Santa Ana City Council
February 4, 2025

4 8
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has a Lobbyist E-Filing and Administration System which meets the City’s needs for an electronic filing system for the Lobbyist Program. The NetFile system is familiar to many users, provides an administrative component for staff to manage deadlines and communications, and provides transparent access to the public for filed forms and reports via a search page.

Approval of the amendment to the NetFile agreement will allow staff to implement the lobbyist electronic filing system and work with existing and future lobbyists to file their registration forms and quarterly and annual reports while making all forms and reports publically available. Approval will also authorize payments for lobbyist services provided by NetFile since November 20, 2024.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds in the pro-rated amount of $6,584 for Fiscal Year 2024-25 are available in the City Clerk’s Contract Services-Professional expenditure account. Funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

Fiscal
Year
Accounting
Unit-Account#
Fund
Description
Account Unit,
Account Description Amount
FY 2024-
25 01107031-
62300 City Clerk Contract Services -
Professional
$6,584

FY 2025-
26 01107031-
62300 City Clerk Contract Services -
Professional
$9,500

FY 2026-
27 01107031-
62300 City Clerk Contract Services -
Professional
$9,500

Total $25,584

EXHIBIT(S)

1. Amendment to Agreement with NetFile
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, City Manager

City Council
8 –
2 2/4/2025

FIRST AMENDMENT TO AGREEMENT WITH NETFILE, INC.

TO PROVIDE ONLINE SUBSCRIPTION SERVICES FOR FPPC FILING THIS FIRST AMENDMENT to the above-r eferenced agre ement is entered into on February 4, 2025, by and between NetFile, Inc. a California non-profit corporation (“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-2022-154 (“Agreement”) dated August 1, 2022, to provide online subscription services for FPPC filings.

B. The te
rm of the Agreement runs through July 31, 2025, is current and in-effect, and allows for the Parties an option to extend the term of the Agreement for a two (2) year period.

C. The
parties now wish to amend the Agreement to exercise the two -year option to extend the term of the Agreement; amend the scope of services to include additional services; increase the overall compensation to account for the additional services and extension of the term of the Agreement; and allow for the City to compensate the Contractor for services provided to the City. No other changes are contemplated by this Amendment.

The P
arties therefore agree:

1. Se
ction 1, Scope of Services , is hereby amended to include Exhibit A -1 to this First Amendment, attached hereto and incorporated by reference.

2. Sect
ion 2, Term, is hereby extended, pursuant to the right of the parties to exercise their option to extend the Agreement, through July 31, 2027.

3. Sect
ion 3, Compensation and Payment , is hereby amended and revised to read as follows:
a. Cont
ractor will provide the use of the Campaign Disclosure System and Statement of Economic Interests system (up to 350 SEI filers) at an ongoing discounted rate of $19,000, per year, commencing August 1, 2022.
b. Cont
ractor will provide the additional services, as detailed in Exhibit A -1, for the remaining term of the Agreement, including during the exercised extension, for $25,584. This amount includes the annual base amount of $9,500, per year, and a prorated amount of $6,584 for services which commenced on November 20, 2024.

City shall recognize and compensate Contractor for said services rendered since November 20, 2024.
c. The
total amount to be expended during the term of this Agreement shall not exceed $120,584.
d. Ci
ty has the option of paying on an ongoing quarterly basis for Services provided by Contractor billed in advance of the quarter instead of one annual payment. No interest

City Council
8 –
3 2/4/2025

or finance charges will be incurred if the City chooses the quarterly payment option.

City will pay Contractor within forty-five (45) days of City's receipt of invoice. If for any reason the contract is terminated prior to the paid through date by the City, Contractor will reimburse City any unused amount within ten (10) working days from the termination date.

4. E
xcept as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

I
N WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

A
TTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
AP

PROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO
City Attorney
B
y: ____________________________
Kyle Nellesen By:

Assistant City Attorney Title:

Tom Diebert

VP & CFO

City Council
8 –
4 2/4/2025

2707‐A Aurora Ct
Mariposa, CA 95338
Phone (209) 742‐4100

SERVICE AGREEMENT
USER

INFORMATION

USER NAME
City of Santa Ana
USER NAME – BILL TO
SAME

ADDRESS
20 Civic Center Plaza (M‐30)

ADDRESS
CITY
Santa Ana
STATE
CA
ZIP
92701

CITY STATE ZIP

PRIMARY CONTACT
Kelly Flores
PHONE #
(714) 647‐5346
AP CONTACT PO #
EMAIL
kflores@santa‐ana.org
FAX AP EMAIL AP PHONE #

SYSTEM INFO & FEATURES
System Cost per
System
Lobbyist E‐Filing & Admin system $9,500/year
First year prorated 11/20/24 – 7/31/25: $6,584
Start date: 11/20/2024
Annual pricing is good through 7/31/2027
Features of NetFile Systems
‐Hosted platform provided by NetFile ‐ Unlimited support and training to User ‐24/7/365 access ‐ Includes Training Tracking
‐Admin application to manage filers & filings ‐ Includes Communication (Comms) system ‐Interactive training to meet AB1234 guidelines ‐ E‐mail based support to filers

AUTHORIZATION
U S E R A G R E E S T O P A Y N E T F I L E F O R S E R V I C E S I D E N T I F I E D I N ACCORDA NCE W ITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

AGREEMENT TERM IS STARTING ON THE DATE IDENTIFIED ABOVE. YOU ACKNOWLEDGE RECEIPT AND AGREE TO THE TERMS AND CONDITIO N S OF THIS AGREEME N T AN D ACKNOWLEDGE THAT THE AGREEMENT IS NOT BINDING ON NETFILE UNTIL SIGNED BY BOTH PARTIES.

COMPANY
NetFile, Inc.

AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE

PRINT NAME PRINT NAME
Tom Diebert

TITLE TITLE
Vice President

DATE DATE
12/5/2024
Exhibit A-1 to Agreement
A-2022-154

City Council
8 –
5 2/4/2025

Public Works Agency
www.santa-ana.org/pw
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Fairview Street Improvement Project from 17th Street to Trask Avenue.

AGENDA TITLE
California Environmental Quality Act Environmental Determination for the Fairview Street Improvements Project from 17th Street to Trask Avenue (Project No. 23-6701)

RECOMMENDED ACTION
Approve the Environmental Determination for the Fairview Street Improvements Project from 17th Street to Trask Avenue as a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA). Categorical Exemption number ER-2025-4 was filed for this Project pursuant to California Code of Regulations Title 14, Section 15301(c).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
On November 19, 2024, City Council authorized City Staff to submit the Fiscal Year 2025-2026 Measure M2 Comprehensive Transportation Funding Program (CTFP) application for Arterial Capacity Enhancements (ACE) funding to the Orange County Transportation Authority (OCTA). The recommended project list included Fairview Street Improvements Project from 17th Street to Trask Avenue (Exhibits 1 & 2).

The OCTA approval of the CTFP application requires City Council approval of the CEQA environmental determination. Staff has determined that a Categorical Exemption is the applicable determination for this project. The proposed project is exempt from further environmental review under the requirements of CEQA because it falls under the list of classes of projects that have been determined not to have a significant effect on the environment and have been declared exempt by the Legislature in accordance with the CEQA Guidelines. Categorical Exemption number ER-2025-4 was filed for this Project (Exhibit 3).

Staff recommends the approval of the environmental determination for the Fairview Street Improvement Project from 17th Street to Trask Avenue as a Categorical Exemption pursuant to CEQA.

City Council
9 –
1 2/4/2025

Fairview Street Improvement Project from 17th Street to Trask Avenue February 4, 2025

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ENVIRONMENTAL IMPACT
A Categorical Exemption is applicable to this project because it involves minor alterations to an existing roadway. Based on the Analysis Supporting Categorical Exemption – Fairview Street Widening Project (Exhibit 4), unusual circumstances leading to potential significant environmental impacts would not occur. The proposed project is exempt from further environmental review under the requirements of CEQA because it falls under the list of classes of projects that have been determined not to have a significant effect on the environment and have been declared exempt by the Legislature in accordance with the CEQA Guidelines (Class 1 Exemption). Categorical Exemption number ER-2025-4 was filed for this Project. The exempt status is under California Code of Regulations Title 14, Section 15301(c) because it involves minor alterations to an existing roadway. Unusual circumstances leading to potential significant impacts would not occur and the Project falls under the list of classes that have been determined to not have significant effect on the environment.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Project Location Map

2. Resolution 2024-069

3. Notice of Exemption ER-2025-4

4. Analysis Supporting Categorical Exemption - Fairview Street Widening Project prepared by Ecorp, January 2025.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
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2 2/4/2025

PWA

SANTA ANA

PUBLIC WORKS AGENCY
from 17th St. to Trask Ave.

Fairview Street Improvements Project
Exhibit 1
Project Location
Legend

RANCHERO WY
SP
I
NN
A
K
E
R

S
T
J
E
T
T
Y

D
R
L
E
W
I
S

S
T
ALLEY
C
O
T
TE
R

S
T

MONICA LN (ANIS)
L
A
I
R
D

S
TALLEY

BOLIVAR CIR

ROBERTA CIR
L
E
W
I
S

S
T

MONICA LN
ALLEY

TRASK AV

CYNTHIA AV

LINNELL AV

MICHAEL AV

SALINAZ DR

CARDINAL AV

JAMES AV
ALLEY
R
O
B
YN

C
T

JETTY CIR
J
ET
T
Y

S
T
S
P
I
N
N
A
K
E
R

S
T

ROBERTA CIR

RANCHERO WY

STRAWBERRY LN

BLUEBERRY LN

BUENA WY

WOODBURY RD

AVALON AV

ANABEL AV

BUENA WY

STRAWBERRY LN

SYDNEY ST

AVALON AV

EDNA DR
L
E
W
I
S

S
T
L
E
W
I
S

S
T

JETTY ST

RANCHERO PL

LILLY STRANCHERO WY

BOLIVAR PL

HUCKLEBERRY RD
ALLEY

MONTE CARLO DR

LAIRD CIR
NA
N
C
Y

L
N
L
A
I
R
D

S
T
A
R
D
E
N

S
T
C
O
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S
T

HUCKLEBERRY RD
L
A
I
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D

S
T

MAR LES LN
M
A
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LE
S

D
R

PARK GLEN RD

PARK GLEN RD

PARK GLEN CIR
B
R
O
C
K

L
N

SHEARER LN

WICKHAM PL
K
I
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S
T
15TH ST
17TH STWESTMINSTER AV (17TH ST)

FAIRVIEW ST
17TH ST

TRASK AV

BUENA ST
16TH ST
M
I
NN
I
E

FAIRVIEW ST

FAIRVIEW ST

FAIRVIEW ST

FAIRVIEW ST

TRASK AV
EXHIBIT 1

City Council
9 –
3 2/4/2025

RESOLUTION NO. 2024- 069

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING THE SUBMITTAL OF

IMPROVEMENT PROJECTS TO THE ORANGE COUNTY

TRANSPORTATION AUTHORITY FOR FUNDING UNDER

THE COMPREHENSIVE TRANSPORTATION PROGRAM

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. The City of Santa Ana desires to implement the transportation improvements listed below.

