for Subrecipient’s Project Manager. County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient’s Project Manager from providing further services under Contract.
10. Subrecipient Personnel – Reference Checks:
Subrecipient warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Subrecipient’s employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract.
11. Subrecipient’s Expense:
The Subrecipient will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center.
12. Subrecipient’s Records:
Subrecipient shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Subrecipient in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from County. Storage of records in another county will require written approval from County of Orange assigned Deputy Purchasing Agent.
13. Conditions Affecting Work:
Subrecipient shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Subrecipient to do so will not relieve Subrecipient from responsibility for successfully performing the work without additional cost to County. County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by County are expressly stated in Contract.
14. Data – Title To:
All materials, documents, data or information obtained from County data files or any County medium furnished to Subrecipient in the performance of this Contract will at all times remain the property of County.
Such data or information may not be used or copied for direct or indirect use by Subrecipient after completion or termination of this Contract without the express written consent of County. All materials, documents, data or information, including copies, must be returned to County at the end of this Contract.
15. Default – Re-Procurement Costs:
In case of Contract breach by Subrecipient, resulting in termination by County, County may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Subrecipient will be responsible for paying County the difference between Contract cost and the price paid, and County may deduct this cost from any unpaid balance due EXHIBIT 2
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Subrecipient. The price paid by County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.
16. Disputes – Contract:
The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Subrecipient’s Project Manager and the County‘s Project Manager, as specified in Article titled “Notices" below, such matter shall be brought to the attention of the County DPA by way of the following process:
A. The Subrecipient shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision.
B. The Subrecipient’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Subrecipient shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Subrecipient believes County is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Contract, Subrecipient agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Subrecipient’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by County Deputy Purchasing Agent or his designee. If County fails to render a decision within 90 days after receipt of Subrecipient’s demand, it shall be deemed a final decision adverse to Subrecipient’s contentions. Nothing in this section shall be construed as affecting County’s right to terminate Contract for cause or termination for convenience as stated in Article "Termination" herein.
17. Drug-Free Workplace:
Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Subrecipient will:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
B. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1. The dangers of drug abuse in the workplace;
2. The organization's policy of maintaining a drug-free workplace
3. Any available counseling, rehabilitation and employee assistance programs; and EXHIBIT 2
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4. Penalties that may be imposed upon employees for drug abuse violations.
C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
1. Will receive a copy of the company's drug-free policy statement; and
2. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract.
D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Subrecipient may be ineligible for award of any future County contracts if County determines that any of the following has occurred:
1. Subrecipient has made false certification, or
2. Subrecipient violates the certification by failing to carry out the requirements as noted above.
18. EDD Independent Subrecipient Reporting Requirements:
Effective January 1, 2001, County of Orange is required to file in accordance with subdivision (a) of Section 6041A of the Internal Revenue Code for services received from a “service provider” to whom County pays $600 or more or with whom County enters into a contract for $600 or more within a single calendar year.
The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations.
The term “service provider” is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as “an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the state.” The term is further defined by the California Employment Development Department to refer specifically to independent Subrecipients. An independent Subrecipient is defined as “an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California.”
The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies.
Additional information on this reporting requirement can be found at the California Employment Development Department website located at http://www.edd.ca.gov/Employer_Services.htm
19. Emergency/Declared Disaster Requirements:
In the event of an emergency or if Orange County is declared a disaster area by County, state or federal government, Contract may be subjected to unusual usage. Subrecipient shall service County during such an emergency or declared disaster under the same terms and conditions that apply during nonemergency/disaster conditions. The pricing quoted by Subrecipient shall apply to serving County’s needs regardless of the circumstances. If Subrecipient is unable to supply the goods/services under the terms of Contract, then Subrecipient shall provide proof of such disruption and a copy of the invoice for the goods/services from Subrecipient’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an EXHIBIT 2
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emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Subrecipient shall show both the emergency purchase order number and Contract number.
20. Error and Omissions:
All reports, files and other documents prepared and submitted by Subrecipient shall be complete and shall be carefully checked by the professional(s) identified by Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the County. Subrecipient agrees that County review is discretionary, and Subrecipient shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Subrecipient's reports, files and other written documents, the reports, files or documents will be returned to Subrecipient for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Subrecipient after County approval thereof, County approval of Subrecipient's reports, files or documents shall not be used as a defense by Subrecipient in any action between the County and Subrecipient, and the reports, files or documents will be returned to Subrecipient for correction.
21. Equal Employment Opportunity:
Subrecipient shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future.
Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Subrecipient will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Subrecipient agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
Regarding Americans with disabilities, Subrecipient agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
22. Headings:
The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and articles, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
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23. News/Information Release:
Subrecipient agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from County through County’s Project Manager.
24. Notices:
Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned DPA, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.
Subrecipient: City of Santa Ana
Attn: Deborah Sanchez
Address: 20 Civic Center Plaza, Santa Ana,
CA 92701-4058
Phone: 714-565-2621
Email: [email protected]
County's Project Manager: OC Community Resources
Attn: Francis Barton
Address: 1300 South Grant Avenue,
Building B, Santa Ana, CA
92705
Phone: 714-480-6475
Email: [email protected]
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cc: OC Community Resources/Procurement Services
Attn: Chad Ward, County DPA
Address: 601 North Ross Street
Santa Ana, CA 92701
Phone: (949) 585-6420
Email: [email protected]
25. Precedence:
Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.
26. Subcontracting:
No performance of this Contract or any portion thereof may be subcontracted or otherwise delegated by Subrecipient, in whole or in part, without first obtaining the prior express written consent of County. Any attempt by Subrecipient to subcontract or delegate any performance of this Contract without the prior express written consent of County shall be invalid and shall constitute a material breach of this Contract, and any attempted assignment or delegation in derogation of this paragraph shall be void.
In the event that Subrecipient is authorized by County to subcontract, this Contract shall take precedence over the terms of the agreement between Subrecipient and subcontractor, and any agreement between Subrecipient and a subcontractor shall incorporate by reference the terms of this Contract. Subrecipient shall remain responsible for the performance of this Contract and indemnification of County notwithstanding the County’s consent to Subrecipient’s request for approval of a subcontractor. Under no circumstances shall County be required to directly monitor the performance of any subcontractor. All work performed by a subcontractor must be monitored by Subrecipient and must meet the approval of the County of Orange pursuant to the terms of this Contract.
27. Termination – Orderly:
After receipt of a termination notice from County of Orange, Subrecipient may submit to County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by County upon written request of Subrecipient. Upon termination County agrees to pay Subrecipient for all services performed prior to termination which meet the requirements of Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of Contract.
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28. Usage:
No guarantee is given by County to Subrecipient regarding usage of this Contract. Usage figures, if provided, are approximations. Subrecipient agrees to supply services and/or commodities requested, as needed by County of Orange, at rates/prices listed in Contract, regardless of quantity requested.
29. Usage Reports:
Subrecipient shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable.
30. Project Manager, County:
The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient during the term of this Contract. The County’s Project Manager shall coordinate the activities of the County staff assigned to work with the Subrecipient .
The County’s Project Manager shall have the right to require the removal and replacement of the Subrecipient's Project Manager and key personnel. The County’s Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within three (3) business days after written notice from the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Subrecipient's Project Manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient's Project Manager from providing further services under the Contract.
31. Permits and Licenses:
Subrecipient shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by County in its governmental capacity shall affect or limit Subrecipient's obligations hereunder, nor shall any approvals or consents given by County as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.
32. Inventory:
County has an ongoing requirement for the commodities indicated in this Contract. Subrecipient shall maintain a reasonable stock on hand of all commodities for delivery upon request.
33. Order Dates:
Orders may be placed during the term of Contract even if delivery may not be made until after the term of Contract. Order dates take precedence over delivery dates. Contract must clearly identify the order date on all invoices to County.
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34. Ownership of Documents:
The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Subrecipient. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Subrecipient without the express written consent of the County.
35. Satisfactory Work:
Services rendered hereunder are to be performed to the written satisfaction of County. County’s staff will interpret all reports and determine the quality, acceptability and progress of the services rendered.
36. Access and Records:
A. Access. County, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Subrecipient’s activities, books, documents and papers (including computer records and emails) and to records of Subrecipient’s Subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Subrecipient shall insert this condition in each Contract between Subrecipient and a Subcontractor that is approved pursuant to this Contract and shall require the Subcontractor to agree to this condition. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipient are kept. Subrecipient shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by Administrator which shall be deemed received upon date of sending. In the event Subrecipient does not make the above referenced documents available within the County of Orange, California, Subrecipient agrees to pay all necessary and reasonable expenses incurred by County, or County’s designee, in conducting any audit at the location where said records and books of account are maintained.
B. Records Retention. All accounting records and evidence pertaining to all costs of Subrecipient and all documents related to this Contract shall be kept available at Subrecipient’s office or place of business for the duration of this Contract and thereafter for four (4) years after completion of an audit. Records which relate to: (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Contract; or (2) costs and expenses of this Contract to which County or any other governmental department takes exception, shall be retained beyond the four (4) years until final resolution or disposition of such appeals, litigation, claims, or exceptions.
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C. Liability. Subrecipient shall pay to County the full amount of County’s liability to the State or Federal government or any department thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to Subrecipient’s failure to perform under this Contract.
37. Signature in Counterparts:
The Parties agree that separate copies of this Contract and/or electronic signatures and handwritten signatures may be signed by each of the Parties, and this Contract will have the same force and effect as if the Original had been signed by all the Parties.
38. Licenses:
At its own expense, Subrecipient and its Subcontractors, if any, shall, at all time during the term of this Contract, maintain in full force and effect such licenses or permits as may be required by the State of California or any other government entity. Subrecipient and his/her/its Subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, State, or Federal governmental entity
39. Reports/Meetings:
The Subrecipient shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in Attachment A. The County’s Project Manager and the Subrecipient’s Project Manager will meet on reasonable notice to discuss the Subrecipient’s performance and progress under this contract. If requested, the Subrecipient’s Project Manager and other project personnel shall attend all meetings. The Subrecipient shall provide such information that is requested by the County for the purpose of monitoring progress under this contract.
40. Gratuities:
The Subrecipient warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Subrecipient or any agent or representative of the Subrecipient to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Subrecipient agreed to supply shall be borne and paid for by the Subrecipient. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.
41. County Branding Requirements:
Publicity, Literature, Advertisement and Social Media
A. County owns all rights to the name, logos, and symbols of County. The use and/or reproduction of County’s name, logos, or symbols for any purpose, including commercial advertisement, EXHIBIT 2
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promotional purposes, announcements, displays, or press releases, without County’s prior written consent is expressly prohibited.
B. Subrecipient may develop and publish information related to this Contract where all of the following conditions are satisfied:
1. Subrecipient’s Project Manager must provide its written approval of the content and publication of the information at least 5 days prior to Subrecipient publishing the information, unless a different timeframe for approval is agreed upon by the Project Manager;
2. Unless directed otherwise by the County’s Project Manager, the information will include a statement that the program, wholly or in part, is funded through County, State and Federal government funds from the WIOA Program;The information does not give the appearance that the County, its officers, employees, or agencies endorse:
a. any commercial product or service; and,
b. any product or service provided by Subrecipient, unless approved in writing by the Subrecipient’s Project Manager; and,
If Subrecipient uses social media (such as Facebook, Twitter, YouTube or other publicly available social media sites) to publish information related to this Contract, Subrecipient shall develop social media policies and procedures and have them available to the County’s Project Manager. Subrecipient shall comply with County Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this Contract. The policy is available on the Internet at http://www.ocgov.com/gov/ceo/cio/govpolicies.
42. Maximum Obligation:
The total Maximum Obligation of County to the Subrecipient for the cost of services provided in accordance with this Contract is $30,000, with individual Maximum Obligation budgets for each Fiscal Year as further detailed in the "Budget Schedule" Attachment.
43. Service Contract – Follow-On Work:
No person, firm, subsidiary or Subcontractor of a firm that has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a Contract for the performance of services, the purchase of goods or supplies, or the provision of any other related action which arises from or can reasonably be deemed an end-product of work performed under the initial consulting to consulting-related Contract.
44. Subrecipient Bankruptcy/Insolvency:
If the Subrecipient should be adjudged bankrupt or should have a general assignment for the benefit of its creditors or if a receiver should be appointed on account of the Subrecipient’s insolvency, the County may terminate this Contract.
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OCWEDD TERMS AND CONDITIONS
1. Debarment
Subrecipient shall execute and abide by the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto and incorporated herein by this reference, and by so doing declares that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 C.F.R. Part 98.
2. Lobbying Certification
A. Subrecipient shall execute and abide by the terms of the “Certification Regarding Lobbying,” which is incorporated herein by this reference. Subrecipient shall complete and immediately forward to the County’s Project Manager the Disclosure of Lobbying Activities, a copy of which is attached hereto and incorporated herein by this reference, if Subrecipient, or any person, firm or corporation acting on Subrecipient’s behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by Subrecipient pursuant to this Contract.
B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law.
C. Subrecipient shall be in compliance with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352 and 29 CFR Part 93).
3. Fraud
Subrecipient shall immediately report to the County’s Project Manager, in writing, all suspected, alleged, or known instances and facts concerning possible fraud, abuse or criminal activity by either Subrecipient or its Subcontractor(s) under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. The County’s Anti-Fraud Program can be accessed https://www.ocgov.com/how-do-i/report/fraud-waste-abuse.
Subrecipient shall maintain records, documents, or other evidence of fraud and abuse until otherwise notified by County.
4. Fiscal Appropriations
This Contract is subject to and contingent upon available local, state, and/or federal funds and applicable budgetary appropriations being approved by the County of Orange Board of Supervisors for each fiscal year during the term of this Contract. If such appropriations are not approved, the Contract will be terminated, without penalty to the County.
5. Fiscal Accountability
A. Subrecipient shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient’s system shall provide fiscal control and accounting procedures that will include the following:
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1. Information pertaining to sub-grant and Contract awards, obligations, unobligated balances, assets, expenditures, and income;
2. Effective internal controls to safeguard assets and assure their proper use;
3. A comparison of actual expenditures with budgeted amounts for each sub grant and Contract;
4. Source documentation to support accounting records; and
5. Proper charging of costs and cost allocation.
B. Subrecipient’s Records. Subrecipient’s records shall be sufficient to:
1. Permit preparation of required reports;
2. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds;
3. Permit the tracking of program income earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for funding limitation; and
4. Permit tracking and reporting of leveraging as required by SB734.
C. Costs Charged. Cost shall be charged to this Contract only in accordance with the following:
a. The WIOA;
b. 20 CFR Part 683;
c. State implementing legislation; and
d. Requirements of Other Funding Sources
6. Indirect Costs
Administrative Costs and Indirect Cost Rates (IDCR) are classified as Indirect Costs by the Parties. The IDCR and Administrative Cost Cap are distinct Indirect Costs. The County of Orange reserves the right to cap the Administrative Costs at 10%. The Subrecipient’s IDCR for the year 2024 is 15.92%. Once the Subrecipient reaches the 10% Total Indirect Contract Maximum Administrative Cost Cap, Subrecipient cannot claim reimbursement any administrative cost exceeding the Administrative Cost Cap of 10% of the total contract amount or expenditures, whichever is less.
7. Dissolution of Entity
Subrecipient shall notify County immediately of any intention to discontinue its existence or bring an action for dissolution.
8. Performance Standards
Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements described in Sections 116 (Performance Accountability System) and 194 (General Program Requirements) of WIOA and applicable regulations contained in the "Performance Standards" Attachment of this Contract. Should the Performance Requirements defined in the Contract between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements.
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9. Payments
Subrecipient agrees that any and all funds received under this Contract annually for each respective fiscal year shall be disbursed on or before March 31, and that any and all funds remaining as of March 31 annually, which have not been disbursed shall be returned by Subrecipient to County within thirty (30) days of the expiration or earlier termination of the Contract in accordance with the Termination paragraph of this Contract. No expense of Subrecipient will be reimbursed by County if incurred after March 31 of each fiscal year.
Upon the effective date of this Contract, County shall make payment to Subrecipient in accordance with the following payment schedule:
A. Monthly Payments: Beginning the first of the month following the contract effective date, upon receipt and approval by OC Community Resources – OC Community Services of Subrecipient’s invoice showing prior month(s) actual expenditures, County shall make monthly reimbursement payments based on Subrecipient’s invoice so long as the total payments under this Contract do not exceed the Contract Maximum Obligation.
B. County Discretion: At the sole discretion of County, payments to Subrecipient may be made more frequently than monthly, but such payments shall always be in arrears and not in advance of the provision of services by Subrecipient.
C. Invoices: Subrecipient shall provide monthly invoices by the 10th day following the month being reported. If the 10th falls on a weekend or holiday, the invoice/data report is due the next business day. Invoices shall show the most up to date costs chargeable to the program(s) referenced in this Contract and in accordance with the OC Community Resources Contract Reimbursement Policy for documenting Subrecipient costs, incorporated herein by this reference.
Failure to provide any of the required documentation will cause County to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Subrecipient, until such documentation has been received and approved by the County. All costs included on invoices must be eligible for reimbursement and allowable costs under WIOA and all applicable laws, regulations, and requirements set forth in the Compliance with Law – Contract Paragraph of this Contract.
If Subrecipient expenditures for any program referenced in this Contract fall below 20% of planned expenditures for any cumulative period commencing from the beginning of the term of this Contract, Subrecipient may be subject to a reduction in funding. No payments will be authorized if any preceding month’s reports or invoices have not been received. Refer to "Payment and Compensation" Attachment of this Contract for additional information.
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10. Budget Schedule
Subrecipient agrees that the expenditures of any and all funds under this Contract will be in accordance with the "Budget Schedule" Attachment, which by this reference is incorporated herein and made a part hereof as if fully set forth. Subrecipient shall ensure all costs incurred under the Contract, and its performance hereunder, shall comply with WIOA and all applicable laws, regulations, and requirements set forth in Compliance with Law – Contract paragraph of this Contract.
11. Modification of Budget Schedule
Upon written approval from the Administrator the Contract Administrator shall have the authority to transfer allocated program funds from one category of the overall program Budget Schedule to any other category of the overall Budget Schedule pursuant to a written request submitted by Subrecipient. No such transfer may be made without the express prior written approval of County. Subrecipients will be limited to three (3) adjustments per year. Each modification shall be submitted to the County’s Project Manager using the Budget Modification forms provided by the Contract Administrator, no later than ten (10) days after the end of the first three quarters of the fiscal year as necessary. The County has the right but not the obligation to make changes to the Budget Schedule at any time. County initiated adjustments will not count towards the three allowed modifications each year.
12. Annual Audit
Subrecipient shall arrange for an independent audit to be performed by a Certified Public Accountant, for funds received from County, in accordance with Audit Requirements detailed in the Scope of Services.
13. Non-Discrimination and Compliance Provisions
A. State laws.
i. Subrecipient shall, unless exempted, ensure compliance with the requirements of Cal. Gov. Code § 11135 et seq., and 2 CCR § 11140 et seq., which prohibit recipients of state financial assistance from discriminating against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. ii. Subrecipient’s signature affixed hereon shall constitute a certification, under penalty of perjury under the laws of the State of California, that Subrecipient has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12900 (a-f) and Title 2, California Code of Regulations, Section 8103.
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Discrimination and Compliance Provisions paragraph “A” in all sub-contracts to perform work under this Contract.
B. Title VI of Civil Rights Act. Subrecipient hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 [42 USC 2000d; 45 CFR 80](P.L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which funds are made available under this Contract. Subrecipient hereby gives assurance that it will immediately take any measures necessary to effectuate this Contract.
C. Title VII of Civil Rights Act. Subrecipient shall comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000), as amended by the Equal Opportunity Act of March 24, 1972 (Public Law No. 92 261), and with all applicable rules, regulations and orders promulgated pursuant thereto, as now in existence or as hereafter amended.
D. Disability discrimination. Subrecipient shall comply with Sections 503 and 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and all requirements imposed by the applicable regulations and guidelines issued pursuant to those statutes, including 45 CFR, Part 84.
E. Addition and future laws. Other current and future federal and state laws prohibiting discrimination on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation.
F. Failure to comply. If Subrecipient fails to comply with the requirements of any Sub-Paragraphs of this Non-Discrimination and Compliance Provisions paragraph, Administrator may withhold payment to Subrecipient and/or terminate this Contract in accordance with the Termination paragraph.
14. Publication
No copies of sketches, schedules, written documents, computer based data, photographs, maps or graphs, including graphic art work, resulting from performance or prepared in connection with this Contract, are to be released by Subrecipient and/or anyone acting under the supervision of Subrecipient to any person, partnership, company, corporation, or department, without prior written approval by the County, except as necessary for the performance of the services of this Contract. All press releases, including graphic display information to be published in newspapers, magazines, or other media of any kind, are to be administered only by the County unless otherwise agreed to by both Parties. Nothing herein shall limit Subrecipient’s ability to comply with the CPRA, etc., in compliance with the requirements set forth in Confidentiality paragraph of this Contract.
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15. Drug Free Workplace
Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Subrecipient will:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
B. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The organization’s policy of maintaining a drug-free workplace; iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations.
C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Subrecipient may be ineligible for award of any future County contracts if County determines that any of the following has occurred:
i. Subrecipient has made false certification, or
ii. Subrecipient violates the certification by failing to carry out the requirements as noted above.
Subrecipient shall execute and abide by the Certification for a Drug-Free Workplace attached hereto and incorporated herein by this reference.
16. D-U-N-S Number and Related Information
D-U-N-S Number is a unique, 9-digit identifier issued and maintained by the Dun & Bradstreet (D&B) that verifies the existence of a business entity. The D-U-N-S number is needed to coordinate with the System for Award Management (SAM) that combines Federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. https://www.SAM.gov.
The D-U-N-S Number must be provided to County at the County’s request and prior to the execution of this Contract. Subrecipient shall ensure all D-U-N-S information is up to date and the D-U-N-S number status is “active,” with no active exclusions prior to execution of this Contract. If County cannot access the Subrecipient’s D-U-N-S information related to this Federal subaward on the Federal Funding Accountability and Transparency Act subaward Reporting system (SAM.GOV) due to errors in the EXHIBIT 2
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Subrecipient’s data entry for its D-U-N-S number, the Subrecipient must immediately update the information as required.
The County reserves the right to verify and validate any information prior to contract award and during the entire term of the Contract.
17. Program Income
County’s Maximum Obligation herein shall be reduced by the amount of any program income earned by Subrecipient, from sources other than County, as a result of this Contract or the services provided by Subrecipient pursuant to this Contract.
It shall be the responsibility of Subrecipient to inform the County in writing of any income earned as a result of this Contract.
It is mutually understood that the State or Federal agency responsible for providing the funding for this Contract may designate certain revenue of Subrecipient as Program Income. To be designated as Program Income and therefore, as other than a cost off-set. Subrecipient shall do all of the following:
A. Submit a plan to the County for use of any and all proposed Program Income; and B. Set-up and maintain a separate bank account for any proposed Program Income and account for any and all such income received.
C. Report to County any and all Program Income received no later than thirty (30) days from the date of receipt; record the amount received on Internal financial records; and indicate the amount received on the monthly claim submitted to County.
