meeting materials can be found online on the City’s Project webpage at https://www.santa- ana.org/the-village-santa-ana-specific-plan/. City Council 28 – 317 9/16/2025 The Village Santa Ana Specific Plan Project Responses to Comments Submitted to Planning Commission August 2025 City Council 28 – 318 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 1 RESPONSES TO COMMENTS This document provides responses to the written comments received by the City of Santa Ana’s Planning Commission in advance of the public hearing on August 11, 2025 for the proposed Village Santa Ana Specific Plan Project. Comment letters and specific comments are numbered for reference purposes. Table 1 provides a list of individuals that submitted comments. The comment letters received and responses to those comments are provided on the following pages. Table 1: List of Commenters for the Village Santa Ana Specific Plan Project Letter Number Commenters Date I1 Peter Cripps July 25, 2025 I2 Rene German August 6, 2025 I3 Carlos Castellanos August 6, 2025 I4 Audri Sandoval Gomez, PhD August 8, 2025 I5 Dr. Bruce R. Weber August 8, 2025 I6 Erica and Jose Pedraza August 8, 2025 I7 Janelle McLoughlin August 9, 2025 I8 Janelle McLoughlin August 9, 2025 I9 Janelle McLoughlin August 9, 2025 I10 Michael Hanson, M.Ed. August 10, 2025 I11 Chris and Catey Reese August 11, 2025 I12 Monica Daneshrad August 11, 2025 I13 Luz Suazo August 11, 2025 I14 Long Nguyen August 11, 2025 I15 Susana Guzman August 11, 2025 I16 Teri Brissae August 11, 2025 City Council 28 – 319 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 2 Individual I1: Peter Cripps, dated July 25, 2025 (1 page) from :: Sent· To :: Subject: f •o lllow Up fag: fllag Status :: Pete r Cripps. f ri'da y, Ju &y 25 , 2025-2:31 1PM eC om ments, IPBA Th e Vi'll age bu ild ing p roj ect South Coast ,o l low up r I1ag g ed Attention: Thi!; email originated from outside of City of Santa Ana. Use caution \\<hen openmg attachments or links_ To : Gema Zapien I am opposed to the Village proj ect to be built between Plaza Dr. and Bear St. and north of Sunflower. Fifteeni lmndfed residential muts are way too many. The h'aflic on MacArthur and Bristol is aheady bad enough 11-1 due to the proximi.fy of the Performing Arts Center, South Coast Plaz..-:i and numeroru res idential areas whioh already generate a lot of no ise and traffic.. I lirve at 1601 \\ . Mac.Arthur (Aspens apts.) I ay ]eave the land and shopping area as . it is . Thank You , Peter Cripps 160 1 \\. MacArthur Blvd. - Santa Ana 92704 City Council 28 – 320 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 3 Response to Comment Letter I1: Peter Cripps, dated July 25, 2025 Response I1-1: The commenter expresses opposition to the project and their opinion that the amount of residential units is too many. The commenter states that MacArthur Boulevard and Bristol Street already experiences bad traffic and increased noise. The noise and transportation impacts of the proposed project have been studied in the Supplemental Environmental Impact Report (EIR) which determined that the proposed project would have less than significant impacts to noise and transportation. The commenter is directed to Sections 4.9, Noise and 4.13, Transportation of the Draft Supplemental EIR for a detailed discussion of the impact evaluations for noise and transportation. Additionally, the commenters’ concerns will be forwarded to the City’s decision makers for their consideration. City Council 28 – 321 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 4 Individual I2: Rene German, dated August 6, 2025 (2 pages) From :: Sent:: To :: Subject: Att,ichme nts: f olllow Up fllag: f'llag s.tatus: IR en e German W ed nesda y, Au g ust 6, 20 25 11:21 AM eCo m ments, PBA Seg erst ro m Letter o,f su pp o,lit Sa nta -A na-Yo uth -Sp orts . pdf IFo l low u p Co mp leted .-\ttenlion: ThB email orig:ina~ from outside of City of Santa Ana. U :;e caution \\<hen openmg attachments or links_ Dear Commissioner:s , Attached is my letter of iUlpport for the Serget'S trom F amily . Af] the best , R:en e Geanan 12-1 City Council 28 – 322 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 5 Dear Cormmssioners, We Me \'l>'li.ting on ibehalf of the B[ue &my Footiball 7V7 to express our gratitude to the S:egerstrom Fai.nily for them lill\'ll"aVering support of youl:h sports in our great city. Their contributions have not only provided. our players vi.r:ith the necessaiy safeity equirp1nent but have also fostered a sense of conununility pride and teamwork that extends beyond the field . (h,er the years, their generosity has supplied several team irn the various leagues ,vas .a pc1.11 of\vith the proper goor, improved our playing :facilities, and ensured tlhat financial barriers do not prevent childllren from partidpating. They consistently step up vi.•hen help 112 _2 l!S needed, not for recognition but because they care deeply ahout the young athletes w:ho call Santa Ana home. The Segerstmm family ils more than just a support el".' they are our neigh!bor, a trusted partner, and an mtegral member of our community. They are Fi\.MJLYI Their actions speak '\lulumes about theirr dedication to improiVing the lives oflocal youth, and we a.re profoundly grateful. Thank you for allm,ring us the opportunity to expr,ess our .appreciation for their remarkable oontributions. 'With gratitude, Rene Gennru1 Blue Arni) Football 7'7 Forme1:, ice President -Santa Ana Pony BasebaH Forme:1: ice Presidell!t -Santa Ana Pop \Va1rne:1: Football & Cbeei· City Council 28 – 323 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 6 Individual I2: Rene German, dated August 6, 2025 Response I2-1: This comment is the email transmittal of the commenter’s comment letter. No further response is required. Response I2-2: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 324 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 7 Individual I3: Carlos Castellanos, dated August 8, 2025 (2 pages) From :: 'Sent:: To :: Subject: AUac hm e 111ts: eC omments, PBA Th.:rn k y o u Lette r -Segemro m Fam i ly 2025 -08.06 Sa m:a1-A.na1-ll'onry -lBasel:>a ll CC.pdf .\ttention: Thi:; email originated from outside of City of Santa Ana _ {; :;e caution when opemng attachment or links_ Good afte rn oo n Q t y Co mmiiSs ioners, On b ehalfoff SANTA ANA PON Y 13ASEBAU, please find he attaohed lletter. Please l1et me know irf yo u have .a ny ,ques t io ns. Th ank you,. Ca rlos Caste ll anos Vi oe Preside nt !Fa oill iti ies. Sa nt.a .A a Po ny Baseba lll 113-11 City Council 28 – 325 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 8 Response to Comment Letter I3: Carlos Castellanos, dated August 8, 2025 Response I3-1: This comment is the email transmittal of the commenter’s comment letter. No further response is required. Response I3-2: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 326 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 9 Individual I4: Audri Sandoval Gomez, PhD, dated August 8, 2025 (1 page) From:: Sent:: To :: Cc: ·subject: Go m ez, Aud ri Friday, Aug us1t 8,, 2025 1 0:02 AM eC omments, PBA mari ce @mamsenisus .com Su p polt for Sege rstrom Fam ity Attention: Thi, email originated from out:.Jde of City of Santa Ana. -:;e caution when opemng attachment:; or links. To whom it may con oern, As a parent ofooth a cru:rent 7th grader and a recent graduate of Santiago Elementary Schoo] I warn to extend my inc.ere thanks to the egerslrnm Farm.lily for their extraordimty generosity. Years ago our tm:ique penonning arts program-the only one ofds kind at the elem.en.tarry level in all of Orange CoIDlty~ras in danger of ending. Wiitbout inunedi.arte financiial support, iit would have vani shed The Segerstrnm. Famil y ' contribution changed evef)1hing. Their gi.ft gave our chool the breathing room to trengtben the program, pursue grants , and secure ongoing funding . Becaus e of their genero s ·ty , m.y children aru:d cmmtJess others h;n,·e been able to di.scm,'ef their 1iloi.ces build oonfidenoe, and learn the value of collaborati on through the arts . Fo r many sh1dems , thiis program has opened doors to experiences they mi.ght never have had othernri<;e _ The Segerstrom Fami.ly impac t iis feJ t not only m our classrooms but throughout our commID'liity, and it will he rememlbered for years to come. \\ ith deep appreciat ion, Audri. Thaokyot , Audri. SandovaJ Gomez Ph .D . Director Thompson Policy Institute on Disability Attallab Coll ege ofEducati.onal Studi es Cbapman ninr'>ity One Uni\ ers irty Drive , Orange, CA 92866 -Charpn1.,1n.edu/tp i 4-1 City Council 28 – 327 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 10 Response to Comment Letter I4: Audri Sandoval Gomez, PhD, dated August 8, 2025 Response I4-1: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 328 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 11 Individual I5: Dr. Bruce R.Weber, dated August 8, 2025 (8 pages) From:: Sent:: To :: Subject: Atta chme 11ts: dr.bm ce fri day, A!ug ust 8, 2025 12:42 PM eComments, PBA ; Agenda Ite m AM ENDMIENT AP IP U CATION (AA) O . 2025 -0 1, VIEST IING TEN TAT IV E TIRACT MAIP (V TTM ) NO. 2025-06, A N D DEVE OIP M ENT AGIREEMENT (DA ) NO. W.25-0 1 f OR TH E V ILLAG E SPEC IFIC PLAIN PiROJE.CT GIE Eil:A LLY LOC A TED A T 1561 W E.ST SU FLO ER AVIE NUIE O CAT ED ITHI IN THE SP EC.. Attadhm ent Sent to, JG uev a ra@ ~ ma -a na.org tor y our June Pla nn i ng M eeti ng ,p el f; 25 08 -08 tQ Air Rea d i ngs.p d{ Attention: Thi:; email originated from outside of City of Sanla Ana. U:;e caution \\-hen openmg ~ttachments or links. Th e attached fil e wa s se nt to JGuevara@s anta-ana.orgi affer yam Ju ne plla nningi mee ti ng o n tile sa me proj ec , but I never recei ved a rep ly . Tlil e co ncern wa s the level of Smal l Part id e Emiss ions at that ti me. A copy of the IQ repo rt then is. in lhe attacllm.en . A cu rrent one is al so attach ed. It s hows 1hat om PM2.5 ccmce ntration is cu rrentl y 2.7 times til e Wmi d Heatth Organ izatiorn an nu al PM2 .5 -guid'elirie val'ue. Recen t me dica l rese arch USC et al. co nc ludes 15 -1 th:a t PM2/5 leve l!s high.er than the guidel ines ca n ca use demenliai. I req;uestedl 1h e City to pm ·de irne xpen sive m.anilms for hmn es fmnti ngI o n He ar Street t o moni or it s level here . Miy ques ti on is that we hav e much highe r level s of PMl2 .5 11ow , how is the level go in g to be red uced by addingI traffic fro m 11,583 res identia l un its, 80,000 square fee of comm ercial r retail space , a:rnd 300 ,000 square feet of offi ce space? Are yo u go ing to requ ire that all res idents in the pmject dri ve electri c cars? Please pm ·de yo ur pr.ann ing1 data on lhis. □r Bruce R Weber Sent w ith Proton Ma il secure ema ill. City Council 28 – 329 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 12 Main ·Concern Sp ec ifi c Enviro nm ental Top ics Eva lu ated -A ir Quality Tlhe main concern is t hat t ile met ho do log y and m odels used t o quant ify air qu1ali ty re lat iv e to t h e proj ect are i ncapable of q uant ifying t ile ri sk o f s mall panic l,es that wil l be g ene ra ted b y the proj e ct . The prob le ms w ere po inted out by researc he rs on a ir p o llut ion an d dern ent ia1, sayi ng b otll a ir po ll ut ion a nd dem ent ia are cu rre m an d growin g g lobal is sues. The re are p lausi b le li nk s b etw een exp os u re to spec ific a ir p o ll utants a11d d ementia." T he ir obj ec t ive was "To syst em at ic ally re vi ew the ev id e nce base w it h respect to t ile re l atio ns hip b etwee n a ir p o ll utio n and late r cog nitiv e d ecl ine and d em entia."' T t1eir ,(20 19) concl us ion was th at "e v id en c e is emerg ing t hat g reate r ex p osu re to a irbo m e p ol lutants is assoc iat ed w ith inc re ased ri s k o f d ementia." Discus s ion a nd Su m mary : DISCUSS ION Overall, the evidence fmm langitud inal oohort stud ies po inted towards an association between g reetP.ir ex posure to pollutants, i~ ~ en~. Th viden for cognitive decline was more equivocal th an. that fur the dementia outcomes. 'fhe pattern was milted fu r 0 3 wi th s tudies reporting ~itive and negati~·e associati.ons with expt15ure ,md increased n~ and one reporting n o as.5ociatio n. Result:; for CO, PM 2_s.-10, and PM 10 were, too fe w to allow strong conclusions. These re.suits supp ort a po s,;ible rol e for ex p o1iurc to air poll utio n, r.s pc-cfo.lly po ll uta nts ~ and 0 3 a nd an in creased risk of dementia and the dl!din e in co gn.itiv e function that p reu:dcs it. Plausible pathways CJCist to support this. It is hYjlO th csi;i;ed that, w hen inhaled, the gas, particles, or material desorbed from th. • rticle s;urfu • • • • • ·vation, • ~~-~~~~~-e !Yin s ctory bulb ~ r.J . .i-...1.Z .~J. Althou gh our review fo c:1.JSed maill.ly on later life decline and indtlent dementia, e . Autopsy studies from children and young .adults liv ing in Mexico Cit;• ha.se found associations betw ee n exposure to u.rb.i.n air pollution , ~tc de s:ltion and inflammation alread reseiu withi11 th e brain [Zl . .121, and population-based ~inning tQ rep ort assoei atii;ms be nve1m prior air pollution expo~u re amt imaging outcomes; fo r example, the Atheros cl erosis Risk In Commun.it ies study found h ~hcr long term PM exposure to b • as so ciated with small cr deep-gr, y ma tter \'alumc [llJ . 1 Pet8rS R , E& N, Pet9rS JI, B oo'tll A , Mu d w ay 1, Allstey KJ . Air P.Ollu'tiO.n sna De EITTtia: A S yste atic Revie w. J Alzill .iimQIS ms. 2019;7 0(s1):S.1 45-S1 a3, Clo i: 10.3233/JAD-18 0631. P MID: 3077697 6 ; p· C ID: P MC6700631. The need for better smal l p artic le modeli ng Page 1 15-2 City Council 28 – 330 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 13 A. search o f PubMled shows that there h as bee n a tremendous amount of research on th i,s topic . Thi s graph ic i s foHowed b y a search of current !literature b e l1ow iit . 0 .Air Po ll ution and Dementia : I\ Syste mat ic Re~i ew. 1 1'€,1/!<8 R, E~ N, P.cera J. Boo A, Mudwi,y L M!11e>/ . t:,te J ..,I, 1 """'" o; •. W19;70(>1):S145·S141-3 . dui : 10.32J3JJM).180631. !'MID: 30775976 • e PMC ~,1ie1t,, Shan l!-ACKGAO~O: Bait, air poll.,tic,und dementia """"""'"l and growin1111h=~•I i-,ua. I m, ore pl;iu,ible linh belwcen c~po"""' to spocific: oi, p,:(lll!ltonts ,md demon1:io, 08 _CT l'I : Ta $'($mllillleil ' 19''19"" lJ!Vo i'lldG~Q bilSII y;lm li~P9'-I to tne 'i '" Air Pollution an d Dem entia Re.search i ndicate·s that lo g-term exposL1re to airborne 11o ll111tion, particularly fine particulate matter fPM2.5) and nitrogen dioxide (N02), is associated with an increased risk of d m 11tia . Studi s have shown that chronic xposllre to l'ligh r levels of he-e pollutants can le d to adve r se effects on cognitive billtles and the devel opment of eurodegenera ve disorders in older adults. 