B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 Fair Share" funds.

C. The City of Santa Ana's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways.

D. The City of Santa Ana will not use Measure M2 funds to supplant Developer Fees or other commitments.

E. The City of Santa Ana must include all projects funded by M2 Net Revenues in its seven- year Capital Improvement Program, as part of the Measure M2 Ordinance eligibility requirements.

F. The City of Santa Ana will provide a minimum of 25% matching funds for the Project O projects as required by the Orange County Comprehensive Transportation Funding Programs Guidelines.

G. The Orange County Transportation Authority intends to allocate funds for transportation improvement projects, if approved, within the incorporated cities and the County.

H. The City of Santa Ana authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for Measure M2 funding Resolution No. 2024- 069

EXHIBIT 2

City Council
9 –
4 2/4/2025

upon approval from the Orange County Transportation Authority Board of Directors, if necessary.

Section 2. The City Council of the City of Santa Ana hereby approvesthe formalsubmissionsofthe projectsdescribedbelowto the OrangeCountyTransportation AuthorityforfundingundertheOCTA'sComprehensiveTransportationFundingProgram and requests that the OCTA allocate funds in the amounts specified in the City of Santa Ana' s submissions. Said funds shall be matched by funds from the City of Santa Ana as required and shall be used as supplemental funding to aid the City of Santa Ana in the improvement of the following street( s). "ACE" shall mean Arterial Capacity Enhancement and " ICE" shall mean Intersection Capacity Enhancements.

PROJECT PROGRAM FY
Fairview Street Widening (17thto Trask Avenue) ACE 25/ 26 Section 3. The City Councilof the City of SantaAna appointsthe City Manager, or the Executive Director of the Public Works Agency or his or her designee, as agent for theCityof SantaAnatoconductallnegotiations, andexecuteandsubmitalldocuments, includingbut not limitedto applications, agreements, amendments, paymentrequests andso on, whichmaybe necessaryfor allocationof the requestedfundsto SantaAna.

Section 4. This Resolution shall take effect immediately upon its adoption by the CityCouncil, andtheCityClerkshallattesttoandcertifythevoteadoptingthisResolution.

ADOPTED this 19thday of November. 2024.

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
z
By: d"',
i
Kyle Nellesen
Assistant City Attorney
Resolution No. 2024- 069

City Council
9 –
5 2/4/2025

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers
Amezcua, Bacerra, Hernandez, Lopez,
Penaloza, . Phan, Vazquez ( 7)
None l0
None
one

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-069 to be the original Resolution adopted by the City Council of the City of Santa Ana on November 19, 2024,
Date:

Resolution No. 2024- 069

City Council
9 –
6 2/4/2025

EXHIBIT 3

City Council
9 –
7 2/4/2025

City Council
9 –
8 2/4/2025

City Council
9 –
9 2/4/2025

Public Works Agency
www.santa-ana.org/public-works
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Ford F-550 Stakebed Truck

AGENDA TITLE
Purchase Order to Western Truck Exchange for One Ford F-550 Stakebed Truck (Specification No. 24-143) (Non-General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of a purchase order to Western Truck Exchange for one, new/unused 2024 Ford F-550 Stakebed Truck in an amount of $127,818 plus a contingency amount of $5,000, for a total amount not to exceed $132,818.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s (PWA) Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services Team maintains an equipment replacement schedule and works with multiple departments to routinely replace vehicles that have surpassed their useful life cycle.

The PWA Maintenance Services Division currently utilizes a 2014 Ford F-550 Stakebed Truck for various daily field operations, including hauling and moving heavy equipment and objects such as, tree trunks, debris, and rubbish. The vehicle is heavily utilized when responding to homeless-related requests for services to locations with challenging terrain requiring earth/soil clearing, including the Santiago Creek. Additionally, the truck is essential for the City’s emergency response to rain and windstorm related debris and after hours emergency service calls. The existing truck was evaluated in accordance with the City’s Equipment Replacement Policy and deemed to have reached its useful life cycle.

Invitation for Bids (IFB) No. 24-143 was issued on December 5, 2024, on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:

City Council
10 –
1 2/4/2025

Ford F-550 Stakebed Truck
February 4, 2025

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0 6
77 Vendors notified
10 Santa Ana vendors notified
16 Vendors downloaded the bid packet
4 Bids received
0 Bids received from Santa Ana vendors
Bids were solicited and opened on December 17, 2024, and subsequently evaluated (Exhibit 1). Four bids were submitted by the IFB deadline, and three were determined to be responsive to the specifications and met the City’s requirements. The bid submitted by Fritts Ford was deemed non-responsive as it did not meet the requirements of the IFB. The bid submitted by Western Truck Exchange was determined to be the lowest, responsible, and responsive to the City’s specifications. Staff recommends approving a purchase order to Western Truck Exchange for one new/unused 2024 Ford F-550 Stakebed Truck.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Funds are budgeted and available in the following account for Fiscal Year 2024-25:

Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
2024-25 07017100-66400 Equipment
Replacement
Equipment
Replacement, Machinery
& Equipment
132,818
TOTAL $132,818

EXHIBIT(S)

1. Bid Abstract
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
10 –
2 2/4/2025

BIDDER LOCATION TOTAL
Western Truck Exchange Los Angeles, CA 127,818$
Transwest Truck Center Fontana, CA 132,595$
BP Ford of Long Beach Long Beach, CA 139,101$
Ford F-550 Stakebed Truck (Bid No. 24-143 REBID)

ABSTRACT OF BIDS
Exhibit 1

City Council
10 –
3 2/4/2025

Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Agreement Amendment for Bus Shelter Advertising and Maintenance

AGENDA TITLE
First Amendment to Agreement with Focus Media Group, Inc., for the Placing of Advertisements and Maintenance of Bus Shelters

RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to agreement with Focus Media Group, Inc., for the placing of advertisements and maintenance of bus shelters (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes.

DISCUSSION
On January 18, 2022, the City Council awarded an agreement to Focus Media Group, Inc. (FMG) for bus shelter advertising and maintenance services. The agreement allows FMG to sell advertisements on City-owned bus shelters throughout the City while sharing advertising revenue with the City and performing routine bus stop maintainance, includingtrash removal and the cleaning of bus stop amenities. To ensure FMG does not display advertisements that contain unacceptable content (lewd, profane, obsence, or indecent material), a comprehensive list of prohibitions and restrictions was included in the agreement.

Recently, staff identified that certain provisions within the restrictions in the agreement may be overly vague or otherwise untenable in practice. To avoid potential legal conflicts and still ensure public decency of advertisements on City owned bus shelters, staff recommends amending the existing agreement (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. Amendment to Agreement with Focus Media Group, Inc.

City Council
11 –
1 2/4/2025

Agreement Amendment to Bus Shelter Advertisments and Maintenance February 4, 2025

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Submitted By: Nabil Saba, P. E. Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
11 –
2 2/4/2025

FIRST AMENDMENT TO AGREEMENT WITH FOCUS MEDIA GROUP, INC. FOR

THE INSTALLATION, MAINTENANCE, REPAIR AND ADVERTISING OF BUS

SHELTERS, BUS BENCHES AND KIOSKS
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on February 4, 2025, by and between Focus Media Group, Inc. (“Company”) 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
On January 18, 2022, the Parties entered into Agreement #A-2022-010, by which Company agreed to provide services related to selling advertising through out-of-home media assets – specifically, street furniture, and the installation, maintenance, janitorial services and operation of advertising-supported bus shelters, bus benches and kiosks. The Agreement is act
ive and has a ten-year initial term.

Certain
of the Agreement discuss the content of advertisements an d procedures under which such content may be restricted. It has come to the Parties’ attention that of these policies may be overly vague or otherwise untenable in practice.

The Parties now wish to amend the Agreement to clarify the scope and procedure of the “unacceptable content” policies contained therein. No other changes are contemplated by this First Amendment.

The Parties therefore agree:

1. Exhibit “A”, subsection “Advertising Standards” is hereby amended, and replaced with the following:

Advertising Standards
a. Bus shelter advertising shall be limited to one two-sided, back-to -back, backlit ad panel per shelter. Alternative advertising panel designs as required on a site by-site basis will require prior approval by the City. Any proposed advertising to be located on the shelter ad panels shall not:

1. Display the words "STOP", "DRIVE-IN", "DANGER", or any other word, phrase, symbol or character which may interfere with, mislead, confuse, or direct vehicular traffic.

2. Be comprised of rotating, revolving, or flashing lighting devises.

3. Promotes alcohol, cannabis and/or tobacco products of any kind within 1,000 feet of any school.

4. Contains “off-site business identification signs.” For the purpose of this Agreement, "off-site identification signs" are defined as ad panels that give specific direction to an advertiser's place of business other than the site's EXHIBIT 1

City Council
11 –
3 2/4/2025

address.
b. Company shall not accept ads or run ads in the Advertising Inventory with content that is deemed unacceptable by the City in accordance with Exhibit D. c. The City may make a demand to Company for the removal of any advertisement, commercial or noncommercial, which does not conform to this policy. Such demand shall be in writing and shall state the reasonable grounds for the demand. Company agrees to remove said advertising within twenty-hour (24) hours of demand by the City.

2. Exhibit “D” is hereby amended, and replaced with the following:

UNACCEPTABLE CONTENT
Company shall not accept or run advertising on the Advertising Inventory that contains Unacceptable Content, as determined by the City. Unacceptable Content includes but is not limited to the following:
• Is lewd, profane, obscene, or indecent, as defined generally under California Penal Code sections 311 and 313, including any content that is violent or pornographic, explicit violent or sexual material, or depictions of violent or sexual acts; • Contains gruesome, graphic, or disgusting accounts or imagery; • Promotes the sale of products that are designed to explode and could cause damage to nearby people or property;
• Promotes the sale of firearms or sporting or recreational guns that can cause serious harm if misused, or that appear to be real guns;
• Promotes the sale of other weapons that are designed or promoted as products that can be used to injure an opponent in sport, self-defense, or combat; • Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental rule or guidance;
• Offers or disseminates any fraudulent goods, services, schemes or promotions; • Demeaning or disparaging matter - Contains images, copy or concepts that actively denigrate, demean or disparage any individual or group; • Promotes the sale and use of tobacco and tobacco-related products. Tobacco means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and (2) any electronic device that delivers nicotine or other substances to the Person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah;

City Council
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4 2/4/2025

• Promotes the sale and use of cannabis or cannabis product, medicinal/medical cannabis, or commercial cannabis activity and business as defined in Santa Ana Municipal Code Section 40-2;
• Promotes products or services marketed as facilitating recreational drug use; • Is libelous, defamatory, knowingly false or misrepresented an individual, company or entity;
• Infringes upon the intellectual property rights of any third party, including copyrights, trademarks, trade names, trade secrets, or patents of such third party; • Unsafe transit behavior – Contains images, copy or concepts that depict unsafe behaviors aboard buses or trains, or in or around transit stations or railroad tracks.