County shall then forward the plan for the requested use of the proposed Program Income to the appropriate State and/or Federal agencies for approval.
Subrecipient shall not spend any of the proposed Program Income unless or until such time as County obtains authorization for the use of the Program Income from the responsible State and/or Federal agency and provides Subrecipient with prior written approval for the use of the funds.
County may, in its sole discretion, issue future policy statements and/or instructions with respect to Program Income. Subrecipient shall immediately comply with such policy statements and/or instructions.
18. Modification of Program Components and Service Levels The Parties hereto agree that those program components and service levels detailed in various Attachments of this Contract (i.e. Scope of Service, etc.) may be modified upon mutual written agreement of the Administrator and Subrecipient so long as the total payments under this Contract are not increased and the basic goals and objectives of the program are not altered. Should the Federal Government and/or the State of California modify any program component and/or service level detailed in the various EXHIBIT 2
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Attachments then the County shall have the right to unilaterally modify this Contract to meet such requirements.
A. County may at any time, unilaterally, by written notification to Subrecipient, make changes within the general scope of this Contract, including, in the definition of services and tasks to be performed, the manner in which services are performed, the time and place of performance thereof and additional related provisions. Changes may be made when necessitated by changes in the Regional Workforce Consulting Services operations or performance, the operations or performance of Subrecipient, or changes in applicable statutes, regulations or State of California or Federal mandates or directives, or for other reasons. The Subrecipient shall review the County’s written notification, resolve any questions regarding the change, and indicate its understanding of the additional expectation within three (3) business days after receipt of notification. Subrecipient shall perform all such changes promptly but in no event later than ten (10) business days after receiving County’s notification unless otherwise directed by the County.
Such changes will be memorialized into the Contract through a Contract amendment, as soon as practicable, but shall be effective upon the County’s issuance of the notification.
B. Subrecipient and County shall make a good faith effort to reach agreement with respect to changes to the scope, which affect the price of services under the Contract. Subrecipient’s protest or failure to agree to the amount of any adjustment to be made as a result of the anticipated amendment shall be a dispute for which an appeal may be made pursuant to this Contract. Notwithstanding the foregoing, the price of services under this Contract shall not be increased except by written amendment of this Contract indicating the new services and price of this Contract if applicable. Until the Parties reach agreement, Subrecipient shall not be obligated to assume increased performance under the anticipated amendment beyond the limitation of funds established within this Contract.
C. Subrecipient may request changes in the scope of performance or services under this Contract, by submitting a written request to the County’s Project Manager describing the request and its impact on the Scope of Services and Budget Schedule. The County’s Project Manager will review the request and respond in writing within ten (10) business days. The County’s Project Manager’s decision whether to approve the request or request Board of Supervisors’ approval shall be final. The Contract Administrator may approve a request that meets all of the following criteria:
i. It does not materially change the terms of this Contract, and ii. It is supported by adequate consideration to County.
Board of Supervisors’ action is necessary to approve a request from Subrecipient that does not satisfy all of the criteria listed above.
19. Intellectual Property
A. Federal Funding:
In any Contract funded in whole or in part by the Federal government, County may acquire and maintain the Intellectual Property rights, title, and ownership, which result directly or indirectly from the Contract, except as provided in 37 Code of Federal Regulations Part 401.14. Subrecipient agrees to grant the County, Federal and State governments a royalty-free, non-exclusive, irrevocable, paid-up license throughout the world to use, duplicate, or dispose of such Intellectual Property throughout the world in EXHIBIT 2
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any manner for governmental purposes and to have and permit others to do so.
B. Ownership:
i. Except where County has agreed in a signed writing to accept a license, County shall be and remain, without additional compensation, the sole owner of any and all rights, title and interest in all intellectual property, from the moment of creation, whether or not jointly conceived, that are made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract.
ii. For the purposes of this Contract, Intellectual Property means recognized protectable rights and interest such as: patents, (whether or not issued) copyrights, trademarks, service marks, applications for any of the foregoing, inventions, trade secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity, author’s rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices, business processes, developments, innovations, good will, any data or information maintained, collected or stored in the ordinary course of business by County, and all other legal rights protecting intangible proprietary information as may exist now and/or hereafter come into existence, and all renewals and extensions, regardless of whether those rights arise under the laws of the United States, or any other State, country or jurisdiction. a. For the purposes of the definition of Intellectual Property, "works" means all literary works, writings and printed matter including the medium by which they are recorded or reproduced, photographs, art work, pictorial and graphic representations and works of a similar nature, film, motion pictures, digital images, animation cells, and other audiovisual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos, computer software and any other materials or products created, produced, conceptualized and fixed in a tangible medium of expression. It includes preliminary and final products and any materials and information developed for the purposes of producing those final products. "Works" does not include articles submitted to peer review or reference journals or independent research projects. iii. In the performance of this Contract, Subrecipient may exercise and utilize certain of its Intellectual Property in existence prior to the effective date of this Contract. In addition, under this Contract, Subrecipient may access and utilize certain of County’s Intellectual Property in existence prior to the effective date of this Contract. Except as otherwise set forth herein, Subrecipient shall not use any of County’s Intellectual Property now existing or hereafter existing for any purposes without the prior written permission of County. Except as otherwise set forth herein, neither the Subrecipient nor County shall give any ownership interest in or rights to its Intellectual Property to the other Party. If, during the term of this Contract, Subrecipient accesses any third-party Intellectual Property that is licensed to County, Subrecipient agrees to abide by all license and confidentiality restrictions applicable to County in the third-party’s license Contract. iv. Subrecipient agrees to cooperate with County in establishing or maintaining County’s exclusive rights in the Intellectual Property, and in assuring County’s sole rights against third parties with respect to the intellectual Property. If the Subrecipient enters into any Contracts or subcontracts with other parties in order to perform this Contract, Subrecipient shall require the terms of the EXHIBIT 2
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Contract(s) to include all Intellectual Property Paragraph provisions of this Contract (A) through (I). Such terms must include, but are not limited to, the subcontractor assigning and agreeing to assign to County all rights, title and interest in Intellectual Property made, conceived, derived from, or reduced to practice by the subcontractor, Subrecipient or County and which result directly or indirectly from this Contract or any subcontract.
v. Pursuant to (B)(iv) of the Intellectual Property Paragraph of this Contract, the requirement for the Subrecipient to include all Intellectual Property Paragraph provisions (A) through (I) of the Intellectual Property Paragraphs in all contracts and subcontracts it enters into with other parties does not apply to contracts or subcontracts that are for customized and on-the-job training as authorized under 20 CFR 680.700-840.
vi. Subrecipient further agrees to assist and cooperate with County in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce County’s Intellectual Property rights and interests.
C. Retained Rights/License Rights:
i. Except for Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract, Subrecipient shall retain title to all of its Intellectual Property to the extent such Intellectual Property is in existence prior to the effective date of this Contract. Subrecipient hereby grants to County, without additional compensation, a permanent, non-exclusive, royalty free, paid-up, worldwide, irrevocable, perpetual, non-terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publicly and privately display/perform, distribute, and dispose of Subrecipient’s Intellectual Property with the right to sublicense through multiple layers, for any purpose whatsoever, to the extent it is incorporated in the Intellectual Property resulting from this Contract, unless Subrecipient assigns all rights, title and interest in the Intellectual Property as set forth herein.
ii. Nothing in this provision shall restrict, limit, or otherwise prevent Subrecipient from using any ideas, concepts, know-how, methodology or techniques related to its performance under this Contract, provided that Subrecipient’s use does not infringe the patent, copyright, trademark rights, license or other Intellectual Property rights of County or third party, or result in a breach or default of any provisions of the Intellectual Property Paragraphs (A) through (I) or result in a breach of any provisions of law relating to confidentiality.
D. Copyright:
i. Subrecipient agrees that for purposes of copyright law, all works (as defined in Ownership, Intellectual Property Paragraph (B)(ii) of authorship made by or on behalf of Subrecipient in connection with Subrecipient’s performance of this Contract shall be deemed "works made for hire." Subrecipient further agrees that the work of each person utilized by Subrecipient in connection with the performance of this Contract will be a "work made for hire," whether that person is an employee of Subrecipient or that person has entered into a contract with Subrecipient to perform the work. Subrecipient shall enter into a written Contract with any such person that (i) EXHIBIT 2
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all work performed for Subrecipient shall be deemed a "work made for hire” under the Copyright Act and (ii) that person shall assign all right, title, and interest to County to any work product made, conceived, derived from or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract.
ii. All materials, including, but not limited to, computer software, visual works or text, reproduced or distributed pursuant to this Contract that include Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract may not be reproduced or disseminated without prior written permission from County.
E. Patent Rights:
With respect to inventions made by Subrecipient in the performance of this Contract, which did not result from research and development specifically included in the Contract’s Scope of Services, Subrecipient hereby grants to County a license as described under Intellectual Property Paragraph (C) for devices or material incorporating, or made through the use of such inventions. If such inventions result from research and development work specifically included within the Contract’s Scope of Services, then Subrecipient agrees to assign to County, without additional compensation, all its right, title and interest in and to such inventions and to assist County in securing United States and foreign patents with respect thereto.
F. Third Party Intellectual Property:
Except as provided herein, Subrecipient agrees that its performance of this Contract shall not be dependent upon or include any Intellectual Property of Subrecipient or third party without first: (i) obtaining County’s prior written approval; and (ii) granting to or obtaining for County’s, without additional compensation, a license, as described in Intellectual Property Paragraph (C) for any of Subrecipient’s or third-party’s Intellectual Property in existence prior to the effective date of this Contract. If such a license upon these terms is unattainable, and County determines that the Intellectual Property should be included in or is required for Subrecipient’s performance of this Contract, Subrecipient shall obtain a license under terms acceptable to County.
G. Warranties:
i. Subrecipient represents and warrants that:
a. Subrecipient has secured and will secure all rights and licenses necessary for its performance of this Contract.
b. Neither Subrecipient’s performance of this Contract, nor the exercise by either Party of the rights granted in this Contract, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private display/performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract will infringe upon or violate any Intellectual Property right, non-disclosure obligation, or other proprietary right or interest of any third-party or entity now existing under the laws of, or hereafter existing or issued by, any State, the United States, or any foreign country. There EXHIBIT 2
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are currently no actual or threatened claims by any such third party based on an alleged violation of any such right by Subrecipient.
c. Neither Subrecipient’s performance nor any part of its performance will violate the right of privacy of or constitute a libel or slander against any person or entity. d. Subrecipient has secured and will secure all rights and licenses necessary for Intellectual Property including, but not limited to, consents, waivers or releases from all authors of music or performances used, and talent (radio, television and motion picture talent), owners of any interest in and to real estate, sites locations, property or props that may be used or shown.
e. Subrecipient has not granted and shall not grant to any person or entity any right that would or might derogate, encumber, or interfere with any of the rights granted to County in this Contract.
f. Subrecipient 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.
g. Subrecipient has no knowledge of any outstanding claims, licenses or other charges, liens or encumbrances of any kind or nature whatsoever that could affect in any way Subrecipient’s performance of this Contract.
ii. COUNTY MAKES NO WARRANTY THAT THE INTELLECTUAL PROPERTY
RESULTING FROM THIS CONTRACT DOES NOT INFRINGE UPON ANY PATENT,
TRADEMARK, COPYRIGHT OR THE LIKE, NOW EXISTING OR SUBSEQUENTLY ISSUED.
H. Intellectual Property Indemnity:
i. Subrecipient shall indemnify, defend and hold harmless County and its licensees and assignees, elected and appointed officials, officers, directors, employees, agents, representatives, successors, and users of its products, ("Indemnitees") from and against all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses related thereto (including, but not limited to, all legal expenses, court costs, and attorney’s fees incurred in investigating, preparing, serving as a witness in, or defending against, any such claim action, or proceeding, commenced or threatened) to which any of the Indemnitees may be subject, whether or not Subrecipient is a party to any pending or threatened litigation, which arise out of or are related to:
a. The incorrectness or breach of any of the representations, warranties, covenants or agreements of Subrecipient pertaining to Intellectual Property; or, b. Any Intellectual Property infringement, or any other type of actual or alleged EXHIBIT 2
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infringement claim, arising out of County’s use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance/display, license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract. This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that was issued after the effective date of this Contract. County reserves the right to participate in and/or control, at Subrecipient’s expense, any such infringement action brought against County. ii. Should any Intellectual Property licensed by the Subrecipient to County under this Contract become the subject of an Intellectual Property infringement claim Subrecipient will exercise its authority reasonably and in good faith to preserve County’s right to use the licensed Intellectual Property in accordance with this Contract at no expense to County. County shall have the right to monitor and appear through its own counsel (at Subrecipient’s expense) in any such claim or action. In the defense or settlement of the claim, Subrecipient may obtain the right for County to continue using the licensed intellectual Property or, replace or modify the licensed Intellectual Property, so that the replaced or modified Intellectual Property becomes non-infringing provided that such replacement or modification is functionally equivalent to the original licensed Intellectual Property. If such remedies are not reasonably available, County may be entitled to a refund of all monies paid under this Contract, without restriction or limitation of any other rights and remedies available at law or in equity.
iii. Subrecipient agrees that damages alone would be inadequate to compensate County for breach of any term of these Intellectual Property Paragraph provisions (A) through (I) by Subrecipient.
Subrecipient acknowledges County would suffer irreparable harm in the event of such breach and agrees County shall be entitled to obtain equitable relief, including without limitation an injunction, from a court of competent jurisdiction, without restriction or limitation of any other rights and remedies available at law or in equity.
I. Survival:
The provisions set forth herein shall survive any termination or expiration of this Contract or any Contract schedule.
20. Complaint Resolution Process and Grievance Procedures for Participants Subrecipient shall comply with grievance procedures, as defined by the program’s funding stream.
Subrecipient shall advise participants of their right to file complaints and of the procedures for resolution of complaints. Subrecipient shall follow program’s procedures for handling complaints which is available from the County’s Project Manager for alleging a violation of regulations, grants or other agreements.
Any decision of the County, the State or the Federal government relating to the complaint shall be binding on Subrecipient.
Subrecipient shall post the entire Notice of the Grievance Procedure Process in a location that is commonly visible for program participants on its website and at its service location(s).
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21. Sectarian Activities
Subrecipient certifies that this Contract does not aid or advance any religious sect, church or creed for a purpose that is sectarian in nature, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination.
22. Standards of Conduct
A. General Assurance. Every reasonable course of action will be taken by Subrecipient in order to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct.
This Contract will be administered in an impartial manner, free from efforts to attain personal, financial or political gain. Subrecipient, its officers and employees, in administering this Contract, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain.
B. Employment of Former State or County Employees. Subrecipient will ensure that any of its employees who were formerly employed by the State of California or County, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Contract, will not be assigned to any part or phase of the activities conducted pursuant to this Contract for a period of not less than two years following the termination of such employment.
C. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of Subrecipient will receive favorable treatment when considered for enrollment in programs provided by, or employment with Subrecipient.
D. Conducting Business Involving Close Personal Friends and Associates. Executives and employees of Subrecipient will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Contract, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for Subrecipient to conduct business with a friend or associate of an executive or employee of Subrecipient or an elected official in the area or a staff person or consultant who is a member or officer of the Board of Directors or other official governing body of Subrecipient, a permanent record of the transaction will be retained.
E. Avoidance of Conflict of Economic Interest. No executive or employee of Subrecipient, elected official in the area, or any staff person or consultant who is a member or officer of the Board of Directors or other official governing body of Subrecipient will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by Subrecipient or County.
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23. Literature/Publicity
Any literature distributed by Subrecipient for the purpose of apprising businesses, participants, or the general public of its programs under this Contract shall state that its program, wholly or in part, is funded through County, State and Federal government funds; are supported by the County of Orange and the Orange County Development Board and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities."
24. Participants
A. Eligibility- Only participants who have been determined to meet all federal eligibility requirements to receive WIOA Title I Career Services and training hereunder shall be enrolled by Subrecipient in any occupational training. Determinations that participants meet federal eligibility requirements shall be made by the Orange County Workforce Solutions Center funded by County, and, when applicable, by City of Santa Ana - Regional Workforce Services.
B. Benefits- Benefits shall be provided to participants in accordance with the standards and requirements set forth in the Act, including Section 181.
C. Rights and Privileges- All participants enrolled in courses pursuant to the Contract shall be entitled to all the rights and privileges to which other Subrecipient students are entitled, including, but not limited to, special instruction, use of facilities on Subrecipient’s premises such as the libraries and learning centers, counseling, student body activities, and veterans’ benefits. Subrecipient’s representatives will provide academic counseling for participants and inform them of Subrecipient’s services available to them.
D. Labor standards- Subrecipient shall adhere to the Labor standards described in the Act, including Section 181 of the Act, and all other applicable codes and regulations.
25. Pell Grants/HEA Title IV
If Subrecipient provides any services under this Contract to applicants for or recipients of Pell Grants or awards pursuant to Title IV of the Higher Education Act, Subrecipient shall cooperate with County’s Project Manager in coordinating these grants and awards with WIOA funding in accordance with 20 C.F.R. 663.320 and section 134 (d) of the Act.
26. Policies and Procedures
Subrecipient shall monitor its program for compliance with the provisions of this Contract. Subrecipient shall also comply with all applicable parts of County’s WIOA Policies and Procedures for recruitment, intake, assessment and referral, copies of which are available from County’s Project Manager.
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27. Sweat-free Code of Conduct
All Subrecipients contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, or supplies have been furnished to the Subrecipient from sources that include sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Subrecipient further declares under penalty of perjury that they adhere to the Sweat-free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
The Subrecipient agrees to cooperate fully in providing reasonable access to the Subrecipient’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the State or County, the Department of Industrial Relations, or the Department of Justice to determine the Subrecipient’s compliance with the requirements under this paragraph.
28. S.W.A.G
The Subrecipient and its Subcontractor/Vendors shall comply with Governor’s Executive Order 2-18- 2011, which bans expenditures on promotional and marketing items colloquially known as “S.W.A.G.” or “Stuff We All Get.”
29. Corporate Status
All corporate Subrecipients shall be registered with the California Secretary of State and shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board, or Internal Revenue service. The corporate Subrecipient shall maintain the good status standing with the Secretary of State of California throughout the term of this Contract. Any change in corporate status or suspension shall be reported by Subrecipient immediately in writing to County’s Project Manager. If Subrecipient fails to maintain good standing or has failed to be in good standing at the time of the effective date of this Contract, County, in addition to all remedies available under the law and this Contract, pursuant to Termination provision of this Contract, terminate this Contract for cause.
Subrecipient, by signing this Contract, does swear under penalty of perjury that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against Subrecipient within the immediately preceding two-year period because of Subrecipient’s failure to comply with an order of a federal court which orders the Subrecipient to comply with an order of the National Labor Relations Board.
EXHIBIT 2
City Council 24 – 111 1/21/2025
County of Orange
OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
30. Equipment
All computer-related and electronic equipment purchased with funds provided under this Contract or which are furnished to Subrecipient by County shall be considered “Equipment.” This includes, but is not limited to laptops, desktop computers, iPads, cell phones, PDAs, cameras, and DVD players. Title to all items of Equipment purchased vests and will remain in County, and as such shall be designated by County’s Project Manager. The use of such items of Equipment is limited to the performance of this Contract. Upon the termination of this Contract, Subrecipient shall immediately return any items of Equipment to County or its representatives or dispose of them in accordance with the directions of County’s Project Manager.
Subrecipient further agrees to the following:
A. To maintain all items of Equipment in good working order and condition, except for normal wear and tear.
B. To label all items of Equipment, do periodic inventories as required by County’s Project Manager and to maintain an inventory list showing where and how the Equipment is being used, in accordance with procedures developed by County’s Project Manager. All such lists shall be submitted to County’s Project Manager within ten (10) days of the request, therefore Inventory lists must be maintained for four (4) years after final disposition of property.
C. To report in writing to County’s Project Manager immediately after discovery, the loss or theft of any items of Equipment. For stolen items, the local law enforcement agency must be contacted, and a copy of the police report submitted to County’s Project Manager.
D. To purchase a policy or policies of insurance covering loss or damage to any and all Equipment purchased under this Contract, in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief and special extended perils (all risks) covering the Parties’ interests as they appear.
E. The purchase of any Equipment by Subrecipient shall be requested by Subrecipient in writing, shall require the prior written approval of the Administrator and shall fulfill the provisions of this Contract which are appropriate and directly related to Subrecipient’s service or activity under the terms of this Contract. County may refuse reimbursement for any costs resulting from Equipment purchased, which are incurred by Subrecipient, if prior written approval has not been obtained from County’s Project Manager.
31. Compliance with Law - Contract:
In its performance under this Contract, Subrecipient shall fully comply with the requirements of the following, whether or not otherwise referred to in this Contract:
A. WIOA and all applicable Federal statues, regulations, policies, procedures and directives, including but not limited to, 20 CFR Parts 676 through 678 and Parts 675, 679 through 687.
EXHIBIT 2
City Council 24 – 112 1/21/2025
County of Orange
OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
i. All applicable standards and orders and requirements issued under Section 306 of the Clean Air Act https://www.gpo.gov/fdsys/pkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85- subchapIII-sec7606.htm, Section 508 of the Clean Water Act and Environmental Protection Agency regulations https://www.epa.gov/enforcement/clean-water-act-cwa-and-federal-facilities ii. All mandatory standards and policies relating to energy efficiency as particularized in the State Energy Conservation Plan (Title 20, California Code of Regulations), as required by the U.S.
Energy Policy and Conservation Act (P.L. 94-163) as each may now exist or be thereafter amended; https://www.ecfr.gov/current/title-10/part-420 iii. Davis-Bacon Act https://www.law.cornell.edu/cfr/text/29/part-5 “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction” iv. Copeland “Anti-Kickback” Act https://www.dol.gov/agencies/whd/governmentcontracts/copeland-anti-kickback v. Byrd Anti-Lobbying Amendment https://www.law.cornell.edu/cfr/text/29/part-93 vi. Compliance with Section 6002 of the Solid Waste Disposal Act https://www.ecfr.gov/current/title-45/section-75.331
vii. Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 https://www.presidency.ucsb.edu/documents/executive-order-11246-equalemployment-opportunity and supplemented by the requirements of 41 CFR Part 60. https://www.law.cornell.edu/cfr/text/41/chapter-60
viii. Compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act http://law.justia.com/codes/us/1997/title40/chap5/subchapii/sec328 B. All applicable State statues, regulations, policies, procedures and directives; C. All applicable County policies, procedures and directives; D. All applicable local ordinances and requirements, including use permits and licensing; E. Court orders applicable to Subrecipient’s operations; F. All federal and state guidance and training and employment guidance letters; and G. The terms and conditions of this Contract, including Attachments and Exhibits.
Nothing in this Compliance with Law- Contract Paragraph shall limit Subrecipients obligations or County’s rights or Subrecipient’s obligations under Compliance with Laws Paragraph or under any other provision in the Contract.
32. Other Requirements – Program Confidentiality
A. Without prejudice to or limitation of any other Section/Paragraph of this Contract, Subrecipient shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of Federal and State law. However, Subrecipient shall submit to County, the State of California and/or the United States government or their representatives, all records EXHIBIT 2
City Council 24 – 113 1/21/2025
County of Orange
OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
requested for administrative purposes, including audits, examinations, monitoring and verification of reports submitted by Subrecipient, costs incurred and services rendered hereunder.