3 • For instance, a stlldy publi shed in Ne rology found tha high levels of omocysteine, a 11 cte i n involved i n card i ovascular conditions, en ance 'the ri sk cf dementia lin ed to air pollution. Converse1 ly, high methio ine conce11trations appear to d cs thi s risk. 1 Additionally, a systematic: rnview o 53 articles hlghl fghted at ch on lc exposure to higher levels o air PQII tants Is assocla d w' • negative cogni ive outcomes and tne prese ce of aemel'\tia . J Moreover, a study conducted by researchers at lhe U11iversity of Sou em Californ a reporte<l that liv i r11g I areas with PM2 .5 levels exce&dfng Ule En11 irnnmenl.a 'I Protection Agency's st,mdard of 12 Im~~ of dementia in older women. This sllggest s tliat air pollution could account for approxlma ely 21% of dementla cases globally If t e fl d ngs hold ll'ue In tlhe broaele pop lation. • Scien sts ar ac t iv ly investigating t em chanlsms through which air poll t i on affec s the brain. While the ellac pathways ares 111 being e:(plo ,ed , ere Is grnwing evidence linking air poll tion to cognilive decline and rieurodegenerative diseases. ~ 1- ,. Q •d di r. Pie se ••11ly C11hcal 1oKt&. IWWOID9!f,O'II prn<:.nc .nlm.11111 ,gov bll'IC1""bllc1N.nlll.tllo .. , A.ssc-c ahoo of lor,g-1ar. ,._ r PoHL >:Jr anr:I O •nt. ,._ pcllutlQ" 1 lalffll 'Al)' .. !IC fl!C1t _Org ()1 th~ardlarLCDffll th,oguan:il:■r1 .co.m Brain pol ll 10r E'widnr.cn. Do poll Kin CDW41 ••• How d..-,•r:io could ba L.. The need to r lbetter smal ll partide modeli ng 1?age2 15 -2 conl.. City Council 28 – 331 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 14 !Rese a rc h a t USG Fo otnote 4 abo ve refers. t o researc h done at USC. Th e S c ience Adviso r's tJi tle is "B ra in p ol lut io n: !E v idenc e bu ilds tt11at d i rt y air ca.us es Alzitieime r 's, dl em e nrti a2 . T he mio roscop ic part1ic les s ifting from freeways and p ow er p l ants. don't j us t t,ar m y our t,eart and lu ng s ... T t1,ey may a lso attack you r b ra in. m Tlh is, s t1U dy bu il ds o an earlie r one at U SC 3 that s tat ed "Tiny particles U1at pollut e the a ir - t he kind t hat o om ,e ma inly f ro m p ow er p lants an d a U1t o m obHes -may g reat ly in crease t h.e chance of d e me nt i a, i nc lud ing d e me ntia ca.us ed by A lz h,e,imer 's d is,ease , aooord ing t o U SC - led rese ardll. Sc ie nt is ts and eng ineers fo un d t hat o ld er wom en w h.o l iv e i ri p laces w ith fin e pa rt1io1.1l at e matter exceed ing t he U.S. Enviro nm e nta l Prot ectio n Agency 's s t a ndtard are 81 percent more ait risk fo r g lobal cogn it iv e declin e andl 92 p ercent mo re Ii ely to d evelop d em ,entia , includ ing Al z he im e r"s m. Find ing th at "Ce ll s in t h e b rai n t reat t h ese partic les as in va d ers a nd reac t wi t h in am mat o ry re s ponses ,, whic h over the course o f ti m,e, a,ppea r t o ex ace r bat e and promote Al z he imer 's d isease. !Effects w ere st rong er f o r t ho se with t he APOIE4 gene t hat increases U1,e r is k fo r Alz he imer's .. Our (2017) study -t he fir st of it s k in d conducted in t he U.S. -prov id1es t he i naug ural ev i dence of a c r it ica l Al21h,eime r's ri s k gene poss ib ly interacti ng w it h air pa rt ic l es to accel,era t e bra in ag i ng,"' Ba ck to f oot note 4l . "What t he y 're fi nd ing is cri t ic al , inc luding w ho is most at ri sk. "The ag ing bra in is vu ln era ble to a ir p o ll uHon," says Ca leb Fi nc h,, a USC gerontolo g ist a nd exp ert o t he b io logy of ag ing and a lso o o•-1P ri nc ip al inv esti ga t o r in t he AirPo ll lB ra in Grou p . "Fo r t oo long , t he ro le of e nviro nm e ntal ne uro t oxin s in Alzit1,eime r's d iseas e has b ee n n eg l,e,ct ed .. m With in a fe w y ea rs of j o ining force s. C he and Finc h rep orted tlhe i rst ev id1ence t hat a critic al Al z he im e r"s r isk g,ene -AP OIE4 -spee ds brain ag i ng wh e it i ntera c t s with fi ne air parti c les. I n 2011,. the ooHeagues rec eiv e t he fi rst -ev er Nla t iona l I ns titut es of !H ealt h grant t o s t1udy t he con nections. be twee n ai r p ol luIt1ion and AIZih eimer's. S in o e t he n, a bout one -fo urth of t he 220 NIH -funded rese a rc h g rants f o cu sed o n ai r p ol l t ion and d ement ia I1,ave c o me t o USG." "Fi nc h and C hen l1ave a lso s u,cceeded in attrnc t1ng mo re t han two d o ze n USC so ient ist s t o t he AirPo ll B ra in Grou p ,, cross i ng d isci pl ines a nd so hools to unit e neurosc i,ent is t s , env iron ment a l t1,ealt h exp erts , engi nee rs.,, ge ronto l ogis ts. p hy s io ians , socio log is ts and mo re .. Th e re s ult: In 20m, t he !N at io na l In st itute o n Ag ing a wa rd ed US C res ea rc he rs a fi v e-year $111.5 mil lion grant t o exa mine how urban air po ll urti o n cont ri butes t o an incre ased ri s o f d,ementi a. m Ai r p ol lurt io n wreaks, ha voc p r im ar ily t hro ug h system i c inflam matio11 ,, Fl nc h says., ancl t hat exp os ure c an lead t o t h e f o rm at1io n o f am y lo id p laq u:es , the prote ins t hat form b etwee n the b rai n's ne rv e c el ls t h•ait ar e t he I1,allma rk s of A lz he imer's .. Research ers have fi ne p artio le pol lut io n, al so kn o wn as P M2 .5 , in t he ir s ig l1ts. 2 l:rWJ&·UJiWtw sq;ooqe, org{oonte oVarti Q1 s.lbra i11 -po 1Mi2a-ENldAoc&:!])u iJ Cl&:d i rty...l r-ca 11sas-aldJei me r-s::de 11Mit1iiJffa 3 httips-Ji'toda!ly.usc .M ufai r-poltulioo-3:y-lGa.d 0 ilO -d e rne l"ltia-i1H l lder-WO r;n/ The need tor lbetter smalll partid e modeli ng l?ag ea 15-2 c ont. City Council 28 – 332 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 15 Dr. Lauren Sail'miinen He r work is part of t he natio na l Ado lesc,ent Brain Cog ni t ive Deve lo pm ei t Studly, the la rgest investigation of it s kin d in t he U.S. "We 're addl ing the e nv iro nm ental f acto r, one of t l1,e leas t - in vestigated areas," she sarys . To und:er standl t he bi,gger p icture across the lif espan, Che n and !Hertin g oo ll abo rnted wit1h Sa lm in en, ins tructo r of resea rc h neurology at t1he USC Mark and Mary St eve ns. lNeuro im aging and I nfo rm atics ll111 s t1itute, to crnat e t he EINIGIMA -E NIV Wo rki ng Grou p. "We know t h ings li ke air poll utio n can inc rease dem entia ris k a nd v asc ular pro b lems decad:es afte r ex:pos me ," Sa lm in en say s. "But we hmre so m uch to lea rn about tt1.e p rocesses tlli at un derlie t hose c ha nges .. " Toge t l1,er, tlhey a re pooli ng b ra in scans f rom more tlha n 60,000 people wol1 d wi dle, wh o span all ages and range fi ro m h ea ltlhiy to t hose dli ag nos,e,d w it h neurological d isorders .. Sc~entists re ly on geospatiall teohno logy to map eaoh particiipant 's home I ocation andl pollllllrtion e·xiposure .. TIl1is. g lobal study bu il dis, o n t he success o f EINIIGMA Co nso rt iu m ,, an i ntern atio nal medical network o f neuroim ag in g resear clhe rs studying maj o r d iseases of t he b ra in ,, ledl by USC St evens Associat ,e Di recto r Pau l IM. T hoti11pso n. "The ENIG M-ENV Wo rking G ro up is a tiru ly g lo ba l q ues t to identify env ironmenta l factors that he lp o r ha nn o m brai n," sarys T ho mpson. o ne of USC's l,ead ing Alzheime r's resea rc h ers. "Co mp a ri ng dat a wor1ldw ide s hou ld reveal w hat facto rs hel p o ur brains develop a nd age , an d w hat p rotects us aga in s t mental illn ess, w hi ch mary u lti mately g uide p ub li c healt h poli cy.~ The USE PA. and its Tr rad Approach The EPA p i onee red a method of mode!iin g the ,con,ce n trati o n of pollll u t ion at hazar dous wastes s ites t h at a llso used geospatiia i technology. This method enable d the u se of Bayesiian Analysi s to v iew p robab i1li ty d r,stri b ut io ns of contam iin an t s that wou ld seem to be much more usefu ll and precise t h an t hos,e used iin you r report. IQ Air and its R,epo:rts-Would you r Plann ing Department provid e these'' The need for lbetter small 1p:;rnl icle m odeli ng AmrVisu a l Outd oor Moni t or ... *., • 3 ~ ,1111 .. • ·•·- -me u lmaJJ ou1ooor sir [f.18iit'I' monitor. Prov!~ rou w11n IYn)er-locaL 11ee1-11rne air qUil 1'1 s1..-rcnmding raw h :::unc, s;chacl~ or husaneu. ~ for 1'1'M!il5uri~ .1 i r !}09.ro TI e po '-" lrorn olllll:, I duS1r11. <t!!rlC ~IJl'al bun ~ or ,,..ldhre Vlew re Ii • eoo I ',Rori~ air (lu&litv ~ia 11.e free ,ooil, 81'1>-Sh&rts l'OLI oen>ll r ilata ,,.;,1, mill io,,.. of u .. ,. .t, lhc ll)Ai r AirV""1 al app . FREE F'at.-t lle&v,,ry 1-DII)' ~ippin,g $2991.99 startin 111 :rt s;:2!Jrno or 0 % APR wiun ~L Cllack )'OU' purd,:>Sin11 po....- PagG 15-2 co nt. City Council 28 – 333 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 16 My wife ancl I m ovedl here i n Ap ril of 1978. Bear Street didl not go 1it1rough to MacArth er at t l1.e t ime. II s u;spe ct that air pollution at 1il1e 1iim e w as muc h less than now and w ha t it w111 be as 1ll1e Su bject an d re lated develop ments progress. During tt1ose years, it see ms as t hough \Ve hav,e oo [lec ted a large nu mb er of PM 2 .5 . M ore reoe ntly w e have foun d a numbe r of advers e symptomologies tha t are d escribed in resea rctn f rom USG, s uggest ing tllat PM2:.5 might have been th e causal fa cto r: Both of us h.ave ex tremely h"gh l evels o ox id a1iive stress. My ath eroscl ero si s edl th e need for card iac bypass s urg ery in 202 3 res ulliing in a $1,127,417 hos pital bi ll. Woul d y ou r Plan ning Dep artment be wili ng t o provi de Ai!V'isu al Outd oor/llndom Mo nito rs , to us and other I10:nn eowners aJoo g Bear Street tn orcf,er to monitor ou r IPM 2.5 levels? My father an d ol der si ste r survived! i nto til1eir 9 0's and II w o ul d ltke to do th e sanie. S o, w,e w ill b e applyi ng to ·o in th e Toe IE NIGMA-ENiV Wmking Group lat er today_ I woul d ltke to b e ab le to t e ll them tha t tit1e City of Sa nta Ana i s wiling to help out by providi ng th e m onitor ing de vic es . A sann p!e is s l1.ow bel ow. C IQAir ,.,c,,.i ,~ A i-,_...i;m h;a• A.ir l!'u nfii,[11 1-ii l ~n, Ji;1 rlll,n!llllll!QI • .. ...,, lrni?-llr l' ~i n p pljl'l~ Q •I ~ ~®'il',nM ['II 2 O>w1Wlffli H<Qtrf.,.....t -:J ,_...,. • I n dro. 1.r.a r1 b-.t.nl Now U!D:a a,: ID ZlOO Z,CD 2] :,0 -· aoa:, ll' 0: DJ DD c:ia:i "'co .... CriDD .., .. ··"' C-IIDD 1000 1 DC .. 7:,r ,.,. 'K1' ... .... .,,. ., . ""' •:r 011' ... 61' ... ., . ... ... .... 7C" .. ~ 'f ,, ,, • • ~ "' • • • .. .. ~ .. .. • fL2 u &0 u 6-1 e., .,, t,, .... 4.11 •. i .... :l.2 2:l u "11 •. ~ it, .... .... ..., .... .... .... .... ,-:t ..., .... ,.,. .... .... .... .... .... . .... • ' • I ' • • • ' • I ' • ' • -66 .. '611 -7S'lo llolll 831, -Qr,<,, 11';11 fl41o --11111 ~ .. [hr:,bt1C11 . ,i\ir pt;tA.,bnta 0""'1• •• ,~nBl!fl(1~r1 . .. .... ., ' ""11 M' r,.L.I "~' •¢"'I ,., • , .. r., "'-~r,[11 • ~:w. PfA2.5 A• ~~-1-2"""unl -(,t • 17+ 1't U..,.. -~ 13 tJQ\n' "' • ,.,. .,. of' T1.ln1='f1 I 4 19"' 0..l!r a wide area .. (nol aomss the elreet) •«t 6! 17' 64' -41 :e:11,-cti - '" ., .. ,,. •• • :a.,r-m .. ~tl'II, "" n • .. .. .,.~l"'!rJ'I I .S AIK, ~ • ~· 66 ., :e:11,-cti . -~ • t1~,tt1,;:1m:;'!"'llll1;i1 VtJ"l'!T(~ Z 1 11-.e~ lhi, 'i','1Jfld .,w, 011;i~, .. 1~11 .t rir.,1.1 PU) 5 i~irlil•..,.lU(II Th is dart a su gg ests liha t w e aJready have a prob em here . We need more s ubstantive evid enoo 1il1a t th e larg e influx of new resi d:en ts and t heir activiti es wm tmprove and mot ex aoerb at e this w or ldi!.vi de pro b!em. lit is expected that our ocal I:QAir data w l I be ab e to be an alyzed as part of th e EIN IIGMA monitoring ,effo rt The need tor better s.mal ll particl e mocfe li ng Page 6, 1~2 ciont City Council 28 – 334 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 17 Reference is also made to an adl fm m an insurance co mpany that underscores t heir fear t hat t h:e tren d in d emen tia w ill bankrup t our med ic al s yst em_ Cutt1ng-,edge resea rc t f rom U SC is neede d t o solve th is p ro b em _ EARLV•ONSET DE A D Ai.Z EIME S G 01.J FOR YOU~GER A NS bW • " th~-ur r,.:; !IIIJ Cro B.kn,S I, aid H~Uf It,!, .tlHltilitl .1J bB -N.tllH 8'.flff.!t1:fta.! ifl!li .JliaiirilN r1 ii lf The need tor better smal l partic le model i ng IT Pa ge 6 15-2 cont City Council 28 – 335 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 18 City Council 28 – 336 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 19 Response to Comment Letter I5: Dr. Bruce R. Weber, dated August 8, 2025 Response I5-1: This comment is the email transmittal of the commenter’s comment letter that was sent to the City after the June 23, 2025 work study session Planning Commission meeting. The email states the commenter’s request for the City to provide air monitors, and expresses concerns regarding the elevated existing levels of particulate matter with a diameter of 2.5 micrometers or smaller (PM2.5) emissions and the project’s impacts related to these levels. The commenter is referred to the Final Supplemental EIR responses for the comment letter submitted on June 9, 2025, Response I4, regarding the air quality concerns. Response I5-2: This comment provides a detailed discussion compiled from multiple studies relating to the effects of PM2.5 and nitrogen dioxide/oxides of nitrogen. The commenter is referred to the Final Supplemental EIR responses for the comment letter submitted on June 9, 2025, Response I4, which expresses the same regarding the air quality concerns. City Council 28 – 337 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 20 Individual I6: Erica and Jose Pedraza, dated August 8, 2025 (2 pages) City Council 28 – 338 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 21 City Council 28 – 339 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 22 Response to Comment Letter I6: Erica and Jose Pedraza, dated August 8, 2025 Response I6-1: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 340 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 23 Individual I7: Janelle McLoughlin, dated August 9, 2025 (1 page) City Council 28 – 341 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 24 Response to Comment Letter I7: Janelle McLoughlin, dated August 9, 2025 Response I7-1: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 342 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 25 Individual I8: Janelle McLoughlin, dated August 9, 2025 (1 page) City Council 28 – 343 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 26 Response to Comment Letter I8: Janelle McLoughlin, dated August 9, 2025 Response I8-1: The comment letter is the same as Comment Letter I7. The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 344 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 27 Individual I9: Janelle McLoughlin, dated August 9, 2025 (1 page) City Council 28 – 345 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 28 Response to Comment Letter I9: Janelle McLoughlin, dated August 9, 2025 Response I9-1: The comment letter is the same as Comment Letters I7 and I8. The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 346 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 29 Individual I10:Michael Hanson, M.Ed., dated August 10, 2025 (2 pages) City Council 28 – 347 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 30 City Council 28 – 348 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 31 Response to Comment Letter I10: Michael Hanson, M.Ed., dated August 10, 2025 Response I10-1: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 349 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 32 Individual I11: Chris and Catey Reese, dated August 11, 2025 (1 page) City Council 28 – 350 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 33 Response to Comment Letter I11: Chris and Catey Reese, dated August 11, 2025 Response I11-1: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 351 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 34 Individual I12: Monica Daneshrad, dated August 11, 2025 (1 page) City Council 28 – 352 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 35 Response to Comment Letter I12: Monica Daneshrad, dated August 11, 2025 Response I12-1: The commenter expresses opposition to the project and their opinion that the extra housing will be stressful and hard to access the area. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 353 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 36 Individual I13: Luz Suazo, dated August 11, 2025 (5 pages) City Council 28 – 354 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 37 City Council 28 – 355 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 38 City Council 28 – 356 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 39 City Council 28 – 357 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 40 City Council 28 – 358 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 41 Response to Comment Letter I13: Luz Suazo, dated August 11, 2025 Response I13-1: This comment is the email transmittal of the commenter’s comment letter. No further response is required. Response I13-2: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 359 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 42 Individual I14: Long Nguyen, dated August 11, 2025 (1 page) City Council 28 – 360 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 43 Response to Comment Letter I14: Long Nguyen, dated August 11, 2025 Response I14-1: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 361 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 44 Individual I15: Susana Guzman, dated August 11, 2025 (2 pages) City Council 28 – 362 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 45 City Council 28 – 363 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 46 Response to Comment Letter I15: Susana Guzman, dated August 11, 2025 Response I15-1: This comment is the email transmittal of the commenter’s comment letter. No further response is required. Response I15-2: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 364 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 47 Individual I16:Teri Brissae, dated August 11, 2025 (1 page) City Council 28 – 365 9/16/2025 The Village Santa Ana Specific Plan Project City of Santa Ana August 2025 48 Response to Comment Letter I16: Teri Brissae, dated August 11, 2025 Response I16-1: The commenter expresses support for the Segerstrom Family and their contributions. This comment will be forwarded to the City’s decision makers for their consideration. This comment does not address environmental impacts within the purview of CEQA and, thus, no further response is required. City Council 28 – 366 9/16/2025 “Provide a safe and reliable transportation network that serves all people and respects the environment” DIVISION OF AERONAUTICS - M.S. #40 1120 N STREET P. O. BOX 942874 SACRAMENTO, CA 94274-0001 PHONE (916) 654-4959 FAX (916 ) 653 -9531 TTY 711 www.dot.ca.gov August 12, 2025 Mr. Jerry C. Guevara Electronically Sent: jguevara@santa-ana.org Senior Planner City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 Dear Mr. Guevara: The California Department of Transportation, Division of Aeronautics (Caltrans), supports cities, counties, and Airport Land Use Commissions (ALUCs) in developing land use policies that promote public health, safety, and welfare near airports. On July 16, 2025, Caltrans received the City of Santa Ana’s draft Resolution No. 2025- xx, which declared the City’s intent to overrule the Orange County ALUC inconsistency determination for the proposed Village Santa Ana Specific Plan (Project) with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). We appreciate the opportunity to provide input on the City’s proposed overrule. Caltrans has reviewed the City’s Findings included in the July 16, 2025 submittal, along with the ALUC Staff Report and Inconsistency Determination Letter, both dated June 19, 2025. Based on this review, Caltrans has determined that the that the City’s Findings do not provide sufficient justification to support the proposed overrule. Specifically, Caltrans disagrees with the following statement in the Findings: “The residential and commercial land uses under the proposed Project are consistent with the height standards of the AELUP.” The proposed building heights within the Project penetrate the FAA Part 77 Horizontal Surface for JWA by up to 107 feet, as outlined in the ALUC Staff Report. The AELUP for JWA, consistent with Section 2.1.3 in the AELUP, states that an FAA No Hazard determination does not automatically equate to an ALUC finding of consistency. The allowance of structures that exceed the 100:1 notification surface undermines the intent of the AELUP to protect navigable airspace and ensure compatibility with airport operations. City Council 28 – 367 9/16/2025 Mr. Guevara, Senior Planner August 12, 2025 Page 2 “Provide a safe and reliable transportation network that serves all people and respects the environment” Public Utilities Code (PUC) Section 21675.1(f)states: “If a city or county overrules the commission… with respect to a publicly owned airport that the city or county does not operate, the operator of the airport is not liable for damages to property or personal injury resulting from the city’s or county’s decision to proceed with the action, regulation, or permit.” Pursuant to PUC Section 21676(a), please include this letter, along with the ALUC’s comments in the public record of any decision to overrule the ALUC. If you have questions or we may be of further assistance, please contact me at vincent.ray@dot.ca.gov. Sincerely, Vincent Ray Aviation Planner Caltrans Division of Aeronautics c: Julie Fitch, Executive Director, ALUC Orange County, jfitch@ocair.com City Council 28 – 368 9/16/2025 City Council 28 – 369 9/16/2025 City Council 28 – 370 9/16/2025 City Council 28 – 371 9/16/2025 City Council 28 – 372 9/16/2025 City Council 28 – 373 9/16/2025 City Council 28 – 374 9/16/2025 CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report DATE September 16, 2025 TOPIC SAPD In-Car Video Recording Policy with Automatic Activation for Pursuits and Emergency Responses COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department (SAPD) Policy Requiring the Installation and Use of In-Car Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code-3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan DISCUSSION Background The Santa Ana Police Department (SAPD) currently deploys body-worn cameras (BWCs) for sworn personnel. However, certain incidents, particularly high-speed pursuits or other emergency responses, are not always fully captured by BWCs. In-car video systems (sometimes referred to as dash cams) offer a wider field of view, automatically record vehicle movement and officer actions, and provide critical evidence for both criminal proceedings and administrative investigations. Automatic activation technology, typically triggered by lightbar/siren engagement, ensures that key events are recorded without relying solely on manual activation by officers. Several California law enforcement agencies have adopted similar requirements: •Los Angeles Police Department (LAPD): Requires activation of its Digital In-Car Video System (DICVS) during Code-3 responses and pursuits. •Orange County Sheriff’s Department (OCSD): Requires in-car audio/video recording to begin automatically when overhead lights are activated, continuing until the incident concludes. These policies have been shown to enhance transparency, reduce litigation risk, improve officer safety, and strengthen community trust. City Council 29 – 1 9/16/2025 CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Analysis Adopting an automatic in-car video activation policy in Santa Ana would align SAPD with best practices and recent legislative trends, including: •California Vehicle Code §17004.7 – Encourages agencies to adopt written pursuit policies with annual training to maintain certain immunities. •Assembly Bill 748 (2018) – Establishes timelines for public release of audio/video related to critical incidents. •Penal Code §832.18 – Requires written policies for BWC use; provides a framework for harmonizing BWC and ICV policies. Proposed Policy Elements: •Scope: All marked SAPD patrol vehicles equipped with ICV systems (and unmarked units where feasible). •Automatic Activation Triggers: Engagement of lightbar or siren; initiation of pursuit mode; optional integration with BWCs for simultaneous activation. •Manual Activation Requirements: Traffic/pedestrian stops, prisoner transports, DUI investigations, or other enforcement events not otherwise automatically triggered. •Prohibited Deactivation: Narrow exceptions for privacy or tactical safety, requiring supervisor notification and documentation. •Retention and Storage: In compliance with Government Code §§34090–34090.6, with extended retention for incidents involving arrest, use of force, or serious injury/death. •Public Records Compliance: Adherence to AB 748 timelines for disclosure, with established redaction protocols to protect privacy and ongoing investigations. •Training and Accountability: Annual POST-aligned training, audit protocols, and disciplinary measures for unjustified failure to record. Funding Implementation would require investment in equipment, installation, secure data storage, system maintenance, and training. Potential funding sources include: •Federal Byrne Justice Assistance Grant (JAG) program •State public safety technology grants •Cost offsets from reduced liability claims and litigation expenses Next Steps If the City Council supports moving forward, the city manager will direct staff to: •Draft the SAPD In-Car Video Recording Policy within 60 days. •Conduct meet-and-confer with the Police Management Association and Police Officers Association regarding policy impacts. •Identify and procure ICV equipment with automatic activation capabilities. •Develop training modules and implementation schedules. •Return to the City Council within 90 days with the final policy, fiscal analysis, and implementation timeline. Conclusion By adopting a policy requiring automatic activation of in-car video systems during pursuits, Code-3 responses, and other critical enforcement activities, the City of Santa Ana will join other leading California jurisdictions in leveraging proven technology to enhance transparency, strengthen community trust, and protect both officers and the City Council 29 – 2 9/16/2025 CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org public. This policy will ensure key incidents are consistently documented, improve the quality of evidence, reduce liability, and align SAPD operations with state best practices and legal standards. SUBMITTED BY Councilmember Jessie Lopez EXHIBIT(S) None City Council 29 – 3 9/16/2025 City Manager’s Office www.santa-ana.org/cm Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Police Oversight Commission Ordinance Work Study Session AGENDA TITLE Police Oversight Commission Ordinance Work Study Session RECOMMENDED ACTION Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On July 15, 2025 City Council heard proposed amendments to Article IV to Chapter 2 of the Santa Ana Municipal Code Police Oversight Commission (Exhibit 1). During this meeting, the City Council voted to hold a joint special meeting with the Police Oversight Commission, the Police Oversight Director, and the City Council within 60 days. Before that meeting, all members were to meet with the City Manager, City Attorney, Police Oversight Director, and Police Chief. Staff has met with Councilmembers and Commissioners to review the proposed ordinance amendments, answer questions and receive input. In addition, the Police Oversight Commission will hold a work study session on September 11, 2025, and recommendations are to be provided to City Council during the City Council work study session. The purpose of this meeting is to discuss potential changes to the Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT City Council 30 – 1 9/16/2025 Police Oversight Commission Ordinance Work Study Session September 16, 2025 Page 2 5 3 4 0 There is no fiscal impact associated with this action. EXHIBIT(S) 1. Draft Ordinance (redline presented at July 15, 2025 City Council Meeting) 2. Government Code 3300-3313, Penal Codes 832.5, 832.7, 832.8, and Evidence Code 1040-1047 Submitted By: Sylvia Vazquez, Deputy City Manager Approved By: Alvaro Nuñez, City Manager City Council 30 – 2 9/16/2025 Ordinance No. NS-XXX Page 1 of 14 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-660-2-669 OF CHAPTER 2 (ADMINISTRATION), ARTICLE IV, DIVISION 16 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING A POLICE OVERSIGHT COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 15, 2022, the City Council adopted an Ordinance establishing a Police Oversight Commission. The purpose of the Police Oversight Commission is to enhance transparency, increase accountability of and public confidence in the Santa Ana Police Department and provide for an Independent Oversight Director to provide the Chief of Police, City Manager, and City Council independent investigations of, analysis and recommendations on police practices, police misconduct, officer involved shootings, and other serious uses of force. B. On October 6, 2023, the six appointed members of the Police Oversight Commission held their first official meeting, marking the operational launch of the Commission. Since that time, the Commission has met regularly and its members have completed the training requirements as outlined in the Ordinance. C. The subsequent implementation of the existing ordinance revealed operational and procedural challenges prompting the need for a comprehensive review of the Ordinance. In response, the Police Oversight Ad Hoc Committee convened to evaluate the current Ordinance and consider amendments. D. The proposed amendments reflect collaboration from the Ad Hoc Committee, legal counsel, City staff, and personnel from the Santa Ana Police Department. E. The objective of these amendments to the existing Police Oversight Commission Ordinance is to enhance transparency and consistency of the Ordinance, strengthen the Commission’s operational effectiveness and ensure full compliance with applicable state laws. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will City Council 30 – 3 9/16/2025 Ordinance No. NS-XXX Page 2 of 14 have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 3. The Santa Ana City Council hereby amends Sections 2-660-2-669 of Chapter2, Article IV, Division 16 of the Santa Ana Municipal Code as follows (new language is underlined and deleted language is stricken): Sec. 2-660. Establishment and purpose. There is hereby established a Police Oversight Commission (hereinafter referred to as the "Commission"). The purpose of the Commission shall be to improve transparency, increase the accountability of and public confidence in the Santa Ana Police Department and to provide for an Independenta Police Oversight Director. The purpose of the Commission is to act through the IndependentPolice Oversight Director, independent of the police department, to provide the Chief of Police,City Council, and City Manager, and City Council independent investigationsa review of, analysis, and recommendations on police practices, police misconduct, officer-involved shootings, and other serious uses of force. Sec. 2-661. Police oversight commission membership and term. The Commission shall consist of seven (7) members to be appointed by the city council from the residents of the city.City Council, who meet the qualifications set forth in Section 2-662 of this ordinance. The city councilCity Council shall strive to appoint members who are fair and impartial, and who represent diverse social, economic, and politicalcommunity interests. The city councilCity Council shall consider the career and life experiences of Commission applicants and appoint those who are representative of the diversity of the Santa Ana community and whose knowledge and experiences will most benefit the Commission's ability to carry out its duties and responsibilities and build trust with the community. The City Council will strive to appoint applicantsCommissioners with knowledge and/or experience in the fields of human resources practices, management, policy development, auditing, law, investigations, social services, civil rights, and civil liberties. The City Clerk of the Council shall prepare application forms requiring applicantsprospective members to provide information demonstrating that they meet qualification requirements set forth in Section 2-662. Sec. 2-662. Qualifications of commissioners. (a) All members of the Commission shall reside in the City of Santa Ana. (b) Elected or appointed officers and employees serving the City shall not be eligible for appointment to the Commission. (c) Retired peace officers or peace officers who have separated from public service shall not be eligible for appointment to the Commission unless at least five (5) years has passed from the date of their separation from the governmental entity with which they were previously employed. Only one former or retired peace officer, who is appointed first in time, may serve on the Commission at any given time. "Peace City Council 30 – 4 9/16/2025 Ordinance No. NS-XXX Page 3 of 14 officer" as used herein shall have the same meaning and definition as set forth in California Penal Code sectionSection 830 et seq. (d) Practicing attorneys who handle, or are members of firms or entities that currently handle, criminal or civil matters involving the Santa Ana Police Department are ineligible to serve on the Commission. ( e) The appointment, removal, vacancies and term of Commissioners shall comply with SAMC 2-326. Sec. 2-663. Commissioner confidentiality and training. (a) Prior to attending their first Commission meeting, each Commissioner shall take an oath and execute a confidentiality agreement stating that they will not divulge or disseminate confidential information, including identities of witnesses and contents of confidential testimony and documents, either during their term of office or thereafter to ensure that confidential personnel information and other information subject to state law protections is not released or shared. Failure to comply with the terms of the confidentiality agreement shall result in removal from the Commission and/or other legal consequences in a Commissioner’s individual capacity, including but not limited to criminal and/or civil penalties. Removal of a Commissioner shall comply with SAMC Section 2-326. (b) No later than ninety (90) days after appointment, each member shall: (1.) Receive training in relevant subject matters, including, but not limited to, the Police Department's operations, policies, practices, procedures related to the following: internal affairsInternal Affairs investigations; authorized uses of force, including the use of deadly force, control devices, and techniques; uses of conducted energy device; handcuffing and restraints; detention and arrest of persons; search and seizure of persons and property; the department's established focus of de-escalation tactics, vehicle pursuits, and the duties, responsibilities, procedures, and requirements associated with all ranks and assignments facilitated by the IndependentPolice Oversight Director. 2. All training shall Training should be predominantly obtained from independentSanta Ana Police Department personnel, third-party bodies or institutions that have experience with internal affairs ofInternal Affairs investigations within police departments and civilian review investigations and audits. 3.(2) Attend training sessions sponsored by the National Association for Civilian Oversight of Law Enforcement or similar entities, or through presentations provided on topics including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, and due process, procedural rights and confidentialities afforded to police officers by California law (including, but not limited to, Government Code Section 3300 et seq., Penal Code Sections 832.7 and 832.8, and Evidence Code Sections 1040-1043), state use of force standards, police union contracts, labor rights, in-person implicit bias training, and best practices for conducting investigations. City Council 30 – 5 9/16/2025 Ordinance No. NS-XXX Page 4 of 14 (c) Members of the Commission, may, but are not required to, participate in (3) Participate in a ride-along with the Santa Ana Police Department. The Chief of Police shall facilitate a ride-along consisting of a minimum of 8 hours of field- based patrol operations. Current Commissioners shall participate in this ride- along within 90-days from the effective date of this ordinance. ( (c) Members of the Commission are required to attend and complete at minimum the following Santa Ana Police Academy Program courses: Communications, Patrol Operations, Santa Ana Jail, Crime Scene Investigations, Investigations/Internal Affairs, Air Support/Traffic Stops/Motor Officers/Directed Patrol, Use of Force, Homicide/Gangs/SWAT, within 18 months of appointment and/or the first available offering of the Program. Current Commissioners shall participate in this Community Academy within 18 months from the effective date of this ordinance. These classes are subject to change at the discretion of the City Manager. (d) Failure to comply with subsections (b) and (c) shall result in the member’s removal from the Commission by the appointing Council Member. Sec. 2-664. Meetings. The Commission shall hold its first meeting when there are a sufficient numbermeet the second Thursday of appointed each month with a majority of Commissioners to constitute a quorum. At such meeting, the Commission shall fix starting at 5pm at a location designated by the time and place of regularly scheduled meetings which shall not meet less than once each monthCity Manager. The City Manager or their designee shall attend all regular and special meetings of the Commission and provide regular staff support to the Commission. The Police Chief or their designee shall also attend such meetings as requested by the Commission. ( If a Commissioner wishes to propose an item for placement on a future Meeting Agenda, the Commissioner shall prepare a written memorandum describing the proposed item and, after consulting with the Police Oversight Director and the City Manager, submit it to the City Manager. The memorandum shall be included for consideration at a regular meeting as a Commissioner requested item. The Commission may, by a majority vote of its members present, direct that the proposed item be added to the agenda for a future meeting. The City Manager or their designee also has the discretion for placing items on the Meeting Agenda. Sec. 2-665. Powers and duties of the police oversight commissionPolice Oversight Commission. To effectuate its purpose, the Commission shall: (a) Review, evaluate and make recommendations to the Chief of Police and City CouncilManager regarding the Police Department's policies, practices, and procedures, develop programs and strategies to promote positive police- community relations, and make appropriate recommendations to the City Manager and the City Council.. Within thirty (30) days after receiving such recommendations, the City Manager or designee shall submit a response to the Commission. If the Commission is dissatisfied with the response, the City Council 30 – 6 9/16/2025 Ordinance No. NS-XXX Page 5 of 14 Commission may submit its recommendations to the City Council. The City Manager may extend for an additional thirty (30) days the time periodsperiod in which they are required to submit their responses to the Commission by giving the Commission written notice of such extension. (b) Receive, hear, and review misconduct complaints, tort claims, or lawsuits: (1) Tort Claims; (2) Lawsuits; (3) Complaints made against on-duty Santa Ana Police Officers which allege Santa Ana Police Officers have engaged in the following conduct: (1) only when the Internal Affairs Investigation is completed and the complaint alleges: (i) officer-involved shootings-discharge of a firearm at a person by a Santa Ana peace officer that results in death; (2) in-custody deaths; (3) (ii) uses of force that result in great bodily injury of a person; (4) (4) Complaints made against Santa Ana Police Officers only when the Internal Affairs Investigation is completed with sustained findings for the following conduct: (i) prejudice or discrimination involving a protected class; (5) (ii) dishonesty; (6) (iii) sexual assault; (7) (iv) unlawful arrest or unlawful search; (8) (v) unreasonable or excessive force; (9) or (vi) failure to intervene against another officer using force that is clearly unreasonable/excessive; or. (10(c) Receive, hear, and review the following two categories: (1) In-custody deaths; (2) unlawful activities/conduct that interferes with First Amendment assemblies. (c) All complaints to(d) Allegations of misconduct not specifically enumerated in subparagraphs (b) and (c) shall not be heard or reviewed by the Commission must be, but shall be forwarded to the Chief of Police or designee within five (5) days of receipt by the Commission. (e) Review complaints submitted in writing on forms supplied by the Department or, the Commission, or submitted to the online portal. Anonymous complaints will be accepted. However, anonymity may limit the ability to thoroughly investigate and address the complaint. The Commission will not be authorized to retroactively conductCommission’s authority to review previously completed investigations of complaints.will comply with Penal Code Sections 832.5, 832.7 and 832.8. City Council 30 – 7 9/16/2025 Ordinance No. NS-XXX Page 6 of 14 (1) A copy of each complaint, tort claim, and/or lawsuit that alleges misconduct as set forth in sectionSection 2-665(b), regardless of where or how it is filed or) and (c) submitted to the Commission, shall immediately be forwarded to the members of the Commission, the IndependentPolice Oversight Director, the City Manager, and the Chief of Police. (2) No complaint shall be accepted, or reviewed, or investigated by the Commission or the IndependentPolice Oversight Director if it is not filed/submitted within one (1) year after the alleged misconduct by a Santa Ana Police Officer. (3) All Commission discussions with the IndependentPolice Oversight Director concerning alleged misconduct by any Santa Ana Police Officer shall be held in closed session. At least ten (10) days' advance written notice of the date of the meeting in which a specific officer will be discussed in closed session shall be provided to the complainant and the named police officer and their legal counsel, if known to the Commission and shall be deemed confidential. (df) Receive and discuss reports from the IndependentPolice Oversight Director on all incidents involving the following types of alleged misconduct by Santa Ana Police Officers: only when the complaint alleges: (1) officer Officer-involved shootings-discharge of a firearm at a person by a Santa Ana peace officer that results in death; (2) in-custody deaths; (3) uses Uses of force that result in great bodily injury of a person;. (4) (3) Complaints made against Santa Ana Police Officers only when the Internal Affairs Investigation is completed with sustained findings for the following conduct: (i) prejudice or discrimination involving a protected class; (5) (ii) dishonesty; (6) (iii) sexual assault; (7) (iv) unlawful arrest or unlawful search; (8) (v) unreasonable or excessive force; (9) or (vi) failure to intervene against another officer using force that is clearly unreasonable/excessive; or. (10) (4) In-custody deaths and unlawful activities/conduct that interferes with First Amendment assemblies. (eg) Direct the IndependentPolice Oversight Director to independently review and investigate, analyze and make recommendations regarding citizen complaints, tort claims, or lawsuits alleging the types of police misconduct as identified in sectionSection 2-665(b) or when the City Council provides authorizationand (c), unless there is pending Internal Affairs investigation at which time the Commission may, in Closed Session, review those misconduct complaints City Council 30 – 8 9/16/2025 Ordinance No. NS-XXX Page 7 of 14 when the Internal Affairs investigation is completed pursuant to Santa Ana City Charter Section 1100 subject to the restrictions set forth in Government Code Section 3300 et seq., California Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, the Santa Ana Charter and Municipal Code, the MOU that applies to the impacted member, and Santa Ana Police Department's policies and procedures. (f) The Independent h) Authorize the Police Oversight Director shall review and investigate timely filed/submitted complaints as soon as possible. Pursuant to Santa Ana City Charter audit completed Internal Affairs files involving misconduct for the categories outlined in Section 1100, the City Council hereby authorizes the Independent Oversight Director to subpoena witnesses, administer oaths and compel the production of evidence for their independent investigation. At the conclusion of the investigation, the Independent 2-665(b) and (c). The Police Oversight Director shall submit aaudit findings to the City Manager within thirty (30) days who will then provide it to the Commission within thirty (30) days. (i) Advise the Mayor, City Council, City Manager and Police Chief on community relation issues involving the Police Department. (j) Prepare and submit an annual report with findings to the City Council concerning the Commission's activities, and recommendations, orally and in writing, to the Commission. (1) Upon receipt of the Independent Oversight Director's report, the Commission may: (i) Direct the Independent Oversight Director to investigate the complaint further; (ii) Forward the Commission's findings and recommendations concerning the complaint to the City Manager based upon the Independent Oversight Director's report; and (iii) Make disciplinary recommendations to the Police Chief and/or the City Manager, when a complaint of misconduct has been sustained against a Santa Ana Police Officer subject to the restrictions set forth in Government Code Section 3300 et seq., California . The annual report shall align with Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, the Santa Ana Charter and Municipal Code, the MOU that applies to the impacted member, and the Police Department's policies and procedures. This subdivision does not, however, provide the Commission or the Independent Oversight Director the authority to impose any discipline on any member of the Police Department. All discipline ultimately imposed on any peace officer and must comply with all federal, state and local laws, including, but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member, City Council 30 – 9 9/16/2025 Ordinance No. NS-XXX Page 8 of 14 and theSanta Ana Police Department's policies and procedures. Unless extended by the Commission, within sixty (60) days after receiving such recommendations, the Police Chief or City Manager shall submit a response to the Commission. If the Commission is dissatisfied with