3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[signature page to follow]

City Council
11 –
5 2/4/2025

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ JENNIFER L. HALL ALVARO NUNEZ
City Clerk City Manager

APPROVED AS TO FORM MEDIA
Sonia R. Carvalho
City Attorney
By: ___________________________ _______________________________

KYLE NELLESEN
Assistant City Attorney
LI
resident

RECOMMENDED FOR APPROVAL
________________________________

NABIL SABA
Executive Director
Public Works Agency
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2025.01.22 14:21:04
-08'00'

City Council
11 –
6 2/4/2025

Public Works Agency
www.santa-ana.org/public-works
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Agreement Amendment for the Provision of Digital Billboards and Digital Banners on City Owned Properties

AGENDA TITLE
First Amendment to Agreement with Outfront Media LLC for the Provision of Digital Billboards and Digital Banners on City Owned Properties (No Fiscal Impact)

RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to an agreement with Outfront Media LLC, for the provision of Digital Billboards and Digital Banners on City owned properties amending the termination clause (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On April 19, 2022, City Council approved an agreement with Outfront Media, LLC (Outfront) for the design and construction of digital billboards and -banners on City- owned properties. The agreement allows Outfront to design, construct, maintain, and operate digital billboards and banners on freeway adjacent City-ownedproperties, and share advertising revenue for a 25-year period beginning on April 19, 2022, and ending April 18, 2047, with an option to extend for a period of ten-years.

To ensure timely installation of the digital billboards, the agreement includes a termination clause that allows the City to terminate the agreement if Outfont fails to construct and operate at least one digital billboard within three years of agreement execution. While staff has been working with Outfront to identify appropriate locations for digital billboards and obtain the necessary permits from CalTrans for construction, no such approvals have been obtained and no billboards have been constructed. Staff continues to work diligently with Outfront and have identified a site and strategy for obtaining regulatory approvals such that a revenue generating billboard can be installed within the next two years.

Staff recommends approval of the the proposed amendment (Exhibit 1) which modifies the termination clause to extend the time period from three to five years, effectively providing two additional years for Outfront to install the first revenue-generating billboard.

City Council
12 –
1 2/4/2025

Agreement Amendment for the Provision of Digital Billboards and Digital Banners on City Owned Properties
February 4, 2025

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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. Amendment to Agreement with Outfront Media LLC
Submitted By: Nabil Saba, P. E. Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
12 –
2 2/4/2025

FIRST AMENDMENT TO AGREEMENT WITH OUTFRONT MEDIA

FOR THE PROVISION OF DIGITAL BILLBOARDS AND DIGITAL BANNERS THIS FIRST AMENDMENT to the above-r eferenced agreement is entered into on February 4, 2025, by and between OUTFRONT Media LLC (“Company”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On April 19, 2022, the Parties entered into Agreement #A-2022-059, by which Company agreed to provide services related to selling advertising through out-of-home media assets – specifically, the development, maintenance and operation of advertising-supported digital billboards and digital banners. The Agreement runs for an initial term of twenty- five (25) years and is current and in-effect.

B. Company and City have been working cooperatively since the Effective Date of the above- noted Agreement to pursue the construction and operation of the Advertising Site(s) referenced therein. Through no fault of Company, or the City, certain challenges have been encountered which have extended the anticipated time required to develop the Advertising Site(s) as provided in the Agreement.

C. The parties now wish to amend the Termination section in the Agreement to increase the amount of years required to develop the Advertising Site(s) as provided in the Agreement.

No other changes are contemplated by this First Amendment.

The Parties therefore agree:

1. Section 18.a.4, Termination, is hereby amended, and replaced with the following:

The failure of the Company to meet the intended objective of this Agreement in constructing and operating at least one Advertising Site within five (5) years from the Effective Date.

2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[signature page to follow]
EXHIBIT 1

City Council
12 –
3 2/4/2025

ATTEST
_______________________________
JENNIFER L. HALL
City Clerk

APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By: ___________________________

KYLE NELLESEN
Assistant City Attorney

CITY OF SANTA ANA
______________________________

ALVARO NUNEZ
City Manager

OUTFRONT MEDIA LLC
_______________________________
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6eQLRr Vice President, +eaG RI $VVeW
Development

RECOMMENDED FOR APPROVAL
________________________________

NABIL SABA
Executive Director
Public Works Agency
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2025.01.16
11:51:12 -08'00'

City Council
12 –
4 2/4/2025

Public Works Agency
www.santa-ana.org/public-works
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Agreement Amendments for On-Call Construction Management and Inspection Services

AGENDA TITLE
Amendments to Agreements with AKM Consulting Engineers, Anser Advisory Management, LLC, Ardurra Group, Inc., Cannon, and Willdan Engineering for On-Call Construction Management and Inspection Services

RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the standard agreements with AKM Consulting Engineers, Anser Advisory Management, LLC, Ardurra Group, Inc., Cannon, and Willdan Engineering to provide on-call construction management and inspection services and increase the contract amount by $3,000,000 for a total amount not to exceed $6,000,000, for the remaining term (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On July 18, 2023, the Public Works Agency (PWA) released Request for Proposals (RFP) No. 23-122 to select five consultants to provide on-call construction management and inspection services on an as-needed or on-call basis for the City of Santa Ana’s PWA Construction Services Section. These contracts are a critical resource for managing fluctuating workloads and varying demands for inspection and contract management services across the City. The variable nature of construction projects often results in periods of high activity that require additional staffing, including inspectors and project managers. Utilizing on-call contractors allows the City to bring in skilled personnel on an as-needed basis to address workload surges. This flexible service delivery model ensures that we are able to meet increased demands.

By utilizing these contracts, staff can better control costs while maintaining the quality and efficiency of their work during periods of high demand, ultimately benefitting both the City’s budget and the timely completion of essential projects. Staff recommends the approval of this first amendment to increase the shared total aggregate amount of the agreement to $6,000,000 for the remainder of the contract term (Exhibit 1-5).

City Council
13 –
1 2/4/2025

Agreement Amendment for On-Call Construction Management and Inspection Services February 4, 2025

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ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
There is no fiscal impact at this time. Before utilizing on-call services, Public Works Agency (PWA) staff must obtain approval from the Finance and Management Services Agency (FMSA) by submitting a Notice to Proceed Request. This request must specify the funding source and the required dollar amount. FMSA will verify that the necessary funds are encumbered and available within the authorization and aggregate limits of these agreements. Once approved, PWA will issue a Notice to Proceed detailing the specific scope and maximum expenditure for the task.

EXHIBIT(S)

1. Amendment to Agreement with AKM Consulting Engineers

2. Amendment to Agreement with Anser Advisory Management, LLC

3. Amendment to Agreement with Ardurra Group, Inc.

4. Amendment to Agreement with Cannon

5. Amendment to Agreement with Willdan Engineering
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

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2 2/4/2025

EXHIBIT 1

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EXHIBIT 2

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EXHIBIT 3

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EXHIBIT 4

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9 2/4/2025

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EXHIBIT 5

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11 2/4/2025

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Police Department
www.santa-ana.org/pd
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Urban Area Security Initiative Grant Training Agreement

AGENDA TITLE
Agreement with Elite Command Training to Provide Training Services for the Urban Area Security Initiative Grant Program FY2021 - FY2025 (Specification No. 24-131A) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a three-year agreement, with two, one-year renewal options, with Elite Command Training to provide on-going training deliverables to the Anaheim/Santa Ana Urban Area on an as-needed basis, for the period of February 4, 2025 through February 3, 2028 in an aggregate amount not to exceed $498,672 (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) grant funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high-threat, high-density urban areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate, and recover from acts of terrorism. The grant specifically provides funding for anti- terrorism equipment, planning, training, exercises, and technical assistance. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary for the region and manages projects, which includes providing training and procuring equipment utilized by the 34 jurisdictions in Orange County.

In an effort to address the unique needs of a high-density, high-threat urban area, the Anaheim/ Santa Ana Urban Area (ASAUA) allocates a set percentage of its annual grant allocation to fund training for the Orange County region. With program management from the Santa Ana Police Department Homeland Security Division, the

City Council
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1 2/4/2025

Urban Area Security Initiative Grant Training Agreement February 4, 2025

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ASAUA Homeland Security Regional Training Program is designed to provide the ASAUA multi-disciplinary stakeholders with regional training necessary to meet the goals and objectives set forth in the ASAUA's homeland security strategy and target capabilities identified in the Threat and Hazard Identification and Risk Assessment (THIRA). The goal of these agreements is to enhance the capabilities of the current program by providing access to a wide range of multi-disciplinary training in support of a comprehensive and regional approach.

On November 5, 2024, the Police Department issued Request for Proposal (RFP #24- 131A) on the City’s online bid management and publication system to identify and qualify suitable vendors capable of delivering a broad choice of homeland security related training courses taught by subject matter experts and/or recognized professionals in the field of fire. Additionally, the RFP sought to identify and qualify suitable vendors who are capable of developing and delivering a broad range of homeland security related trainings.

A summary of the proposals and offers received is as follows:

575 Vendors were notified
1 Santa Ana vendor notified
23 Vendors downloaded the RFP
4 Proposals received
0 Proposals received from a Santa Ana vendor
Proposals were opened on November 21, 2024 and evaluated. An evaluation team reviewed and rated all proposals received to determine if necessary qualifications were met. The proposals were evaluated and scored according to criteria identified within the RFP, including Responsiveness to RFP (15%), Experience of Firm and Personnel (50%), Reasonableness of Cost (25%), and References (10%).

Of the four (4) proposals received, all four (4) were determined to be responsive and qualified based on their response to the specifications and requirements identified by the City. After the evaluation process, the Santa Ana Police Department Homeland Security Division selected Elite Command Training to provide training courses on an as- needed basis.

The addition of Elite Command Training will support the Homeland Security Training Program to enhance capabilities across multiple disciplines and jurisdictions. Elite Command Training will provide Federal Emergency Management Agency L-series All Hazards courses at $62,334 per offering in the total amount not to exceed $498,672 over the course of grant years FY 2021, FY 2022, and FY 2023. If the agreement is extended by using one of both of the one-year options, then FY 2024 and FY 2025 grant funds will be included under the same “not to exceed” amount.

City Council
14 –
2 2/4/2025

Urban Area Security Initiative Grant Training Agreement February 4, 2025

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ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding is available in the FY 24-25 budget and funding for subsequent fiscal years will be included in the proposed budgets and carryovers for City Council consideration as follows:

Fiscal
Year
Accounting Unit –
Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
FY 24-25 12514407-62300 OES UASI
UASI Santa Ana,
Contract Services-
Professional
$62,334
The account number may change in the future to no. 12514491-62300, depending upon which UASI grant FY funds are used for these specific training projects. The remaining $436,338 of the agreement may be expended in any future fiscal year and is subject to future grant approval.

