Exhibit 5 — Santa Ana City Council, October 15, 2024

FINAL
Initial Study and Mitigated Negative Declaration
10th and Flower Street Park Project
Santa Ana, California
Lead Agency:

City of Santa Ana Public Works Agency
20 Civic Center Plaza, Ross Annex, M -20
Santa Ana, CA 92701

Prepared by:

2861 Pullman Street
Santa Ana, CA 92705
October 2024

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TABLE OF CONTENTS
TABLE OF CONTENTS ........................................................................................................................................................ 1 LIST OF TABLES ................................................................................................................................................................... 2 LIST OF APPENDICES ......................................................................................................................................................... 2 FINAL MITIGATED NEGATIVE DECLARATION............................................................................................................... 1 Mitigation Measures Incorporated into the Project to Avoid Significant Effects:.................................. 1

1.0 INTRODUCTION............................................................................................................................................... 1-1

2.0 PROJECT OVERVIEW ....................................................................................................................................... 2-1

2.1 Project Background.......................................................................................................................... 2-1

2.2 Project Characteristics ..................................................................................................................... 2-1

2.2.1 Project Components ......................................................................................................... 2-1

2.2.2 Demolition of Two Single-Family Residences ............................................................. 2-2

2.2.3 Zone Change ...................................................................................................................... 2-2

2.2.4 Parking and Access ........................................................................................................... 2-2

2.2.5 Site Drainage ...................................................................................................................... 2-2

2.2.6 Excavation and Grading ................................................................................................... 2-2

2.2.7 Security Features and Lighting ....................................................................................... 2-2

2.3 Project Funding................................................................................................................................ . 2-3

2.3.1 Land and Water Conservation Fund .............................................................................. 2-3

2.3.2 American Rescue Plan Act Funds ................................................................................... 2-3

2.4 Project Timing ................................................................................................................................... 2-3

3.0 COMMENTS AND RESPONSES ..................................................................................................................... 3-1

4.0 CLARIFICATIONS TO THE DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ............... 4-1

4.1 Introduction ....................................................................................................................................... 4-1

4.2 Clarifications ...................................................................................................................................... 4-1

4.2.1 Project Timing .................................................................................................................... 4-1

4.2.2 Tribal Cultural Resources ................................................................................................ . 4-1

5.0 MITIGATION MONITORING AND REPORTING PLAN .............................................................................. 5-1

5.1 Introduction ....................................................................................................................................... 5-1

5.2 Purpose of the Mitigation Monitoring and Reporting Plan .................................................... 5-1

5.3 Roles and Responsibilities .............................................................................................................. 5-1

5.4 Mitigation Monitoring and Reporting Plan ................................................................................ 5-1 Appendix A ........................................................................................................................................................................ 23

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LIST OF TABLES
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan ......................... 5-3

LIST OF APPENDICES
Appendix A – Draft Initial Study/Mitigated Negative Declaration

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FINAL MITIGATED NEGATIVE DECLARATION
Lead Agency: City of Santa Ana Public Works Agency
Project Proponent: City of Santa Ana Public Works Agency Project Location: The Project is located at the southeast corner of 10th Street and Flower Street, just north of Civic Center Boulevard in the City of Santa Ana.

Project Description: The Proposed Project entails the construction of a new approximately 1.4- acre neighborhood park located at the southeast corner of 10th Street and Flower Street, just north of Civic Center Boulevard. The intent of this park is to provide the local community with access to open space, exercise, and recreation facilities. The Pr oject components included within the park concept plan consist of a basketball court, skate park, playground area with rubberized play surface, an exercise area, canvas shade structures, turf play areas, new site lighting, water wise landscaping with shade trees, automated irrigation system, site furnishings including benches, bike racks, trash receptacles, drinking fountain and picnic tables, and a park monument sign. This park would be a walk-up, pedestrian park without a vehicle parking lot and would primarily serve the local neighborhood. No restrooms or staff would be present. The Project also includes a zone change from Professional (P) to Open Space (O).

Mitigation Measures Incorporated into the Project to Avoid Significant Effects:

Biological Resources
BIO-1: Pre-Construction Nesting Bird Survey. If ground disturbing Project activities, tree trimming, or tree removal are scheduled to occur during the nesting bird season (February 1 – August 30), a qualified biologist shall conduct a pre -construction nesting bird survey to ensure that active bird ne sts will not be disturbed or destroyed. The survey shall be completed no more than 3 working days prior to initial ground disturbance. The nesting bird survey shall include the Project Site and adjacent areas where project activities have the potential to affect active nests, either directly or indirectly due to construction activity, noise, or vibrations. If an active nest is identified, a qualified biologist shall establish an appropriate disturbance limit buffer around the nest using flagging or staking. Construction activities shall not occur within any disturbance limit buffer zones until the nest is deemed inactive by the qualified biologist.