B. Subrecipient shall require all of its employees, agents, subcontractors and volunteer staff who may provide services to Subrecipient under this Contract to sign an agreement with Subrecipient before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all participants referred to Subrecipient by County, except as may be required to provide services under this Contract or to those specified in this Contract as having the capacity to audit Subrecipient, and as to the latter, only during such audit. Subrecipient shall provide reports and any other information required by County in the administration of this Contract, and as otherwise permitted by law.
C. The State of California Information Practices Act of 1977 sets forth certain requirements and safeguards regarding records pertaining to individuals, including the rights of access by the subject individual and by third parties. The disclosure of information from student records is governed by the Federal Family Educational Rights and Privacy Act (FERPA) and in part by the State of California Education Code and Subrecipient Policies Applying to the Disclosure of Information and Student Records. It is the purpose of these policies to provide reasonable interpretations of those laws and to protect the student’s right to privacy. The Federal Family Educational Rights and Privacy Act (FERPA) is a U.S. federal law that protects the privacy of student records. Generally, this law states schools must have written permission from the student in order to release any information from a student’s education record.
The Subrecipient shall be guided by the following principles: (1) the release of any personally identifiable student information to any third parties shall be managed in ways that are in compliance with FERPA and (2) the information in the student’s file should be disclosed to the student upon request. Therefore, Subrecipient shall procure the written consent from students enrolled through the County allowing Subrecipient to disclose to the participants’ employer, County of Orange, State of California, or U.S.
Department of Labor student information such as grades, academic disputes and other matters related to a student’s status as a student. Such consent shall be obtained materially in the form, titled Family Educational Rights and Privacy Act (FERPA) Authorization to Release Information to a Designated Third Party.
D. Subrecipient agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this Contract.
33. Contingent Fees
The Subrecipient warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees of the Subrecipient or bona fide established commercial or selling agencies maintained by the Subrecipient for the purpose of securing business.
For breach or violation of this warranty, the County shall have the right to terminate this Contract in EXHIBIT 2
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OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
accordance with the termination clause and at its sole discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee from the Subrecipient.
34. Transitional Requirements
One-hundred and eighty (180) days prior to the expiration/cancellation of the term of the Contract, Subrecipient shall provide the County with a plan for transitioning services provided under this Contract to the County, or third party(ies) designated by the County, upon the termination or expiration of the Contract for any reason (“Termination Transition Plan”). Subrecipient’s Termination Transition Plan shall include all details necessary to guide Subrecipient, County, and other third-party vendors through the process of migrating all functions and services previously performed by Subrecipient to the County or its new designee(s) and shall include at least the following elements:
a. Meets County timeline requirements;
b. Details specific transition activities to be accomplished; c. Assigns responsibility for owning the execution of each transition activity; d. Assigns responsibility for all supporting roles for each transition activity; e. Includes timelines detailing expected durations for each transition activity; f. Is documented and available to all entities associated with providing services under the Contract; g. Ensures appropriate subject matter experts are assigned to plan development; and h. Identifies termination risks associated with transitioning the services.
The County shall have the right to approve and request modifications to the Termination Transition Plan, and Subrecipient shall make all such modifications in a timely manner.
The Parties acknowledge and agree that County’s operations are dependent on the services provided under this Contract and County’s inability to receive such services may result in irreparable damages to County.
The provisions of this clause shall survive the expiration or termination of this Contract.
35. Set-Off
In addition to, and cumulative of, all other remedies at law, in equity or provided under this Contract, County may set off against any and all amounts otherwise payable to Subrecipient pursuant to any of the provisions of this Contract: (A) any and all amounts claimed by County in good faith to be owed by Subrecipient to County pursuant to any of the provisions of this Contract; (B) any and all amounts claimed by County in good faith to be owed by Subrecipient pursuant to any other written agreement between the Parties; and (C) any costs previously invoiced by Subrecipient that (i) have been determined by the County, or applicable California or federal authority, to be disallowed or ineligible under WIOA and/or all applicable laws, regulations, and requirements set forth in the Compliance with Law – Contract EXHIBIT 2
City Council 24 – 115 1/21/2025
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OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
Paragraph of this Contract, and (ii) have not been reimbursed to the County after sixty-days’ notice that such cost is disallowed or ineligible under WIOA. Within forty-five (45) calendar days after any such setoff by County, County shall provide Subrecipient with a written accounting of such set-off and a written statement of the reasons therefore.
36. No Termination or Suspension of Services (Continued Performance) Notwithstanding anything to the contrary contained herein, and even if any dispute arises between the Parties or Subrecipient alleges the County’s breach of contract, and regardless of whether the Parties require at any time the use of any dispute resolution procedures in the Disputes – Contract Paragraph or otherwise established by the Parties in writing, or the exercise of the Set-Off Paragraph, in no event nor for any reason shall Subrecipient, during the term of the Contract, suspend or otherwise interrupt the provision of services to the County or under this Contract, interrupt any obligations of or related to a Termination Transition Plan, disable any assets used to provide services, or perform any other action that prevents, impedes, or reduces in any way the provision of services or the County’s ability to conduct its activities, unless: (A) authority to do so is granted by the County’s Contract Administrator (or his or her designee) in writing or conferred by a court of competent jurisdiction; or, (B) the term of this Contract has expired, or been terminated pursuant to the Termination Paragraph hereof and Subrecipient has performed all services required to complete the Termination Transition Plan to the satisfaction of the County, and the Contract Administrator has provided written notice thereof.
EXHIBIT 2
City Council 24 – 116 1/21/2025
County of Orange
OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their respective signatures.
CITY OF SANTA ANA,*
Signature Name Title Date
ATTEST:
Signature Name Title Date
APPROVED AS TO FORM:
Signature Name Title Date
RECOMMENDED FOR APPROVAL:
Signature Name Title Date
COUNTY OF ORANGE, A political subdivision of the State of California COUNTY AUTHORIZED SIGNATURE:
Deputy Purchasing Agent
Signature Name Title Date
* If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation.
Andrea Garcia-Miller, Assistant City Attorney 1/6/2025
EXHIBIT 2
City Council 24 – 117 1/21/2025
County of Orange
OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
ATTACHMENT A - SCOPE OF SERVICES
1. Scope of Services
I. PURPOSE
The purpose of this Contract is to provide Regional Workforce Consulting Services that support federally funded services offered through the Workforce Innovation and Opportunity Act (WIOA) and by the Orange County Workforce Development Board (OCWDB) and its Subrecipients for Workforce Services and Initiatives in the Orange County Region. Subrecipient shall provide Workforce Services and Initiatives as a partner in the Orange Workforce Alliance, formerly known as the Orange Regional Planning Unit.
II. SERVICES
Regional Planning and Implementation – Collaborate with the OCWDB in establishing and facilitating regional goals and objectives; developing regional strategies, policies, and programs as part of regional planning and infrastructure development; focus on targeted populations, communities, and/or WIOA activities as a key partner in the state identified Regional Planning Unit. a. Monitoring and Evaluation Services will also be available if needed.
III. DELIVERABLES
a. Subrecipient will be called upon to provide at a minimum but not limited to the following services on an as-needed basis:
a. Regional Plan Implementation 5.0
i. Collaborate with OCWDB in developing establishing and facilitating a post-COVID19 Economic Development Strategy that supports regional goals and objectives; developing regional strategies, policies, and programs as part of regional planning and infrastructure development.
ii. Collaborate with OCWDB to address the identified needs, service gaps, existing resources, and potential partnerships in the region.
iii. Assist OCWDB and Regional Organizer (RO) with building community partnerships in the 4 identified industry sectors; targeting special resources to support postCOVID-19 recovery strategies focusing on race, equity, and high road economy. iv. Promote regional collaboration and support of the regional plan implementation activities.
v. Attend regional workforce development board partner meetings and training. vi. Assist in the development and implementation of capacity building, training, and development opportunities for staff and partners.
1. Invoices are due on the 20th of each month for the previous month’s expenditures in accordance with the "OC Community Resources Contract Reimbursement Policy" Exhibit of EXHIBIT 2
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Regional Workforce Consulting Services
this Contract. Subrecipient has a 30- day grace period after the 20th of the month to submit the invoice, with the following exceptions: (1) the final close-out invoice must be submitted by the 15th of the month following the month being reported and (2) the invoices for May and June business must be submitted by the 15th of June and 15th of July, respectively.
2. Due dates of project and program development activities will be project-specific and will be determined at the time of the project assignment.
Subrecipient will be provided access to the Project Manager who will assist with the scheduling and information needed to complete the required deliverables for said services and projects pertaining to the Orange Workforce Alliance.
EXHIBIT 2
City Council 24 – 119 1/21/2025
County of Orange
OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
ATTACHMENT B - PAYMENT AND COMPENSATION
1. Compensation:
This is a firm fixed fee Contract between County and Subrecipient for Regional Workforce Consulting Services as set forth in the “Scope of Services” Attachment.
Subrecipient agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Subrecipient of all its duties and obligations hereunder. Subrecipient shall only be compensated as set forth herein for work performed in accordance with the Scope of Services. County shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles "Changes" and "Amendments" of County Contract Terms and Conditions, which may require approval by the County Board of Supervisors.
2. Fees and Charges:
County will pay the fees and charges in accordance with the provisions of this Contract. Payment shall be as follows:
Line Item Description Unit of
Measurement
Unit Cost
1 City of Santa Ana – Regional Workforce Consulting
Services
each $30,000.00
TOTAL NOT TO EXCEED AMOUNT OF: $30,000.00
3. Price Increase/Decreases:
No price increases will be considered during the first year/term of the Contract. County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 30-days advance notice in writing is required for consideration of such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extended to County of Orange. County may enforce, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of Contract. Adjustments increasing Subrecipient's profit will not be allowed.
4. Firm Discount and Pricing Structure:
Subrecipient guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Subrecipient agrees that no price increases shall be passed along to County during the term of this Contract not otherwise specified and provided for within this Contract.
EXHIBIT 2
City Council 24 – 120 1/21/2025
County of Orange
OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
5. Subrecipient’s Expense:
Subrecipient will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract.
6. Payment Terms – Payment in Arrears:
Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Subrecipient shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Subrecipient.
Billing shall cover services not previously invoiced. The Subrecipient shall reimburse the County of Orange for any monies paid to the Subrecipient for services not provided or when services do not meet the Contract requirements and/or are not eligible for reimbursement or allowable costs under WIOA and all applicable laws, regulations, and requirements set forth in Article "Compliance with Law – Contract" of this Contract.
No payments will be made if any preceding months’ data, reports, or invoices are outstanding, unless otherwise approved by the Administrator.
No payments will be made for costs incurred by Subrecipient which are not “allowable costs” applicable to Subrecipient under 2 CFR Part 200.
Whenever Subrecipient is not in compliance with any provision of this Contract, County’s Project Manager, may withhold payment or a portion thereof until such time Subrecipient comes into compliance.
County shall promptly review invoices submitted by Subrecipient and, within thirty (30) days after receiving each invoice, County shall either: (a) approve such invoice in its entirety; or (b) notify Subrecipient, in writing, of those portion(s) of such invoice that are denied, together with the reasons stated therefore (i.e. disallowed cost, lack of documentation, etc.).
County’s Project Manager, also reserves the right to refuse and withhold payment to Subrecipient for later disallowed costs; or for any expenditure determined by County’s Project Manager, not to be in compliance with this Contract, or unrelated to activities for which this Contract provides, or inappropriate to such activities; or for which there is inadequate supporting documentation presented; or for which prior approval was required but was either not requested or not granted. Payment to Subrecipient may be refused until County receives reimbursement from Subrecipient for any Subrecipient outstanding disallowed costs.
Total Monthly Costs may exceed one-twelfth of the Maximum Obligation of County. Upon receipt of sufficient written justification from the Subrecipient, as determined in the sole discretion of the County’s Project Manager, or designee, the Project Manager, has the discretion, in any given month, to pay over the monthly one-twelfth of the Maximum Obligation.
Payments made by County shall not preclude the right of County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
EXHIBIT 2
City Council 24 – 121 1/21/2025
County of Orange
OC Community Resources
MA-012-25010267
Regional Workforce Consulting Services
7. Taxpayer ID Number:
Subrecipient shall include its taxpayer ID number on all invoices submitted to County for payment to ensure compliance with IRS requirements and to expedite payment processing.
8. Payment – Invoicing Instructions:
Subrecipient will provide an invoice on Subrecipient’s letterhead for goods delivered and/or services rendered. In the case of goods, Subrecipient will leave an invoice with each delivery. Each invoice will have a number and will include the following information:
A. Subrecipient’s name and address
B. Subrecipient’s remittance address, if different from “a” above C. Subrecipient’s Taxpayer ID Number
D. Name of County Agency/Department
E. Delivery/service address
F. Contract MA-012-25010267
G. Requisition 1695378
H. Agency/Department’s Account Number
I. Date of invoice
J. Product/service description, quantity, and prices
K. Sales tax, if applicable
L. Freight/delivery charges, if applicable
M. Total
Program Invoice(s) must be emailed to the following address:
Email: [email protected]
9. Payment (Electronic Funds Transfer (EFT):
County of Orange offers Subrecipients the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to The County of Orange via an EFT Authorization Form. To request a form, please contact the agency/department Procurement Buyer listed in Contract. Upon completion of the form, please mail, fax or email to the address or phone listed on the form.
10. Close-Out Deadlines
The close-out invoice is due on April 15, 2025, without exceptions. In cases of returned invoices due to errors or Disallowed costs, Subrecipient must resubmit revised invoice(s) within two (2) business days of EXHIBIT 2
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Regional Workforce Consulting Services
notification from County. Request for budget modifications and/or invoice revisions from the Subrecipient will be restricted to a minimum for June or final program month invoices and will only be allowed at the County’s discretion. Subrecipient must submit the final program month invoice estimates by February 31, 2025. Estimates must be projected based on anticipated actual expenditure. Invoices submitted or received after the close-out period will not be reimbursed.
EXHIBIT 2
City Council 24 – 123 1/21/2025
ATTACHMENT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the Contractor will provide Regional Workforce Consulting Services identified in this attachment.
I. GOVERNANCE
Contractor agrees to comply, remain informed, and deliver services consistent with the provisions of the Workforce Innovation and Opportunity Act (WIOA), County of Orange, Orange County Workforce Development Board (OCWDB) Policies, and Orange County Regional and Unified Local Plan 2021-2024.
Where local policy has not been set, Contractor agrees to adhere to state and/or federal policy, as appropriate.
II. GOVERNANCE REFERENCES
A. Workforce Investment Act/Workforce Innovation and Opportunity Act - Department of Labor, Employment and Training Administration, 20 CFR Part 652 et al. Workforce Investment Act; Final Rules/WIOA 20CFR Part 676, 677 and 678.
B. Department of Labor, Employment and Training Administration, 20 CFR Part 652 et al.
Workforce Investment Act; Final Rules/WIOA 20CFR Part 676, 677 and 678.
C. Additional state and federal agencies that provide funding to the County of Orange/ OC Community Resources/OC Community Services/Workforce & Economic Development Division that may be incorporated herein.
D. Information Bulletins, Directives and any other federal and state guidance documents pertaining to the WIOA.
E. All Actions, directives, and policy and procedures issued by OC Community Resources/ OC Community Services/Workforce & Economic Development Division/Orange County Workforce Development Board (OCWDB) or staff relevant to this CONTRACT, specifically Management Information System (MIS) Policies and Procedures, Monitoring Guide Policy and Procedure, Audit Requirements Policy and Procedure and Selective Service Policy and Procedure.
F. County of Orange policies, as applicable.
III. CONTRACTOR/SUBRECIPIENT DETERMINATION
In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this Contract, City of Santa Ana is determined to be a Contractor.
EXHIBIT 2
City Council 24 – 124 1/21/2025
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A. Contractor Name: City of Santa Ana/Santa Ana Workforce Development Board B. Contractor’s Unique Entity
Identification (SAM): KZE9G2M4GRX9
C. Federal Award Identification
Number (FAIN): See Table F
D. Federal Award Date: See Table F
E. Subaward Period of Performance: Upon Execution – 03/31/2025 F. Total Amount of Federal Funds
Obligated by the Action: $30,000.00
CFDA FAIN Award Date Funds Amount
17.258 AA-35818-22-55-A-6 01/1/2023– 03/31/2025
Regional Plan
Implementation
5.0 (RPI) Grant
$30,000
TOTAL: $30,000
G. Total Amount of Federal Funds
Obligated to the Contractor: $30,000
H. Total Amount of the Federal
Award: $131,250.00
I. Federal Award Project
Description: Regional Plan Implementation 5.0 (RPI) Grant J. Federal Awarding Agency: California Workforce Development Board K. Name of PTE: Employment Development Department and County of Orange L. Contact Information for the
Awarding Official: Renee Ramirez, Director of Orange County Community Services
Phone Number: (714) 480-6483
E-mail Address: [email protected]
M. CFDA Number and Name: See Table F
N. Whether Award is R&D: No
O. Indirect Cost Rate for the Federal
Award: 10% Cap
EXHIBIT 2
City Council 24 – 125 1/21/2025
ATTACHMENT D
BUDGET
REGIONAL WORKFORCE CONSULTING SERVICES
BUDGET
The CONTRACT total shall not exceed $30,000.00. Each project description and corresponding budget under this CONTRACT shall be mutually determined and agreed upon by COUNTY and CONTRACTOR. Project descriptions shall be in Attachment A, herein and corresponding project budgets shall be listed in Attachment D herein.
Activities PY 2022-2023
Regional Plan Implementation (RPI) 5.0
Grant Code: 1266
End Date: March 31, 2025
$30,000.00
Total: $30,000.00
EXHIBIT 2
City Council 24 – 126 1/21/2025
ATTACHMENT E
STAFFING PLAN
Title FTE*
Economic Development Specialist III .10
Economic Development Specialist III .10
TOTAL: .20
*1.00 FTE = Full-Time Equivalent
The substitution or addition of other key individuals in any given category or classification shall be allowed only with prior written pre-approval of the County Project Manager.
The Parties agree that the County has the right to require other or additional personnel to perform services under the Contract, as required. The specific individuals will be assigned based on the need and time of the service/class required. Assignment of additional key personnel shall be subject to County approval.
County of Orange 1 of 1 City of
Orange County Community Resources Contract Number
EXHIBIT 2
City Council 24 – 127 1/21/2025
Exhibit 1
DRUG FREE WORKPLACE CERTIFICATION
Company/Organization Name
City of Santa Ana
The Contractor or grant recipient named above hereby certifies compliance with Government Code 8355 in matters relating to providing a drug-free workplace. The above named Contractor will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying the actions to be taken against employees for violations of the prohibitions, as required by Government Code Section 8355(a).
2. Establish a Drug Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
A. The dangers of drug abuse in the workplace,
B. The person’s or organization’s policy of maintaining a drug-free workplace, C. Any available drug counseling, rehabilitation and employee assistance programs, and
D. Penalties that may be imposed upon employees for drug abuse violations
3. Provide as required by Government code Section 8355I that every employee who works on the proposed contract or grant
A. Will receive a copy of the company’s drug-free policy statement described in paragraph (1) above, and
B. Will agree to abide by the terms of the company’s statement as a condition of employment in the contract or grant.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification.
Official’s Name
Orange County, California
Date Executed Executed in the County of
Contractor or Grantee Recipient Signature and Title
EXHIBIT 2
City Council 24 – 128 1/21/2025
Exhibit 2
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document.
Name
Title
Authorized Signature Date
EXHIBIT 2
City Council 24 – 129 1/21/2025
Exhibit 2
DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification
1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below.
2. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.
3. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
6. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.
EXHIBIT 2
City Council 24 – 130 1/21/2025
Exhibit 3
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, 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 an 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 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 Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly.
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.
Grantee/Contractor Organization
Name
Title
Authorized Signature Date
*Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB).
City of Santa Ana
EXHIBIT 2
City Council 24 – 131 1/21/2025
Exhibit 4
INSTRUCTIONS FOR COMPLETION OF
SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered Federal action.
Use the SF LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient.
Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants.
5. If the organization filing the report, in item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include congressional district, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP DE 90 09."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10).
Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF LLL A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503.
EXHIBIT 2
City Council 24 – 132 1/21/2025
Exhibit 4
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose activities pursuant to 31 U.S.C 1352
1. Type of Federal Actions:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Actions:
a. bid/offer/application
b. initial award
c. post-award
3. Report Type:
a. initial filing
b. material change
For material change only:
Year: Quarter:
Date of last report:
4. Name and Address of Reporting Entity
Prime Subawardee
Tier if known
Congressional District, if known:
5. If Reporting Entity in No. 4 is a Subawardee:
Enter Name and Address of Prime:
Congressional District, if known:
6. Federal Department / Agency: 7. Federal Program Name/Description
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
(attach Continuation Sheets SF-LLL-A, if necessary)
10b. Individual Performing Services
(including address if different from No. 10a)
(last name, first name, MI):
11. Amount of Payment (check all that apply):
$ Actual
Planned
13. Type of Payment (check all that apply)
a. retainer
b. one-time free
c. commission
d. contingent fee
e. deferred
f. other specify:
12. Form of Payment (check all that apply):
a. cash
b. in-kind: specify:
nature:
value:
14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated on item 11:
15. Continuation sheet(s) SF-LLL-A attached: Yes No
16. Information requested through this form authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection. An person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No:
Date:
EXHIBIT 2
City Council 24 – 133 1/21/2025
Exhibit 4
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Approved by OMS - 0348-0046
Reporting Entity:
Page of
BILLING CODES 3410-01 -C; 6450-01-C; 6890-01 ;6025-01-C; 7510-01-C , 35 1 0-FE-C; 8120-01 -C; 4710-24-C, 6116-01 -C, EXHIBIT 2
City Council 24 – 134 1/21/2025
EXHIBIT 5
Subject: OC Community Resources
Contract Reimbursement Policy
Effective: July 1, 2010
Revised: January 17, 2020
PURPOSE:
This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services and OC Housing & Community Development. The procedures provide instructions for submitting reimbursement demand letter or invoice.
REFERENCES:
Executed County Board of Supervisors approved contract
Budget included in contract or presented as an attachment 48 CFR Part 31 Contract Cost Principles and Procedures
24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For OC Housing & Community Development Contracts only.
2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance)
BACKGROUND:
The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced Uniform Guidance and Code of Federal Regulations (CFR).
ATTACHMENTS:
Reimbursement Policy Status Form (RPS-1)
POLICY:
Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services’ and Housing & Community Development reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services and OC Housing & Community Development may use reasonable discretion in interpreting and applying this policy to services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services and OC Housing & Community Development may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication.
Cost incurred by Contractor must be substantiated and incurred during the contract period.
Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice.
EXHIBIT 2
City Council 24 – 135 1/21/2025
At any time, based on County’s business needs and/or Contractor’s performance, the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section.