the response, the commission may submit its recommendations to the City Council. The Police Chief and/or City Manager may extend for an additional thirty (30) days the time periods in which they are required to submit their responses to the Commission by giving the Commission written notice of such extension. (g) Authorize the Independent Oversight Director to audit complaint files and review policies to ensure best practices are implemented. (h) Advise the Mayor, City Council, City Manager and Police Chief on community relations issues involving the Police Department. (i) Review any Memorandum of Understanding (MOU) between the City and the Santa Ana Police Officers Association or the City and the Santa Ana Police Management Association, and provide suggestions and recommendations concerning negotiations to the City Manager and the City Council. (j) Conduct public meetings to educate the community on the purpose of the Police Oversight Commission and provide a forum for discussions about police policies, practices, and procedures. (k) Prepare and submit an annual report to the City Council concerning the Commission's activities, findings and recommendations. The annual report shall ; and include, at a minimum, the following: (1) The number of investigations initiatedInternal Affairs investigation reviews conducted during the annual reporting period and data summarizing the nature of the alleged or actual underlying conduct; (2) The number of investigations concludedInternal Affairs investigation reviews conducted during the reporting period, and, of those investigationsreviews, the number that took more than six (6) months to conclude and data summarizing the nature of the alleged or actual underlying conduct; (3) The number of Internal Affairs investigations pending as of the end of the reporting period and data summarizing the nature of the alleged or actual underlying conduct; (4) The number of complaints not sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints filed against each police officer during the reporting and data summarizing the nature of the alleged or actual underlying conduct; City Council 30 – 10 9/16/2025 Ordinance No. NS-XXX Page 9 of 14 The number of disciplinary recommendations issued to the Police Chief and City Manager, as well as the number of recommendations accepted and rejected; The number of complaints referred to other agencies during the reporting period and the identity of such other agencies and data regarding summarizing the nature of the alleged or actual underlying conduct;; (5) The reports or recommendations submitted to the City Council, Police Chief, and City Manager concerning Commission regulations, legislation, or budgetary allocation and Police department policies, procedures, customs, orders, collective bargaining agreements, programs, and training, as well as the appropriate party's response to such reports or recommendations. (l) Perform such other duties as requested by the City Council. All staff work must comply with all federal, state and local laws, including, but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member and Santa Ana Police Department's policies and procedures. (m(k) References to Santa Ana Police Department's policies and procedures in this Division shall mean all current policies and procedures in place that apply to administrative/internal affairs investigations.Administrative/Internal Affairs Investigations. Those policies and procedures shall not be amended in any way that may conflict with this article, unless otherwise required by law. Sec. 2-666. Appointment and role of an independent oversight director. (a) The City Council does hereby authorize the appointment of an Independent Police Oversight Director, pursuant to City Charter Section 1100 and in accordance with this Section 1100. (a) The City Manager shall appoint the IndependentPolice Oversight Director. subject to confirmation by the City Council. The IndependentPolice Oversight Director mayshall be engaged through a professional services agreement or may be hired as an exempt at-will City employee who willand shall serve at the will and pleasure of the City Council and will be subject to removal by majority vote of the City Council. Manager. (b) In addition to regular staff support provided to the Commission, the Independent(b) The Police Oversight Director shall assist the Commission in performing its duties and exercising its powers. (c) After receiving a complaint, tort claim, or lawsuit and when directed by the Commission, the Independent Oversight Director shall, in accordance with this division, conduct investigations of allegations of on-duty Santa Ana Police Officers who have engaged in the following conduct: (1) officer-involved shootings-discharge of a firearm at a person by a Santa Ana peace officer that results in death; City Council 30 – 11 9/16/2025 Ordinance No. NS-XXX Page 10 of 14 (2) in-custody deaths; (3) uses of force that resulted in great bodily injury of a person; (4) prejudice or discrimination involving a protected class; (5) dishonesty; (6) sexual assault; (7) unlawful arrest or unlawful search; (8) unreasonable or excessive force; (9) failure to intervene against another officer using force that is clearly unreasonable/excessive; or (10) unlawful activities/conduct that interferes with First Amendment assemblies. In addition to conducting investigations of complaints, tort claims, and/or lawsuits alleging the type of misconduct set forth in section 2-665(b), the Independent Oversight Director shall also have the independent authority to periodically request and review citizen complaints and "use of force" reports or other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or great bodily injury was caused by direct police action. No investigations(c) The Police Oversight Director shall review and refer to the Chief of Police or its designee timely filed/submitted complaints for the Chief of Police to review and initiate an Internal Affairs investigation. In the event there is a pending Internal Affairs Investigation of police misconduct for the categories outlined in Section 2-665(b) and (c), the Internal Affairs investigation shall take priority pursuant to Government Code Section 3304(d)(1) [within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.] Prior to the final determination by the Chief of Police, the Internal Affairs investigation shall be forwarded to the Police Oversight Director for review, analysis and recommendation to the Commission. Within 45 calendar days from the receipt and at the conclusion of the review by the Commission, the Police Oversight Director shall submit a report with the Commission’s recommendations to the Chief of Police. The Chief of Police shall make best efforts to wait for recommendation(s) from the Commission prior to rendering a final decision, unless doing so would compromise the statute of limitations as set forth in Government Code 3304(d). (d) No review of completed Internal Affairs Investigations shall be commenced on any incidents that occurred prior to the effective date of the Ordinance enacting this Division. Any review of historical data or incidents must comply with all federal, state and local laws, including, but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member and Santa Ana Police Department's policies and procedures. City Council 30 – 12 9/16/2025 Ordinance No. NS-XXX Page 11 of 14 (de) The IndependentPolice Oversight Director shall conduct all audits and investigationsreviews in a fair, objective, impartial, and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et seq.) in interviewing police officers..). The IndependentPolice Oversight Director shall prepare a written report of each reviewed investigation that will constitute the public record and may discuss confidential or privileged information with the Commission in a properly notice closed session. The report shall comply with the provisions of Penal Code Sections 832.5, 832.7 and 832.8 and Evidence Code Sections 1043 through 1046. After review by the Commission, the public recordrecords of the investigationinvestigations for the categories of specified conduct outlined in Section 2-665(b) and (c) shall be posted on the publicCity’s website for the Commission within thirty (30) days. All disclosures. Disclosures of investigations conductedreviewed by the IndependentPolice Oversight Director shall comply with California Penal Code Sections 832.5, 832.7 and 832.8 and California Evidence Code Sections 1043 through 1046, as amended from time to time. The IndependentPolice Oversight Director may discuss findingsconclusions with the Commission and/or the public in strict compliance with California Penal Code Sections 832.5, 832.7 and 832.8 and California Government Code Sections 3300, et seq. (e) The City Manager or their designee shall assist with advertising the position of Independent Oversight Director and shall prepare the necessary documents to engage the Independent Oversight Director. The City Council shall review all qualifying applications and select no more than three (3) applicants to interview for the role of Oversight Director. The Commission shall be permitted the opportunity to review the top three (3) applicants and recommend a candidate to the City Council. The Independent Oversight Director shall be authorized by the City Council under Charter Section 1100 to report directly to the City Council. Sec. 2-667. Budget and support for commission and oversight director. The City Manager shall make a recommendation to the city councilCity Council, as part of the annual City budget, to fund the Commission and any additional labor, consulting, equipment, training, or materials necessary for the Commission and the IndependentPolice Oversight Director to carry out the duties and exercise the powers set forth in this Division. Sec. 2-668 Access to police department records, data and reports. To effectuate meaningful oversight and accountability, the Commission and the IndependentPolice Oversight Director shall have complete and prompt access to all relevant police department records, information, and data, including, but not limited to, audio and video recordings, photographs, police reports, dispatch logs, and other records related to the underlying incidentcategories of oversight as set forth in Section 2-665(b) and (c), to assist the Commission and the IndependentPolice Oversight Director in effectively discharging their respective duties, subject to all federal, state and local laws including any and all restrictions set forth in the Santa Ana Charter, Municipal Codebut not limited to, Government Code Section 3303, et seq., Penal Code Sections City Council 30 – 13 9/16/2025 Ordinance No. NS-XXX Page 12 of 14 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member, Santa Ana Police Department's policies and procedures, and the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et seq.). The Police Department shall designate staff who will timely receive and process requests for records made by the Commission and/or the IndependentPolice Oversight Director. To increase transparency, all data including, but not limited to, stop, detention, arrest, and use of force data, including Racial and Identity Profiling Act ("RIPA") data and reports, that are legally disclosed to the Department of Justice and/or any other federal or state law enforcement agency, shall, at the time of disclosure of that data, be concurrently provided to the Commission and the IndependentPolice Oversight Director. Any information that is confidential and prohibited from disclosure shall be redacted. Sec. 2-669. Rules and records. The for Conducting Commission shall, in consultationBusiness. The City Manager will consult with the IndependentPolice Oversight Director and the City Manager, to develop rules for the transaction of business of theconducting Commission, which rules shall, among other things, include the manner of calling and giving notice of special meetings and hearings, and the appointment and powers of ad hoc and standing subcommittees. Said subcommittees may be formed to work on various topics within the scope of police activities. business. The city councilCity Manager shall adopt the rules for the transaction of business of the Commission. The Commission shall also keep records ofmaintain its resolutions, rules, transactions, motions, orders, findings, and recommendations and determinations. Except , except for those items made confidential by California Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043-1046 or by any other applicable privileges under the law, the records. The resolutions, rules, transactions, motions, and recommendations of the Commission shall be open to the public. Commission reports shall be posted on the City's website and open to public inspection, except that. Any information contained therein that is confidential and prohibited from disclosure under any other applicable law shall be redacted. Sec. 2-670. Severability. Should any provision of this division, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this division or Chapter or the application of this Division or Chapter to any other person or circumstance and, to that end, the provisions hereof are severable. Secs. 2-671—2-699 Reserved. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that City Council 30 – 14 9/16/2025 Ordinance No. NS-XXX Page 13 of 14 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 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _______ day of ___________, 2025. _________________________ Valeria Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: _________________________ Jonathan T. Martinez Assistant City Attorney AYES: Councilmembers: _________________________________ NOES:Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ City Council 30 – 15 9/16/2025 Ordinance No. NS-XXX Page 14 of 14 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ______________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ______________________ ________________________________ City Clerk City of Santa Ana City Council 30 – 16 9/16/2025 State of California GOVERNMENT CODE Section 3300 3300. This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act. (Added by Stats. 1976, Ch. 465.) Government Code - GOV TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) CHAPTER 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) 3300. This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act. (Added by Stats. 1976, Ch. 465.) 3301. For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code. The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California. (Amended by Stats. 1990, Ch. 675, Sec. 1.) 3302. (a) Except as otherwise provided by law, or whenever on duty or in uniform, no public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political activity. (b) No public safety officer shall be prohibited from seeking election to, or serving as a member of, the governing board of a school district. (Amended by Stats. 1978, Ch. 1173.) 