EXHIBIT(S)

1. Agreement with Elite Command Training
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager

City Council
14 –
3 2/4/2025

AGREEMENT WITH ELITE COMMAND TRAINING AND THE CITY OF SANTA

ANA TO PROVIDE L-SERIES TRAINING COURSES
THIS AGREEMENT is made and entered into on this 4th day of February, 2025 by and between Elite Command Training, a Washington Corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On November 5, 2024, the City of Santa Ana issued Request for Proposals No. 24 -131A to identify qualified contractors capable of delivering homeland security related training courses taught by subject matter experts or recognized professionals who to develop and deliver a broad range of homeland security related exercises.

B. The courses support the Anaheim/Santa Ana Urban Area (“ASAUA”) Homeland Security Regional Training and Exercise Program and are funded by a grant awarded to the City by the Homeland Securi ty’s Urban Areas Security Initiative, (“UASI”) administered by SAPD.

D Contractor submitted a responsive proposal to the RFP and was selected by the City. I n undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services provided in the RFP and attached hereto as Exhibit A. Contractor’s proposals are incorporated by reference as though fully set forth herein. In the performance of all services, Contractor shall comply and provide the required training/classes as set forth in Cost Proposal/Class List - Exhibit B, attached hereto.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Cost Proposal/Class List - Exhibit B. Any compensation payable to Contractor shall be paid from a portion of the above - referenced UASI grant awarded to the City. The cost per training series is $62,334. The cost for eight (8) training series and the total amount to be expended during the term of this Agreement shall not exceed $498,672.

EXHIBIT 1

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b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on February 4, 2025 for an initial three (3) year term with the option for the City to grant up to two (2), one (1) year renewal options, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below.

4. PREVAILING WAGES

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and th e performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,0 00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR

Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS

This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of

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authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Document s and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE

Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.

3. Workers’ Compensation (W/C): as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Contractor has no employees and signs request to waive such insurance.

4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.

If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:

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1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor’s CGL, PL, and AL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. Contractor and it’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the CGL, AL, PL, and W/C policies, arising from work performed by Contractor under this Agreement.

3. For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: City Attorney’s Office, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.

Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them.

City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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8. INDEMNIFICATION

Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent r equired by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION

Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

10. RECORDS

Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accu rate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

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11. CONFIDENTIALITY

If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information e xcept in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the ot her party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

12. CERTIFICATIONS

The funds used to pay for this Agreement will be partly comprised of federal grant funds.

Contractor agrees and understands that it will comply with the terms of the Certifications attached hereto as Attachments A-H, incorporated by reference into this Agreement. Contractor shall keep itself informed of all City, State and Federal laws and regulations which may, in any manner, affect the performance of it services pursuant to this Agreement. Contractor shall at all t imes, observe and comply with all such laws and regulations. City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

13. CONFLICT OF INTEREST CLAUSE

1. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate fami ly, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the recipient or subrecipient may set standards for situations where the financial interest is not substantial or a gift is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members.

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2. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organ izational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

14. NON-DISCRIMINATION

Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

15. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

16. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.

17. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to recei pt of such notice of termination, subject to the following conditions:

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a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

18. WAIVER

No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

19. JURISDICTION - VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the la ws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

20. PROFESSIONAL LICENSES

Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

21. FEDERAL REGULATIONS

Elite Command Training shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Part 200, whether or not expressly set forth in this document, including but not limited to those provisions set forth below. Notwithstanding, anything to the contrary herein, including without limitation , the language in this Agreement, the actual language contain ed in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement. Elite Command Training shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the federal terms and conditions.

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a. Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 180 of the Code of Federal Regulations.

b. Debarment and Su spension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.

c. Audit Records – With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Reports – Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies.

e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) – All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereb y gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.

f. Americans with Disabilities Act of 1990 – (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.

g. Political Activity – None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".

h. No Lobbying – Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay an y person to influence, or attempt to influence an officer or employee of any agency, a Member of

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Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

i. Non-Discrimination and Equal Opportunity – Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrati ve agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Equal Employment Opportunity – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Emplo yment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.

k. Public Contracts Code – Recipient will comply, and all its contractors (or subrecipi ents) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

l. Copeland “Anti -Kickback” Act – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.

m. David-Bacon Act – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141 -3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

n. Work Hours and Safety – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

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o. Clean Air Act –

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The con tractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

p. Energy and Conservation – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

q. Waste Disposal – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the S olid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.

r. Patent Rights – Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.

s. Copyright – Recipient may copyright any books, publications or other copyrightab le materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and

irrevocable license to reproduce, publish or otherwise use, and t o authorize others to use, for federal government, SAA and/or City purpose:

(1) the copyright in any work developed through this Agreement; and

(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.

t. Equal Employment in Construction Contracts – Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60 -1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor

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will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspi cuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all p rovisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

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(8) The contractor will include the portion of the sentence immedia tely preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of Septe mber 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

u. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidanc e 2 CFR §200.216. Recipient will comply with FEMA Policy 405 -143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending l oan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or ser vices as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment:

(1) Telecommunications equipment produced by Huawei Techn ologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services produced by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably b elieves to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

v. Domestic Preferences for Procurements/Subcontracts – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322.

Recipient shall comply with the federal and recipient standards in the award of any subcontracts.

For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

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Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreeme nt and their respective Subcontractor Agreement.

(1) Recovered Materials

Recipient shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements

Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Manufactured products mean items an d construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

w. Termination for Cause and Convenience – Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rig hts under state and federal law.

x. Contractual/Legal Remedies for Breach of Contract – Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, conditi on or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect.

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22. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic commun ication in the manner provided in this Section, to the following persons:

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956

With courtesy copies to:

Chief of Police
City of Santa Ana
20 Civic Center Plaza (M-96)
P.O. Box 1988
Santa Ana, California 92702

To Contractor:

Elite Command Training
12522 North Nine Mile Falls Road, Suite 355
Nine Mile Falls, WA 99026

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and

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CITY OF SANTA ANA
Co
ntractor shall perform services as set forth below.

I. REQUIREMENTS
A
. The specific requirements of this RFP have been listed in Section II.

II. TRAINING COURSE(S)
A
. ASAUA requires seminars, training courses in the following specific training course disciplines:
i. L-954 All Hazards Safety Officer,
ii. L-956 All Hazards Liaison Officer,
iii. L-964 All Hazards Situation Unit Leader,
iv. L-965 All Hazards Resources Unit Leader
v. L-970 All Hazards Supply Unit Leader,
vi. L-971 All Hazards Facilities Unit Leader, and
III. MINIMUM REQUIREMENTS
A
. The awarded Contractor must be able to provide all six (6) training courses as listed in Section II.

B. Availability to conduct up to a total of eight (8) deliveries of each of the training courses by the end of the term of the contract.

C. The first training must be conducted no later than Janurary, 2025.

D.

Course Name & Description:
i. L-954 All Hazards Safety Officer

1. Course Overview: The objective of this professional development course is to offer federal, state, and local-level emergency responders a comprehensive overview of the key duties and responsibilities of a Safety Officer within a Type III All- Hazards Incident Management Team (AHIMT).
ii. L-956 All Hazards Liason Officer

1. Course Overview: This course equips local and state-level emergency responders with a comprehensive understanding of the duties, responsibilities, and capabilities of an effective Liaison Officer on an All-Hazards Incident Management Team (AHIMT). It is an instructor-led training that fosters learning through discussion, lectures, and active participation in multiple exercises, providing a realistic, scenario-driven approach to mastering the skills required of a Liaison Officer.

EXHIBIT I

SCOPE OF SERVICES
City of Santa Ana
RFP 24-131A

EXHIBIT A

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Exercises, simulations, discussions, and a final exam enable participants to process and apply their newfound knowledge.

iii. L-964 All Hazards Situation Unit

1. Course Overview: This course equips participants with the core competencies essential for performing the duties of the Situation Unit Leader (SITL) in an all- hazards incident. It covers all responsibilities expected of an SITL within a local or state-level All-Hazards Incident Management Team (AHIMT), including processing information and intelligence and developing displays. The course is instructor-led, promoting learning through discussion, lectures, and active participation in multiple exercises. By requiring participants to bring an SITL Kit to the training, it offers a realistic, hands-on approach to mastering the skills of an SITL.

iv. L-965 All Hazards Resource Unit Leader

1. Course Overview: The objective of this professional development course is to offer federal, state, and local-level emergency responders a comprehensive overview of the key duties and responsibilities of a Safety Officer within a Type III All- Hazards Incident Management Team (AHIMT).

v. L-970: All Hazards Supply Unit Leader

1. Course Overview: The objective of this professional development course is to offer federal, state, and local-level emergency responders a comprehensive overview of the key duties and responsibilities of a Unit Leader within a Type III All-Hazards Incident Management Team (AHIMT).

vi. L-971: All Hazards Facilities Unit Leader

1. Courses Overview: The objective of this professional development course is to offer federal, state, and local-level emergency responders a comprehensive overview of the key duties and responsibilities of a Facilities Unit Leader within a Type III All-Hazards Incident Management Team (AHIMT).

vii. Number of Deliveries Being Requested: Up to eight (8) for each training course

viii. Number of Students per Delivery: Minimum of 20 students

E. Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area:

i. Classroom with space to arrange students in groups
ii. Audio/Visual Equipment
iii. Multiple easels, dry erase board, and markers

F. Responsibilities of the Training Provider:

i. Laptop
ii. Presentation & training aids
iii. Professional instruction

G. Notice to Respondends:

i. All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order.

Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

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RFP 24-131A

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ii. Contractor shall conduct training courses at various locations/venues within the ASAUA.

iii. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants.

iv. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal.

v. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at:
http://www.caloes.ca.gov/cal-oes-divisions/california-specialized-training-institute and the DHS website at: https://www.fema.gov/training for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.

vi. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum

vii. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request

viii. City reserves the right to cancel training courses with fourteen (14) calendar days’ notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period.

ix. City reserves the right to cancel training courses with fourteen (14) calendar days’ notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period.

x. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses.

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xi. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems.

xii. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints.

xiii. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/10 break ratio – for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum.

xiv. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.

xv. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.

xvi. The anticipated start date of this agreement is January, 2025. Usage under this agreement will begin at this time.

xvii. Depending on the training or exercise, Contractor’s instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals.

xviii. A list of “approved” courses is available from Cal OES at www.caloes.ca.gov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.gov/training

xix. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost.

xx. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue.

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RFP 24-131A

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xxi. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.

xxii. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.

xxiii. Contractor may not charge the City for materials brought to the class that are not utilized.

xxiv. Proposers may be selected to provide training based on their expertise within a specific discipline:

1. L-954 All Hazards Safety Officer, L-956 All Hazards Liaison Officer, L-970 All Hazards Supply Unit Leader, L-964 All Hazards Situation Unit Leader, L-971 All Hazards Facilities Unit Leader, L-965 All Hazards Resources Unit Leader.

xxv. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee.

xxvi. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval.

The City shall not be billed for any costs associated with obtaining these approvals.