PROCEDURES:
Abbreviated Documentation Requirements
Compile and submit:
1. Supporting documentation includes, but is not limited to:
a. General ledger/expense transaction report
b. Payroll register or labor distribution report
c. Payroll allocation plan
d. Personnel Documentation
e. Benefit plan and calculation of benefit
f. Employer-employee contract for non-customary benefits (if applicable) g. Pre-approval documentation for equipment purchases equal to or greater than $5,000
2. The following is required with the first month’s invoice only:
a. Cost allocation plan for rent, utilities, etc.
b. Indirect rate approved by cognizant agency (if applicable)
3. Summary of leveraged resources (if applicable)
4. Demand letters must contain the following certification (if required by Contract):
“By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 Sections 3729-3730 and 3801-3812)”
5. Grantee Performance Report (if required by Contract)
6. Supporting documentation shall be on single-sided sheets
7. Please redact employees’ Social Security Number from payroll reports
8. Demand letter or invoice, along with supporting documentation shall be submitted to:
OC Community Resources Accounting
601 N. Ross St., 6th Floor
Santa Ana, CA 92701
Comprehensive Documentation Requirements
In addition to abbreviated documentation, compile and submit:
9. Purchase orders, invoices, and receipts
10. Cashed checks
11. Check register
12. Consultant/sub-contractor invoices (with description of services)
13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement ACTION:
Distribute this policy to all appropriate staff
INQUIRIES: Inquiries may be directed to OCCR Accounts Payable at:
[email protected]
EXHIBIT 2
City Council 24 – 136 1/21/2025
EXHIBIT 5
Reimbursement Policy Status (RPS-1)
Reimbursement Policy Status Form
Per OC Community Resources Contract Reimbursement Policy, in regards to the Contract # listed herein, Contractor is designated with the Documentation Status of Abbreviated unless Comprehensive is checked below. If the contractor’s designation should change to Abbreviated, a new status form shall be approved. All related documentation requirements are in full force, until further notice.
Contractor: City of Santa Ana Effective Date: Upon Execution Contract #: MA-012-24010267
Documentation Status: ☐ Abbreviated ☒ Comprehensive
************************************************************************************************************* Program Authorization by: Auditor Controller Authorization by:
Print Name Print Name
Signed by: Signed by:
Date: Date:
Two signatures are required to implement the form.
Distribution:
Contractor
Auditor Controller
Contract File
Program File
EXHIBIT 2
City Council 24 – 137 1/21/2025
Human Resources Department
www.santa-ana.org/HR
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Extension to Memorandum of Understanding between the City of Santa Ana and the Service Employees International Union Local 721 Part-Time Non Civil Service Employees Unit
AGENDA TITLE
Extension to the Memorandum of Understanding (“MOU”) for Classifications Represented by the Service Employees International Union Local 721 Part-Time Non Civil Service Employees Unit (“SEIU-PTNCS”)
RECOMMENDED ACTION
Authorize the City Manager to execute an extension to the existing Memorandum of Understanding with SEIU-PTNCS regarding wages, hours, and other terms and conditions of employment effective through May 15, 2025, and authorize non-substantive changes which may be necessary to implement the agreement (Agreement No. A-2025- XXX).
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
SEIU-PTNCS represents over four hundred (400) part time employees in various classifications throughout the City. The current MOU expired on November 15, 2024 and the parties engaged in negotiations for a successor MOU. The City and SEIU-PTNCS agreed upon an extension of the existing MOU along with certain amendments regarding salary increases and safety shoe allowance. The extension and amendment provide the following:
1. Term: The original term of the contract was from November 16, 2022 through November 15, 2024. The extension would lengthen the term through May 15, 2025.
2. Salary: One percent (1%) wage increase effective the first full pay period after November 15, 2024.
3. Safety Shoes: The City currently provides two hundred dollars ($200) per fiscal year per eligible employee for the purchase and/or repair of approved safety City Council 25 – 1 1/21/2025
Extension of MOU with SEIU
January 21, 2025
shoes/boots. Effective the first full pay period after November 15, 2024, the City will increase the amount to three hundred dollars ($300) per fiscal year.
The parties have agreed to begin negotiations on a successor MOU by February 15, 2025.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The estimated cost of the extension is a total of $54,609 to the General Fund for FY 24/25.
EXHIBIT(S)
1. Extension to the Memorandum of Understanding between the City of Santa Ana and Part-Time Non Civil Service Employees Unit Service Employees International Union Local 721
Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager
City Council 25 – 2 1/21/2025
City Council 25 – 3 1/21/2025
City Council 25 – 4 1/21/2025
City Council 25 – 5 1/21/2025
City Council 25 – 6 1/21/2025
City Council 25 – 7 1/21/2025
City Council 25 – 8 1/21/2025
Information Technology
www.santa-ana.org/IT
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Adobe Acrobat Software and Subscriptions
AGENDA TITLE
Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscriptions (Specification No. 24-103) (General and Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Allied Network Solutions, Inc. to provide Adobe Acrobat Software and Subscriptions, in an annual amount not to exceed $150,000, for a term of 20-months expiring September 15, 2026, with provisions for two, one-year extensions (Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Adobe Acrobat is the premier software for creating, managing, and securing Portable Document Format (PDF) files and is extensively utilized by all City of Santa Ana agencies. Renowned for its consistent presentation of documents across various devices and platforms, the PDF format ensures accessibility and preserves intended formatting, making it indispensable for reliable document exchange.
The software’s advanced features significantly improve operational efficiency and productivity. Adobe Acrobat streamlines the process of sending, tracking, and receiving electronic and digital signatures, expediting workflows, and reducing reliance on paper documents. This aligns with the City’s sustainability goals while lowering administrative costs.
Moreover, Adobe Acrobat’s powerful tools for editing and creating forms simplify workflows, enabling staff to design, distribute, and collect data through interactive forms.
These capabilities enhance internal processes and foster seamless communication between departments.
Beyond Acrobat, the City leverages other Adobe solutions, including Adobe Creative City Council 26 – 1 1/21/2025
Adobe Acrobat Software and Subscriptions
January 21, 2025
Cloud, InDesign, and Photoshop. These tools support the creation of high-quality web and print graphics, ensuring professional standards across all visual and written materials. By integrating these industry-leading solutions, the City maintains consistency and professional standards across all visual and written materials.
Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The National Association of State Procurement Officials (NASPO) awarded contract #AR2472, with Carahsoft Technology Corporation, an authorized reseller of Adobe Acrobat software and subscriptions, as a result of an open and competitive bidding process that meets the City’s requirements. Allied Network Solutions, Inc. is an authorized indirect reseller of Carahsoft Technology Corporation. Funding for Adobe Acrobat Software and Subscriptions will be issued to Allied Network Solutions, Inc.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the current FY 2024-25 budget and funding for subsequent years will be included in various department Computer Software Subscriptions Expense accounts (no. 66511) proposed budgets for City Council consideration.
EXHIBIT(S)
1. Master Contract No. AR2472
2. California Participating Addendum No. 7-17-70-40-05
Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager
City Council 26 – 2 1/21/2025
City Council 26 – 3 1/21/2025
City Council 26 – 4 1/21/2025
City Council 26 – 5 1/21/2025
City Council 26 – 6 1/21/2025
City Council 26 – 7 1/21/2025
City Council 26 – 8 1/21/2025
City Council 26 – 9 1/21/2025
City Council 26 – 10 1/21/2025
City Council 26 – 11 1/21/2025
City Council 26 – 12 1/21/2025
Parks, Recreation, and Community Services Agency
www.santa-ana.org/parks
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Third Amendment with A1 Party Rental for Event Equipment Rental Services
AGENDA TITLE
Third Amendment with A1 Party Rental for Event Equipment Rental Services at City Events (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement amendment with A1 Party Rental for event equipment rental services at City events to increase the annual amount by $50,000 through March 31, 2025, for a new agreement total of $590,000 (Agreement No.
A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On April 5, 2022, the City of Santa Ana awarded an agreement to A1 Party Rental for equipment rental services at City Events. The award was made through a Request for Proposal process where A1 was selected.
On October 4, 2022, an amendment was issued to increase the annual amount by $64,000 per year through March 31, 2025 to accommodate the additional events that the Parks, Recreation, and Community Services Agency (PRCSA) undertook. The size of City events such as Fourth of July, Chicano Heritage Festival, Fiestas Patrias, Mid-Autumn, and Winter Village continues to grow. On January 16, 2024, the City awarded an amendment to increase the annual amount by $45,000 per year to cover the increase of existing and new events. With each event growing yearly, the City is looking to increase the agreement amount by $50,000 to accommodate the last event of the agreement, the Tet Festival.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
PRCSA has been able to identify funding in its Fees & Donations Contractual Services account (02213200-62300) to support this increase, although PRCSA intends to request additional General Fund dollars at the Mid-Year Update to provide for costs related to City Council 27 – 1 1/21/2025
Agreement Amendment with A1 Party Rental Event Equipment Rental Services January 21, 2025
events that were over the estimated amount when the Fiscal Year 2024-2025 budget was developed.
Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit, Account
Description
Amount
FY 24-25 02213200-62300 PRCSA Fees
& Donations
PRCSA Fee & DonationContract Services-Professional$50,000
EXHIBIT(S)
1. Agreement Amendment
Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency
Approved By: Alvaro Nuñez, City Manager
City Council 27 – 2 1/21/2025
THIRD AMENDMENT TO AGREEMENT WITH A1 PARTY RENTAL
TO PROVIDE, INSTALL, AND REMOVE RENTAL EQUIPMENT
FOR VARIOUS CITY EVENTS
THIS THIRD AMENDMENT to the above-referenced agreement is entered into on January 21, 2025, by and between A1 Party Rental (“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. The parties entered into Agreement No. A-2022-050 (“Agreement”) dated March 15, 2022, to provide equipment rentals for various events conducted by the City’s Parks, Recreation, and Community Services Agency for a three (3) year term. The Agreement remains current and in effect through March 31, 2025.
B. On October 4, 2022, the parties entered into a First Amendment to the Agreement (#A2022-192) to increase the overall annual compensation for services during the remainder of the term of the Agreement.
C. On January 16, 2024, the parties entered into a Second Amendment to the Agreement (#A2024-012) to increase the overall annual compensation for years 2 and 3 of the Agreement to fund and accommodate additional events held by the City.
D. The parties wish to further amend the Agreement to increase the overall compensation to increase the budget for the upcoming Tet Festival to be held in January 2025. There are no further amendments contemplated by this Third Amendment.
The Parties therefore agree:
1. Section 2.a., Compensation, is hereby amended to increase the total not-to-exceed amount for the remainder of the Agreement by an additional $50,000.00. The total amount to be expended during the term of this Agreement shall not exceed $590,000.00.
2. There shall be no further amendments to the Agreement prior to its expiration.
3. Except as modified by this Third Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.
[signature page follows]
City Council 27 – 3 1/21/2025
SIGNATURE PAGE TO THIRD AMENDMENT TO AGREEMENT WITH A1 PARTY
RENTAL TO PROVIDE, INSTALL, AND REMOVE RENTAL EQUIPMENT
FOR VARIOUS CITY EVENTS
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Interim City Manager
APPROVED AS TO FORM A1 PARTY RENTAL
SONIA R. CARVALHO
City Attorney
___________________________ _______________________________ JONATHAN T. MARTINEZ By:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
____________________________
HAWK SCOTT
Executive Director
Parks, Recreation & Community Services Agency
Rene Martinez (Jan 7, 2025 14:25 PST)
Rene Martinez Rene Martinez COO
City Council 27 – 4 1/21/2025
Third Amendment - A1 Party Rentals - CAO
signed
Final Audit Report 2025-01-07
Created: 2025-01-07
By: Julie Hoang ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAZ_BR1fjCBxsigWnYPlYjhjakNqFK1KbZ "Third Amendment - A1 Party Rentals - CAO signed" History Document created by Julie Hoang ([email protected])
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City Council 27 – 5 1/21/2025
Public Works Agency
www.santa-ana.org/pw
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way
AGENDA TITLE
Summarily Vacate Portions of Hesperian Street, Cubbon Street, and Public Alley Right of Way - Abandonment 24-03
RECOMMENDED ACTION
Adopt a Resolution rescinding City Council Resolution 94-031, and Summarily Vacate Portions of Hesperian Street, Cubbon Street, and Public Alley Right of Way - Abandonment 24-03
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NO. 94-031, AND
VACATING PORTIONS OF CUBBON STREET, HESPERIAN STREET, AND A PUBLIC ALLEY WITHIN MARTIN LUTHER KING, JR. ELEMENTARY SCHOOL AT 1001 GRAHAM LANE, (ABANDONMENT NO. 2024-03)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency (PWA) oversees all street vacation and abandonments throughout City boundaries. Public Works Agency staff, in conjunction with Santa Ana Unified School District (SAUSD), is requesting vacation of portions of former street right of way within Dr. Martin Luther King Elementary School (King Elementary). SAUSD will concurrently grant easements to the City for existing public street improvements.
Adoption of the resolution will rescind, correct, and complete right of way actions undertaken by the City and SAUSD in the 1990s, and provide the City right of way needed to construct the Bristol-Tolliver Street Urban Greening Project (Project).
Background
In the 1990s, SAUSD built King Elementary. The school construction project included acquisition of residential lots within the Central City Neighborhood and the intended vacation of portions of Cubbon Street, Hesperian Street, and an alley west of Bristol Street. To accommodate the street vacations and allow for continued circulation, a cul City Council 28 – 1 1/21/2025
Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025
de sac bulb at the south end of Hesperian Street and a new connecting east-west alley were constructed (Exhibit 1).
In 1994, the Santa Ana City Council adopted Resolution 94-031 (Exhibit 2) approving vacation of the portions of streets and alley as depicted therein. Subsequently, as allowed by the resolution, SAUSD closed portions of the streets and alley and constructed the school and public improvements. However, as stipulated in the resolution, the streets and alley were deemed not vacated until the document was recorded. Based on staff and title company research, the resolution was not recorded, and therefore, did not fully take effect.
In 2023, the City was awarded funds to build the Project from the California Natural Resources Agency’s Urban Greening Grant Program. The Project will transform approximately 1.25-acres of vacant parcels at the southwest corner of Bristol Street and Tolliver Street into a new urban green space and public park, which will include a stormwater treatment system that will capture stormwater runoff from the surrounding neighborhood for reuse to irrigate park landscaping.
During implementation of the Project, staff determined that the City did not have the expected easement rights necessary to construct a pipe between Hesperian Street and the park site through an apparent public alley, and conversely, the City public street rights of way still exist within King Elementary. City staff is working with SAUSD staff to obtain approvals to resolve the right of way inconsistencies for both agencies by SAUSD granting street easement rights to the City and the City rescinding and replacing the 1994 street vacation resolution. The replacement documents will correct the limits of the City’s street right of way.
Rescind and Replace Resolution 94-031
After review of the unrecorded Resolution 94-031, staff determined that the limits defined therein are inconsistent with the constructed street improvements, and recordation of the resolution would have vacated portions of the Hesperian Street right of way that still contain public street improvements. To refine the area to be vacated, staff commissioned a field survey which determined the limits of the Hesperian Street cul de sac sidewalk and the alley improvements. The resulting street vacation legal description and map define portions of Hesperian Street, Cubbon Street, and alley right of way which no longer contain any public street features (Exhibit 3).
A title report identified the SAUSD as fee owner of the portion of streets and alley “which would pass by operation of law…”, meaning the ownership in the property will revert automatically to the SAUSD upon completion of the vacation.
California Government Code Section 65402 requires the planning agency to review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the planning agency to review the proposed use for City Council 28 – 2 1/21/2025
Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025
conformity with the General Plan. On November 25, 2024, the City of Santa Ana Planning Division issued a finding that Abandonment 24-03 is in conformance with the City of Santa Ana 2022-2045 General Plan.
City staff recommends the action because the excess area offers no present or prospective use to the City. This abandonment is being processed as a summary vacation pursuant to California Streets and Highways Code Section 8331 because the streets and alleys have been impassable and the City has not expended money for maintenance for more than five years; and Section 3334 because the right of way is not required for street or highway purposes and lies within property under one ownership.
There are no visible utilities which would be affected by the vacation; and City staff advised utility companies of the vacation, and received no objections to the vacation.
To align City street right of way and SAUSD property with existing street improvements, staff is requesting City Council to adopt a resolution rescinding Resolution 94-031 and vacating portions of Cubbon Street, Hesperian Street, and an alley west of Bristol Street.
SAUSD Street Easement to City of Santa Ana
In accordance with requirements set forth by City in early 1990s to complete the King Elementary project, SAUSD will grant public street easement covering the street improvements constructed during that project. The public street easements will cover the Hesperian Street cul-de-sac bulb to the back of sidewalk, and the limits of the eastwest alley. As detailed above, staff determined street and alley improvement limits by field survey and then described and mapped the limits of street easement (Exhibit 4).
SAUSD Board of Education met on December 17, 2024 and adopted a resolution declaring its intention to grant the easement, and set a public hearing for January 14, 2025, after which the board may authorize execution of an easement agreement and deed. Based on SAUSD staff initial board briefings, it is anticipated that the SAUSD Board of Education will approve its intention to grant the easement.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed abandonment is exempt from further review per section 15305. Categorical Exemption will be filed for this abandonment.
FISCAL IMPACT
There is no fiscal impact associated with these actions.
EXHIBIT(S)
1. Location Map
2. City Council Resolution 94-031`
3. Vacation Legal Description and Map
City Council 28 – 3 1/21/2025
Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025
4. Street Easement Legal Description and Map
5. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 28 – 4 1/21/2025
021
1/ REL:S/] 94
RESOLUTION NO. 94- 031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA VACATING CUBBON STREET BETWEEN
GRAHAM LANE AND HESPERIAN STREET, HESPERIAN
STREET BETWEEN CUBBON STREET AND A LINE 270
FEET TO THE NORTH THEREOF, AND 450 FEET OF AN
ALLEY PARALLEL TO AND EAST OF HESPERIAN STREET
WHEREAS, this Council heretofore adopted on May 16, 1994, Resolution No. 94-018, wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, Cubbon Street between Graham Lane and Hesperian Street, Hesperian Street between Cubbon Street and a line 270 feet to the north thereof, and 450 feet of an alley parallel to and east of Hesperian Street; and
WHEREAS, said Resolution gave notice that on June 20,
1994, at 6:00 p.m., or as soon thereafter as the matter could be heard, in the Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said streets and alley; and
WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City; and
WHEREAS, this Council further finds that notices of said proposed street and alley vacations stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law; and
WHEREAS, this Council at the time and place set for
hearing heard any and all persons interested in or objecting to said proposed vacation of said streets and alley and received and considered all evidence submitted;
WHEREAS, this Council finds from all the evidence
submitted that the said streets and alley are unnecessary for present or prospective public use, based upon the following findings of fact:
1. Said streets are not necessary to provide access to
abutting property owners.
2. Said streets are not necessary or convenient for
servicing the flow of traffic.
WHEREAS, there are no in-place public utility facilities EXHIBIT 2
City Council 28 – 5 1/21/2025
RESOLUTION 94-031
that are in use in the said streets and alley; and
WHEREAS, pursuant to the provisions of § 2381 of the
Streets and Highway Code of the State of California, the city Council does hereby find and determine that neither said streets and alley nor any part thereof, are useful as nonmotorized transportation facilities, as defined in § 156 of said Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
1. This Council does hereby order that those portions of Cubbon Street between Graham Lane and Hesperian Street, Hesperian Street between Cubbon Street and a line 270 feet to the north thereof, and 450 feet of an alley parallel to and east of Hesperian Street, more specifically described in Exhibit A, attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated.
2. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County at such time as the Executive Director of the Public Works Agency provides the Clerk of the Council with written notification that the conditions set forth in Exhibit B, attached hereto and incorporated herein, have been satisfied by the Santa Ana Unified School District.
3. The abovesaid streets and alley shall not be deemed
vacated until this resolution is recorded. Closure of the abovesaid streets to vehicular traffic, as appropriate to allow for the construction of the abovesaid public improvements prior to recordation of this resolution, is hereby approved pursuant to section 21101 of the California Vehicle Code.
ADOPTED this 20th day of
ATTEST:
e~Ce C. Guy /
rk of the Councilk_
June , 1994.
You.g X3 /
Mayor ~
COUNCILMEMBERS:
Young Aye
Pulido Absent
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Aye
Richardson Absent
APPROVED AS TO FORM:
Edward--~. ~ Qer
City Attorney
2 City Council 28 – 6 1/21/2025
024
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution to be the original resolution adopted by the City Council of the City of Santa Aaa
Date:
fit// Clerk of the Coun6il ("'-7
City of Santa Aaa
City Council 28 – 7 1/21/2025
RESOLUtiON 94-031 025
Exhibit
EXHIBIT
ABANDONMENT NO. 89-A6
LEGAL DESCRIPTION
Those certain portions of public streets and an alley in the State. of California, County of Orange, City of Santa Ana, shown as Hesperian Street, 60.00 feet wide, Cubbon Street, 60.00 feet wide, and that certain North/South Alley, 20.00 feet wide, in Tract No. 2325, recorded in Book 68, page 40 Records of Orange County, California, described as follows:
HesDeriap Street
Bounded Northerly by the Westerly extension of the North lot line of Lot 51 of said Tract No. 2325 and it's intersection with the West line ~f Hesperian Street, as shown on said Tract No. 2325 and bounded WeSterly by the Northerly extension of the West lot line of Lot 59 of said Tract No. 2325 and it's intersection with the North line of said Cubbon Street, as shown on said Tract No. 2325.
Cubbon S~eet
Bounded Easterly by the Northerly extension of the West lot line of said Lot 59 of said Tract No. 2325 and it's intersection with the North line of said Cubbon street and bounded Westerly by the Northerly extension of the tangent portion of the'West lot line of Lot 62 of said Tract No. 2325 and it's intersection with the North line of said Cubbon Street.
North/South Alley
Bounded Northerly by the Westerly extension of the North lot line of Lot 30 of said Tract No. 2325 and it's intersection with the East lot line of said Lot 51 and bounded Southerly by the Easterly extension of the South lot line of Lot 58 of said Tract No. 2325 and it's intersection with the West lot line of Lot 22 of said Tract No. 2325.
City Council 28 – 8 1/21/2025
EXHIBIT
RESOLUTION 94-031
EXHIBIT A
MAP
E$1~ ENT AL ~
WISTERIA PL.
CUBBON STREET
City Council 28 – 9 1/21/2025
RESOLUTION 94-031
EXHIBIT
ao
Co
GENERAL
1. 2.
3. 4.
EXHIBIT B
Construct sewer facilities per approved plans.
Construct water facilities per approved plans.
Construct storm drain facilities per approved plans.
Install signing and striping per approved plans.
IMPROVE ALL PUBLIC FRONTING STREETS AS FOLLOWS:
5. Furnish ornamental street lighting with
directed by the City Engineer.
underground service
6. Close all unused driveways with curb, gutter, and sidewalk approved improvement plans.
Remove and replace all uplifted and cracked sidewalk.
as
per
Construct street tree wells and plant minimum 24 inch box trees per City Standard No. 1124 at locations in accordance with approved improvement plans.
9. Construct sidewalk per approved improvement plans.
IMPROVE HESPERIAN STREET AS FOLLOWS:
Construct a cul- sacde-at the proposed terminus of Hesperian Street as approved by the Public Works Agency per City standard No. 1106.
10. 11. Construct driveways per approved improvement plans.