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Cultural Resources
CUL-1: Contractor Awareness Training Program. The City of Santa Ana shall ensure that a Contractor Awareness Training Program about cultural resources is delivered to train equipment operators. The program shall be designed to inform construction personnel about: federal and state regulations pertaini ng to cultural resources and tribal cultural resources; the subsurface indicators of resources that shall require a work stoppage; procedures for notifying the City of any occurrences; project -specific requirements and mitigation measures; and enforcement of penalties and repercussions for non- compliance with the program.

The training shall be prepared by a qualified professional archaeologist and may be provided either through a brochure, video, or in-person tailgate meeting, as determined appropriate by the archaeologist. The training shall be provided to all construction supervisors, forepersons, and operators of ground-disturbing equipment. All personnel shall be required to sign a training roster. The construction manager is responsible for ensuring that all required personnel receive the training. The Construction Mana ger shall provide a copy of the signed training roster to the City as proof of compliance.

CUL-2: Unanticipated discoveries. If subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100 -foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find:
 If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately and no agency notifications are required.
 If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the City. The City shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined by CEQA or a historic property under Section 106 NHPA, if applicable. Work may not resume within the no -work radius until the City, through consultation as appropriate, determines that the site either: 1) is not a Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed to their satisfaction.  If the find includes human remains, or remains that are potentially human, they shall ensure reasonable protection measures are taken to protect the discovery from disturbance (AB 2641). The archaeologist shall notify the Orange County Coroner (per Section 7050.5 of the Health and Safety Code). The provisions of Section 7050.5 Final Initial Study and Mitigated Negative Declaration
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of the California Health and Safety Code, Section 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the Project (Section 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the PRC).

If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the PRC). Th is will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641).

Work may not resume within the no -work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction.

Geology and Soils
GEO-1: Unanticipated Discovery of Paleontological Resources. If paleontological resources are discovered during construction, all work must halt within a 100-foot radius of the discovery and a qualified paleontologist will be retained to evaluate the find. The paleontologist shall notify the lead agency if the find is significant. The paleontologist shall evaluate the significance of the find and shall have the authority to modify the no -work radius as appropriate, using professional judgment. The qualified paleontologist will evaluate the significance of the find and recommend appropriate measures for the disposition of the find (e.g., fossil recovery, curation, data recovery, and/or monitoring). Construction activities may continue on other parts of the construction site while evaluation and treatment of the paleontological resource takes place.

Noise
NOI-1: Hours of Construction. Project construction shall be limited to the City standard exempted hours of 7:00 a.m. through 5 :00 p.m., Monday through Friday . All Project construction is prohibited on Sundays.

Tribal Cultural Resources
TCR-1: Monitoring Agreement. Prior to the commencement of ground disturbing activities, the City shall extend the offer to enter into a tribal monitoring agreement with the Gabrieleño Band of Mission Indians – Kizh Nation, Gabrielino Tongva Indians of California, and Juaneño Band of Mission Indians, Acjachemen Nation. The offer to execute a monitor agreement shall be made at least 30 days 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 Final Initial Study and Mitigated Negative Declaration
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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.
 For the purpose of compliance with this measure, the City shall accept any of the following circumstances to be compliant with this measure: a) that tribes entering into agreements with the City rotate the monitoring duties among them; b) that only one tribe enters into an agreement with the City to monitor exclusively; or c) that all three tribes enter into agreements with the City and each provide full -time monitors. In the unlikely event that no tribes are willing to enter into a tribal monitoring agreement with the City, then work can proceed without a tribal monitor provided that an archaeological monitor is present and that the offer to all three tribes was extended and documented. − In the event that one or more Tribe chooses not to enter into an agreement or fails to respond to the offer, the City shall allow construction to proceed without the Native American monitor(s) as long as the offer was extended and documented.  The monitors 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 culturally affiliated Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, re mains, 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/lead agency upon completion of the Project.
 On-site tribal monitoring shall conclude upon the latter of the following:
− Written confirmation to consulting culturally affiliated Tribe from a designated point of contact for the project applicant/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
− A determination and written notification by the culturally affiliated Tribe to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact cultu rally affiliated Tribal TCRs.

TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non- Ceremonial). Upon discovery of any 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 approved culturally af filiated Tribal monitor and/or archaeologist. The culturally affiliated Tribe will recover and retain all discovered TCRs in the form and/or manner all consulting culturally affiliated Tribes deems Final Initial Study and Mitigated Negative Declaration
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appropriate, and for any purpose the consulting culturally affiliated Tribes deem appropriate, including for educational, cultural and/or historic purposes.

TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects. If human remains or funerary objects are encountered during any activities associated with the Project:
 Work in the immediate vicinity (i.e., not less than the surrounding 100 feet) shall cease and the Orange County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code shall be enforced for the duration of the Project. Inadvertent discoveries of human remains and/or funerary object(s) are subject to California State Health and Safety Code Section 7050.5, and the subsequent disposition of those discoveries shall be decided by the Most Likely Descendant (MLD), as determined by the Native American Heritage Commission (NAHC), should those findings be determined as Native American in origin.
 The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open spac e or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641).  Work may not resume within the no -work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction .

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Introduction 1-1 October 2024
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1.0 INTRODUCTION
This document is the Final Initial Study/Mitigated Negative Declaration (IS/MND), including the Responses to Comments and the Mitigation Monitoring and Reporting Plan (MMRP), for the 10th and Flower Street Park Project (Proposed Project). It has been prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resource Code Section 21000 et. seq.) and the State CEQA Guidelines (14 California Code of Regulations Section 15000 et seq.), as amended. This Final IS/MND document supplements the Draft IS/MND released for public review on September 4, 2024.

The City of Santa Ana (City) is the Lead Agency for the proposed Project . On September 4, 2024 the City distributed the Draft IS/MND for the Proposed Project to public agencies and the general public for review and comment. In accordance with the State CEQA Guidelines, the IS/MND was circulated for a 30- day review period, which is in excess of CEQA’s required 30-day review period. The review period concluded on October 4, 2024. This Final IS/MND and MMRP document is organized as follows:
 Section 1.0 provides a discussion of the purpose of the document and discusses the structure of the document;
 Section 2.0 contains a summary of the Project description;  Section 3.0 includes the comment letters received and responses to these comments;  Section 4.0 includes corrections and clarifications made to the Draft IS/MND in response to comments and a discussion regarding why these changes do not require recirculation for the Draft IS/MND; and
 Section 5.0 contains the Mitigation Monitoring and Reporting Plan (MMRP).

This Final IS/MND and MMRP document and the Draft IS/MND (Appendix A) together constitute the environmental document record for the Proposed Project.

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Project Overview 2-1 October 2024
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2.0 PROJECT OVERVIEW

2.1 Project Background
In May 2022, the Santa Ana City Council adopted a Parks Master Plan that provides goals to develop parkland within a 10-minute walk for all residents, and three acres of parkland per 1,000 residents citywide. The proposed 10th and Flower Park is intended to create a recreational amenity in a “park gap” area, serve four adjacent neighborhoods, and create a new park that was identified in the Parks Master Plan.

2.2 Project Characteristics

2.2.1 Project Components
The Proposed Project entails the construction of a new 1.4 -acre neighborhood park located at the southeast corner of 10th Street and Flower Street, just north of Civic Center Boulevard. The intent of this park is to provide the local community with access to open space, exercise, and recreation facilities.

Based on input from the local community, the Project would include the following:
 A playground area, with rubberized play surface
 Fitness area
 Basketball court
 Skate park
 Canvas shade structures (20 feet high)
 Turf play area, site lighting with new electrical service  Water wise landscaping with shade trees
 Automated irrigation system with new water service
 Site furnishings including benches, bike racks, trash receptacles, drinking fountain, and picnic tables
 Park monument sign
 Perimeter right -of-way (ROW) improvements, including sidewalks and landscaping  Hybrid crosswalk beacon across Flower Street
 Underground bioretention facilities

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2.2.2 Demolition of Two Single -Family Residences
Two existing single-family residences are present on the Project Site; these buildings would be demolished as part of the Project.

2.2.3 Zone Change
The Project would require a zone change from Professional (P) to Open Space (O).

2.2.4 Parking and Access
This park would be a walk-up, pedestrian park without a vehicle parking lot that would primarily serve the local neighborhood. Pedestrian access would be provided from existing and proposed sidewalks along 10th Street and Flower Street. No restrooms would be available.

The Project includes closure of 10th Street at the Project boundary west to Flower Street and construction of a cul-de-sac. The cul-de-sac would include a 35-foot turn radius. The Project also includes demolition of Garnsey Street; this area would be included in the park design.