IV. DELIVERABLES / REPORTS FOR TRAINING COURSES

A. Course Surveys / Evaluations

i. Course surveys/evaluations results will be tabulated and scored by Contractor.

Summary of the results will be provided to the ASAUA Training & Exercise Program Manager.

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RFP 24-131A

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ii. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course.

B. Contractor must provide course flyers for all training courses to be delivered at its cost.

C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign-in sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign-in sheets.

D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students.

V. QUANTITIES FOR TRAINING COURSES

A. Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

VI. PRICING FOR TRAINING COURSES

A. Proposer must include pricing for each individual training course series when submitting the Cost Proposal.

B. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City.

C. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included.

D. All prices quoted shall be in United States dollars and “whole cent,” no cent fractions shall be used. There are no exceptions.

E. Pricing shall include any and all payment incentives available to the City.

F. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.

G. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages.

VII. AWARD FOR TRAINING COURSES

A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in City of Santa Ana
RFP 24-131A

City Council
14 –
25 2/4/2025

CITY OF SANTA ANA

their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City.

B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.

C. The City has the right to decline to award an agreement or any part thereof for any reason.

D. City Council approval to award an Agreement pursuant to this RFP will be required.

E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval.

F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP.

VIII. INVOICING FOR TRAINING COURSES

A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services.

B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services.

C. Invoices shall be emailed to:

Sgt. Garry Couso
Santa Ana Police Department
Email: [email protected]

D. City shall notify Proposer of any adjustments required to invoices.

E. Invoices shall include, at minimum:
i. City PO Number (If applicable)
ii. Invoice number
iii. Agreement number
iv. Remit to address
v. Itemized services
vi. Course description
vii. Pricing as per agreement
viii. Instructor name
ix. Number of participants
x. Course date(s), and
xi. Shall be accompanied by acceptable proof of delivery

F. Proposer shall utilize standardized invoices upon request.

City of Santa Ana
RFP 24-131A

City Council
14 –
26 2/4/2025

CITY OF SANTA ANA

IX. ACCOUNT MANAGER/SUPPORT STAFF FOR TRAINING COURSES

A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the City’s account / agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer’s response to this RFP and any agreement which may arise pursuant to this RFP.

B. Proposer shall also provide adequate, competent support staff that shall be able to service the City during the working hours of 7:00AM – 5:00PM PST, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems.

C. Contractor’s Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to.

D. Contractor’s Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments.

City of Santa Ana
RFP 24-131A

City Council
14 –
27 2/4/2025

EXHIBIT B

City Council
14 –
28 2/4/2025

CITY OF SANTA ANA
Ce
rtification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS

__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________

CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City of Santa Ana
RFP 24-131A

Elite Command Training Corp
626-290-6007
12522 N Nine Mile Falls Road #355, Nine Mile Falls, WA 99026 Michael Bryant
Operations Manager
Nov 15, 2024
[email protected]
45-2450884

City Council
14 –
29 2/4/2025

CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:

TH
IS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT B

REFERENCES
City of Santa Ana
RFP 24-131A

San Francisco Fire Dept
Shayne Kaialoa Deputy Chief
2310 Folsom Street
415-970-2000
San Francisco, CA 94110
Shayne Kaialoa Deputy Chief
$35,000
2018/19/20/22
North Net Training Facility Anaheim
Facility Administrator Tracy McClellan
[email protected]
San Diego Fire & Rescue
Deputy Chief Willy Melendez
2580 Kincaid Road
619-909-4180
San Diego, CA 92101
[email protected]
$32,000
2018/19/20/22
714-978-7304
1320 N Eastern Avenue East
Los Angeles, CA 90063
$40,000
2018/19/20/22
Training for fire & law enforcement personnel , FEMA Command & General Staff courses Training for fire & law enforcement personnel , FEMA Command & General Staff courses Training for fire, law, EOC, and City of Anaheim/Orange/Fullerton personnel

City Council
14 –
30 2/4/2025

CITY OF SANTA ANA
P
roposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.

Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.

Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.

Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________

Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT C
PROPOSER’S STATEMENT
City of Santa Ana
RFP 24-131A

Elite Command Training Corp
Operations Manager
November 15, 2024

City Council
14 –
31 2/4/2025

City Council
14 –
32 2/4/2025

CITY OF SANTA ANA
T
he prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

T
HIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT E

NON-LOBBYING CERTIFICATION
City of Santa Ana
RFP 24-131A

Operations Manager
Elite Command Training Corp
November 15, 2024

City Council
14 –
33 2/4/2025

CITY OF SANTA ANA
T
he undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
City of Santa Ana
RFP 24-131A

City Council
14 –
34 2/4/2025

CITY OF SANTA ANA
or
purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

T
HIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City of Santa Ana
RFP 24-131A

Operations Manager
Elite Command Training Corp
November 15, 2024

City Council
14 –
35 2/4/2025

CITY OF SANTA ANA
On
April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.

Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.

They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government.

This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and active registration status.

Proposer’s UEI:_______________________________________________ SAM.gov Registration Expiration Date:_____________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT G
SAM.GOV UEI VERIFICATION
City of Santa Ana
RFP 24-131A

J3W6SEKW73Y8
May 29, 2025

City Council
14 –
36 2/4/2025

Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification)

1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently excluded or disqualified;
b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and
d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Consultant
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
_______________________________________
Date
City of Santa Ana
RFP 24-131A

Michael Bryant - Operations Manager
November 15, 2024

ATTACHMENT H

City Council
14 –
37 2/4/2025

Police Department
www.santa-ana.org/pd
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Blood Technician Services

AGENDA TITLE
Agreement with California Forensic Phlebotomy Incorporated for Blood Technician Services (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a one-year agreement with California Forensic Phlebotomy Incorporated to perform blood technician services for the Police Department in an amount not to exceed $64,520, for the period of March 5, 2025 through March 4, 2026 (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
California Forensics Phlebotomy Incorporated (CFP) is the current blood and breath technician service provider for all Orange County law enforcement agencies. These technicians are responsible for drawing blood in a medically approved manner, retaining these items through an evidentiary-approved process, and relinquishing them to the Orange County Crime Lab for analysis. The Santa Ana Police Department (SAPD) calls on CFP to take blood samples from individuals involved in incidents where drugs and/or alcohol are suspected.

On February 15, 2022, City Council approved agreement A-2022-030 with CFP for a three-year term ending on March 4, 2025. SAPD has utilized CFP since 1992 and as CFP has remained the sole source provider of these services for all Orange County agencies. The Orange County Sheriff's Department conducted a solicitation process in 2021, where CFP was the sole bidder for blood draw services. The County agreement with CFP (#MA-060-21011175) commenced in 2021 and was renewed for another two- year period with a new termination date of April 13, 2026. SAPD is seeking to piggyback on the County’s procurement and enter into a new one-year agreement. The department will issue a Request for Proposal (RFP) in the near future to procure these services for a multi-year agreement for future fiscal years.

City Council
15 –
1 2/4/2025

Blood Technician Services
February 4, 2025

4 8
1 3
CFP is the only company in Orange County where employees remain on-call at all times, seven days per week, 24 hours per day, 365 days a year, to conduct blood draws as requested. This allows CFP to respond to requests for service within 45 minutes.

CFP has extensive experience in the policies and procedures of the Orange County Sheriff’s Department Forensic Sciences Lab, where all blood samples are processed and examined. CFP employees are required to complete an extensive background check and have access to secured areas. CFP staff also understand SAPD's requirements and expectations regarding blood sample draws.

SAPD will pay CFP $124 per draw for their services between March 5, 2025 to March 4, 2026. Staff estimates CFP may perform 480 blood draws annually for the Police Department, totaling $59,520 plus a $5,000 contingency. CFP has been accommodating, professional, and consistent in the provision of its services, and SAPD recommends approval of the proposed one-year agreement.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The current fiscal year funding is available in the FY 24-25 budget and future fiscal year funding will be included in the proposed budget for City Council consideration as follows:

Fiscal Year Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
FY 24-25
(March-June) 01114420-62300 General Fund
Field Operations-
Contract Services
Professional
$21,500
FY 25-26
(July-March) 01114420-62300 General Fund
Field Operations-
Contract Services
Professional
$43,020
Total $64,520
The amounts above are estimated projections and are subject to change.

EXHIBIT(S)

1. California Forensic Phlebotomy Agreement
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager

City Council
15 –
2 2/4/2025

AGREEMENT WITH CALIFORNIA FORENSIC PHLEBOTOMY INCORPORATED AND THE CITY OF SANTA ANA FOR BLOOD TF,CHNI(] AN SERVICES THIS AGRBEMENT iS iIlade and entered intO On kl)iS 4'h aa:7 0f Felcraaiy 2025, '05 ana betWeen, California Forensic Phlebotomy Incorporated ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing rinder the Constitution arid laws of the State of California ("City").

RECITALS
A. The City desires to retain a Consultant to provide blood technician services for the Santa Ana Poiice Department ("SAPD") on an on-cadi basis.

B. Consultant is the sole service provider for forensic phlebotomy services in Orange County. and is the current provider for blood and breath technician services for all Orange County law enforcement agencies. These tecmicians are responsible for drawing blood in a medically- approved manner, retaining these items through an evidentiary-approved process and relinquishing them to the Ormige County Crime Lab for analysis. The Santa Ana Police Department will rely on Consaltant to takc EilOOa sannplCs from iriaiviatials that FiaVC 5CCn ':n-vO!-vCd !n iriciaccts wucrc drugs and/or alcohol are suspected.

C. Consultant represents that it is able and willing to provide such services to the City. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from aprofessional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE, OF SERVICE8
Consultant shall perform during the term of this Agreement, the tasks and obligations including )lit 1H5cir, materiH1s, tnnls, eqnipmerit, and incirlental ci,istomary work reo,i'iir@(i i@ f(')lly and H6@(p)Hj@137 complete the services described and set forth in Scope of Work - Exhibit A, attached hereto and incorporated by reference.

2. COMPF,NSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended dumgthe term of this Agreement shall not exceed $64,520 which includes a $5,000 contingency fee.
b. PaymentbyCityshallbemadewithinforty-five(45)daysfollowingreceiptofproperinvoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Pagel
EXHIBIT 1

City Council
15 –
3 2/4/2025

Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which mayreasonab}y be expected by City.

3. TERM
This Agreement shall commence on March 5, 2025 through March 4, 2026, unless temiinated earlier in accordance with Section 15, below.

4. nu,PENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be constnued to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be constnued to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subjectmatter ofthis Agreement; however, the services to be provided by Consultant shall beprovided in a maiuier consistent With all applicable StanaardS aixd regulatioxis govelThling sucli services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copy.ights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the Jegal right to license any and all Documents at nata. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City, City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended bythis Agreement shall be at City's sole risk.

6. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or aamages to property which may arise from or in connection with toe performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.

Page2

City Council
15 –
4 2/4/2025

MINIMUM SCOPE AND LIMIT OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
* Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
* Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code l (any auto), with combinea single limits of sii,coo,ooo. In the event Consultant does not maintain commercial automobile liabilit5r insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. * Workers' r'nmppnsqtion (llr/C): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees.