IMPROVE CUBBON STREET AS FOLLOWS:
12. Construct driveway per approved improvement plans.
13. Construct off-site student drop-off zone with curb, gutter, pavement, and sidewalk to close Cubb0n Street.
IMPROVE BRISTOL STREET AS FOLLOWS:
14. Construct driveways per approved improvement plans.
15. Close unused drive approaches with curb, gutter and sidewalk and reconstruct X-portion of the existing drive approach of the southerly property.
16. Improve Graham Lane by constructing driveways per approved improvement plans.
17. Improve the alley from the proposed Hesperian Street cul- sacde-to the alley east of Hesperian Street by constructing a Portland Cement Concrete (P.C.) Calley per City Standard No. 1111.
City Council 28 – 10 1/21/2025
EXHIBIT 3
City Council 28 – 11 1/21/2025
City Council 28 – 12 1/21/2025
City Council 28 – 13 1/21/2025
City Council 28 – 14 1/21/2025
City Council 28 – 15 1/21/2025
City Council 28 – 16 1/21/2025
EXHIBIT 4
City Council 28 – 17 1/21/2025
City Council 28 – 18 1/21/2025
City Council 28 – 19 1/21/2025
Public Works Agency
www.santa-ana.org/pw
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Resolution for the Maintenance and Protection of the Japanese Garden and Teahouse
AGENDA TITLE
Resolution Recognizing the Japanese American Citizens League South East Los Angeles, North Orange County as a Community Stakeholder for the Civic Center Japanese Garden and Teahouse (No Fiscal Impact)
RECOMMENDED ACTION
Adopt a resolution recognizing Japanese American Citizens League South East Los Angeles, North Orange County as a Community Stakeholder of the Civic Center Japanese Garden and Teahouse
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA IDENTIFYING THE JAPANESE AMERICAN CITIZENS
LEAGUE SOUTHEAST LOS ANGELES, NORTH ORANGE COUNTY / ORANGE
COUNTY CHAPTER AS A COMMUNITY STAKEHOLDER IN THE PRESERVATION
OF THE ORANGE COUNTY JAPANESE TEA HOUSE AND GARDEN
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
On July 2, 1969 the County and the Orange County Japanese American Community Service (JACS), a non-profit corporation, entered into an agreement where JACS agreed to build a Japanese Garden and Teahouse (Garden) within the County-owned portion of the Civic Center at no cost to the County (Exhibit 1). The agreement stipulated that the County would competently maintain the Garden and consult JACS in the event of any major changes to the Garden.
On October 4, 2022, the Santa Ana City Council approved an Exchange of Real Property agreement between the City and the County, for a property exchange within the Civic Center (Exhibit 2). As a result of the property exchange. the Garden is now within the parcel owned by the City. The property exchange agreement approved by Council requires the City to maintain the Garden and consult with JACS in the event of any major changes to the Garden to preserve its cultural integrity.
City Council 29 – 1 1/21/2025
Resolution for the Maintenance and Protection of the Japanese Garden and Teahouse January 21, 2025
JACS has since dissolved and reformed as a new organization named Japanese American Citizens League South East Los Angeles North Orange County Japanese American Citizens League (JACL SELANOCO). In order to preserve the cultural integrity of the Garden, JACL SELANOCO has requested that the City adopt a resolution to reaffirm its commitment to maintain, preserve, and consult with JACL SELANOCO prior to any major modifications to the Garden.
Staff recommends the adoption of this resolution as it maintains the original commitment made by the County and assumed by the City, clarifies who the City should consult with on cultural matters, and does not result in any added costs or burdens not already assumed by the City (Exhibit 3). This resolution does not modify, add, or remove the City’s authority as was originally provided by the County of Orange.
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. Original Agreement – County of Orange and JACS
2. October 4, 2022 Staff Report – Item #20
3. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 29 – 2 1/21/2025
EXHIBITB
AGREEMENT
l This Agr�ement is made this��day of
>f I l E
•
JUL 3 D
W. E. ST JOHN, County Clerk
2 between the C�unty of Orange, hereinafter called "County• and the .3 Orange County_Japanese American Coamrunity Service, Inc., a Cali•. 4 fornia, non•pl,:ofit corporation, hereinafter called 11JACS11• 5 Whereas, :::county has set aside a certain parcel of land with• 6 in the Orange County Civic Center for the construction of a Japa• 7 nese Garden; and
8 Whereas, JACS has agreed to build a Japanese Garden at said 9 site at no cost to County.
10 11
Now therefore, it is hereby 11111t!14lly agreed that:
1) JACS will commence construction of the aforesaid Japa• 12 nese Garden on or about October 1, 1969, and upon completion 13 thereof, on or about September 30, 1970, donate.-said Garden to 14 County.
15 2) County will accept the said Garden and maintain it as a 16 Japanese Garden. Where such maintenance requires the.advice or l? services of persons familiar with and competent in the maintenance 18 of Japanese gardens, County will consult with JACS and JACS will 19 cooperate in securing such persons. County further agrees that 20 there shall be no change in the existing design of the Japanese 21 Garden without the prior approval of JACS.
3) From and after the acceptance of the Japanese Garden, it 23 shall be the responsibility of County, and County will hold JACS 24 exempt and harmless from any and all damage or injury to any per• 25 son or persons or to the goods, wares and merchandise of any per26 son or persons arising from the use of the aforesaid Japanese 27 Garden.
28 IN WITNESS WHEREOF, the ·parties hereto have executed this 29 Agreement on the date first above written.,
30 COUNTY OF ORANGE
31 32 By�}" ::!fl I J./k¢-c, .''\ •
irman, Board or supervisors
APPROVED AS TO FORM
RIAN KUYPER, County tqunsel
RANGE COUNTY, CAllFORNIA
B� .... CIJ .... P..t..:�1..::�--
ASSISTANT
ORANGE COUNTY JAPANESE AMERICAN
COMMUNITY SERVICE, IN
,,
EXHIBIT 1
City Council 29 – 3 1/21/2025
City of Santa Ana
Public Works Agency
www.santa-ana.org/pw
Item# 20
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Exchange of Real Property
AGENDA TITLE:
Approve an Agreement with the County of Orange for Exchange of Real Property and Adopt a Resolution Declaring City Property as Exempt Surplus Land
RECOMMENDED ACTION
1. Adopt a resolution declaring City-owned property as exempt surplus land pursuant to California Government Code § 54220 et seq. for the purpose of a real property exchange with the County of Orange.
2. Authorize the City Manager to execute an Exchange of Real Property agreement between the City of Santa Ana and the County of Orange, a political subdivision of the State of California, for proposed property exchange of the Civic Center Plaza of the Flags area and the Civic Center Library Parking Structure subject to non-substantive changes approved by the City Manager and the City Attorney.
DISCUSSION
In the mid-1950s, the City acquired and combined parcels to create the City's portion of the Civic Center block between Civic Center Drive, Ross Street, Santa Ana Boulevard, and Flower Street. Since then, the City has added to the property and conveyed segments to other government agencies, and now some of the ownership boundaries do not coincide with buildings and other improvements. The parking structure adjacent to the City's Main Library, which is operated by the County of Orange, is partially within City of Santa Ana property. The parcel containing the Plaza of the Flags and the parking structure underneath it which is utilized by City staff and agencies, along with the Japanese Garden structure, are owned by the County (Exhibit 1 ).
To correct the misalignment, on March 31, 2022, the Orange County Chief Real Estate Officer and City of Santa Ana City Manager entered into a non-binding Letter of Intent (Exhibit 2), with the express interest of exchanging a County-owned 2.2-acre parcel in the Civic Center (Parcel A), for a City-owned 0.7-acre parcel (Parcel B).
EXHIBIT 2
City Council 29 – 4 1/21/2025
Agreement with County of Orange Exchange of Real Property October 4, 2022
Within County -owned Parcel A is the Plaza of the Flags and parking structure area below, as well as the Japanese Garden and a portion of the Ross Annex Parking Structure.
County staff have indicated that the Parcel A is not needed for County purposes. Parcel A is also located directly adjacent to Santa Ana City Hall. The Plaza is generally used by the City for special events and activities throughout the year, including farmer's markets and as an ice- skating rink during the winter, for which approval must be requested from the County of Orange. The City's ownership of the property will allow the City to utilize the Plaza without going through a County permitting process.
Within City -owned Parcel B is a portion of the Library parking structure. The County administers the parking within the Civic Center and under the various agreements with the City for the operation of the Civic Center, collects the revenues for the upkeep of the Civic Center area. Parcel B is not needed for City purposes.
In addition, if the exchange is approved by the City and the County of Orange, the property ownership boundaries which currently run through the Library parking structure and the Ross Annex parking structure will be adjusted so that the structures are wholly contained within one ownership. In order to consolidate ownership of the Santa Ana Library Parking structure and assist the City in the activation of the Plaza of the Flags area, the County and the City share a mutual interest in the exchange of parcels. Based on the opinions of City staff, valuation of the parcels subject to the exchange is equivalent.
Prior to completion of the property conveyance, the City must declare Parcel B as surplus land, and therefore, is exempt surplus land pursuant to Government Code section 54221( f)( 1)( c).
Staff recommends the approval of the attached Agreement for the Exchange of Real Property (Exhibit 3), which sets out the parameters for the exchange, and adoption of the resolution declaring Parcel B as exempt surplus land pursuant to the Surplus Land Act Exhibit 4).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
City Council 29 – 5 1/21/2025
Agreement with County of Orange Exchange of Real Property October 4, 2022
EXHIBIT(S)
1. Location Map
2. Letter of Intent
3. Draft Property Exchange Agreement
4. Resolution
By: Submitted By: Nabil Saba, P. E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 29 – 6 1/21/2025
Resolution No. 2025-XXX
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA IDENTIFYING THE JAPANESE AMERICAN
CITIZENS LEAGUE SOUTHEAST LOS ANGELES, NORTH
ORANGE COUNTY / ORANGE COUNTY CHAPTER AS A
COMMUNITY STAKEHOLDER IN THE PRESERVATION
OF THE ORANGE COUNTY JAPANESE TEA HOUSE AND
GARDEN
WHEREAS, on July 2, 1969, the County of Orange entered into an agreement (“Original Agreement”) with the Orange County (“County”) Japanese American Community Service, Inc., (“JACS”) a California non-profit corporation, where in the County set aside a certain parcel of land within the Civic Center for the construction of a Japanese Garden (“The Orange County Japanese Garden and Tea House”); and WHEREAS, pursuant to the Original Agreement JACS agreed to build and did build The Orange County Japanese Garden and Tea House in 1970 with donations from over 625 Orange County Japanese families and businesses totaling $50,000 and given as a gift to the County; and
WHEREAS, The Orange County Japanese Garden and Tea House was the first Japanese American memorial in Orange County; and
WHEREAS, the County accepted The Orange County Japanese Garden and Tea House and agreed to maintain it as a Japanese garden and tea house; and WHEREAS, The Orange County Japanese Garden and Tea House serves multiple purposes: it is a lasting reminder of the incarceration of persons of Japanese ancestry during World War II; it represents Japanese Americans’ appreciation to those who welcomed them back home to Orange County after the war; it shares Japanese cultural heritage with the public in the form of a tranquil garden setting for visitors to the Santa Ana Civic Center to enjoy; the location can be viewed from the new County Administration North Building and Santa Ana City Hall where both City and County employees can enjoy the garden; and, it reflects the rich history of the Japanese pioneers in the City of Santa Ana and their contribution; and WHEREAS, The Orange County Japanese Garden and Tea House’s builders included an eighty-year-old Japanese pine, which is now 135 years old; and WHEREAS, on The Orange County Japanese Garden and Tea House’s 100th anniversary in 2070, the time capsule at the garden will be opened on November 15, 2070, and
City Council 29 – 7 1/21/2025
Resolution No. 2025-XXX
WHEREAS, on April 26, 2023, the County quitclaimed land to the City of Santa Ana (“City”) that includes The Orange County Japanese Garden and Tea House; and WHEREAS, on April 27, 2023, the County assigned its rights and delegated its obligations under the Original Agreement to City, and City accepted the assignment of the Original Agreement and assumed all of County’s obligations under and related to the Original Agreement; and
WHEREAS, the City of Santa Ana (“City”) will now be the custodian of this precious piece of Japanese American history; and
WHEREAS, on November 29, 2023, the City was notified by a letter, dated November 29, 2023, from the Japanese American Citizens League (“JACL”) Southeast Los Angeles, North Orange County / Orange County (“SELANOCO”) Chapter that JACL SELANOCO / Orange County will assume the handling of inquiries that may arise pertaining to The Orange County Japanese Garden and Tea House; and WHEREAS, the City would like to formally recognize the JACL SELANOCO / Orange County as a community stakeholder to assist the City with inquiries that may arise pertaining to the maintenance of The Orange County Japanese Garden and Tea House.
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 recognizes JACL SELANOCO / Orange County as a community stakeholder of The Orange County Japanese Garden and Tea House.
Section 2. The City will maintain The Orange County Japanese Garden and Tea House as a Japanese garden and tea house. Where such maintenance requires the advice or services of persons familiar with and competent in the maintenance of Japanese gardens and tea houses, City will consult with JACL SELANOCO / Orange County and JACL SELANOCO / Orange County will cooperate in recommending such persons. There shall be no change in the existing design of The Orange County Japanese Garden and Tea House without the prior consultation with JACL SELANOCO / Orange County.
Section 3. In the event that it becomes necessary to redesign or relocate The Orange County Japanese Garden and Tea House, due to redevelopment or for any other reason, prior to such redesign or relocation, City will consult with JACL SELANOCO / Orange County and JACL SELANOCO / Orange County will cooperate in providing recommendations for such relocation.
City Council 29 – 8 1/21/2025
Resolution No. 2025-XXX
Section 4. A copy of this Resolution will be attached to The Orange County Japanese Garden and Teahouse property title which was signed in 2023 where the County transferred the garden to the City with the original 1969 County Agreement attached. With the new information included with this Resolution, the 55-year-old history of the origins of the garden and its representation will be clarified for perpetuity.
Section 5. 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 January, 2025.
_______________________
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 _______________________________________ City Council 29 – 9 1/21/2025
Resolution No. 2025-XXX
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 January, ___, 2025.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 29 – 10 1/21/2025
Public Works Agency
www.santa-ana.org/public-works/
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Alternative Public Works Construction Delivery Method Conflict of Interest Policy
AGENDA TITLE
Resolution Establishing a Conflict-of-Interest Policy Covering Alternative Public Works Construction Delivery Methods Including Design-Build and Construction Manager AtRisk Projects (No Fiscal Impact)
RECOMMENDED ACTION
Adopt a Resolution establishing a conflict-of-interest policy covering alternative public works construction delivery methods including design-build and construction manager at-risk projects, as allowed for in the City Charter and Santa Ana Municipal Code Chapter 33.
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ESTABLISHING A CONFLICT-OF-INTEREST POLICY
COVERING DESIGN-BUILD AND CONSTRUCTION MANAGER AT RISK PROJECTS GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
As a Charter City, the City of Santa Ana may determine the most appropriate project delivery methods for Public Works Projects. Traditionally, the City utilizes the designbid-build approach. This is a process wherein staff or a firm initially performs the design phase services. Subsequent to the completion of the design, the City bids out the construction portion of the project and awards the contract to the lowest responsible bidder. This design-bid-build process is appropriate for most of the City’s Public Works Projects, however complex and time-sensitive projects suffer from this approach as the proposer’s qualifications, technical abilities, and ingenuity of construction means and methods are not decisive factors. Alternative delivery methods such as Design-Build and Construction Manager At-Risk (CMAR) are currently permitted under the Santa Ana Municipal Code (SAMC) and are beneficial to the City’s ability to deliver quality public projects in an efficient manner. Adoption of the proposed Resolution will establish a conflict of interest policy for alternative project delivery methods to ensure that the procurement process is fair and yields competitive pricing from highly qualified firms.
There are several advantages in using alternative project delivery processes for certain City Council 30 – 1 1/21/2025
Alternative Public Works Construction Delivery Method Conflict of Interest Policy January 21, 2025
projects. Some of the advantages include:
Enhanced design quality due to contractor involvement in the design process For design-build, a single point of accountability as the same firm is responsible for both the design and construction of the project
Fewer change orders
Fewer claims
Reduced delivery time as design and construction can overlap Higher-quality construction work
Greater cost certainty
Lower overall project delivery cost
Design Build
Design-Build services combine professional design and construction services into a single contract with one vendor or team of vendors. This method has been popular in the private-sector and federal government sectors for decades and has been used for many public agency contracts in California. Moreover, legislation passed in the year 2000 which allowed certain General Law Cities to use Design-Build, and subsequently the legislature expanded Design-Build authority to be available for all General Law Cities. In 2014, the laws allowing local agencies, including General Law Cities, to use Design-Build were consolidated and codified at Public Contract Code Section 221060 et seq. Various agencies, including a number of charter cities, have used a Design-Build variation known as Progressive Design-Build, which maximizes innovation by selecting the Design-Builder at the earliest feasible stage of the project. For Progressive DesignBuild projects, certain pricing elements may be set based on the Design-Builder’s original proposal, but the price for construction work is negotiated after the design reaches an appropriate level. Additionally, California legislature has adopted statutes specifically allowing the use of Progressive Design-Build, including a law that passed in 2021, codified at Public Contract Code Section 10198 et seq.
Construction Manager at Risk
The CMAR method involves procurement of a construction manager to provide preconstruction services during the design phase of the project, including providing input on the design, conducting site investigations, and providing construction services during the construction phase of the project. Once the design reaches an appropriate level, the contractor prices the construction work, including obtaining competitive bids from subcontractors. Then, the agency conducts a cost evaluation and determines whether to proceed with construction. Although not yet authorized for use for General Law Cities, CMAR has been used by Charter Cities, and the legislature has specifically authorized its use by various state and local agencies, including laws codified at Public Contract Code Section 20146 et seq. and Public Utilities Code Section 100150 et seq.
As with the Design-Build laws, the CMAR statutes include provisions addressing compliance with the subcontractor listing law.
City Council 30 – 2 1/21/2025
Alternative Public Works Construction Delivery Method Conflict of Interest Policy January 21, 2025
Conflict of Interest Policy
One of the requirements to utilize Design-Build that applies to General Law Cities is that they develop and implement guidelines and a policy specifically related to conflicts of interest. While this requirement likely does not apply to Santa Ana as a Charter City, it is good public policy for alternative construction delivery methods. As such, a conflict-ofinterest policy is proposed to be adopted by Resolution (Exhibit 1). The City’s Conflictof-Interest policy pertaining to Public Works projects where Design-Build or CMAR is used includes restrictions to avoid situations where consultants working for the City or stakeholders may be biased or lack objectivity in performing their work; and to avoid situations where a team proposing for the Design-Build or CMAR contract has an unfair competitive advantage. The proposed Policy addresses the responsibilities of the City as well as contractors that may propose on City Design-Build and CMAR projects, including their subcontractors and suppliers.
Proposed Resolution
City Charter permits the City Council to allow use of alternative procurement processes by ordinance. The proposed Resolution would establish a Conflict-of-Interest policy covering Design-Build and CMAR processes. Nothing in the Resolution or Policy reduces or eliminates the requirement for contractors to pay prevailing wage on City projects or be subject to the City’s Community Workforce Agreement.
Adoption of this Resolution does not obligate the City to use alternative processes. The City would be able to use the Design-Build or CMAR method if staff determined that utilizing such process would be beneficial and likely result in reduced costs or a shortened construction period. Staff recommends adoption of the proposed resolution to ensure that the procurement process is fair and yields competitive pricing from highly qualified firms.
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. Resolution Approving the Conflict-of-Interest Policy Covering Design-Build and Construction Manager at Risk Projects
Submitted By: Nabil Saba, P.E., Executive Director - Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 30 – 3 1/21/2025
Resolution No. 2025-XXX
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING A CONFLICT-OF-INTEREST
POLICY COVERING DESIGN-BUILD AND
CONSTRUCTION MANAGER AT RISK PROJECT
WHEREAS, The City of Santa Ana ("City") is authorized by its Charter and Ordinance No. NS-2502 to utilize the design-build and construction manager at risk project delivery methods for public works construction projects; and WHEREAS, While the City is a charter city and not subject to Section 22162(c) of the Public Contract Code, which would otherwise require the City to adopt a standard organizational conflict-of-interest policy applicable to design-build projects as a condition of utilizing the design-build project delivery method, adopting such a conflict-of-interest policy promotes good government and sound contracting principles; and WHEREAS, It is also in the public interest to adopt a conflict-of-interest policy for construction manager at risk projects.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Conflict-of-Interest Policy. Consistent with Public Contract Code Section 22162(c), the City hereby adopts the "City of Santa Ana Conflict-of-Interest Policy Covering Design-Build and Construction Manager at Risk Projects" attached hereto as Exhibit A and incorporated herein by this reference.
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 ___________________, 2025.
Valerie Amezcua
Mayor
EXHIBIT 1
City Council 30 – 4 1/21/2025
Resolution No. 2024-XXX
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 – 5 1/21/2025
Resolution No. 2025-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2025- ____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2025.
Date:
City Clerk
City of Santa Ana
City Council 30 – 6 1/21/2025
City Council 30 – 7 1/21/2025
Resolution of conflict-of-interest issues is ultimately at the sole discretion of the City. The City reserves the right to cancel or amend the resulting contract(s) if a successful Proposer failed to disclose a potential conflict, which it knew or should have known about, or if a Proposer provided information in response to an inquiry from the City that is false or misleading.
After award, conflict-of-interest guidelines and policy shall continue to be monitored and enforced. If an organizational conflict of interest is discovered after award, the Proposer must make an immediate and full written disclosure to the City that includes a description of the action that the Proposer has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist and the Proposer was aware of the organizational conflict of interest prior to award of the contract and failed to disclose it, the City may terminate the contract with the Proposer for material breach. If the Proposer is terminated, the City assumes no obligation, responsibility, or liability to reimburse all or part of the costs incurred or alleged to have been incurred by the Proposer.
III. Policy
The following approach to conflicts of interest will apply to City procurements relating to City design-build and CMAR projects:
1. Grounds for Disqualification of Proposer
A Consultant or other firm, or individual, will not be allowed to act as a Proposer or to join a design-build or CMAR team for a project if, without limitation, any of the following is true:
a) The Consultant is the City's designated owner advisor for the project. b) The Consultant has performed services relating to the project either as a prime contractor to the City or as a subconsultant or subcontractor.
c) The Consultant has assisted the City in managing or is assisting in the management of the design-build project, including the preparation of the Request for Qualifications ("RFQ") and/or Request for Proposals ("RFP") language or evaluation criteria.
d) The Consultant has performed preliminary design services for the project, including, but not limited to, facility layouts, treatment selection, process design selection, preliminary process design, geometric layouts, bridge-type selection, and preliminary bridge design.
e) The Consultant performed work relating to the project for other project stakeholders.
City Council 30 – 8 1/21/2025
f) The Consultant has performed work on a previous contract that specifically excludes them from participating as a Proposer or joining a design-build or CMAR team on the project.
g) The Consultant is under contract with any other entity or stakeholder to perform oversight on the project.
h) The City determines that other potential conflicts of interest not mentioned above exist for the firm or individual (e.g., employee changing companies, merger/acquisitions of firms, property ownership, business arrangements, financial interest) that cannot be mitigated so as to avoid the conflict.