2.2.5 Site Drainage
The Project includes approximately 20,500 square -feet (SF) of irrigated landscape and approximately 30,700 SF of non-irrigated surfaces like concrete sidewalks and rubber surfacing. For drainage facilities, a storm drain system connected to catch basins would collect all water from the Project Site and direct it to natural bioswales located along the western and southern Project boundaries for infiltration into the ground. Additional storm quality controls include capturing water from Flower Street and treating the 85th percentile storm event. To address the existing flooding along Flower Street, an underground bio - retention storage facility would be installed underneath the proposed basketball court to store approximately 54,800 cubic feet of water for infiltration. This approach is designed to alleviate some of the flood concerns along Flower Street.

2.2.6 Excavation and Grading
The maximum depth of disturbance would be approximately 13 feet. Site grading would mainly be balanced, however there would be an export for the excavation of the water treatment facilities. The approximate export would be 5,500 cubic yards. This soil would be disposed of at nearby landfills including the Frank R. Bowerman Landfill in Irvine, Olinda Alpha Landfill in Brea, and Prima Deshecha Landfill in San Juan Capistrano.

2.2.7 Security Features and Lighting
Hours of operation for the 10th and Flower Street Park would be 6:00 a.m. to 10:00 p.m. daily. A security guard would be posted on rotation and available on -call.

The park boundary would include fencing along Flower Street. The skate park would be gated and enclosed with fencing on all sides. The park would provide security lighting located along walkways and

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pathways and within the playgrounds/natural play areas for children. The proposed down-shield lighting would be timer controlled and remain on through the evening and automatically shut off during the day.

2.3 Project Funding

2.3.1 Land and Water Conservation Fund
The Proposed Project will be partially funded by the Land and Water Conservation Fund (LWCF) grant from the National Parks Service (NPS). This grant will cover the southern half of the park site including the basketball court, skate park, fitness zone, pla yground, and picnic areas.

2.3.2 American Rescue Plan Act Funds
The Proposed Project will be partially funded by American Rescue Plan Act (ARPA) funds. These funds will cover the northern half of the park site including the 10 th Street cul-de-sac, picnic areas, and hybrid
crosswalk beacon.

2.4 Project Timing
The Project would be constructed in two phases. Project construction is anticipated to begin in Spring 2025 and occur through Spring 2026. Phase 1 would include closure of 10th Street and construction of the cul-de-sac, crosswalk, and site preparation for the northern picnic area. Phase 2 would demolish the existing single-family residences and construct the remaining park amenities including the basketball court, skate park, playground, fitness area, picnic areas, turf, and bioswales. This phase also inclu des construction of the underground bio -retention facilities.

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3.0 COMMENTS AND RESPONSES
The 30-day public review period began on September 4, 2024 and ended on October 4, 2024. In conformance with Section 15088(a) of the State CEQA Guidelines, the City is required to consider comments received during the public review period. No comment letter s were received.

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4.0 CLARIFICATIONS TO THE DRAFT INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION

4.1 Introduction
As a result of comments received on the proposed Project , clarifications have been made to the Draft IS/MND text, which include:

1. Minor changes to Project Timing .

2. Minor changes to Section 4.18 Tribal Cultural Resources .

According to Section 15073.5 of the CEQA Guidelines, “a substantial revision shall mean:
(1) A new, avoidable significant effect is identified, and mitigation measures or project revisions must be added in order to reduce the effect to insignificance, or (2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required.”
The clarifications are provided below along with substantiation as to why the change does not constitute a "substantial revision" pursuant to Section 15073.5. Changes in text are identified by strikeout where text is removed and by underline where text is added.

4.2 Clarifications

4.2.1 Project Timing
Addition of language to clarify the Project construction timeline. This clarification does not constitute a substantial revision because the clarifications do not identify a new avoidable significant effect or require a new mitigation measure.

4.2.1.1 Page 2-6 of the Draft IS/MND:

The Project would be constructed in two phases. Project construction is anticipated to begin in Fall 2024 Spring 2025 and occur through Fall 2025 Spring 2026. Phase 1 would include closure of 10 th Street and construction of the cul-de-sac, crosswalk, and site preparation for the northern picnic area. Phase 2 would demolish the existing single-family residences and construct the remaining park amenities including the basketball court, skate park, playground, fitness area, picnic areas, turf, and bioswales. This phase also includes construction of the underground bio -retention facilities.

4.2.2 Tribal Cultural Resources
Addition of language to Section 4.18 Tribal Cultural Resources. This change was made to clarify the scope of tribal consultation under AB 52 and SB 18. This clarification does not constitute a substantial revision Final Initial Study and Mitigated Negative Declaration
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because the clarifications do not identify a new avoidable significant effect or require a new mitigation measure.