3303. When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. (a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, or during the normal wa king hours for the public safety officer, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the public safety officer being interrogated, the public safety officer shall be compensated f or any off-duty time in accordance with regular department procedures, and the public safety officer shall not be released from employment for any work missed. (b) The public safety officer under investigation shall be informed prior to the interrogation o f the rank, EXHIBIT 2 City Council 30 – 17 9/16/2025 name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the public safety officer under interrogation shall be asked by and through no more than two interrogators at one time. (c) The public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation. (d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his or her own personal physical necessities. (e) The public safety officer under interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the public safety officer under interrogation to be subjected to visits by the press or news media without his or her express consent nor shall his or her home address or photograph be given to the press or news media without his or her express consent. (f) No statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications: (1) This subdivision shall not limit the use of statements made by a public safety officer when the employing public safety department is seeking civil sanctions against any public safety officer, including disciplinary action brought under Section 19572. (2) This subdivision shall not prevent the admissibility of statements made by the public safety officer under interrogation in any civil action, including administrative actions, brought by that public safety officer, or that officer’s exclusive representative, arising out of a disciplinary action. (3) This subdivision shall not prevent statements made by a public safety officer under interro gation from being used to impeach the testimony of that officer after an in camera review to determine whether the statements serve to impeach the testimony of the officer. (4) This subdivision shall not otherwise prevent the admissibility of statements made by a public safety officer under interrogation if that officer subsequently is deceased. (g) The complete interrogation of a public safety officer may be recorded. If a tape recording is made of the interrogation, the public safety officer shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the officer’s personnel file. The public safety officer being in terrogated shall have the right to bring his or her own recording device and record any and all aspects of the interrogation. (h) If prior to or during the interrogation of a public safety officer it is deemed that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights. (i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any pub lic safety officer, that officer, at his or her request, shall have the right to be represented by a representative of his or her choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the officer under investigation for noncriminal matters. This section shall not apply to any interrogation of a public safety officer in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. (j) No public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. (Amended by Stats. 1994, Ch. 1259, Sec. 1. Effective January 1, 1995.) City Council 30 – 18 9/16/2025 3304. (a) No public safety officer shall be subjected to punitive action, or denied p romotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure. Nothing in this section shall preclude a head of an agency from ordering a public safety officer to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him or her with insubordination. (b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any public safety officer who has successfully completed the probationary period that may be required by his or her employing agency without providin g the public safety officer with an opportunity for administrative appeal. (c) No chief of police may be removed by a public agency, or appointing authority, without providing the chief of police with written notice and the reason or reasons therefor and an opportunity for administrative appeal. For purposes of this subdivision, the removal of a chief of police by a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of the public agency or appointing authority, for reasons including, but not limited to, incompatibility of managem ent styles or as a result of a change in administration, shall be sufficient to constitute “reason or reasons.” Nothing in this subdivision shall be construed to create a property interest, where one does not exist by rule or law, in the job of Chief of Police. (d) (1) Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. This one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after January 1, 1998. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period. (2) (A) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. (B) If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. (C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies. (D) If the investigation involves more than one employee and requires a reasonable extension. (E) If the investigation involves an employee who is incapacitated or otherwise unavailable. (F) If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending. (G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution. (H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer. (e) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter. (f) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the public safety officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, City Council 30 – 19 9/16/2025 except if the public safety officer is unavailable for discipline. (g) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a public safety officer if both of the following circumstances exist: (1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation. (2) One of the following conditions exist: (A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency. (B) The evidence resulted from the public safety officer’s predisciplinary response or procedure. (h) For those members listed in subdivision (a) of Section 830.2 of the Penal Code, the 30 -day time period provided for in subdivision (f) shall not commence with the service of a preliminary notice of adverse action, should the public agency elect to provide the public safety officer with such a notice. (Amended by Stats. 2009, Ch. 494, Sec. 1. (AB 955) Effective January 1, 2010.) 3304.5. An administrative appeal instituted by a public safety officer under this chapter shall be conducted in conformance with rules and procedures adopted by the local public agency. (Added by Stats. 1998, Ch. 263, Sec. 1. Effective January 1, 1999.) 3305. No public safety officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the public safety officer having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if after reading such instrument the public safety officer refuses to sign it. Should a public safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed by such officer. (Added by Stats. 1976, Ch. 465.) 3305.5. (a) A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by any public agency against any public safety officer solely because that officer’s name has been placed on a Brady list, or that the officer’s name may otherwise be subject to dis closure pursuant to Brady v. Maryland (1963) 373 U.S. 83. (b) This section shall not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel action against a public safety officer based on the underlying acts or omissions for which that officer’s name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, if the actions taken by the public agency otherwise conform to this chapter and to the rules and procedures adopted by the local agency. (c) Evidence that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, shall not be i ntroduced for any purpose in any administrative appeal of a punitive action, except as provided in subdivision (d). (d) Evidence that a public safety officer’s name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer’s name was placed on a Brady list is proven and the officer is found to be subject to some form of punitive action. If the hearing officer or other administrative ap peal tribunal finds or determines that a public safety officer has committed the underlying acts or omissions that will result in a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed. (e) For purposes of this section, “Brady list” means any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office in accordance with the holding in Brady v. Maryland (1963) 373 U.S. 83. (Added by Stats. 2013, Ch. 779, Sec. 1. (SB 313) Effective January 1, 2014.) City Council 30 – 20 9/16/2025 3306. A public safety officer shall have 30 days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. (Added by Stats. 1976, Ch. 465.) 3306.5. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a public safety officer, during usual business hours, with no loss of compensation to the officer, permit that officer to inspect personnel files that are used or have been used to determine that officer’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. (b) Each employer shall keep each public safety officer’s personnel file or a true and correct copy thereof , and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the officer. (c) If, after examination of the officer’s personnel file, the officer believes that any portion of the material is mistakenly or unlawfully placed in the file, the officer may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the officer describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the officer. (d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officer’s request or notify the officer of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the officer. (Added by Stats. 2000, Ch. 209, Sec. 1. Effective January 1, 2001.) 3307. (a) No public safety officer shall be compelled to submit to a lie detector test against hi s or her will. No disciplinary action or other recrimination shall be taken against a public safety officer refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigator’s notes or anywhere else that the public safety officer refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the public safety officer refused to take, or was subjected to, a lie detector test. (b) For the purpose of this section, “lie detector” means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. (Amended by Stats. 1998, Ch. 112, Sec. 1. Effective January 1, 1999.) 3307.5. (a) No public safety officer shall be required as a condition of employment by his or her employing public safety department or other public agency to consent to the use of his or her photograph or identity as a public safety officer on the Intern et for any purpose if that officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his or her family. (b) Based upon his or her reasonable belief that the disclosure of his or her photogr aph or identity as a public safety officer on the Internet as described in subdivision (a) may result in a threat, harassment, intimidation, or harm, the officer may notify the department or other public agency to cease and desist from that disclosure. After the notification to cease and desist, the officer, a district attorney, or a United States Attorney may seek an injunction prohibiting any official or unofficial use by the department or other public agency on the Internet of his or her photograph or id entity as a public safety officer. The court may impose a civil penalty in an amount not to exceed five hundred dollars ($500) per day commencing two working days after the date of receipt of the notification to cease and desist. (Added by Stats. 1999, Ch. 338, Sec. 1. Effective January 1, 2000.) 3308. No public safety officer shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of his family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his offi cial duties, or is necessary for the employing agency to ascertain the desirability of assigning the public safety officer to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. City Council 30 – 21 9/16/2025 (Added by Stats. 1976, Ch. 465.) 3309. No public safety officer shall have his locker, or other space for storage that may be assigned to him searched except in his presence, or with his consent, or unless a valid search warrant has been obtained or where he has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. (Added by Stats. 1976, Ch. 465.) 3309.5. (a) It shall be unlawful for any public safety depart ment to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. (b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to state public safety officers under this chapter or under Section 832.5 of the Penal Code. (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapt er. (d) (1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer. (2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the party’s attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorney’s fees, incurred by a public safety department as the court deems appropriate. Nothing in t his paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure. (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of thi s chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied and for reasonable attorney’s fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public safety department may not be required to indemnify a contractor for the contractor’s liability pursuant to this subdivision if there is, within the contract between the public safety department and the contractor, a “hold harmless” or similar provision that protects the public safety department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public safety department is liable under this section. (Amended by Stats. 2005, Ch. 22, Sec. 70. Effective January 1, 2006.) 3310. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to peace officers the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. (Added by Stats. 1976, Ch. 465.) 3311. Nothing in this chapter shall in any way be construed to limit the use of any public safety agency or any public safety officer in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. (Amended by Stats. 1977, Ch. 579.) 3312. Notwithstanding any other provision of law, the employer of a public safety officer may not take any punitive action against an officer for wearing a pin or displaying any other item containing the American flag, unless the employer gives the officer written notice that includes all of the following: City Council 30 – 22 9/16/2025 (a) A statement that the officer’s pin or other item violates an existing rule, regulation, policy, or local agency agreement or contract regarding the wearing of a pin, or the displaying of any other item, containing the American flag. (b) A citation to the specific rule, regulation, policy, or local agency agreement or contract that the pin or other item violates. (c) A statement that the officer may file an appeal against the employer challenging the alleged violation pursuant to applicable grievance or appeal procedures adopted by the department or public agency that otherwise comply with existing law. (Added by Stats. 2002, Ch. 170, Sec. 2. Effective January 1, 2003.) 