Notwithstanding the foregoing, the City may permit a Consultant to participate on a Proposer team if the Consultant's contract to perform work described above has concluded and the City determines, in its sole discretion, that it does not give rise to an organizational conflict of interest.
This exception does not apply to Consultants described in items (a), (c), (f) or (g) above.
Proposers should be aware that a conflict of interest may also exist where a Consultant has provided services as described above on a related project (for example, a separate project that is part of the same program). This may be due to overlapping limits, interfaces or coordination efforts between the projects, or because the Consultant provided general services to the City. Under such circumstances, a Proposer must obtain permission under Section 2 in order to include the Consultant on its team.
2. Requirements for Proposers With Potential Conflicts of Interest A Proposer who may have potential conflicts of interest in relation to a project, or who wishes to include a member on its team who may have potential conflicts of interest, must:
a) Conform to applicable federal and state conflict-of-interest rules and regulations including without limitation, the California Political Reform Act, the California Government Code§ 1090 et seq., the federal Copeland "Anti- Kickback" Act and federal conflict-of-interest rules set forth in federal funding agency's administrative grants and cooperative agreement regulations. Federal conflict-of-interest rules and regulations shall only apply where the project receives federal funding. b) Disclose all relevant facts relating to past, present or planned interest(s) of the Proposer's team (including the Proposer, Proposer's proposed consultants, contractors, subconsultants and/or subcontractors and their respective chief executives, directors and key personnel) which City Council 30 – 9 1/21/2025
may result or could be viewed as an organizational conflict of interest in connection with the design-build or CMAR procurement, including present or planned contractual or employment relationships with any current employee of the City.
c) Disclose, in the statement of qualifications or proposal, as applicable, all of the work performed in relation to the project being procured under the RFQ and RFP.
d) Provide all records of the work performed in relation to the project to the City so that relevant information can be evaluated and made available to all potential design-build teams, if necessary. e) Ensure that the Proposer's or its team member's contract with any entity to perform services related to the project has expired or has been terminated.
f) Identify proposed remedial measures to mitigate any potential conflicts identified.
3. City Determination Regarding Conflicts of Interest
Upon review of the information provided by the Proposer as described above, the City Manager will determine, in his or her sole discretion, if the Proposer has an organizational conflict of interest. Decisions of the City Manager regarding organizational conflicts of interest may be appealed to the City Council. The decision of the City Council shall be final with respect to the disposition of the organizational conflict of interest and is non-appealable.
4. Construction Inspection Services
The successful Proposer or firms affiliated with the successful Proposer are prohibited from competing on any agreement to provide construction inspection services for the project. An affiliated firm is one which is subject to the control of the same persons, though joint ownership or otherwise. No subconsultants who provided design services in connection with the project shall be eligible to compete for any agreement to provide construction inspection services for the project.
Notes -- The foregoing is provided by way of example, and shall not constitute a limitation on the obligations of the Proposer in relation to organizational conflicts of interest.
City Council 30 – 10 1/21/2025
Police Department
www.santa-ana.org/police
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Ordinance Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code
AGENDA TITLE
Second Reading of Ordinance Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of the Santa Ana Municipal Code First reading December 17, 2024 City Council meeting and approved by vote of 7-0
RECOMMENDED ACTION
Conduct a second reading and adopt an ordinance adding and amending various articles and sections of the Santa Ana Municipal Code to prohibit conduct that interferes with public rights of access to public property to address changes in the law brought by the City of Grants Pass, Oregon V. Johnson, et. al., 144 S. Ct. 2202 (2024):
ORDINANCE NO. NS-3074 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING PROVISIONS TO CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE
SANTA ANA MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS), AND CHAPTER 36 (TRAFFIC) TO PROHIBIT CONDUCT THAT INTERFERES WITH THE PUBLIC’S RIGHTS OF
ACCESS TO PUBLIC PROPERTY AND TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024)
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
At the December 17, 2024 meeting, the City Council conducted a first reading of an ordinance amending and adding provisions to Chapters 10, 31, 33, and 36 of the City Council 31 – 1 1/21/2025
Ordinance Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code
January 21, 2025
Municipal Code to prohibit conduct that interferes with the public’s right to access public spaces.
The ordinance provides additional enforcement mechanisms to complement and enhance existing efforts to the on-going quality of life challenges experienced by our residents, visitors and businesses as a result of the United States Supreme Court ruling in City of Grants Pass, Oregon v. Johnson, et al., 144 S. Ct.2202 (2024) (“Grants Pass”). No changes to the ordinance were made by the City Council; a clean copy of the ordinance for second reading is attached as Exhibit 1.
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. Ordinance for Second Reading
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 31 – 2 1/21/2025
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING AND ADDING PROVISIONS TO
CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW
ENFORCEMENT PROVISIONS) OF THE SANTA ANA
MUNICIPAL CODE AND AMENDING RELATED SECTIONS
IN CHAPTER 31 (RECREATION, PARKS AND
PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS
AND PUBLIC WORKS), AND CHAPTER 36 (TRAFFIC) TO
PROHIBIT CONDUCT THAT INTERFERES WITH THE
PUBLIC’S RIGHTS OF ACCESS TO PUBLIC PROPERTY
AND TO ADDRESS CHANGES IN LAW BROUGHT ABOUT
BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET.
AL., 144 S. Ct. 2202 (2024)
WHEREAS, Section 200 of the City Charter of the City of Santa Ana (“City”) vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; and
WHEREAS, on August 8, 1992, the City of Santa Ana adopted Ordinance No. 2160, adding provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) to address, regulate and enforce violations of both camping and storage of personal property in parks, streets and public parking lots or public spaces, improved or unimproved; and
WHEREAS, the stated purpose of Article VIII (Camping and Storage of Personal Property) at Section 10-400 was to “maintain public streets and areas within the City of Santa Ana in a clean and accessible condition”; and
WHEREAS, on May 3, 1993, the City of Santa Ana adopted Ordinance No. 2194 amending Article VIII to modify the definition of “camp”; and WHEREAS, the City’s adoption of Section 10-400, et. seq. was challenged by three homeless individuals arguing, on various grounds, that the law was unconstitutional; and
WHEREAS, in Tobe v. City of Santa Ana, 9 Cal.4th 1069, the Supreme Court held that the ordinance did not impermissibly restrict the right to travel and was not unconstitutionally vague or overbroad; and
WHEREAS, the City is committed to ensuring the safety, health and general welfare of all of its residents, visitors and businesses; and EXHIBIT 1
City Council 31 – 3 1/21/2025
Ordinance No. NS-XXX
WHEREAS, as part of that commitment, it has been and continues to be the obligation of the City to keep the public areas clean and available for public use and to ensure access by the public to all property, both public and private, by the disabled, elderly, families, children, and visitors to the City of Santa Ana; and WHEREAS, the City has taken proactive measures to address the underlying issues leading to unlawful camping and the storage of personal items on public property, including, but not limited to, the implementation of two outreach and engagement teams to address needed resources for unsheltered persons in the City, possible through the use of grants and the expenditure of City funds; and
WHEREAS, the Santa Ana Multi-Disciplinary Response Team (SMART), a pilot program between the City and CityNet, is a specialized non-police response team that provides outreach via direct field engagement, to offer resources including shelter and connections to mental health and medical treatment in association; and WHEREAS, the Quality of Life Team (QOLT) is a multi-disciplinary team to address quality of life issues throughout the City. The team problem solves issues regarding homelessness in the field including outreach services, encampment clean-up and enforcement action when necessary; and
WHEREAS, on June 12, 2022, the City also opened the Navigation Center which operates 24 hours a day, seven days a week, providing 200 beds for men, women, couples and families, a commercial kitchen, and an outdoor area for participants and their pets, to provide shelter to unsheltered persons in the City of Santa Ana; and WHEREAS, in 2023, the Department of Housing and Urban Development (“HUD”) released its Annual Housing Assessment Report, which estimated that there are 653,104 homeless Americans, based on its annual Point-In-Time (“PIT”) Count, representing a
12.1% increase from the same report in 2022; and
WHEREAS, HUD data also provided that California is home to four (4) of the nation’s top ten major metropolitan areas with the largest number of persons experiencing homelessness, along with New York, Texas and Florida; and WHEREAS, in May of 2024, the County of Orange released its 2024 PIT Count and estimated that a total of 7,322 persons experiencing homelessness were living in Orange County, a 28% increase from two years prior; and WHEREAS, from that same count, it was estimated that the City of Santa has 871 unsheltered persons living in the City, a significant increase from 2022, where it was estimated the City had 508 unsheltered persons living in the City; and WHEREAS, recently, the Supreme Court issued new law addressing the enforcement of laws regarding sleeping, camping and storing personal property in public City Council 31 – 4 1/21/2025
Ordinance No. NS-XXX
parks and public places in City of Grants Pass, Oregon v. Johnson, et al., 144 S. Ct.2202 (2024) (“Grants Pass”); and
WHEREAS, although the City of Santa Ana adopted municipal code regulations to address interference and access to public areas and continues to provide a multi-faceted and holistic approach to ensuring the safety, health and general welfare of all of its residents, the public continues to express concern that access to public and private property is being impeded or prevented by people camping on public property, by the storage of personal items on public property, and by people using the public rights-of-way to sit, sleep and lie down; and
WHEREAS, other public spaces, including public rights-of-way as well as other public property not covered by existing regulations, are similarly intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition; and
WHEREAS, the storage of unattended personal property on public property also creates a particular safety and security risk to the public requiring additional, broader regulations; and
WHEREAS, for all of the foregoing reasons, the City Council desires to amend the Santa Ana Municipal Code to provide additional protections for the public health, safety and general welfare and additional enforcement mechanisms for those purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the introduction and adoption of this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 16060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment.
Section 3. Article I (In General) of Chapter 10 is hereby amended to add new Sections and amend others to read as follows:
Sec. 10-94. - No loitering or sleeping on public benches, etc.
No person shall loiter, sleep, lay down, or lodge on a public bench or bike rack.
City Council 31 – 5 1/21/2025
Ordinance No. NS-XXX
Sec. 10-95. - No loitering or sleeping in a public restroom.
No person shall loiter, sleep, lay down, or lodge in a public restroom.
Sec. 10-98. - Obstructing public or private access.
No person shall loiter, stand, lie, sleep, sit or in any manner obstruct public or private access, by ingress or egress, in or at the entrance of any public or private building so as in any manner to obstruct such ingress or egress access.
Sec.10-100.- Obstruction of the public right-of-way is prohibited. (a) No person shall obstruct public or private access by sitting, lying, or sleeping on public property or by storing, using or maintaining, or placing personal property in any public right-of-way, including the following:
(1) In a manner that obstructs or impedes passage, as provided by the American with Disabilities Act;
(2) On or within twenty (20) feet of any operational or utilizable driveway, ramp, or loading dock;
(3) On or within twenty (20) feet of any fire hydrant, fire plug or other connection used by the Fire Department;
(4) Within twenty (20) feet of the entrance to a public restroom, park, public trail or public path;
(5) Within fifty (50) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited;
(6) Within twenty (20) feet of an automatic teller machine or any door that provides access to the automatic teller machine;
(7) Within twenty (20) feet of an electric vehicle charging station, parking pay station or parking meter;
(8) Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect;
(9) In a manner that unreasonably interferes with the use of the public rightof-way by motor vehicles, pedestrians or bicycles; or City Council 31 – 6 1/21/2025
Ordinance No. NS-XXX
(10) Within two hundred (200) feet of a college, school or day care center. (b) Except as excluded under paragraph (c) of this Section, any object, material or substance which hinders or prevents the free passage of the public on that part of the public right-of-way where it is located shall constitute an obstruction for purposes of this Section.
(c) The following shall not constitute an obstruction for purposes of this Section:
(1) Legally parked vehicles;
(2) Trash and refuse placed for collection by the municipal collection service; (3) Objects placed for a period not exceeding one (1) hour for purposes of loading or unloading, provided such activity is not part of a regular course of conduct;
(4) Temporary drainage of water, provided that public passage and access to abutting property remains open and no hazard to health or safety is created; (5) Minor encroachment of buildings and such appurtenances to buildings as are not readily capable of removal;
(6) Any legally located bus passenger bench or shelter or material located in accordance with any municipal permit or authorization or with any requirement or regulation of any state or federal agency or with any requirement of law.
(d) Nothing in this Section shall be construed to in any way limit any other rights or remedies to which the city may be entitled to abate any obstruction or encroachment in the public right-of-way.
(e) It shall not be a violation of this Section for a person to sit for purposes of viewing a legally conducted parade or similar lawful or permitted event.
Sec. 10-101. - Enforcement
(a) Any person who violates Sections 10-94 to 10-100 of this Article may be charged with an infraction or a misdemeanor at the discretion of the citing officer.
(b) In addition to any other remedy allowed by law, any person who violates a provision of this Article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal Code.
City Council 31 – 7 1/21/2025
Ordinance No. NS-XXX
(c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce Sections 10-94 through 10-100 of this Article. (d) A public nuisance may be abated pursuant to this Article if it must be abated immediately in order to avoid an imminent detriment, to the public health, safety, or welfare.
Section 4. Article VIII (Camping and Storage of Personal Property) of Chapter 10 is hereby amended to add a new Section and amend others to read as follows:
ARTICLE VIII. – CAMPING AND STORAGE OF PERSONAL PROPERTY Sec. 10-400. - Purpose.
The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, and other publicly-owned or controlled property within the City should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of these public areas for Camping purposes and/or for the Storage of Personal Property interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. The purpose of this article is to maintain these public areas within the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City. Nothing in this article is intended to interfere with otherwise lawful and ordinary uses of public property.
Sec. 10-401. - Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this Section shall govern the construction, meaning and application of words and phrases used in this article.
(a) Camp or Camping means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes, or for remaining outdoors overnight, or to use a vehicle for human habitation. A person shall be considered to be using property for living accommodation purposes if: the person admits they are camping; the person is using a camp facility or camp paraphernalia between the hours of 10:00 p.m. and 6:00 a.m. to live outdoors or remain outdoors overnight; or, based on the totality of the circumstances, it is established that a person is using the property at any time to live, dwell, or reside, which is exemplified by: the person City Council 31 – 8 1/21/2025
Ordinance No. NS-XXX
sleeping, or preparing to sleep outdoors; the person having with them recreational equipment that cannot be used for its intended purpose; the person having with them camp stoves, pots, pans, or other cooking equipment in an area that is not designated for cooking; the person having with them a sleeping bag, sleeping pad, blanket, pillow, bedroll or other similar bedding; the person having with them trash, recyclables, rubbish, or other garbage; the person having with them animal waste or medical waste that is stored in buckets, bottles or similar containers; and/or the person bathing or grooming themselves outside of facilities designated for those purposes. A person shall be considered to be using a vehicle for human habitation if: the person admits they are using the vehicle to camp; the inability of a person outside the vehicle to view through two or more windows because the view is limited or blocked; the inability to use seating in the vehicle because a large volume of personal belongings, trash, rubbish, or garbage is stored in the vehicle; the person is preparing or cooking meals inside or on the vehicle; the person is bathing or grooming inside the vehicle; the use of buckets, bottles or similar containers to hold bodily fluids, or human waste; and/or having furniture set up or around the vehicle, such as chairs, tables, umbrellas, or portable cooking equipment, where the totality of the items impedes and impacts the public right of way and general public safety.
(b) Camp facility or camp facilities means any, or a combination of, the following: a tent, hut, other temporary physical structure or shelter, cot, bed, or hammock.
(c) Camp paraphernalia means items that facilitate living outside including items that are used for: sleeping, such as such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar bedding; cooking, such as camp stoves, pots, pans, or other cooking equipment; storage, such as backpacks, luggage, or coolers; sitting, such as moveable chairs; and lighting, such as headlamps, a lantern, or flashlights. (d) Civic Center means the same as defined in Section 36-18 of the Code. (e) Median means the same as defined in Section 36-16 of this Code (f) Park means the same as defined in Section 31-1 of this Code. (g) Personal Property means tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, items used for camping such as tents or bedding, money, books, and “shopping carts” City Council 31 – 9 1/21/2025
Ordinance No. NS-XXX
as defined in Sec. 33-210 of this Code.
(h) Public Place shall mean the same as defined in Section 10-701 of this Code.
(i) Store, Stored, Storing or Storage means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
Moving personal property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of Section 10- 403 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property.
(j) Street means the same as defined in Section 1-2 of this Code. (k) Tent means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter.
(l) Vehicle shall include a motor vehicle as defined by California Vehicle Code Section 415, a recreational vehicle as defined by California Health and Safety Code Section 18010(a), a camp trailer as defined in California Vehicle Code Section 242, a house car as defined in California Vehicle Code Section 362 or a trailer coach as defined in California Vehicle Code Section 635, or any successor statute thereof.
Sec. 10-402. - Unlawful camping.
It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided:
(a) Civic Center;
(b) Median;
(c) Public Place.
Sec. 10-403. - Storage of personal property in public places.
It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
City Council 31 – 10 1/21/2025
Ordinance No. NS-XXX
(a) Civic Center;
(b) Median;
(c) Public Place.
Sec. 10-404 – Enforcement.
(a) Any person who violates this Article may be charged with an infraction or a misdemeanor at the discretion of the citing officer.
(b) In addition to any other remedy allowed by law, any person who violates a provision of this Article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal Code.
(c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this Article.
(d) A public nuisance may be abated pursuant to this article if it must be abated immediately in order to avoid an imminent detriment, to the public health, safety, or welfare.
Section 5. Article X (Civic Center Regulations) of Chapter 10 is hereby amended to read as follows:
ARTICLE X. - CIVIC CENTER REGULATION
Sec. 10-550. – Definition.
For purposes of this chapter, Civic Center shall mean that area in the City of Santa Ana, County of Orange, State of California, bounded by Sycamore Street on the east, Civic Center Drive West on the north, Shelton Street on the west, and Santa Ana Boulevard on the south.
Sec. 10-551. - No vehicles in pedestrian areas in the civic center.
No person shall operate or park a motorized vehicle in the Civic Center, except on a vehicular road designated for that purpose in the Civic Center, without the written permission from the city manager, or his or her designee, provided however, that this Section shall not apply to motorized personal assistive devices or law enforcement vehicles, maintenance vehicles or contractor vehicles on Civic Center plazas, walkways or other areas intended for pedestrians where the drivers of these vehicles are on the property to fulfill their professional responsibilities.
City Council 31 – 11 1/21/2025
Ordinance No. NS-XXX
Sec. 10-552. - Permit required to provide organized services in the civic center. (a) No person, entity, organization or business shall provide organized food, medical or social services or events in the Civic Center without first obtaining an event permit in accordance with policies adopted by the city manager, or his or her designee, and any applicable licenses or permits required to provide such services or access to Civic Center property. The purpose of this Section is to ensure that all services are provided in an organized manner by those who have the proper experience and/or credentials needed to provide the service and who have submitted a setup and clean-up plan to the city. (b) This Section shall not apply to city, county, state or federal employees conducting official business or those who are contracted by these agencies to provide services related to that official business.
Section 6. Chapter 31 (Recreation, Parks and Playgrounds) is hereby amended to add new Sections to read as follows:
Sec. 31-2.3.1. - Storage of personal property in parks.
Any personal property left in any park at the time the park is closed to the public, whether or not the personal property is attended, shall be stored pursuant to existing City policy which provides due process and a right to retrieve the personal property.
Sec. 31-2.12.1.- No sleeping or loitering in park restroom. (a) No person shall sleep, lay down or lodge in a park restroom. (b) No person shall loiter in a park restroom.
Section 7. Section 33-113 of Article IV (Benches and Bus Shelters) of Chapter 33 (Streets, Sidewalks and Public Works) is hereby amended to read as follows:
Sec. 33-113. - Interference with bus benches or bus shelters. (a) It shall be unlawful for any person, firm, corporation or association, to tamper with, injure, deface or commit acts of vandalism upon any bus bench or bus shelter lawfully upon a public way, pursuant to the provisions of this article.
(b) It shall be unlawful for any person to utilize by sleeping, laying or standing upon a bus bench or bus shelter during hours when the bus route is not in operation as stated in the posted sign announcing the bus route and the time of operations.
City Council 31 – 12 1/21/2025
Ordinance No. NS-XXX
Section 8. Section 36-118 of Article III (Pedestrians) of Chapter 36 (Traffic) is hereby amended to read as follows:
Sec. 36-118. - Standing in median; storage of property in median. (a) No person shall stand, walk or sit on any median other than in a safety zone or in a crosswalk. This Section shall not apply to any public officer, construction worker or employee of a public utility or its agent acting in the line of duty if such presence on the median is necessary to carry out the functions of the job.
(b) No person shall store or place personal property on any median.
Section 9. 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 10. This Ordinance shall become effective thirty (30) days after its adoption.
Section 11. 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
City Council 31 – 13 1/21/2025
Ordinance No. NS-XXX
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify 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 31 – 14 1/21/2025
Planning and Building Agency
www.santa-ana.org/pb
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Ordinance Amendment No. 2024-07: Local AB 2011 Implementing Ordinance Revision Second Reading
AGENDA TITLE
Second Reading of Uncodified Ordinance Amendment No. 2024-07 Amending the List of Replacement Parcels and Parcels Exempt from California Government Code Sections 65912.114 and 65912.124 Based on Written Findings Pursuant to California Government Code Sections 65912.114(i) and 65912.124(i)
First reading December 17, 2024 City Council meeting and approved by vote of 6-0-0-1 (Councilmember Lopez absent).
RECOMMENDED ACTIONS
1. Conduct a second reading and adopt an uncodified ordinance amending the list of replacement parcels and parcels exempt from California Government Code Sections 65912.114 and 65912.124 based on written findings pursuant to California Government Code Sections 65912.114(i) and 65912.124(i).
ORDINANCE NO. NS-3075 entitled AN UNCODIFIED ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LIST OF
REPLACEMENT PARCELS AND PARCELS EXEMPT FROM CALIFORNIA
GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON
WRITTEN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i)
2. Find and determine that adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to California Government Code sections 65912.114(o) and 65912.124(o), adoption of an ordinance by a city implementing the provisions of AB 2011 is statutorily exempt.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
At the December 17, 2024, meeting, the City Council conducted a first reading of a standard uncodified ordinance amending the list of replacement parcels and parcels exempt from California Government Code sections 65912.114 and 65912.124 based City Council 32 – 1 1/21/2025
Ordinance Amendment No. 2024-07: Local AB 2011 Implementing Ordinance Revision Second Reading
January 21, 2025
upon written findings pursuant to California Government Code sections 65912.114(i) and 65912.124(i).The ordinance, approved 6:0 with Councilmember Lopez absent, requires a second reading.
No changes to the ordinance were made by the City Council. A copy of the uncodified ordinance for second reading is attached to this report as Exhibit 1.