If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurauce policies are to contain, or be endorsed to contairi, the following provisions:

1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furtiished in connection with such work or operations.

2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid urider the terms of any policy which arise from work performed by Permittee for City.

3. All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Permittee's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.

Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment.

Page3

City Council
15 –
5 2/4/2025

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of event snould be included in the Description of Operations section of each cemHcate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.

Verification of Coverage
Permittee shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Permittee's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The retroactive date must be shown and must be before the date of the contract or the beginriing of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work.

Subcontractors
Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (l) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensaticn, restihition, judicial cr equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant fiirther agrees to indemnify, ho1d harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal orproperty rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representatiori in any legal proceeding. Nohvithstariding the foregcing, to the exterit Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

8. INTELLECTUAL rMiruxl % 11Nl)EMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and ali liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infiringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. COnsultant Shall maintain COmplCtC arid ;lCCurat €:' recCiras With respecf tO fhe COS!S iricurrea under this Agreement and any services, expenditures, and disbursements charged to the City for a miriimum period ofthree (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this A.greement for a period of three (3) years from the date of final pa)rierit tc Consultant under this Agreement.

10. CONFmENTIALffY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or Page5

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disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but aiso information transferred oraily, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF JNTERF,ST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, wMch would conflict in any manner with performance of services specified under this Agreement.

12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestiy, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employm ent related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict betweenthe terms ofthis Agreement andanyattachments hereto, the terms ofthis Agreementshall prevail.

This Agreementmaynot be modified except bywritten instnument signed by the City and byan authorized representative of Consultant. The parties agree that any tetms or conditions of any purchase order or other instent that are inconsistent with, or in addition to, the temis and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

14. ASSIGNMF,NT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit Page6

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the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.

15. TERMiNATION
This Agreement may be terminated by the Cityupon thirty (30) days written notice of termination.

In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a.
b.

As a copdition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.

Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. uSDICTION - VENUF,
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of Califoniia. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or ',y reason of thisAgreement.

18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreemerit, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of Califomia, the City of Santa Ana and all other governmental a.gencies. Consi'.ltant sha!i notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE
Any notice, tender, demand, delivery, or other cornrnunication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by 'first class or Page7

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cettified mail, postage prepaid, or sent by fax or other telegraphic communication in the maiu'ier provided in tliis Section, to the following persons:

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
p.o. Box 1988
Santa Ana, CA 92702-1988
FaX: 'il4- 64"i-6956
With courtesy copies to:

Chief of Police
City of Santa Ana
20 Civic Center Plaza (M-96)
p.e. Bcx 1988
Saiita Aiia, California 92702
To Consultant:

Califomia Forensic Phlebotomy Incoiporated
5753. E. Santa Ana Canyon Road, Suite G-553
Analieim Hills, CA 92807
rvcga(l.califoiniaforcnsicplilebotoi'i'iy.coin
Fax: (949) 203-2133
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed aiid transmitted to tl'ie new address. If sent by mail, communication sliall be effective or deen'ied to liave been given three (3) days after it lias been deposited in tlie United States mail, duly registered or ceitified, witli postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to liave been given twenty-four (24) liours after the time set forth on the transmission repoit issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating tl'iese time frames, weekends, federal, state, County or City l'iolidays snail 6e excluded.
20, MISCELLANEOUS PROVISIONS
a. Eacli undersigned represents and warrants that its signature herein below l'ias the power, authority and right to bind their respective parties to eacb of the terms of this Agreement, and shall indenu'iify City fully, iiicluding reasonable costs aiid attoi'i'iey's fees, for any injuiies or damages to City in tl'ie event that such authoiity or power is not, in fact, held by the signatory or is withdrawn.

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b. All Exhibits referenced herein and attached l'iereto shall be incorporated as if fully set forth in the body of this Agreement.
n'J WTTNESS WHEREOF, the parties nerero have executea tnis Agreemenr rye aare and year first above written.

ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
ALV ARO NtJNEZ
City Manager
APPROVED AS TO FORM:

SONIA R. CARV ALHO
City Attorney
H,HM(,:4,,7,%4ql,,AN
Senior Assistant City Attorney

CALTFORNIA FORENSIC

PHLEBOTOMY
RECOMMENDED FOR APPROV AL:

ROBERT RODRIGUEZ
Cliief of Police
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CAIIFORNIA
FOREN81C

PHLEBOTOMY

INCORPORATED
5753 E. Santa Ana Cyn Rd. Suite G-553
Anaheim Hills, CA 92807
e-mail [email protected]
24 Hour Technician Response 714.529.0515
Administration 949.309.2459
Fax 949.203.2133

EXHIBIT A

SCOPE OF WORK
Contractor to provide employees who shall always remain available on an on-call basis, seven (7) days per week, twenty-four (24) hours per day, three hundred sixty-five ( 365) a year, and agree to said employees to conduct tests identified in the City agreement, as requested. Locations for taking of blood samples shall include, but not limited to: Santa Ana Police Department, local hospitals, Orange County Jail, field locations in and around the City of Santa Ana. Contractor's employees will maintain chain of possession, transport, and relinquish samples to the Orange County Sheriff's Crime Laboratory. Contractor's employees may also transport urine samples to the Orange County Sheriff's Crime Laboratory as requested by witnessing officer.

Contractor to provide related employees to appear and conduct requested tests within forty-five (45) minutes of such request. Contractor to provide twenty-four (24) access to a supervisor to remedy any probiems or questions that may arise. Contractor to provide medical supplies and equipment necessary to conduct tests at no cost to the City. Contractor to provide transportation for emptoyees at no cost to the City.

Contractors employees, upon request of the City and/or the Orange County District Attorney, shall appear in court or any other designated location, at no additional cost, for the purpose of discussion or testimony concerning collecting of samples. Contractor's said employees agree to appear in court at the time designated by the City and/or the Orange County District Attorney.

The City and/or the District Attorney will provide at least two (2) hours' notice to such appearance.

In addition to applicable laws, all blood sample collection and subsequent handling shall be conducted in accordance with direction and procedures prescribed by the Orange County Sheriff Department Forensic Sciences Services Division. Only employees of the Contractor, deemed acceptable by the City, hereunder shall perform services; the City will refuse to permit blood samples to be collected by any employee of Contractor considered, by the City in its sole discretion, to be unacceptable.

Ail blood samptes shall be refrigerated immediately and deposited by the Contractor at the County of Orange' s refrigerated blood locker within (6) hours of withdrawal. Contractor to provide at Contractors expense, supplies necessary to ensure that blood samples are properly refrigerated as directed by the Orange County Sheriff Department Forensic Science Services Division.

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EXHIBIT B
CITYOF8AfffAANA
Blood Drawing and Evldence Custodian 8irvlces
03/OS/2025 to 03/04/2026
Perlod 1
03/OS/2026 to 03/04/2027
Perlod 2
03/05/2027to 03/04/2028
Perlod 3
$124.00 per draw $137,00 perdraw $151.00 per draw
CheckpolrRs
03/06/2025 to 03/04/2026
Period 1
03/05/2026 to 03/04/2027
Period 2
03/05/2027 to 03/04/2028
Period 3
$124,00 per hour $137.00 per hour $151.00 per hour
Court Appearances
(llpon requestbyCity or DlttrictJkttomey)
03/05/2025 to 03/04/2026
Perlod 1
03/05/2026 to 03/04/2027
Period 2
03/05/2027 to 03/04/2028
Period 3
No ctiarge, incLuding empkoyee on-
callforcourt
No charge, inciuaing empioyee on-
callforcourt
No charge, incLuaing empioyee on-
callforcourt

City Council
15 –
13 2/4/2025

Police Department
www.santa-ana.org/pd
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Automated Parking Citation and Processing Services

AGENDA TITLE
Second Amendment to Agreement with Data Ticket, Inc. (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a second amendment to the agreement with Data Ticket, Inc. for automated parking citation and processing services in the additional amount of $840,000, for a total aggregate amount not to exceed $2,840,000, and exercise the first one-year extension option through February 14, 2026 (Agreement No.

A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On February 15, 2022, the City Council approved a three-year agreement with Data Ticket, Inc. to provide automated parking citation and processing services to the Santa Ana Police Department (SAPD) in the amount of $1,269,648 after a competitive Request for Proposal (RFP) process. Data Ticket Inc.’s services include managing the parking citation database, sending out daily notices for payment collection, and hosting a full-service, bilingual customer service call center that allows motorists to obtain general information regarding the citation process and specific information on particular citations. Data Ticket, Inc. has been the City’s provider of these services since 2017 and continues to perform in a professional and competent manner.

The original term of the agreement covers the three-year period of February 2022 through February 2025, with two one-year extension options. On January 16, 2024, the City Council approved the first amendment to the agreement with Data Ticket, Inc. to increase the contract authority by $730,352, for a total aggregate amount not to exceed $2,000,000.

Data Ticket, Inc. has continued to perform well and SAPD is electing to exercise the first one-year option of the agreement. Staff recommends the second amendment to the

City Council
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Automated Parking Citation and Processing Services
February 4, 2025

4 8
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agreement with Data Ticket, Inc. to increase compensation by $840,000 for services provided through February 14, 2026, with a new total aggregate amount not to exceed $2,840,000.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The current fiscal year funding is available in the FY 24-25 budget and future fiscal year funding will be included in the proposed budget for City Council consideration as follows:

Fiscal Year Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
FY 24-25
(Feb.-June) 01114405-62300 General Fund
Traffic Division,
Contract Services
Professional
$350,000
FY 25-26
(July-Feb.) 01114405-62300 General Fund
Traffic Division,
Contract Services
Professional
$490,000
Total $840,000
The amounts above are estimated projections and are subject to change.

EXHIBIT(S)

1. Second Amendment with Data Ticket, Inc.

Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager

City Council
16 –
2 2/4/2025

SECOND AMENDMENT TO AGREEMENT WITH DATA TICKET, INC. TO

PROVIDE AUTOMATED PARKING CIT ATION PROCESSING
THIS SECOND AMENDMENT ("Second Amendment") to Agreement with Data Ticket, {nc. to Provide Automated Parking Citation Processing is entered into on Febniaty 4, 2025, by and between Data Ticket Inc., a California corporation ("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"). The Contractor and City shall hereinafter be referred to collectively as "the Parties."

RECITALS
A. On February 15, 2022, the Parties entered into Agreement No. A-2022-022 ("Agreement"), by which Contractor agreed to agreed to provide automated parking citation and processing services. The original term of the agreement covers a 3-year period through February 14, 2025, with two one-year extension options. The not to exceed amount of the Agreement was $1,269,648.31.

B. On Janciary 16, 2024, the Agreement was amended to increase the compensation by an additional $730,351.69, which brought the total not to exceed amount to $2,000,000. The First Amendment (A-2024-017) was to compensate for additional costs related to increased collection efforts caused by individuals failing to pay their citations.