4.2.2.1 Page 4-84 of the Draft IS/MND:

The Gabrieleno Band of Mission Indians – Kizh Nation (Tribe) requested consultation in an email dated July 3, 2024. The City contacted the tribal office by email on July 8, 2024, and suggested several possible times to meet. The Tribe offered to perform co nsultation via email, to which the City agreed. The Tribe provided historical tribal information to the City via email on July 31, 2024. The Tribe stated that there was a potential to encounter tribal cultural resources (TCRs) such as artifacts during construction because of the Project’s location in the Santa Ana TCR landscape. The Tribe provided three mitigation measures including tribal monitoring, treatment of non-ceremonial/non funerary objects, and treatment of human remains and associated funerary or ceremonial objects. The City revised the mitigation and provided the edits to the Tribe on August 15, 2024. The City concluded consultation on August 21, 2024.

On September 5, 2024, the Kizh Nation provided a letter to the City via email. In this letter, the Kizh Nation stated they do not believe a good faith effort was completed for the Project, with specific concerns regarding “appropriate tribal representation, particularly concerning tribes with ancestral connections to the project location.” On September 26, 2024 the City replied with an email stating that the City has been consulting with three culturally affiliated tribes on this Project using the process dictated by state laws AB 52 and SB 18 since May 2, 2024. During this process, information from the other consulting tribes, including presence of a TCR, had been provided to the City. Based on consultation, the City has determined that tribal monitoring is necessary; however, the City cannot exclude the tribes who have provided information on TCRs and participated in consultation from monitoring. Therefore, t he City did not accept the suggested edits to the mitigation measure language. The City concluded co nsultation on September 26, 2024.

The Gabrielino Tongva Indians of California responded via email on May 29, 2024 and requested a copy of the cultural resources report. The report was provided on July 22, 2024. On August 7, 2024, the Tribe requested a monitor during all ground disturbing a ctivities. The City provided a proposed set of mitigation measures to the Tribe on August 15, 2024. The Tribe responded on August 16, 2024 with a request for a rotating staffing schedule to be implemented during construction monitoring, which the City included as an option in the proposed mitigation measures. The City concluded consultation on August 21 September 4, 2024.

On June 26, 2024, the Juaneno Band of Mission Indians Acjachemen Nation - Belardes responded via email requesting consultation and a copy of the cultural resources report. The Tribe’s preliminary recommendation was for all ground disturbance to be monitore d by a representative of the Tribe. The City provided the cultural resources report on August 2, 2024. The City provided a proposed set of mitigation measures to the Tribe on August 15, 2024 . The City concluded consultation on August 21 September 4, 2024.

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4.2.2.2 Page 4-85 of the Draft IS/MND:

A cultural resources inventory for the Proposed Project was completed and includes a records search of the CHRIS at the SCCIC, a literature review, a pedestrian survey, and a Sacred Lands File (SLF) search from the NAHC. The NAHC indicated a Sacred Lands File Search was positive for the Juaneno Band of Mission Indians Acjachemen Nation - Belardes, meaning they had a record of a sacred site in the same Public Land Survey section (one square-mile area) the Project area. The City consulted with the Gabrieleno Band of Mission Indians-Kizh Nation, Gabrielino Tongva Indians of California, and Juaneno Ba nd of Mission Indians Acjachemen Nati on – Belardes under AB 52 and SB 18 as described above. During this process, information from the consulting tribes, including presence of a TCR, has been provided to the City. Based on consultation, the City has determined that tribal monitoring is necessary and has devised mitigation measures to include monitoring from representatives of all three consulting tribes.

If an archaeological resource of Native American origin and cultural significance is discovered during construction and determined to be a TCR, or human remains are discovered at the site, implementation of mitigation measures TCR-1, CUL-1, TCR-2, and TCR-3, as applicable, would reduce impacts to TCRs to a less than significant level.

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5.0 MITIGATION MONITORING AND REPORTING PLAN

5.1 Introduction
The IS/MND prepared for the 10th and Flower Street Park Project identified adverse impacts related to the construction activity. The IS/ MND identified mitigation measures that would reduce or eliminate these impacts to below the level of significance . Section 21081.6 of the Public Resources Code and Sections 15091(d) and 15097 of the State CEQA Guidelines require public agencies to adopt a reporting and monitoring plan for 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. A Mitigation Monitoring and Reporting Plan (MMRP) is required for the Proposed Project because the IS/MND identified potentially significant adverse impacts related to construction activity, and mitigation measures have been identified to mitigate these impacts.