3313. In the 2005–06 fiscal year, the Commission on State Mandates shall review its statement of decision regarding the Peace Officer Procedural Bill of Rights test claim and make any modifications necessary to this decision to clarify whether the subject legislation imposed a mandate consistent with the California Supreme Court Decision in San Diego Unified School Dist. v. Commission on State Mandates (2004) 33 Cal.4th 859 and other applicable court decisions. If the Commission on State Mandates revises its statement of decision regarding the Peace Officer Procedural Bi ll of Rights test claim, the revised decision shall apply to local government Peace Officer Procedural Bill of Rights activities occurring after the date the revised decision is adopted. (Added by Stats. 2005, Ch. 72, Sec. 6. Effective July 19, 2005.) City Council 30 – 23 9/16/2025 State of California PENAL CODE Section 832.5 832.5. (a) (1) Each department or agency in this state that employs peace ofﬁcers shall establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public. (2) Each department or agency that employs custodial ofﬁcers, as deﬁned in Section 831.5, may establish a procedure to investigate complaints by members of the public against those custodial ofﬁcers employed by these departments or agencies, provided, however, that any procedure so established shall comply with the provisions of this section and with the provisions of Section 832.7. (b) Complaints and any reports or ﬁndings relating to these complaints, including all complaints and any reports currently in the possession of the department or agency, shall be retained for a period of no less than 5 years for records where there was not a sustained ﬁnding of misconduct and for not less than 15 years where there was a sustained ﬁnding of misconduct. A record shall not be destroyed while a request related to that record is being processed or any process or litigation to determine whether the record is subject to release is ongoing. All complaints retained pursuant to this subdivision may be maintained either in the peace or custodial ofﬁcer’s general personnel ﬁle or in a separate ﬁle designated by the department or agency as provided by department or agency policy, in accordance with all applicable requirements of law. However, prior to any ofﬁcial determination regarding promotion, transfer, or disciplinary action by an ofﬁcer’s employing department or agency, the complaints described by subdivision (c) shall be removed from the ofﬁcer’s general personnel ﬁle and placed in a separate ﬁle designated by the department or agency, in accordance with all applicable requirements of law. (c) Complaints by members of the public that are determined by the peace or custodial ofﬁcer’s employing agency to be frivolous, as deﬁned in Section 128.5 of the Code of Civil Procedure, or unfounded or exonerated, or any portion of a complaint that is determined to be frivolous, unfounded, or exonerated, shall not be maintained in that ofﬁcer’s general personnel ﬁle. However, these complaints shall be retained in other, separate ﬁles that shall be deemed personnel records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and Section 1043 of the Evidence Code. (1) Management of the peace or custodial ofﬁcer’s employing agency shall have access to the ﬁles described in this subdivision. (2) Management of the peace or custodial ofﬁcer’s employing agency shall not use the complaints contained in these separate ﬁles for punitive or promotional City Council 30 – 24 9/16/2025 purposes except as permitted by subdivision (f) of Section 3304 of the Government Code. (3) Management of the peace or custodial ofﬁcer’s employing agency may identify any ofﬁcer who is subject to the complaints maintained in these ﬁles which require counseling or additional training. However, if a complaint is removed from the ofﬁcer’s personnel ﬁle, any reference in the personnel ﬁle to the complaint or to a separate ﬁle shall be deleted. (d) As used in this section, the following deﬁnitions apply: (1) “General personnel ﬁle” means the ﬁle maintained by the agency containing the primary records speciﬁc to each peace or custodial ofﬁcer’s employment, including evaluations, assignments, status changes, and imposed discipline. (2) “Unfounded” means that the investigation clearly established that the allegation is not true. (3) “Exonerated” means that the investigation clearly established that the actions of the peace or custodial ofﬁcer that formed the basis for the complaint are not violations of law or department policy. (Amended by Stats. 2022, Ch. 28, Sec. 125. (SB 1380) Effective January 1, 2023.) City Council 30 – 25 9/16/2025 State of California PENAL CODE Section 832.7 832.7. (a) Except as provided in subdivision (b), the personnel records of peace ofﬁcers and custodial ofﬁcers and records maintained by a state or local agency pursuant to Section 832.5, or information obtained from these records, are conﬁdential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section does not apply to investigations or proceedings concerning the conduct of peace ofﬁcers or custodial ofﬁcers, or an agency or department that employs those ofﬁcers, conducted by a grand jury, a district attorney’s ofﬁce, the Attorney General’s ofﬁce, or the Commission on Peace Ofﬁcer Standards and Training. (b) (1) Notwithstanding subdivision (a), Section 7923.600 of the Government Code, or any other law, the following peace ofﬁcer or custodial ofﬁcer personnel records and records maintained by a state or local agency shall not be conﬁdential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code): (A) A record relating to the report, investigation, or ﬁndings of any of the following: (i) An incident involving the discharge of a ﬁrearm at a person by a peace ofﬁcer or custodial ofﬁcer. (ii) An incident involving the use of force against a person by a peace ofﬁcer or custodial ofﬁcer that resulted in death or in great bodily injury. (iii) A sustained ﬁnding involving a complaint that alleges unreasonable or excessive force. (iv) A sustained ﬁnding that an ofﬁcer failed to intervene against another ofﬁcer using force that is clearly unreasonable or excessive. (B) (i) Any record relating to an incident in which a sustained ﬁnding was made by any law enforcement agency or oversight agency that a peace ofﬁcer or custodial ofﬁcer engaged in sexual assault involving a member of the public. (ii) As used in this subparagraph, “sexual assault” means the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other ofﬁcial favor, or under the color of authority. For purposes of this deﬁnition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault. (iii) As used in this subparagraph, “member of the public” means any person not employed by the ofﬁcer’s employing agency and includes any participant in a cadet, explorer, or other youth program afﬁliated with the agency. City Council 30 – 26 9/16/2025 (C) Any record relating to an incident in which a sustained ﬁnding was made by any law enforcement agency or oversight agency involving dishonesty by a peace ofﬁcer or custodial ofﬁcer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace ofﬁcer or custodial ofﬁcer, including, but not limited to, any false statements, ﬁling false reports, destruction, falsifying, or concealing of evidence, or perjury. (D) Any record relating to an incident in which a sustained ﬁnding was made by any law enforcement agency or oversight agency that a peace ofﬁcer or custodial ofﬁcer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. (E) Any record relating to an incident in which a sustained ﬁnding was made by any law enforcement agency or oversight agency that the peace ofﬁcer made an unlawful arrest or conducted an unlawful search. (2) Records that are subject to disclosure under clause (iii) or (iv) of subparagraph (A) of paragraph (1), or under subparagraph (D) or (E) of paragraph (1), relating to an incident that occurs before January 1, 2022, shall not be subject to the time limitations in paragraph (11) until January 1, 2023. (3) Records that shall be released pursuant to this subdivision include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to ﬁle criminal charges against an ofﬁcer in connection with an incident, whether the ofﬁcer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth ﬁndings or recommended ﬁndings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reﬂecting modiﬁcations of discipline due to the Skelly or grievance process, and letters indicating ﬁnal imposition of discipline or other documentation reﬂecting implementation of corrective action. Records that shall be released pursuant to this subdivision also include records relating to an incident speciﬁed in paragraph (1) in which the peace ofﬁcer or custodial ofﬁcer resigned before the law enforcement agency or oversight agency concluded its investigation into the alleged incident. (4) A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision. (5) If an investigation or incident involves multiple ofﬁcers, information about allegations of misconduct by, or the analysis or disposition of an investigation of, an ofﬁcer shall not be released pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1), unless it relates to a sustained ﬁnding regarding that ofﬁcer that is itself subject City Council 30 – 27 9/16/2025 to disclosure pursuant to this section. However, factual information about that action of an ofﬁcer during an incident, or the statements of an ofﬁcer about an incident, shall be released if they are relevant to a ﬁnding against another ofﬁcer that is subject to release pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1). (6) An agency shall redact a record disclosed pursuant to this section only for any of the following purposes: (A) To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace and custodial ofﬁcers. (B) To preserve the anonymity of whistleblowers, complainants, victims, and witnesses. (C) To protect conﬁdential medical, ﬁnancial, or other information of which disclosure is speciﬁcally prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct and use of force by peace ofﬁcers and custodial ofﬁcers. (D) Where there is a speciﬁc, articulable, and particularized reason to believe that disclosure of the record would pose a signiﬁcant danger to the physical safety of the peace ofﬁcer, custodial ofﬁcer, or another person. (7) Notwithstanding paragraph (6), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information. (8) An agency may withhold a record of an incident described in paragraph (1) that is the subject of an active criminal or administrative investigation, in accordance with any of the following: (A) (i) During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the misconduct or use of force occurred or until the district attorney determines whether to ﬁle criminal charges related to the misconduct or use of force, whichever occurs sooner. If an agency delays disclosure pursuant to this clause, the agency shall provide, in writing, the speciﬁc basis for the agency’s determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information. (ii) After 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an ofﬁcer who engaged in misconduct or used the force. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the speciﬁc basis for the agency’s determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the speciﬁc basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner. City Council 30 – 28 9/16/2025 (iii) After 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against someone other than the ofﬁcer who engaged in the misconduct or used the force. If an agency delays disclosure under this clause, the agency shall, at 180-day intervals, provide, in writing, the speciﬁc basis why disclosure could reasonably be expected to interfere with a criminal enforcement proceeding, and shall provide an estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the speciﬁc basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner, unless extraordinary circumstances warrant continued delay due to the ongoing criminal investigation or proceeding. In that case, the agency must show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal investigation or proceeding outweighs the public interest in prompt disclosure of records about misconduct or use of force by peace ofﬁcers and custodial ofﬁcers. The agency shall release all information subject to disclosure that does not cause substantial prejudice, including any documents that have otherwise become available. (iv) In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, an agency may justify delay by ﬁling an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. (B) If criminal charges are ﬁled related to the incident in which misconduct occurred or force was used, the agency may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018. (C) During an administrative investigation into an incident described in paragraph (1), the agency may delay the disclosure of records or information until the investigating agency determines whether the misconduct or use of force violated a law or agency policy, but no longer than 180 days after the date of the employing agency’s discovery of the misconduct or use of force, or allegation of misconduct or use of force, by a person authorized to initiate an investigation. (9) A record of a complaint, or the investigations, ﬁndings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as deﬁned in Section 128.5 of the Code of Civil Procedure, or if the complaint is unfounded. (10) The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records. (11) Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (8), records subject to disclosure under this subdivision shall City Council 30 – 29 9/16/2025 be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure. (12) (A) For purposes of releasing records pursuant to this subdivision, the lawyer-client privilege does not prohibit the disclosure of either of the following: (i) Factual information provided by the public entity to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the public entity’s attorney. (ii) Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the public entity and its attorney. (B) This paragraph does not prohibit the public entity from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. (13) Notwithstanding subdivision (a) or any other law, an agency that formerly employed a peace ofﬁcer or custodial ofﬁcer may, without receiving a request for disclosure, disclose to the public the termination for cause of that ofﬁcer by that agency for any disclosable incident, including those described in subparagraphs (A) to (E), inclusive, of paragraph (1). Any such disclosure shall be at the discretion of the agency and shall not include any information otherwise prohibited from disclosure. This paragraph is declaratory of existing law. (c) Notwithstanding subdivisions (a) and (b), a department or agency shall release to the complaining party a copy of the complaining party’s own statements at the time the complaint is ﬁled. (d) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial ofﬁcers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its ofﬁcers if that information is in a form which does not identify the individuals involved. (e) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial ofﬁcers may release factual information concerning a disciplinary investigation if the ofﬁcer who is the subject of the disciplinary investigation, or the ofﬁcer’s agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial ofﬁcer’s employer unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the ofﬁcer’s personnel ﬁle concerning the disciplinary investigation or imposition of disciplinary action that speciﬁcally refute the false statements made public by the peace or custodial ofﬁcer or their agent or representative. (f) (1) The department or agency shall provide written notiﬁcation to the complaining party of the disposition of the complaint within 30 days of the disposition. City Council 30 – 30 9/16/2025 (2) The notiﬁcation described in this subdivision is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States. (g) This section does not affect the discovery or disclosure of information contained in a peace or custodial ofﬁcer’s personnel ﬁle pursuant to Section 1043 of the Evidence Code. (h) This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to subdivision (a), which codiﬁes the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531. (i) Nothing in this chapter is intended to limit the public’s right of access as provided for in Long Beach Police Ofﬁcers Association v. City of Long Beach (2014) 59 Cal.4th 59. (Amended by Stats. 