C. Collection Costs continue to grow. The parties now wish to exercise the first option to extend the term of the Agreement for an additional one (l)-year period, to February 14, 2026 and increase the total compensation by an additional $840,000 for a total not to exceed amount of $2,840,000
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the ternns and conditions of the Agreement, except as hereinafter modified, the Parties agree to the following:

1. Section 2, Compensation, shall be amended to increase the compensation for services provided under this Agreement by $840,000. The total amount to be expended during the term of this Agreement shall not exceed $2,840,000.

2. Section 3, Term, shall be amended to extend the term of the Agreement to February 14, 2026.

3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [Signatures on following page]
EXHIBIT 1

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
ALV ARO NtJNEZ
City Manager
APPROVED AS TO FORM:

SONIA R. CARV ALHO
City Attorney
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:

ROBERT RODRIG
Chief of Police
DATA TICKET, INC.

City Council
16 –
4 2/4/2025

Planning and Building Agency
www.santa-ana.org/pba
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: ADU Ordinance Amendments (Citywide) Second Reading

AGENDA TITLE
Second Reading of 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) First Reading January 21, 2025 City Council meeting and approved by a vote of 7-0.

Published in the OC Reporter on January 23, 2025.

RECOMMENDED ACTION
Conduct a second reading and adopt Zoning Ordinance Amendment No. 2024-03 amending 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 law enacted under Senate Bill 1211 and make other minor clarifying changes.

ORDINANCE NO. NS-3076 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
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
At the January 21, 2025, meeting, the City Council conducted the first reading of Zoning Ordinance Amendment No. 2024-03, a zoning ordinance amending Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to accessory dwelling units (ADUs) to be in compliance with changes to State ADU law enacted under Senate Bill 1211 that took effect January 1, 2025. The ordinance, approved 7:0, requires a second reading.

No changes to the ordinance were made by the City Council. A copy of the ordinance for second reading is attached to this report as Exhibit 1.

City Council
17 –
1 2/4/2025

ZOA No. 2024-03: ADU Ordinance Amendments (Citywide) Second Reading February 4, 2025

4 8
1 9

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.

EXHIBIT

1. Ordinance for ZOA No. 2024-03
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Alvaro Nuñez, City Manager

City Council
17 –
2 2/4/2025

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 ADU s 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
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3 2/4/2025

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. Supp ort 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 w orkforce, 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, includi ng single-family homes, apartments, townhomes,

City Council
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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 d esign 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 Desi gn 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 bu ilt 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
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5 2/4/2025

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 C ity 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., 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. se q., as amended from time to time.

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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. (5) "Junior accessory dwelling unit" or "JADU" means a uni t 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. (7) "Living area" means the interior habitable area of a dwelling u nit, including basements and attics, but does not include a garage or any accessory structure. (8) "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). (9) "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. (10) "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.
(11) "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 ac cess to, and common use of all living, kitchen and bathroom areas.
(12) "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:

City Council
17 –
7 2/4/2025

Ordinance No. NS-XXX

Sec. 41-194.2. - Permitted zones and applicability.
(A) ADUs and JADUs may be permitted in all zoning districts where residential or mixed- use 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 app lication 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 incomp lete 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 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.
(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.
(G) 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, non - habitable spaces attached to or within t he 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.
(H) An ADU s hall 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 t ime 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
17 –
8 2/4/2025

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
Provisions Attached Detached
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
17 –
9 2/4/2025

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) squar e 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. (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 inten sity 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 acc essory 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 st ructures. The conversion of an existing accessory structure or a

City Council
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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, 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 t hat 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, ph rases, or portions be declared invalid or unconstitutional.

Section 8. This ordinance shall become effective thirty (30) days after its adoption.

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11 2/4/2025

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, ______________, C ity 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
17 –
12 2/4/2025

City Clerk’s Office
www.santa-ana.org/city-clerk
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: City Council Standing Subcommittees

AGENDA TITLE
Appoint Members to the Joint School City Council Standing Subcommittee and Disband the Legislative City Council Standing Subcommittee and the Public Safety and Homelessness City Council Standing Subcommittee

RECOMMENDED ACTION

1. Appoint members to serve as representatives through December 2026 to the Joint School City Council Standing Subcommittee

2. Disband the Legislative City Council Standing Subcommittee and the Public Safety and Homelessness City Council Standing Subcommittee
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION NO. 2021-089

ESTABLISHING THE PUBLIC SAFETY AND HOMELESSNESS CITY COUNCIL

STANDING SUBCOMMITTEE AND THE LEGISLATIVE CITY COUNCIL STANDING

SUBCOMMITTEE
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Biannually, following each General Municipal Election, the City Council reviews the City Council Standing Subcommittees and appoints interested members to serve on the subcommittees. Standing committees continue indefinitely and require periodic evaluation to ensure the committee is necessary, fulfilling its intended purpose, and providing value. Staff recommends that appointments be made to the Joint School Collaboration City Council Standing Subcommittee and that the remaining two subcommittees be disbanded.

City Council
18 –
1 2/4/2025

City Council Standing Subcommittees
February 4, 2025

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2 1
Joint School Collaboration City Council Standing Subcommittee The Joint School Collaboration City Council Standing Subcommittee was established April 19, 2022 via Resolution No. 2022-028 between the City of Santa Ana and the Santa Ana Unified School District (SAUSD) with the purpose to discuss issues of mutual interest between the City and SAUSD focusing on youth services and including, but not limited to, joint use of SAUSD and City facilities, library facilities, educational programs, and other topics related thereto.

The Joint School Collaboration Subcommittee last held a meeting on December 2, 2024, with the following history of meetings: in 2024, six meetings were held and five were cancelled; in 2023, three meetings were held and eight were cancelled; and in 2022, four meetings were held and two were cancelled. Current members are Mayor Pro Tem Vazquez and Councilmembers Hernandez and Lopez.

Legislative City Council Standing Subcommittee
The Legislative City Council Subcommittee was established on December 21, 2021 via Resolution No. 2021-089 with the purpose to discuss the following topics: provide guidance and direction to help facilitate the City’s legislative affairs efforts, make recommendations to the City Council relating to setting legislative priorities and directing legislative advocacy, making policy recommendations relating to how the City may respond to legislative actions that may affect the City, provide guidance to City staff on legislative activities; and any other topics related thereto.

The Legislative Subcommittee last met on September 26, 2023, with the following history of meetings: in 2024, no meetings were held; in 2023, one meeting was held and one was cancelled; and in 2022, two meetings were held. Current members are Mayor Amezcua and Councilmembers Lopez and Penaloza.

Public Safety and Homelessness City Council Standing Subcommittee The Public Safety and Homelessness City Council Standing Subcommittee was established December 21, 2021 via Resolution No. 2021-089 with the purpose to discuss the following topics: public safety services (police and fire); homelessness; homeless services; how to provide relief to residents, business owners, and other community members relating to homelessness; impacts of homelessness on the quality of life of community members; the effects of homelessness on public safety; and any other topics related thereto.

The Public Safety and Homelessness Subcommittee has only held one meeting, on May 10, 2022, since its establishment. No meetings were held in 2023 or 2024. Current members are Mayor Amezcua and Councilmembers Bacerra and Hernandez.

With very few meetings held of either the Legislative and Public Safety and Homelessness Subcommittees and with these topics being covered by staff and City Council as a whole, staff recommends adoption of the proposed resolution to disband the

City Council
18 –
2 2/4/2025

City Council Standing Subcommittees
February 4, 2025

4 8
2 1
two subcommittees. This action will not affect City Council’s future ability to create standing or ad hoc committees, as needed.

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.A Resolution of the City Council of the City of Santa Ana Repealing Resolution No. 2021-089 Establishing the Public Safety and Homelessness City Council Standing Subcommittee and the Legislative City Council Standing Subcommittee Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, City Manager

City Council
18 –
3 2/4/2025

Resolution No. 2025-XXX

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING RESOLUTION NO. 2021 -089

ESTABLISHING THE PUBLIC SAFETY A ND

HOMELESSNESS CITY COUNCIL STANDING

SUBCOMMITTEE AND THE LEGISLATIVE CITY COUNCIL

STANDING SUBCOMMITTEE

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council hereby finds, determines and declares as follows:

A. By resolutions approved in the past, the City Council had created City Council standing subcommittees for the purpose of focusing greater City Council attention on key priorities coming before the City Council in the future.

B. On December 21, 2021, the City Council establishe d two standing subcommittees: (1) the Public Safety and Homelessness City Council Standing Subcommittee; and (2) the Legislative City Council Standing Subcommittee.

C. The purpose of the Public Safety and Homelessness Standing Subcommittee was to discuss public safety services (police and fire); homelessness; homeless services; how to provide relief to residents, business owners and other community members relating to homelessness; impacts of homelessness on the quality of life of community members; the effect of homelessness on public safety; and any other topics related thereto.

D. The purpose of the Legislative City Council Standing Subcommittee was to

provide guidance and direction to facilitate the City’s legislative affairs efforts; make recommendations to the City Council relating to setting legislative priorities and directing legislative advocacy; make policy recommendations relating to how the City may respond to legislative activities; and any other topics related thereto.

E. On April 19, 2022, by way of Resolution No. 2022-028, the City Council established an additional Standing Subcommittee entitled the Joint School Collaboration City Council Standing Subcommittee. The purpose was to discuss issues of mutual interest between the City and Santa Ana Unified School District (“SAUSD”) focusing on youth services and including but not limited to, joint use of SAUSD and City facilities; library facilities; educational programs; and other topics related thereto.

City Council
18 –
4 2/4/2025

Resolution No. 2025-XXX

F. The City Council now wants to revise the Standing Subcommittees to disband the Public Safety and Homelessness Standing Committee and Legislative City Council Standing Subcommittee but to maintain the Joint School Collaboration City Council Standing Subcommittee.

Section 2. The Santa Ana City Council hereby repeals Resolution No. 2021-089 establishing the Public Safety and Homelessness City Council Standing Subcommittee and the Legislative City Council Standing Subcommittee.

Section 3. This resolution shall take effect immediately upon its adoption by City Council and the City Clerk shall attest to and certify the vote adopting this resolution.

ADOPTED this ___ day of February, 2025.

Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

By:_______________________
Laura A. Rossini
Chief Assistant City Attorney

AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers _

City Council
18 –
5 2/4/2025

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 February __, 2025.