5.2 Purpose of the Mitigation Monitoring and Reporting Plan This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed according to schedule and maintained in a satisfactory manner during the construction and operation of the Proposed Project, as required. The MMRP may be modified by the Lead Agency during project implementation, as necessary, in response to changing conditions or other project refinements.

Table 5-1 has been prepared to assist the responsible parties in implementing the MMRP. This table identifies the category of environmental impact(s), individual mitigation measures, monitoring and mitigation timing, responsible person/agency for implementing the measure, and reporting method to confirm implementation of the mitigation measures. The numbering of the mitigation measures follows the numbering sequence in the IS/MND.

5.3 Roles and Responsibilities
The City of Santa Ana , as Lead Agency, is responsible for oversight of compliance of the mitigation measures in the MMRP.

5.4 Mitigation Monitoring and Reporting Plan
The column categories ident ified in the MMRP table (Table 5- 1) are described below.  Mitigation Measure – This column lists the mitigation measures by number.  Monitoring Activity/Timing/Frequency/Schedule – This column lists the activity to be monitored for each mitigation measure, the timing of each activity, and the frequency/schedule of monitoring for each activity.
 Implementation Responsibility/Verification – This column identifies the entity responsible for complying with the requirements of the mitigation measure and provides space for verification initials and date.

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 Responsibility for Oversight of Compliance/Verification – This column provides the agency responsible for oversight of the mitigation implementation and is to be dated and initialed by the agency representative based on the documentation provided by the construction contractor or through personal verification by agency staff.
 Outside Agency Coordination – this column lists any agencies with which the City may coordinate for implementation of the mitigation measure.  Comments – This column provides space for written comments, if necessary.

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Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
Biological Resources Mitigation Measures
BIO-1: Pre-Construction Nesting Bird
Survey. If ground disturbing Project
activities, tree trimming, or tree
removal are scheduled to occur
during the nesting bird season
(February 1 – August 30), a qualified
biologist shall conduct a pre -
construction nesting bird survey to
ensure that active bird ne sts will not
be disturbed or destroyed. The survey
shall be completed no more than 3
working days prior to initial ground
disturbance. The nesting bird survey
shall include the Project Site and
adjacent areas where project activities
have the potential to affect active
nests, either directly or indirectly due
to construction activity, noise, or
vibrations. If an active nest is
identified, a qualified biologist shall
establish an appropriate disturbance
limit buffer around the nest using
flagging or staking. Construction
Activity:

Pre-construction
nesting bird
survey.

Timing:

Within three days
prior to the start
of construction.

Frequency:

One time.

Qualified Biologist

Initials

Date

City of Santa Ana

Initials

Date

CDFW
Final Initial Study and Mitigated Negative Declaration
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Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
activities shall not occur within any
disturbance limit buffer zones until
the nest is deemed inactive by the
qualified biologist.

Cultural Resources Mitigation Measures
CUL-1: Contractor Awareness Training
Program. The City of Santa Ana shall
ensure that a Contractor Awareness
Training Program about cultural
resources is delivered to train
equipment operators. The program
shall be designed to inform
construction personnel about: federal
and state regulations pertaini ng to
cultural resources and tribal cultural
resources; the subsurface indicators
of resources that shall require a work
stoppage; procedures for notifying
the City of any occurrences; project -
specific requirements and mitigation
measures; and enforcement of
Activity:

Contractor
Awareness
Training Program.

Timing:

Prior to
construction.

Frequency:

As necessary
during
construction.

Qualified
Archaeologist

Initials

Date

City of Santa Ana

Initials

Date

None.

Final Initial Study and Mitigated Negative Declaration
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Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
penalties and repercussions for non -
compliance with the program.

The training shall be prepared by a
qualified professional archaeologist
and may be provided either through a
brochure, video, or in-person tailgate
meeting, as determined appropriate
by the archaeologist. The training
shall be provided to all construction
supervisors, forepersons, and
operators of ground-disturbing
equipment. All personnel shall be
required to sign a training roster. The
construction manager is responsible
for ensuring that all required
personnel receive the training. The
Construction Manager shall provide a
copy of the signed training roster to
the City as proof of compliance.

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-6 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
CUL-2: Unanticipated discoveries. If
subsurface deposits believed to be
cultural or human in origin are
discovered during construction, all
work must halt within a 100 -foot
radius of the discovery. A qualified
professional archaeologist, meeting
the Secretary of the Interior’s
Professional Qualification Standards
for prehistoric and historic
archaeology, shall be retained to
evaluate the significance of the find,
and shall have the authority to modify
the no-work radius as appropriate,
using professional judgment. The
following notifications shall apply,
depending on the nature of the find:
 If the professional archaeologist
determines that the find does not
represent a cultural resource, work
may resume immediately and no
agency notifications are required.