2024, Ch. 3, Sec. 1. (SB 400) Effective January 1, 2025.) City Council 30 – 31 9/16/2025 State of California PENAL CODE Section 832.8 832.8. As used in Section 832.7, the following words or phrases have the following meanings: (a) “Personnel records” means any ﬁle maintained under that individual’s name by his or her employing agency and containing records relating to any of the following: (1) Personal data, including marital status, family members, educational and employment history, home addresses, or similar information. (2) Medical history. (3) Election of employee beneﬁts. (4) Employee advancement, appraisal, or discipline. (5) Complaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties. (6) Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy. (b) “Sustained” means a ﬁnal determination by an investigating agency, commission, board, hearing ofﬁcer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the actions of the peace ofﬁcer or custodial ofﬁcer were found to violate law or department policy. (c) “Unfounded” means that an investigation clearly establishes that the allegation is not true. (Amended by Stats. 2018, Ch. 988, Sec. 3. (SB 1421) Effective January 1, 2019.) City Council 30 – 32 9/16/2025 STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL State of California EVIDENCE CODE Section 1040-1047 Evidence Code - EVID DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. ) 1040. (a) As used in this section, “official information” means information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed, to the public prior to the time the claim of privilege is made. (b) A public entity has a privilege to refuse to disclose official information, and to prevent another from disclosing official information, if the privilege is claimed by a person authorized by the public entity to do so and either of the following apply: (1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state. (2) Disclosure of the information is against the public interest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice; but no privilege may be claimed under this paragraph if any person authorized to do so has consented that the information be disclosed in the proceeding. In determining whether disclosure of the information is against the public interest, the interest of the public entity as a party in the outcome of the proceeding may not be considered. (c) Notwithstanding any other law, the Employment Development Department shall disclose to law enforcement agencies, in accordance with subdivision (i) of Section 1095 of the Unemployment Insurance Code, inf ormation in its possession relating to any person if an arrest warrant has been issued for the person for commission of a felony. (Amended by Stats. 2015, Ch. 20, Sec. 1. (SB 79) Effective June 24, 2015.) 1041. (a) Except as provided in this section, a p ublic entity has a privilege to refuse to disclose the identity of a person who has furnished information as provided in subdivision (b) purporting to disclose a violation of a law of the United States or of this state or of a public entity in this state, and to prevent another from disclosing the person’s identity, if the privilege is claimed by a person authorized by the public entity to do so and either of the following apply: City Council 30 – 33 9/16/2025 STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL (1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state. (2) Disclosure of the identity of the informer is against the public interest because the necessity for preserving the confidentiality of his or her identity outweighs the necessity for disclosure in the interest of justice. The p rivilege shall not be claimed under this paragraph if a person authorized to do so has consented that the identity of the informer be disclosed in the proceeding. In determining whether disclosure of the identity of the informer is against the public inter est, the interest of the public entity as a party in the outcome of the proceeding shall not be considered. (b) The privilege described in this section applies only if the information is furnished in confidence by the informer to any of the following: (1) A law enforcement officer. (2) A representative of an administrative agency charged with the administration or enforcement of the law alleged to be violated. (3) Any person for the purpose of transmittal to a person listed in paragraph (1) or (2). As used in this paragraph, “person” includes a volunteer or employee of a crime stopper organization. (c) The privilege described in this section shall not be construed to prevent the informer from disclosing his or her identity. (d) As used in this section, “crime stopper organization” means a private, nonprofit organization that accepts and expends donations used to reward persons who report to the organization information concerning alleged criminal activity, and forwards the information to the appropriate law enforcement agency. (Amended by Stats. 2013, Ch. 19, Sec. 1. (AB 1250) Effective January 1, 2014.) 1042. (a) Except where disclosure is forbidden by an act of the Congress of the United States, if a claim of privilege under this article by the state o r a public entity in this state is sustained in a criminal proceeding, the presiding officer shall make such order or finding of fact adverse to the public entity bringing the proceeding as is required by law upon any issue in the proceeding to which the p rivileged information is material. (b) Notwithstanding subdivision (a), where a search is made pursuant to a warrant valid on its face, the public entity bringing a criminal proceeding is not required to reveal to the defendant official information or the identity of an informer in order to establish the legality of the search or the admissibility of any evidence obtained as a result of it. (c) Notwithstanding subdivision (a), in any preliminary hearing, criminal trial, or other criminal proceeding, any otherwise admissible evidence of information communicated to a peace officer by a confidential informant, who is not a material witness to the guilt or innocence of the accused of the offense charged, is admissible on the issue of reasonable cause to make an arrest or search without requiring that the name or identity of the informant be disclosed if the judge or City Council 30 – 34 9/16/2025 STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL magistrate is satisfied, based upon evidence produced in open court, out of the presence of the jury, that such information was received from a relia ble informant and in his discretion does not require such disclosure. (d) When, in any such criminal proceeding, a party demands disclosure of the identity of the informant on the ground the informant is a material witness on the issue of guilt, the court shall conduct a hearing at which all parties may present evidence on the issue of disclosure. Such hearing shall be conducted outside the presence of the jury, if any. During the hearing, if the privilege provided for in Section 1041 is claimed by a person authorized to do so or if a person who is authorized to claim such privilege refuses to answer any question on the ground that the answer would tend to disclose the identity of the informant, the prosecuting attorney may request that the court hold an in camera hearing. If such a request is made, the court shall hold such a hearing outside the presence of the defendant and his counsel. At the in camera hearing, the prosecution may offer evidence which would tend to disclose or which discloses the identity of the informant to aid the court in its determination whether there is a reasonable possibility that nondisclosure might deprive the defendant of a fair trial. A reporter shall be present at the in camera hearing. Any transcription of the proceedings at t he in camera hearing, as well as any physical evidence presented at the hearing, shall be ordered sealed by the court, and only a court may have access to its contents. The court shall not order disclosure, nor strike the testimony of the witness who invok es the privilege, nor dismiss the criminal proceeding, if the party offering the witness refuses to disclose the identity of the informant, unless, based upon the evidence presented at the hearing held in the presence of the defendant and his counsel and the evidence presented at the in camera hearing, the court concludes that there is a reasonable possibility that nondisclosure might deprive the defendant of a fair trial. (Amended by Stats. 1969, Ch. 1412.) 1043. (a) In any case in which discovery or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of the Penal Code or information from those records, the party seeking the discovery or disclosure shall file a written motion with the approp riate court or administrative body upon written notice to the governmental agency that has custody and control of the records, as follows: (1) In a civil action, the written notice shall be given at the times prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure. (2) In a criminal action, the written notice shall be served and filed at least 10 court days before the hearing. All papers opposing a motion so noticed shall be filed with the court at least five court days, and all reply papers at least two court days, before the hearing. Proof of service of the notice shall be filed no later than five court days before the hearing. (b) The motion shall include all of the following: (1) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the governmental agency that has custody and control of the records, City Council 30 – 35 9/16/2025 STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL and the time and place at which the motion for discovery or disclosure shall be heard. (2) A description of the type of records or information sought. (3) Affidavits showing good cause for the discov ery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation and stating upon reasonable belief that the governmental agency identified has the records or information from the records. (c) Upon receipt of a notice served pursuant to subdivision (a), the governmental agency shall immediately notify the individual whose records are sought. (d) No hearing upon a motion for discovery or disclosure shall be held without full compliance with the notice provisions of this section except upon a showing by the moving party of good cause for noncompliance, or upon a waiver of the hearing by the governmental agency identified as having the records. (Amended by Stats. 2019, Ch. 585, Sec. 2. (AB 1600) Effective January 1, 2020.) 1044. Nothing in this article shall be construed to affect the right of access to records of medical or psychological history where such access would otherwise be available under Section 996 or 1016. (Added by Stats. 1978, Ch. 630.) 1045. (a) This article does not affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those investigations, concerning an event or transaction in which the peace officer or custodial officer, as defined in Section 831.5 of the Penal Code, participated, or which the officer perceived, and pertaining to the manner in which the officer performed the officer’s duties, provided that information is relevant to the subject matter involved in the pending litigation. (b) In determining relevance, the court shall examine the information in chambers in conformity with Section 915, and shall exclude from disclosure both of the following: (1) In any criminal proceeding the conclusions of any officer in vestigating a complaint filed pursuant to Section 832.5 of the Penal Code. (2) Facts sought to be disclosed that are so remote as to make disclosure of little or no practical benefit. (c) In determining relevance where the issue in litigation concerns th e policies or pattern of conduct of the employing agency, the court shall consider whether the information sought may be obtained from other records maintained by the employing agency in the regular course of agency business which would not necessitate the disclosure of individual personnel records. (d) Upon motion seasonably made by the governmental agency which has custody or control of the records to be examined or by the officer whose records are sought, and upon good cause showing the necessity thereof, the court may make any order City Council 30 – 36 9/16/2025 STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL which justice requires to protect the officer or agency from unnecessary annoyance, embarrassment or oppression. (e) The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043, order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law. (Amended by Stats. 2021, Ch. 402, Sec. 1. (SB 16) Effective January 1, 2022.) 1046. In any case, otherwise authorized by law, in which the party seeking disclosure is alleging excessive force by a peace officer or custodial officer, as defined in Section 831.5 of the Penal Code, in connection with the arrest of that party, or for conduct alleged to have occurred within a jail facility, the motion shall include a copy of the police report setting forth the circumstances under which the party was stopped and arrested, or a copy of the crime report setting forth the circumstances under which the conduct is alleged to have occurred within a jail facility. (Amended by Stats. 2002, Ch. 391, Sec. 3. Effective January 1, 2003.) 1047. (a) Records of peace officers or custodial officers, as defined in Section 831.5 of the Penal Code, including supervisorial officers, who either were not present during the arrest or had no contact with the party seeking disclosure from the time of the arrest until the time of booking, or who were not present at the time the conduct at issue is alleged to have occurred within a jail facility, shall not be subject to disclosure. (b) Notwithstanding subdivision (a), if a supervisorial officer whose records are being sought had direct oversight of a peace officer or a custodial officer, as defined in Section 831.5 of the Penal Code and issued command directives or had command influence over the circumstances at issue, the supervisorial officer’s records shall be subject to disclosure pursuant to Section 1045 if the peace officer or custodial officer under supervisio n was present during the arrest, had contact with the party seeking disclosure from the time of the arrest until the time of booking, or was present at the time the conduct at issue is alleged to have occurred within a jail facility. (Amended by Stats. 2019, Ch. 585, Sec. 3. (AB 1600) Effective January 1, 2020.) City Council 30 – 37 9/16/2025