ENVIRONMENTAL IMPACT
The City Council finds and determines that adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to California Government Code sections 65912.114(o) and 65912.124(o), adoption of an ordinance by a city implementing the provisions of AB 2011 is statutorily exempt.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT
1. Ordinance for Second Reading, Including Attachments
Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Alvaro Nuñez, City Manager
City Council 32 – 2 1/21/2025
City Clerk’s Office
www.santa-ana.org/city-clerk
Item # 33
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Election of Mayor Pro Tem for 2025
AGENDA TITLE
Election of Mayor Pro Tem for 2025
RECOMMENDED ACTION
Nominate and elect one Councilmember to serve as Mayor Pro Tem for calendar year 2025.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
At the December 8, 2020 Special City Council meeting, the City Council decided to make the Mayor Pro Tem position an annual appointment rather than a two-year appointment as was previous practice. At the November 8, 2022 General Municipal Election, the Santa Ana electorate approved amendments to the Santa Ana City Charter, including revisions to Section 405, which now reads: “Each calendar year, at the first meeting in January, the City Council shall elect a mayor pro tem who shall act as mayor during the absence from the city or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403.” Section 405 provides that all members of the City Council, other than the Mayor, shall be eligible to serve as Mayor Pro Tem regardless of their seniority or whether they have previously served as Mayor Pro Tem, with the exception that the Mayor Pro Tem from the previous year cannot be selected as the Mayor Pro Tem for the next year.
At the November 19, 2024 City Council meeting, Council voted (4-2-1; Councilmembers Lopez and Vazquez voting no and Councilmember Hernandez abstaining) to prohibit Councilmember Hernandez from serving as Mayor Pro Tem for a one-year period (calendar year 2025).
The Mayor Pro Tem serves at the will and pleasure of the City Council and may be replaced by four affirmative votes of the City Council.
City Council 33 – 1 1/21/2025
Election of Mayor Pro Tem for 2025
January 21, 2025
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. Mayor Pro Tem History
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, City Manager
City Council 33 – 2 1/21/2025
CITY OF SANTA ANA
HISTORY OF MAYOR PRO TEM
YEAR COUNCILMEMBER
2024 Thai Viet Phan
2023 Jessie Lopez
2022 Phil Bacerra
2021 David Penaloza
2019-2020 Juan Villegas
2017-2018 Michele Martinez
2015-2016 Vicente Sarmiento
2013-2014 Sal Tinajero
2011-2012 Claudia Alvarez
2009-2010 Claudia Alvarez
2/2007-2008 Claudia Alvarez
11/2006-2/2007 Carlos Bustamante
2005-11/2006 Lisa Bist
2003-2004 Brett Franklin
2001-2002 Patricia McGuigan
1999-2000 Tom Lutz
1997-1998 Robert Richardson
1995-1996 Robert Richardson
1993-1994 Miguel Pulido
1991-1992 Miguel Pulido
1989-1990 John Acosta
City Council 33 – 3 1/21/2025
City Manager’s Office
www.santa-ana.org/cm
Item # 34
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Amendment to Council Rules and Procedures to address Audio, Video, and Photographic Recording During City Council Meetings
AGENDA TITLE
Resolution Amending the Council Rules and Procedures to Address Audio, Video, and Photographic Recording During City Council Meetings and Repealing Resolution No. 2023-047
RECOMMENDED ACTION
Adopt a Resolution amending the Council Rules and Procedures to address audio, video, and photographic recording during City Council meetings, and repealing Resolution No. 2023-047.
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING THE COUNCIL RULES AND PROCEDURES
TO ADD PROVISIONS REGARDING AUDIO, VIDEO AND PHOTOGRAPHIC
RECORDING DURING CITY COUNCIL MEETINGS AND REPEALING RESOLUTION NO. 2023-047
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Santa Ana City Council is committed to ensuring transparency, public access, and decorum during its meetings. Section 409 of the City Charter and Sections 2-100 et seq. of the Santa Ana Municipal Code require the Council to adopt rules and procedures for conducting meetings. Additionally, the Ralph M. Brown Act establishes statewide standards for public meetings of local agencies, including the Santa Ana City Council.
Resolution No. 2023-047 previously established rules for the scheduling, conducting, and decorum of City Council meetings. To address evolving practices and technological advances in public engagement, the Council seeks to amend these rules specifically regarding the use of audio, video, and photographic recording devices during meetings.
City Council 34 – 1 1/21/2025
Amendment to Council Rules and Procedures to add Audio, Video, and Photographic Recording During City Council Meetings
January 21, 2025
Proposed Amendments:
The proposed resolution (Exhibit 1) provides the principles to balance public access with the need to maintain an orderly and effective meeting environment. The recommended amendments include:
Affirming the public’s right to record open sessions of the City Council as guaranteed by the Brown Act, provided such activities do not create noise, illumination, or obstructions that disrupt the proceedings. Prohibiting the obstruction of aisles, entrances, or exits by individuals recording or photographing the meetings.
Preserving the presiding officer authority to manage and address individuals recording in a disruptive manner to a designated area within the Council Chamber. Aligning these rules with the City’s commitment to transparency while maintaining decorum and accessibility.
These amendments underscore the City’s dedication to fostering an inclusive and participatory government while upholding the orderly conduct of its meetings and ensuring standards are applied uniformly.
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. Proposed Resolution Amending Council Rules and Procedures to add Audio, Video, and Photographic Recording During City Council Meetings and Repealing Resolution No. 2023-04
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager
City Council 34 – 2 1/21/2025
Resolution No. 2025-XXXX
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE COUNCIL RULES AND
PROCEDURES TO ADD PROVISIONS REGARDING AUDIO,
VIDEO AND PHOTOGRAPHIC RECORDING DURING CITY
COUNCIL MEETINGS AND REPEALING RESOLUTION NO.
2023-047 .
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. Section 409 of the City Charter and Sections 2-100 et seq. of Santa Ana Municipal Code call for the City Council to adopt rules and procedures for the scheduling and conducting of meetings of the City Council.
B. The Ralph M. Brown Act found at Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the "Brown Act") sets forth statewide standards for meetings of local agencies including the Santa Ana City Council.
C. Resolution No. 2023-047 addresses City Council meetings time and place, Agendas, Rules of Procedures, Decorum, Time limits and other regulations for speaking, and Teleconferencing.
D. The City Council desires to amend the City Council Rules and Procedures to address audio, video and photographic recording during City Council meetings and public speaker presentations.
Section 2. City Council meetings, time and place.
(a) Regular meetings of the City Council shall be on the first and third Tuesdays of each month beginning on January 1, 2014. The meeting shall begin between the hours of 3:00 P.M. and 5:00 P.M. for Closed Session followed by the Regular Open Meeting at 5:30 P.M., with the specific time legally noticed and posted on the agenda. The City Council shall publicly convene the meeting and then recess to conduct closed or executive sessions. Regular meetings of the City Council shall be convened in the Council Chamber or as noted on the agenda and at the time specified on the agenda. After being convened, all meetings may be adjourned to such other place or places as the City Council may order.
City Council 34 – 3 1/21/2025
Resolution No. 2025-XXXX
(b) Notwithstanding any other provision of this resolution, any regular meeting of the Council may be set, canceled, or rescheduled to a different date, time, or location by resolution duly adopted by the affirmative votes of a majority of the City Council or by any other manner as provided by law.
The date, time, and location of any meeting set or rescheduled to a different date, time, or location shall be noticed and posted in the manner provided by law.
(c) Special meetings of the City Council may be held at such locations as stated in the action calling such meetings and otherwise in conformance with the Brown Act. A special meeting may be called by the Mayor or the Mayor Pro Tem, in the Mayor’s noticed absence, by either of them contacting the City Clerk and requesting orally or in writing the call of a special meeting. A majority of the members of the City Council can also call a special meeting by delivering a written notice to the City Clerk of a request for a special meeting. Upon receiving a request from the Mayor, Mayor Pro Tem, or a majority of the City Council, the City Clerk shall notice the special meeting.
(d) All meetings are scheduled to terminate at 11:59 P.M. on the same day it began. At 11:00 P.M., the City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 11:59 P.M., and will continue all other items on which additional time is required until a future City Council meeting. A majority vote of the Council is required to extend a meeting beyond 11:59 P.M. to discuss specified items.
Section 3. Agenda.
The City Clerk shall prepare an agenda for each regular and special meeting of the City Council containing all items known by such officer to be considered. The order of placing items on the agenda prior to posting shall be at the discretion of the City Manager, in consultation with the Mayor. The agenda shall contain such information as required by the Brown Act. In addition, the agenda shall contain the following sections to provide for reporting by the City Council: AB1234 reports, Council Committee reports, and Regional Agency reports.
Section 4. Rules of Procedure.
Procedures before the City Council shall be governed by the most current edition of Rosenberg’s Rules of Order. Application of such procedures shall be vested in the sound discretion of the presiding officer.
Section 5. Decorum; Time limits and other regulations for speaking. (a) The City Council shall preserve decorum and an orderly procedure during debate. Councilmembers desiring to speak shall seek recognition from the presiding officer. Upon being recognized, a Councilmember shall confine their comments to the City Council 34 – 4 1/21/2025
Resolution No. 2025-XXXX
questions under debate. A Councilmember, once recognized, should not be interrupted unless a point of order is raised by another member. The presiding officer should not recognize a Councilmember to speak who has already spoken on a matter under debate until all other Councilmembers who wish to be heard have spoken. A Councilmember should limit them self to three (3) minutes at any one time without permission of the presiding officer. At the end of each meeting, the presiding officer shall recognize each Councilmember who may speak up to three (3) minutes on matters of public or community interest.
(b) The agenda for all regular meetings of the City Council shall provide members of the public the opportunity to address the City Council on agendized matters and non-agendized matters as required by the Brown Act. All requests to speak shall be submitted in writing to the City Clerk. No such requests shall be accepted after the public comment session begins without permission of the presiding officer. The agendas for adjourned, special, and emergency meetings of the City Council shall provide for public comment as provided in the Brown Act.
(c) Subject to (d) below, members of the public shall be given a total of three (3) minutes to: (i) address the City Council on any and all matters contained on the City Council agenda as well as the agendas of any of the City's related entities, such as the Successor Agency (formerly the Community Redevelopment Agency) or the Housing Authority, if those entities have meetings scheduled at the same time, and/or (ii) address any matters of public interest provided that they are within the jurisdiction or official business of the City of Santa Ana. The presiding officer shall have the discretion to reduce and also to increase the time allotted to speakers. The City Council may, by majority vote, address/revise the reduced or increased time allotted to speakers. (d) For general public hearings, members of the public shall be given three (3) minutes to address the City Council for each duly noticed hearing, unless continued prior to taking testimony.
i. For public hearings related to land use, entitlements, or appeals, the applicant/appellant and/or their representative(s) whose matter is the subject of the public hearing shall be given ten (10) minutes for their initial presentation.
Members of the public shall be given three (3) minutes to address the City Council on the subject of the public hearing. The applicant/appellant and or their representative(s) shall be given reasonable time for rebuttal comments. (e) Upon being recognized by the presiding officer, a speaker should step to the designated speaker location, state their name and address for the record, identify the matter by agenda designation (if applicable), and direct remarks to the City Council as a body and not to any individual member thereof. A speaker shall not be denied an opportunity to speak if they do not wish to state their name and address for the record.
City Council 34 – 5 1/21/2025
Resolution No. 2025-XXXX
No person other than members of the City Council and the person having the floor may be permitted to enter into the discussion without permission of the presiding officer. (f) It shall be within the sound discretion of the presiding officer to set a maximum time for public comment. In setting any limit, the presiding officer shall take into consideration the level of public interest in the matters in question, the length of the meeting and the need to provide for an orderly and effective meeting. As a means of limiting time while maximizing the public's opportunity to address the City Council, if a group of people seeks to address the City Council on the same matter or topic, the presiding officer may request the group to designate a spokesperson or limited number of speakers to address the City Council.
(g) The following rules shall apply to all persons addressing the City Council.
All speakers are requested to:
• direct all testimony to the City Council or the presiding officer and not individual Councilmembers,
• when speaking on agenda matters, limit comments to the agenda item(s), • when speaking on non-agenda matters, limit comments to matters within the jurisdiction or official business of the City of Santa Ana, and, • refrain from profane language, racial epitaphs, and libelous or slanderous statements that disturb the decorum of the meeting.
(h) Use of City equipment for video or audio presentations by a speaker shall be prohibited. However, nothing contained herein shall prohibit a speaker from making a presentation (including photographs, diagrams, or using other audio or visual means ) to the City Council during such speaker’s public comments. (i) The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c). Among other means of enforcement, the presiding officer may order the podium microphone turned off and/or video broadcast interrupted when the presiding officer has determined that an individual or group has disrupted the meeting, or the individual or group has exceeded their allotted time to speak without permission of the presiding officer. (j) All cell phones, pagers, or electronic devices belonging to the public, press, or personnel that may be disruptive must be placed on vibrate mode/quiet or be turned off while a meeting is in session.
Section 6. Teleconferencing.
Remote participation in a City Council meeting shall be governed by the teleconferencing provisions set forth in the Ralph M. Brown Act (Government Code Section 54950, et seq.) and by a Teleconferencing Policy duly adopted by the City Council.
City Council 34 – 6 1/21/2025
Resolution No. 2025-XXXX
Section 7. Audio, Video and Photographic Recording.
(a) As set forth in the Brown Act, any person attending an open session of a City Council Meeting shall have the right to record the proceedings with an audio or video recorder or camera unless the City Council by majority vote determines that the recording cannot continue without noise, illumination or obstruction of view that constitutes or would constitute, a persistent disruption to the meeting.
(b) No person shall obstruct the aisles, entrances or exits of the Council Chambers while recording, photographing or filming the City Council meeting.
The presiding officer may order any person obstructing the aisles, entrances or exits while recording, photographing or filming of the City Council meeting to move to any another area of the Council Chambers.
Section 8. The provisions of Sections 4, 5, 6 and 7 of this resolution shall apply to meetings of committees of the City Council, as may be modified from time to time by such committees.
Section 9. This Resolution shall supersede Resolution No. 2023-047 and shall take effect immediately upon its adoption by the City Council. The City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this ____ day of January, 2025.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: __________________
Laura A. Rossini
Chief Assistant City Attorney
City Council 34 – 7 1/21/2025
Resolution No. 2025-XXXX
AYES: Councilmembers:
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer 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 January ___, 2025.
Date: ___________________ ____________________________
City Clerk
City of Santa Ana
City Council 34 – 8 1/21/2025
Planning and Building Agency
www.santa-ana.org/pba
Item # 35
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Zoning Ordinance No. 2024-03 to Amend Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code in Compliance with Changes to State Law Pertaining to Accessory Dwelling Units and Make Other Minor Clarifying Changes (Citywide)
AGENDA TITLE
Zoning Ordinance Amendment No. 2024-03 – An Ordinance of the City Council of the City of Santa Ana Amending Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to Accessory Dwelling Units (ADUs) Legal notice published in the OC Reporter on December 30, 2024.
RECOMMENDED ACTIONS
1. Conduct a first reading and adopt Zoning Ordinance Amendment No. 2024-03 to amend Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code related to accessory dwelling units to be in compliance with changes to State ADU law enacted under Senate Bill 1211 that took effect January 1, 2025.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING ARTICLE II (USE DISTRICTS) OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS TO BE IN COMPLIANCE WITH CHANGES TO STATE LAW ENACTED UNDER SENATE BILL 1211 AND MAKE OTHER MINOR
CLARIFYING CHANGES
2. Determine that adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines.
GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
On September 19, 2024, Governor Newsom signed new housing laws that included Senate Bill (SB) 1211, amending State accessory dwelling unit (ADU) law. The bill became effective January 1, 2025. The proposed ordinance will amend several sections of the zoning code to make Santa Ana’s local ordinance (SAMC Section 41-194 et seq.) City Council 35 – 1 1/21/2025
ZOA No. 2024-03: ADU Ordinance Amendments (Citywide)
January 21, 2025
consistent with changes to State ADU law. Specifically, staff proposes amendments to Santa Ana Municipal Code (SAMC) Sections 41-194 (Purpose), 41-194.1 (Definitions), 41-194.2 (Permitted zones and applicability), and 41-194.3 (Development standards) in order to comply with State ADU Law. It also proposes to update outdated references to the Government Code and change language with respect to ADU size.
On December 9, 2024, during its regularly scheduled meeting, the Planning Commission voted 5:0, with Vice-Chairperson Ramos and Commissioner Leo absent, to recommend that the City Council approve the proposed amendments to Chapter 41. As part of its recommendation to approve, the Planning Commission did not include any changes to the proposed ordinance amendments.
DISCUSSION
ADUs are seen as a critical component in addressing the statewide housing shortage. As such, the California Legislature has enacted bills making changes to State ADU law in nearly every legislative session since 2016. Collectively, the bills have made changes to development and design standards that can be imposed by local agencies, the number of units that can be constructed on a property, set limits on parking standards and included parking exemptions, required streamlined review processes, and prescribed that local ordinances that are not in compliance with state ADU law are null and void and superseded by State law.
SB 1211 is the latest bill enacted by the legislature and signed by the Governor that made changes to State ADU law. The bill increases the number of detached ADUs that can be constructed on lots with multi-family buildings, prohibits local governments from requiring replacement of uncovered parking spaces, and clarifies the definition of livable space.
To ensure Santa Ana’s local ordinance remains enforceable and consistent with State law, sections of Article II (Use Districts) of Chapter 41 (Zoning) relating to ADUs and Junior Accessory Dwelling Units (JADUs) that are impacted must be amended.
Table 1 below provides a summary of the major changes necessary to the local ADU ordinance. If adopted, the ordinance would require a second reading and would become effective 30 days thereafter.
City Council 35 – 2 1/21/2025
ZOA No. 2024-03: ADU Ordinance Amendments (Citywide)
January 21, 2025
Table 1: ZOA No. 2024-03 Current and Proposed Text Regulations Item Existing Zoning Code
Regulations
New State Law Proposed Zoning Code
Regulations
Multi-Family
Buildings
Sec. 41-194.2(D) permits
two detached units, either
new construction or
conversion of existing
detached accessory
buildings, to a total of two
ADUs.
1. Permits the
construction of up
to eight detached
ADUs on lots
developed with a
multi-family
building; however
the number of
ADUs shall not
exceed the number
of existing units on
the lot.
2. Lots proposed to be
developed with a
multi-family building
are permitted to
construct up to two
detached ADUs.
1. Add Sec. 41-194.2(E) to
permit the construction of
up to eight detached ADUs
on lots developed with a
multi-family building.
2. Add Sec. 41-194.2(F) to
permit the construction of
up to two detached ADUs
on a lot proposed to be
developed with a multifamily building.
Parking
Requirements
Existing ADU ordinance
provides definitions for
existing carport, existing
covered parking
structure, and existing
garage. It also states that
when one of the
aforementioned is
demolished in
conjunction with the
construction of an ADU,
or converted to an ADU,
replacement of those
parking spaces is not
required.
Enumerates an
additional definition for
uncovered parking
space that is not
required to be replaced
in conjunction with the
construction of an ADU,
or when it is converted
to an ADU.
1. Add Sec. 41-194.1(4) to
define existing uncovered
parking space.
2. Amend Sec. 41-194.3(M)
to include uncovered
parking spaces on the list
of parking that can be
demolished in conjunction
with the construction of an
ADU, or converted to an
ADU, without requiring
replacement of that
parking.
Livable Space Existing ADU ordinance
defines living area as
interior habitable area of
a dwelling unit, including
basements and attics, but
does not include a
garage or any accessory
structure. The ordinance
does not define livable
space.
Clarifies the definition of
livable space as a
space in a dwelling
intended for human
habitation, including
living, sleeping, eating,
cooking, or sanitation.
Add Sec. 41-194.1(7) to define
livable space as a space in a
dwelling intended for human
habitation, including living,
sleeping, eating, cooking, or
sanitation.
City Council 35 – 3 1/21/2025
ZOA No. 2024-03: ADU Ordinance Amendments (Citywide)
January 21, 2025
Item Existing Zoning Code
Regulations
New State Law Proposed Zoning Code
Regulations
State ADU
Law
Reference
References prior
Government Code
sections (65852.2 and
65852.22) that governed
ADU development.
Senate Bill 477
relocated numerous
Government Code
sections into a new
chapter to make State
law governing ADUs
and JADUs easier to
read and navigate.
Update all references to the
Government Code to reflect
reorganization of State
ADU/JADU law.
Size Provides that conversion
of an existing accessory
structure or a portion of
the existing primary
residence to an ADU is
not subject to size
requirements, at Section
41-194.3(D)
Change is not related
to recent legislation but
to ensure more precise
and appropriate
language is used—
“size limits” rather than
“size requirements.”
Changed language at Section
41-194.3(D) replacing the term
“requirements” with “limits”.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, adoption of this Ordinance is exempt from CEQA review pursuant to Section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding ADUs in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310, et seq. of the Government Code as set forth in Section 21080.17 of the Public Resources Code. As a result, a Notice of Exemption, Environmental Review No. 2024-96, will be filed upon adoption of this ordinance.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBITS
1. Ordinance for ZOA No. 2024-03
2. Copy of Public Notice
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Alvaro Nuñez, City Manager
City Council 35 – 4 1/21/2025
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE II (USE DISTRICTS) OF
CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL
CODE RELATING TO ACCESSORY DWELLING UNITS TO
BE IN COMPLIANCE WITH CHANGES TO STATE LAW
ENACTED UNDER SENATE BILL 1211 AND MAKE OTHER
MINOR CLARIFYING CHANGES
WHEREAS, in Government Code section 66310, the California Legislature found and declared that, among other things, allowing Accessory Dwelling Units (“ADUs”) in zones that permit single-family and multifamily uses provides additional rental housing and is an essential component in addressing California’s housing needs; and WHEREAS, the legislature has periodically revised State law governing local regulation of the development of ADUs and Junior Accessory Dwelling Units (“JADUs”), to which law charter cities like Santa Ana are subject; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Senate Bill 1211, which amended Government Code sections 66313, 66314, and 66323; and
WHEREAS, the City of Santa Ana accordingly desires to amend and update its local regulations governing the development of ADUs and JADUs to be consistent with State ADU law as amended by SB 1211 in order to retain the ability to maintain local land use control and implement its ADU ordinance to the fullest extent possible and to make other minor clarifying changes to the City’s ordinance; and WHEREAS, Zoning Ordinance Amendment No. 2024-03 amends and adds various sections of Chapter 41, including: Section 41-194 (Purpose), Section 41-194.1 (Definitions), Section 41-194.2 (Permitted Zones and Applicability), and Section 41-194.3 (Development Standards) and makes those other minor clarifying changes to the City’s ordinance; and
WHEREAS, the regulations contained within Zoning Ordinance Amendment No. 2024-03 are consistent with the City’s adopted General Plan, specifically the following goals and policies:
• Goal LU-1: Growing Responsibly. Provide a land use plan that improves quality of life and respects our existing community.
o Policy LU-1.1 Compatible Uses. Foster compatibility between land uses to enhance livability and promote healthy lifestyles.
o Policy LU-1.5 Diverse housing types. Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups.
City Council 35 – 5 1/21/2025
Ordinance No. NS-XXX
• Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa Ana’s diverse needs.
o Policy LU-2.6 Encourage Investment. Promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment.