Activity:

Archaeological
evaluation of
potential cultural
resources.

Timing:

During
construction.

Frequency:

As necessary
during
construction.

Qualified
Archaeologist

Initials

Date

City of Santa Ana

Initials

Date

Orange
County
Coroner

Native
American
Heritage
Commission

Native
American
Most Likely
Descendant
(MLD)

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-7 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
 If the professional archaeologist
determines that the find does
represent a cultural resource from any
time period or cultural affiliation, the
archaeologist shall immediately notify
the City. The City shall consult on a
finding of eligibility and implemen t
appropriate treatment measures, if the
find is determined to be a Historical
Resource under CEQA, as defined by
CEQA or a historic property under
Section 106 NHPA, if applicable. Work
may not resume within the no -work
radius until the City, through
consultation as appropriate,
determines that the site either: 1) is
not a Historical Resource under CEQA
or a Historic Property under Section
106; or 2) that the treatment measures
have been completed to their
satisfaction.
 If the find includes human remains, or
remains that are potentially human,
they shall ensure reasonable
Final Initial Study and Mitigated Negative Declaration
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Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
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Implementation
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Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
protection measures are taken to
protect the discovery from disturbance
(AB 2641). The archaeologist shall
notify the Orange County Coroner (per
Section 7050.5 of the Health and
Safety Code). The provisions of Section
7050.5 of the California Health and
Safety Code, Section 5097.98 of the
California PRC, and AB 2641 will be
implemented. If the coroner
determines the remains are Native
American and not the result of a crime
scene, the coroner will notify the
NAHC, which then will designate a
Native American Most Likely
Descendant (MLD) for the Project
(Section 5097.98 of the PRC). The
designated MLD will have 48 hours
from the time access to the property is
granted to make recommendations
concerning treatment of the remains. If
the landowner does not agree with the
recommendations of the MLD, the
NAHC can mediate (Section 5097.94 of
Final Initial Study and Mitigated Negative Declaration
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Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
the PRC). If no agreement is reached,
the landowner must rebury the
remains where they will not be further
disturbed (Section 5097.98 of the PRC).

This will also include either recording
the site with the NAHC or the
appropriate Information Center; using
an open space or conservation zoning
designation or easement; or recording
a reinternment document with the
county in which the property is located
(AB 2641). Work may not resume
within the no-work radius until the
lead agencies, through consultation as
appropriate, determine that the
treatment measures have been
completed to their satisfaction.

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-10 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
Geology and Soils Mitigation Measures
GEO-1: Unanticipated Discovery of
Paleontological Resources. If
paleontological resources are
discovered during construction, all
work must halt within a 100 -foot
radius of the discovery and a qualified
paleontologist will be retained to
evaluate the find. The paleontologist
shall notify the lead agency if the find
is significant. The paleontologist shall
evaluate the significance of the find
and shall have the authority to modify
the no-work radius as appropriate,
using professional judgment. The
qualified paleontologist will evaluate
the significance of the find and
recommend appropriate measures for
the disposition of the find (e.g., fossil
recovery, curation, data recovery,
and/or monitoring). Construction
activities may continue on other parts
of the construction site while
Activity:

Evaluation of
potential
paleontological
resources by a
qualified
paleontologist.

Timing:

During excavation
activities as part of
construction.

Frequency:

As necessary
during
construction.

Qualified
Paleontologist/
Construction
Contractor

Initials

Date

City of Santa Ana

Initials

Date

None.

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-11 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
evaluation and treatment of the
paleontological resource takes place .

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-12 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
Noise Mitigation Measures
NOI-1: Hours of Construction. Project
construction shall be limited to the
City standard exempted hours of 7:00
a.m. through 5:00 p.m., Monday
through Friday. All Project
construction is prohibited on
Sundays.

Activity:

Implementation of
noise-reducing
measures.

Timing:

Limited hours of
construction.

Frequency:

As necessary
during
construction.

Construction
Contractor

Initials

Date

City of Santa Ana

Initials

Date

None.

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-13 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
Tribal Cultural Resources Mitigation Measures
TCR-1: Monitoring Agreement. Prior to the
commencement of ground disturbing
activities, the City shall extend the
offer to enter into a tribal monitoring
agreement with the Gabrieleño Band
of Mission Indians – Kizh Nation,
Gabrielino Tongva Indians of
California, and Juaneño Band of
Mission Indians, Acjachemen Nation.