• Goal LU-3: Compatibility of Uses. Preserve and improve the character and integrity of existing neighborhoods and districts.
o Policy LU-3.1 Community Benefits. Support new development which provides a net community benefit and contributes to neighborhood character and identity.
o Policy LU-3.4 Compatible Development. Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment.
o Policy LU-3.7 Attractive Environment. Promote a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. • Goal HE-1: Housing and Neighborhoods. Livable and affordable neighborhoods with healthy and safe housing conditions, community services, well-maintained infrastructure, and public facilities that inspire neighborhood pride and ownership.
o Policy HE-1.7 Historic Preservation. Support preservation and enhancement of residential structures, properties, street designs, lot patterns, and other visible reminders of neighborhoods that are considered local historic or cultural resources.
• Goal HE-2: Housing Supply and Diversity. Foster an inclusive community with 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.
o Policy HE-2.1 Citywide. Designate adequate land in the General Plan Land Use Element and Zoning for the development of a range of housing types to meet the identified needs of all economic segments of the community while providing a high quality of life for all residents. o Policy HE-2.4 Rental Housing. Facilitate the construction of rental housing for Santa Ana’s residents and workforce, with a commitment to provide rental housing for extremely low-, very low-, and low-income residents as well as moderate-income Santa Ana workers.
o Policy HE-2.5 Diverse Housing Types. Facilitate diverse types, prices, and sizes of housing, including single-family homes, apartments, townhomes, City Council 35 – 6 1/21/2025
Ordinance No. NS-XXX
duplexes, mixed/multiuse housing, transit-oriented housing, multigenerational housing, accessory dwelling units, and live-work opportunities.
o 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.
o Policy HE-2.8 Entitlement Process. Provide flexible development review and entitlement processes that facilitate innovative and creative housing solutions, offer a consistent approval process, and allow for appropriate oversight.
o Policy HE-2.10 Overcrowding Conditions. Facilitate the development of accessory dwelling units and additions and improvements to existing homes to alleviate overcrowded housing conditions.
• Goal HP-1: Historic Areas and Resources. Preserve and enhance Santa Ana’s historic areas and resources to maintain a unique sense of place. o Policy HP-1.1 Architectural and Design Standards. Preserve unique neighborhoods and structures in Santa Ana through implementation of the Citywide Design Guidelines and historic preservation best practices. • Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment.
o Policy UD-1.1 Design Quality. Ensure all developments feature high quality design, materials, finishes, and construction.
• Goal UD-2: Sustainable Environment. Improve the built environment through sustainable development that is proportional and aesthetically related to its setting.
o Policy UD-2.2 Compatibility and use with Setting. Employ buffers and other urban design strategies to encourage the compatibility of new development with the scale, bulk, and pattern of existing development. o Policy UD-2.4 Intentional Design. Encourage design and architecture on private and public property that accentuate focal points, activity nodes, and historic areas.
o Policy UD-2.5 Relation to Surroundings. Ensure new development exhibits a functional, comfortable scale in relation to its neighborhood.
City Council 35 – 7 1/21/2025
Ordinance No. NS-XXX
o Policy UD-2.6 Preserve Neighborhood Character. Preserve the character and uniqueness of existing districts and neighborhoods.
Zoning Ordinance Amendment No. 2024-03 supports and is consistent with these General Plan goals and policies of the Land Use Element, Housing Element, Historic Preservation Element, and Urban Design Element.
WHEREAS, on December 9, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2024-03, and recommended adoption of said Zoning Ordinance Amendment No. 2024-03 by the City Council; and WHEREAS, on January 21, 2025, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2024-03.
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Section 41-194 (Purpose) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 41-194. Accessory Dwelling Units – Purpose.
The purpose of this section is to establish regulations for the development of accessory dwelling units and junior accessory dwelling units as defined in this section and in California Government Code sections 66310, et seq.65852.2 and 65852.22, or any successor statute.
Section 3. Section 41-194.1 (Definitions) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 41-194.1. - Definitions.
As used in this section, the following words, terms or phrases have the following meanings:
(1) "Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residential building. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the primary residential building is situated or will be situated. It shall have the same meaning as that term is defined in California Government Code section 66310, et. seq.65852.2, as amended from time to time.
City Council 35 – 8 1/21/2025
Ordinance No. NS-XXX
(2) "Existing accessory structure" means an accessory structure, as defined in this chapter, which was legally established and existing prior to the submittal of an ADU or JADU application.
(3) "Existing carport" and "Existing covered parking structure" and "Existing garage" means a building or portion of a building designed or used for parking or storage of motor vehicles that was legally established and existing prior to the submittal of an ADU or JADU application.
(4) “Existing uncovered parking space” means a parking area without a roof or other structure that is designated for a specific building and that was legally established and existing prior to the submittal of an ADU or JADU application. (54) "Junior accessory dwelling unit" or "JADU" means a unit that is no more than five hundred (500) square feet in size, contained entirely within the living area of a single-family residence, provides a cooking facility with appliances, food preparation counter and storage cabinets that are of reasonable size in relation to the unit, and has independent exterior access. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure when an interior connection to the primary unit where the sanitation facilities are located is provided.
(6) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (75) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (86) "Mixed-use" for purposes of ADU development means a development that combines residential land use with one (1) or more additional land uses where uses are physically and functionally integrated (horizontally or vertically). (97) "Multi-family building" for purposes of ADU development means a building, other than a hotel or motel, with two (2) or more attached dwelling units used to house two (2) or more families, living independently of each other. (108) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(119) "Single-family residence" means a residential building containing one (1) or more habitable rooms with only one (1) kitchen, designed for occupancy by one (1) independent household unit with common access to, and common use of all living, kitchen and bathroom areas.
(1210) "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
Section 4. Section 41-194.2 (Permitted zones and applicability) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 41-194.2. - Permitted zones and applicability.
City Council 35 – 9 1/21/2025
Ordinance No. NS-XXX
(A) ADUs and JADUs may be permitted in all zoning districts where residential or mixeduse development is permitted. (B) The executive director of the planning and building agency, or his/her designee, shall review and approve or deny ministerial permits for ADUs and JADUs upon determining whether the application submitted is complete, the proposed unit conforms to all requirements of this Code, and a non-refundable application review fee in the amount established by the city council, and amended from time to time, has been paid. Applications deemed incomplete or not in full conformance with the requirements of this Code will be rejected.
(C) Lots developed or proposed to be developed with a single-family residence or multiple detached single-family residences shall not be permitted more than one (1) ADU.
(D) Lots developed with a multi-family building may convert existing non-habitable square footage within the building not used as livable space to a minimum of one (1) ADU and a maximum that shall not exceed twenty-five (25) percent of the number of units on the lot. Lots developed with a multi-family building are also permitted to construct up to two (2) detached ADUs. Those detached ADUs may be provided through conversion of existing detached accessory buildings, garages, carports, covered parking structures, new construction, or combination thereof. (E) Lots developed with a multi-family building are, in addition to units permissible by subsection (D), permitted to construct up to eight (8) detached ADUs; however, the number of detached ADUs shall not exceed the number of existing units on the lot.
Those detached ADUs may be provided through conversion of existing detached accessory buildings, garages, carports, covered parking structures, new construction, or combination thereof.
(F) Lots proposed to be developed with a multi-family building are permitted to construct up to two (2) detached ADUs.
(GE) A maximum of one (1) JADU shall be permitted on a lot developed or proposed to be developed with a single-family residence. For purposes of this paragraph, nonhabitable spaces attached to or within the primary residence, such as an attached garage, is considered a part of the proposed or existing single-family residence and may be converted into a JADU. Lots with multiple detached single-family residences are not eligible to have a JADU.
(HF) An ADU shall only be sold or otherwise conveyed separately from the primary building on the lot if the primary building and the ADU were built or developed by a qualified non-profit corporation in accordance with Government Code Section 65852.26, as amended from time to time, and an affordable housing agreement is entered into by the applicant and the city.
Section 5. Section 41-194.3 (Development standards) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 41-194.3. - Development standards.
City Council 35 – 10 1/21/2025
Ordinance No. NS-XXX
The development standards in Table 41-194.3 shall be applicable to all ADUs and JADUs. Additional provisions related to ADUs and JADUs are referenced in the "Additional Provisions" column of the table. Such provisions may include references to other applicable code sections or limitations.
City of Santa Ana Municipal Code Table 41-194.3
Specific
Regulations
ADU JADU Additional
Attached Detached Provisions
Minimum Size 220 sq. ft. 220 sq. ft. 220 sq. ft.
Maximum Size 1,000 sq. ft. 1,000 sq. ft. 500 sq. ft. (A)(B)(C)(D) Maximum
Height
Same as
primary
building
20 ft. Same as
primary
building
(E)
Minimum Front
Yard Setback
Same as
primary
building
Same as
primary
building
Same as
primary
building
(F)
Minimum Side
Yard Setback
4 ft. 4 ft. Same as
primary
building
(G)
Minimum
Street Side
Setback
(Corner Lots)
4 ft. 4 ft. Same as
primary
building
(G)
Minimum Rear
Yard Setback
4 ft. 4 ft. Same as
primary
building
(G)
Maximum Lot
Coverage/Use
Intensity
Same as
zoning district
Same as
zoning district
Same as
zoning district
(H)
Open Space 1,200 sq. ft. 1,200 sq. ft. - (I)(J)
Separation
from Primary
Buildings
- 15 ft. - (K)
Separation
from
Accessory
Buildings
5 ft. 5 ft. Same as
primary
building
(K)
Minimum
Parking
1 space 1 space - (L)(M)
Tandem
Parking
Permitted Permitted Permitted
Design
Guidelines
Apply Apply Apply
City Council 35 – 11 1/21/2025
Ordinance No. NS-XXX
(A) Attached ADUs shall not exceed fifty (50) percent of the size of the habitable space of the primary residence on the lot. Attached ADUs may only exceed fifty (50) percent of the size of the habitable space of the primary dwelling to accommodate an ADU up to eight hundred (800) square feet in size. In no case shall the attached ADU exceed one thousand (1,000) square feet in size.
(B) ADUs may not exceed eight hundred (800) square feet in size in cases where both an ADU and JADU are developed or proposed on a lot.
(C) Existing accessory structures may be converted into an ADU and may be expanded by up to one hundred fifty (150) square feet of the existing footprint.
Development standards applicable to new ADUs shall not apply to one hundred fifty (150) square foot expansions. If an expansion of an accessory structure beyond one hundred fifty (150) square feet is proposed, the ADU shall be subject to and comply with all development standards applicable to a new ADU. (D) The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to size limits requirements. (E) Detached ADUs shall not exceed two (2) stories or twenty (20) feet in height, as measured from the lowest adjacent grade of the structure to the highest point of the roof on the structure. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to height requirements.
(F) An ADU may encroach into the required front yard setback to permit an ADU up to eight hundred (800) square feet in size. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to setback requirements.
(G) No minimum setback shall be required for an ADU constructed in the same location and to the same dimensions as an existing structure that encroached into a required setback that was demolished to construct the proposed unit. (H) Lot coverage and use intensity maximum established in zoning district may be exceeded to permit an ADU up to eight hundred (800) square feet in size. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to lot coverage requirements. (I) Required open space may be reduced to permit an ADU up to eight hundred (800) square feet in size. Open space requirement shall only apply to properties developed or proposed to be developed with a single-family residence. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to open space requirements. (J) Shall be usable, continuous, non-front yard open-space, excluding driveways and parking areas. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. (K) Separation requirement may be reduced to permit an ADU up to eight hundred (800) square feet in size. Separation shall be measured from the nearest points between the structures. The conversion of an existing accessory structure or a City Council 35 – 12 1/21/2025
Ordinance No. NS-XXX
portion of the existing primary residence to an ADU is not subject to separation requirements.
(L) No parking for the ADU is required if one (1) or more of the following applies:
1. The ADU is located within one-half (½) mile walking distance of public transit.
2. The ADU is located within an architecturally and historically significant historic district.
3. The ADU is part of the proposed or existing primary residence or an existing accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the ADU.
5. When there is a car share vehicle located within one (1) block of the ADU.
6. The ADU is constructed as a studio, without bedrooms.
7. When a permit application for an ADU is submitted with a permit application to create a new single-family residence or a new multifamily residence on the same lot, provided that the ADU or the lot satisfies any other criteria listed in items 1. through 6. above.
(M) When an existing garage, carport, or other covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU, or converted to an ADU, replacement of those off-street parking spaces shall not be required. If an existing garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADU, the demolition permit shall be issued at the same time as the permit for the ADU.
Section 6. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the State CEQA Guidelines, which provides a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310, et seq. of the Government Code, as further set forth in Section 21080.17 of the Public Resources Code.
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.
City Council 35 – 13 1/21/2025
Ordinance No. NS-XXX
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
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 35 – 14 1/21/2025
CITYOFSANTAANA
PlanningandBuildingAgency
20CivicCenterPlaza P.O. Box1988
SantaAna, California92702
www.santa-ana.org/pba
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CITYOFSANTAANA, CA.
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ProjectApplicant: TheCityofSantaAna
ProposedAction: Adoption ofanordinance approving Zoning Ordinance Amendment No. 2024-03to amend several sections ofArticle II (UseDistricts - General Provisions) ofChapter 41 (Zoning) ofthe SantaAnaMunicipal Code (SAMC) related toaccessory dwelling units (ADUs) tomaintain consistency with, andamend toreflect modifications to, stateADUlawscheduled totakeeffect January 1, 2025, andmakeotherminor clarifying changes.
EnvironmentalImpact: Pursuant totheCalifornia Environmental QualityAct (“CEQA”) andtheState CEQAGuidelines, adoption ofthisOrdinance isexempt fromCEQAreview pursuant toSection 15282(h) whichprovides astatutory exemption fortheadoption ofanordinance regarding ADUs ina single-familyormultifamily residential zonebyacityorcounty toimplement theprovisions ofSections 66310 etseq. oftheGovernment CodeassetforthinSection 21080.17ofthePublic Resources Code.
Asaresult, aNotice ofExemption, Environmental Review No. 2024-96, willbefileduponadoption of thisordinance.
MeetingDetails: Thispublichearing willbeheldonTuesday, January21, 2025, at5:30p.m., oras soonthereafter asthemattermaybeheard, intheCityCouncil Chamber, 22CivicCenterPlaza, Santa Ana, CA92701. Membersofthepublicmayattendthismeetingin-personorjoinviaZoom. For themostuptodateinformation onhowtoparticipate virtually inthismeeting, please visit https://www.santa-ana.org/agendas-and-minutes/.
WrittenComments: Ifyouareunable toparticipate inthemeeting, youmaysendwritten comments bye-mailtoeComment@santa- ana.org (reference theAgenda Item # inthesubject line) ormailto Jennifer L. Hall, CityClerk, CityofSantaAna, 20CivicCenterPlaza – M30, SantaAna, CA92701.
Deadline tosubmit writtencomments is4:00p.m. onthedayofthemeeting. Comments received after thedeadline maynotbedistributed totheCityCouncil butwillbemadepartoftherecord.
WhereToGetMoreInformation: Allstaffreports regarding anyitemonthisagenda areavailable for public inspection intheCityClerk’sOfficeduring regular business hoursandposted ontheCity’swebsite theTuesday before aCouncil meeting at: https://www.santa-ana.org/agendas-and-minutes/.
City Council 35 – 15 1/21/2025
WhoToContactForQuestions: Should youhaveanyquestions, please contact HolliSafran withthe Planning andBuilding [email protected] (714) 667-2746.
Note: Ifyou challenge thedecision ontheabove matter incourt, youmaybelimited toraising only thoseissues youorsomeone elseraised atthepublichearing described inthisnotice, orinwritten correspondence delivered totheCityCouncil oftheCityofSantaAnaat, orpriorto, thepublichearing.
Sitienepreguntasenespañol, favordellamaraNuviaOcampo (714) 667-2732. ênlucnliTinaLees (714) 5647-5214.
Jennifer L. Hall, CMC
CityClerk
Publish: Orange County Reporter – LegalsSection; Orange County Register Date: December 30, 2024
City Council 35 – 16 1/21/2025
SUCCESSOR AGENCY 1 September 17, 2024
September 23, 2024
DRAFT Minutes of the Special Meeting of the
Successor Agency of the City Council
City of Santa Ana, California
September 17, 2024
Held on September 23, 2024
CALL TO ORDER
MINUTES: Mayor Amezcua called the adjourned Special Successor Agency meeting of September 17, 2024 to order in joint session with the City Council at 7:42 P.M. on September 23, 2024.
ATTENDANCE Agency Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Vice Chair Thai Viet Phan
Chair Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
Secretary Jennifer L. Hall
ROLL CALL
MINUTES: Secretary Jennifer L. Hall conducted Roll Call.
Agency Members Bacerra, Hernandez, Lopez, Penaloza, and Vazquez, Vice Chair Phan, and Chair Amezcua were present.
City Council 2 – 1 1/21/2025
SUCCESSOR AGENCY 2 September 17, 2024
September 23, 2024
24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 398-601-02) for Parking Lot (General Fund and Non-General Fund)
Legal notice published in the OC Reporter on August 30 and September 9, 2024.
Department(s): Community Development Agency
Recommended Action:
CITY COUNCIL ACTION
1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 398-601-02), and authorize the City Manager to execute all required documents as necessary.
RESOLUTION NO. 2024-052 entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE
AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET
PARKING LOT
2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 398-601-02) in the amount of $190,000 plus closing costs (Agreement No. A-2024-147).
SUCCESSOR AGENCY ACTION
1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana.
RESOLUTION NO. 2024-002 entitled A RESOLUTION OF THE SUCCESOR
AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET
PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE
EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN
EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA
PUBLIC HEARING
City Council 2 – 2 1/21/2025
SUCCESSOR AGENCY 3 September 17, 2024
September 23, 2024
Guidelines Section 15061(b)(3) and Section 15301)
2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 398-601-02), and authorize the Executive Director to execute all required documents as necessary.
RESOLUTION NO. 2024-003 entitled A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF
SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR
THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT
3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 398-601-02) in the amount of $190,000 plus closing costs (Agreement No. A-2024-147).
MINUTES: Assistant City Manager Steven Mendoza gave a brief report regarding the Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street.
Chair Amezcua opened the Public Hearing at 7:43 P.M.
Secretary Jennifer L. Hall stated there were no email comments received.
The following speakers addressed the Successor Agency in-person:
1. Jackie Cordova spoke regarding value of land and increased rents.
There being no additional speakers, Chair Amezcua closed the Public Hearing at 7:46 P.M.
MOTION: Councilmember Hernandez moved to approve the recommended City Council actions for Item No. 24, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES:
NOES:
COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER LOPEZ,
COUNCILMEMBER PENALOZA, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
City Council 2 – 3 1/21/2025
SUCCESSOR AGENCY 4 September 17, 2024
September 23, 2024
ABSTAIN:
ABSENT:
NONE
NONE
Status: 7-0 – Pass
MOTION: Chair Amezcua moved to approve the recommended Successor Agency actions for Item No. 24, seconded by Agency Member Hernandez.
The motion carried, 7-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
AGENCY MEMBER BACERRA, AGENCY MEMBER
HERNANDEZ, AGENCY MEMBER LOPEZ, AGENCY
MEMBER PENALOZA, AGENCY MEMBER VAZQUEZ, VICE
CHAIR PHAN, CHAIR AMEZCUA
NONE
NONE
NONE
Status: 7-0 – Pass
ADJOURNMENT – Adjourn the Successor Agency meeting and reconvene to the Regular City Council Meeting.
MINUTES: Chair Amezcua adjourned the Special Successor Agency meeting at 7:48 P.M.
Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
Secretary
City Council 2 – 4 1/21/2025
SUCCESSOR AGENCY 1 January 16, 2024
DRAFT Minutes of the Special Meeting of the
Successor Agency of the City Council
City of Santa Ana, California
January 16, 2024
CALL TO ORDER
MINUTES: Mayor Amezcua called the Special Successor Agency meeting to order at 8:08 P.M.
ATTENDANCE Agency Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Vice Chair Thai Viet Phan
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Secretary Jennifer L. Hall
ROLL CALL
MINUTES: Secretary Jennifer L. Hall conducted Roll Call.
Agency Members Bacerra, Hernandez, Penaloza, and Vazquez, Vice Chair Phan, and Chair Amezcua were present. Agency Member Lopez was absent.
ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA
MINUTES: None.
City Council 2 – 5 1/21/2025
SUCCESSOR AGENCY 2 January 16, 2024
PUBLIC COMMENTS – Members of the public may address Successor Agency on items on the Successor Agency agenda.
MINUTES: No public comments received.
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
MINUTES: At 8:08 P.M., the Consent Calendar was considered.
MOTION: Agency Member Hernandez to approve Consent Calendar Item Nos. 1 through 3, seconded by Chair Amezcua.
The motion carried, 6-0-0-1, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
AGENCY MEMBER BACERRA, AGENCY MEMBER
HERNANDEZ, AGENCY MEMBER PENALOZA, AGENCY
MEMBER VAZQUEZ, VICE CHAIR PHAN, CHAIR AMEZCUA
NONE
NONE
AGENCY MEMBER LOPEZ
Status: 6 – 0 – 0 – 1 – Pass
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes from the Special Meetings of September 6, 2022 and January 17, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Recognized Obligation Payment Schedule (ROPS) for the Period of July 1, 2024 Through June 30, 2025
Department(s): Community Development Agency
Recommended Action: Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2024 through June 30, 2025 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code.
CONSENT CALENDAR
City Council 2 – 6 1/21/2025
SUCCESSOR AGENCY 3 January 16, 2024
SUCCESSOR AGENCY RESOLUTION NO. 2024-001 entitled A RESOLUTION OF
THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 24-25 FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE (“DISSOLUTION ACT”)
**END OF CONSENT CALENDAR**
SUCCESSOR AGENCY COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Successor Agency meeting and reconvene to the Regular City Council Meeting.
MINUTES: Chair Amezcua adjourned the Special Successor Agency meeting at 8:09 P.M.
Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
Secretary
City Council 2 – 7 1/21/2025
Community Development Agency
www.santa-ana.org/community-development
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Recognized Obligation Payment Schedule Fiscal Year (FY) 2025-2026
AGENDA TITLE
Recognized Obligation Payment Schedule (ROPS) for the Period of July 1, 2025 through June 30, 2026
RECOMMENDED ACTION
Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2025 through June 30, 2026 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code.
SUCCESSOR AGENCY RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF
THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 25-26 FOR THE PERIOD OF JULY 1, 2025 TO JUNE 30, 2026 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE (“DISSOLUTION ACT”)
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
In 1973, the City of Santa Ana adopted an ordinance to create a Redevelopment Agency. Throughout the years, the Redevelopment Agency completed numerous projects to eliminate blight, spur economic growth, funded construction of affordable housing projects, and provided infrastructure and community facility improvements within the defined project areas.
Pursuant to Part 1.85 of Division 24 of the California Health & Safety Code (“Dissolution Act”), the City Council on January 9, 2012, elected for the City to act as the “Successor Agency” to the dissolved Community Redevelopment Agency (“Agency”). On February 1, 2012, in accordance with the Dissolution Act and the California Supreme Court’s decision in California Redevelopment Association v. Matosantos, Case No. S194861, the Agency was dissolved and the City began to serve as the “Successor Agency.” The City Council serves as the governing body of the Successor Agency under the Dissolution Act, as amended by AB 1484, AB 471, and SB 107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency’s affairs.
City Council 3 – 1 1/21/2025
Recognized Obligation Payment Schedule FY 2025-2026
January 21, 2025