The offer to execute a monitor
agreement shall be made at least 30
days 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,
Activity:

Retain a Tribal
monitor
representing the
Gabrieleño Band
of Mission Indians
– Kizh Nation,
Gabrielino Tongva
Indians of
California, and
Juaneño Band of
Mission Indians,
Acjachemen
Nation.

Timing:

Prior to
commencement
of all ground-
disturbing activity
within original
ground associated
with project
Construction
Contractor

Initials

Date

City of Santa Ana

Initials

Date

Native
American
Tribes
entering into
agreements
with the City

Final Initial Study and Mitigated Negative Declaration
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Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
auguring, grubbing, tree removal,
boring, grading, excavation, drilling,
and trenching.
 For the purpose of
compliance with this
measure, the City shall
accept any of the following
circumstances to be
compliant with this measure:
a) that tribes entering into
agreements with the City
rotate the monitoring duties
among them; b) that only
one tribe enters into an
agreement with the City to
monitor exclusively; or c)
that all three tribes enter
into agreements with the
City and each provide full-
time monitors. In the
unlikely event that no tribes
are willing to enter into a
tribal monitoring agreement
with the City, then work can
construction.

Frequency:

As needed.

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-15 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
proceed without a tribal
monitor provided that an
archaeological monitor is
present and that the offer to
all three tribes was extended
and documented.
− In the event that one or
more Tribe chooses not
to enter into an
agreement or fails to
respond to the offer, the
City shall allow
construction to proceed
without the Native
American monitor(s) as
long as the offer was
extended and
documented.
 The monitors will complete
daily monitoring logs that
will provide descriptions of
the relevant ground -
disturbing activities, the type
of construction activities
Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-16 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
performed, locations of
ground- disturbing activities,
soil types, cultural-related
materials, and any other
facts, conditions, materials,
or discoveries of significance
to the culturally affiliated
Tribe. Monitor logs will
identify and describe any
discovered TCRs, 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/lead agency upon
completion of the Project.

Final Initial Study and Mitigated Negative Declaration
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Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
 On-site tribal monitoring
shall conclude upon the
latter of the following:
− Written confirmation to
consulting culturally
affiliated Tribe from a
designated point of
contact for the project
applicant/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
− A determination and
written notification by
the culturally affiliated
Tribe to the project
applicant/lead agency
that no future, planned
construction activity
Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-18 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
and/or
development/constructi
on phase at the project
site possesses the
potential to impact
culturally affiliated Tribal
TCRs.

Evaluation of
potential tribal
cultural resources.

Timing:

During
construction.

Frequency:

As necessary
during
construction.

Qualified
Archaeologist

Initials

Date

City of Santa Ana

Initials

Date

Orange
County
Coroner

Native
American
Heritage
Commission

Culturally
Affiliated Tribe

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-19 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
consulting culturally affiliated Tribes
deem appropriate, including for
educational, cultural and/or historic
purposes.

Evaluation of
potential tribal
cultural resources.

Timing:

During
construction.

Frequency:

As necessary
during
construction.

Qualified
Archaeologist

Initials

Date

City of Santa Ana

Initials

Date

Orange
County
Coroner

Native
American
Heritage
Commission

Most Likely
Descendant

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-20 October 2024 10th and Flower Street Park Project 2023-145
Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
California State Health and
Safety Code Section 7050.5,
and the subsequent
disposition of those
discoveries shall be decided
by the Most Likely
Descendant (MLD), as
determined by the Native
American Heritage
Commission (NAHC), should
those findings be
determined as Native
American in origin.
 The designated MLD will
have 48 hours from the time
access to the property is
granted to make
recommendations
concerning treatment of the
remains. If the landowner
does not agree with the
recommendations of the
MLD, the NAHC can mediate
(§ 5097.94 of the PRC). If no
Final Initial Study and Mitigated Negative Declaration
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Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Mitigation Measure
Monitoring
Activity/ Timing/
Frequency
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside
Agency
Coordination
Comments
agreement is reached, the
landowner must rebury the
remains where they will not
be further disturbed (§
5097.98 of the PRC). This will
also include either recording
the site with the NAHC or
the appropriate Information
Center; using an open space
or conservation zoning
designation or easement; or
recording a reinternment
document with the county in
which the property is
located (AB 2641).
 Work may not resume within
the no-work radius until the
lead agencies, through
consultation as appropriate,
determine that the
treatment measures have
been completed to their
satisfaction.

Final Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan 5-22 October 2024 10th and Flower Street Park Project 2023-145

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APPENDIX A
Draft Initial Study/Mitigated Negative Declaration

Santa Ana City CouncilOctober 15, 2024

Santa Ana City Council
October 15, 2024