Date:

Jennifer L. Hall
City Clerk
City of Santa Ana

City Council
18 –
6 2/4/2025

Planning and Building Agency
www.santa-ana.org/pba
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Resolution Repealing Resolution No. 2019-107 regarding 2019 environmental approvals for the project located at 2525 North Main Street

AGENDA TITLE
Resolution Repealing Resolution No. 2019-107 Regarding 2019 Environmental Approvals for Project Located at 2525 North Main Street

RECOMMENDED ACTION
Adopt a Resolution repealing Resolution No. 2019-107 (1) adopting environmental findings of fact pursuant to the California Environmental Quality Act; (2) certifying the final environmental impact report (SCH #2018021031), (3) adopting a statement of overriding considerations for the proposed project, (4) adopting the mitigation monitoring and reporting program, and (5) approving the proposed Addington multifamily residential project located within the City of Santa Ana at 2525 North Main Street.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NO. 2019-107 (1)

ADOPTING ENVIRONMENTAL FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2) CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2018021031), (3) ADOPTING A

STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED PROJECT, (4) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND (5) APPROVING THE PROPOSED ADDINGTON MULTI-FAMILY RESIDENTIAL PROJECT LOCATED WITHIN THE CITY OF SANTA ANA AT 2525

NORTH MAIN STREET
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Project Approval Background
In July 2019, the Project, consisting of a 476 unit residential development, was

City Council
19 –
1 2/4/2025

Resolution Repealing Resolution No. 2019-107 regarding 2019 environmental approvals for the project located at 2525 North Main Street
February 4, 2025

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2 8
presented to the City Council. The City Council remanded the Project back to the Planning Commission for further consideration. In August 2019, the Project went to the Planning Commission with a reduction in the number of units, density, and number of stories. The vote resulted in an impasse.

On October 28, 2019, the Planning Commission voted not to recommend certification of the EIR to the City Council and to deny the proposed development and related Project approvals.

On November 19, 2019, the Project was presented to the City Council for consideration. This included certification and adoption of the Final Environmental Impact Report (Final EIR), clarification to the Final EIR document, a mitigation monitoring and reporting program, and a statement of overriding conditions; Development Agreement; General Plan amendment to change the land use designation of the property from Professional and Administrative Office (PAO) to District Center (DC); Amendment application to rezone the property from Professional (P) to Specific Development No. 93 (SD-93). The first reading of the zone change and development agreement were approved along with the Final EIR and mitigation monitoring program. On December 3, 2019, the second reading of the ordinances was held. The matter was continued to December 17, 2019 and then to January 21, 2020.

On January 21, 2020, the zone change and development agreement ordinances were adopted. A Referendum petition regarding the zone change was circulated and ultimately successful. On May 5, 2020, the City Council rescinded approval of the zone change for the Project.

CEQA Litigation
In January 2020, the City was served with litigation alleging violation of the California Environmental Quality Act (“CEQA”) brought by Santa Ana Citizens for Responsible Development against the City and the developer of the Project, AC2525 Main LLC (Real Party in Interest). The matter was settled in December 2024 with no payment of monies on behalf of the City. The settlement included an agreement not to rely upon the EIR for any future development of the property. Staff recommends rescinding Resolution No. 2019-107 relating to approval of the Final EIR.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

City Council
19 –
2 2/4/2025

Resolution Repealing Resolution No. 2019-107 regarding 2019 environmental approvals for the project located at 2525 North Main Street
February 4, 2025

4 8
2 8

EXHIBIT(S)

1. Resolution

2. Resolution No. 2019-107
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Alvaro Nuñez, City Manager

City Council
19 –
3 2/4/2025

Resolution No. 2025-xx

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RESCINDING RESOLUTION NO. 2019 -107 (1)

ADOPTING ENVIRONMENTAL FINDINGS OF FACT PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2)

CERTIFYING THE FI NAL ENVIRONMENTAL IMPACT REPORT
(SCH #2018021031), (3) ADOPTING A STATEMENT OF

OVERRIDING CONSIDERATIONS FOR THE PROPOSED
PROJECT, (4) ADOPTING THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND ( 5) APPROV ING THE

PROPOSED ADDINGTON MULTI-FAMILY RESIDENT IAL

PROJECT LOCATED WITHIN THE CITY OF SANTA ANA AT
2525 NORTH MAIN STREET
WHEREAS, AC 2525 Main , LLC (“AC 2525 ”) sought to develop the Addington Multi-Family Residential Project (“Project”) , originally proposed as a 496 -unit multi - family residential project on a 5.93 -acre site at 2525 North Main Street in Santa Ana, California (“Project Site”); and
WHEREAS, on January 14, 2019 , the Planning Commission conducted a duly noticed public hearing to consider the EIR , Development Agreement No. 2018-01, General Plan Amendment No. 2018 -06, and Amendment Application No. 2018 -10 and solicited comments on the EIR. At the meeting, seventy -nine (79) members of the public spoke on the item , thirty (30) speakers supported the project , forty-eight (48) opposed it and one speaker was neutral. After hearing all relevant testimony from staff, the public and the City’s consultant team, the Planning Commission voted to recommend that the City Council not certify the EIR or adopt the findings, the statement of overriding conside rations and the mitigation monitoring and reporting program and deny the Project; and
WHEREAS, on February 5, 2019, the City Council conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018 -01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018 -10 and solicited comments on the EIR. At the meeting, sixty-one (61) members of the public spoke on the item, thirty-eight (38) speakers supported the project, twenty (20) speakers opposed it and three (3) spea kers were neutral and the public hearing was continued to the next regular adjourned City Council meeting on February 19, 2019; and WHEREAS, on February 19, 2019 , the City Council con tinued to conduct the duly noticed public hearing to consider the EIR, De velopment Agreement No. 2018-01, General Plan Amendment No. 2018 -06, and Amendment Application No. 2018 -10 and solicited comments on the EIR. At the meeting, one hundred and thirty -one (131) members of the public spoke on the item, t wenty-six (26) speaker s supported the project and one hundred and five (105) speakers opposed it. Furthermore, one hundred and sixty -six ( 166) written comments were received with nine (9) in support and one

City Council
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4 2/4/2025

Resolution No. 2025-xx

hundred and fifty -seven (157) in opposition. After hearing all relevant testimony from staff, the public and the City’s consultant team, the City Council voted that the applications go back to the Planning Commission for reconsideration after further consultation with the community; and
WHEREAS, in June 2019, the applicant s ubmitted a revised plan consisting of development 347 multi-family units (59 dwelling units per acre), with 642 parking spaces (1.85 parking spaces per unit) and parking capacity at 2.0 spaces per unit, within a 4 - story residential building wrapped around a five-level parking structure with an amenity deck on the sixth -level, private open space, and redesigned the intersection of Main Street and Walkie Way/Santiago Park Drive to provide access to the project on a 5.93 - acre site (the “June Revised Plan”); and

WHEREAS, on August 12, 2019, the Planning Commission conducted a duly noticed public hearing to consider the June Revised Plan . At the meeting, seventy - seven (77) members of the expressed opposition; nine (9) supported the project, and one speaker was neutral. In addition, one -hundred (100) written comments were received with six (6) in support and ninety-four (94) in opposition. After hearing all relevant testimony from staff, the public and the City’s consultant tea m, the Planning Commission vote resulted in an impasse; and

WHEREAS, in October 2019, in response to comments received the applicant submitted a further revised plan including redevelopment of the 5.93 -acre site with 444,534 square feet of total development, including 277,281 square feet o f residential buildings that would provide 256 for-rent multi -family residential units and a 167,253 square foot central parking structure and a 284 space surface level parking lot which also reduced the Project’s height, increased the Project’s setbacks, and modified the Project entrance (“October Modified Project”); and

WHEREAS, the City prepared “Clarifications to the Final EIR” to determine if the October Modified Project would result in new or substantially increased environmental effects than those a nalyzed in the EIR such that the EIR would require recirculation prior to its certification; and
WHEREAS, the Clarifications to the Final EIR include detailed analysis, based upon substantial evidence, that demonstrate that the Modified Project would not result in any new or substantially greater impacts than are disclosed in the EIR , no new mitigation measures beyond those identified in the EIR are required, and no additional feasible alternatives or mitigation measures considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project; and
WHEREAS, on October 28 , 2019, the Planning Commission conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018 -01, General Plan Amendment No. 2018 -06, and Amendment Application No. 2018 -10 and solicited comments on the EIR. At the meeting, sixty-two (62) expressed opposition and two (2) in expressed support the project. In addition, ninety -eight (98) individuals submitted comments with ninety-four (94) in opposition and four (4) in support; and

City Council
19 –
5 2/4/2025

Resolution No. 2025-xx

WHEREAS, after hearing all relevant testimony from staff, the public and the City’s consultant team, the Planning Commission by a vote of 3:2, voted to recommend denial of the project. Since the entitlements required final action by the City Council, the actions were forwarded to the City Council; and

WHEREAS, on November 19, 2019, the City Council conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018 -06, and Amendment Application No. 2018 -10 and at which hearing members of the public were afforded an opportunity to comment upon Environmental Impact Report No. 2018 -01. After hearing all relevant testimony from staff, the public and the City’s consultant team, the City Council voted to certify the EIR, adopt the findings, the statement of overriding considerations and the mitigation monitoring and reporting program and approve the October Modified Project; and WHEREAS, the “EIR” consists of the Final EIR , Clarifications to the Final EIR, and all attachments and appendices to both the Final EIR and the Clarifications to the Final EIR, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR); and
WHEREAS, on November 19, 2019, the Project was presented to the City Council for consideration. This included certification and adoption of the Final Environmental Impact Report (Final EIR), clarification to the Final EIR document, a mitigation monitoring and reporting program, and a statement of overriding conditions; Development Agreement; General Plan amendment to change the land use designation of the property from Professional and Administrative Office (PAO) to District Center (DC); Amendment application to rezone the property from Professional (P) to Specific Development No. 93 (SD -93). The first reading of the zone change and development agreement were approved along with the Final EIR and mitigation monitoring program.

WHEREAS, o n December 3, 2019, the second reading of the ordinances was held. The matter was continued to December 17, 2019 and then to January 21, 2020.

WHEREAS, on January 21, 2020, the zone change and development agreement ordinances were adopted.

WHEREAS, the Project approved entailed, among other things, (1) demolition of the existing 81,172 square foot vacant two -story office building and 442 -space surface parking lot on the Project Site; (2) redevelopment of the 5.93 -acre site with 444,534 square feet of total development, including 277,281 square feet of residential buildings that would provide 256 for-rent multi-family residential units and a 167,253 square foot central parking structure and a 284 space surface level parking lot for residential and commercial parking; (3) approval of Development Agreement No. 2018 -01 between the City of Santa Ana (“City”) and Applicant; (4) approval of General Plan Amendment No. 2018-06, which would change the Project Site’s existing land use designation of Professional & Admi nistration Office (PAO) to District Center (DC); and (5) approval of Amendment Application No. 2018-10, which would change the zoning of the Project Site from Professional (P) to Specific Development No. 93 (SD-93) designation; and

City Council
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6 2/4/2025

Resolution No. 2025-xx

WHEREAS, the approved P roject included review and certification of an Environmental Impact Report (the “EIR”) (SCH# 2018021031) ( Environmental Impact Report No. 2018 -01), and approval of Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10; and WHEREAS, a Referendum petition regarding the zone change was circulated and gathered sufficient signatures for placement on the ballot. On May 5, 2020, the City Council rescinded approval of the zone change for the Project.

WHEREAS, in January 2020, the City was served with litigation alleging violation of the California Environmental Quality Act brought by Santa Ana Citizens for Responsible Development regarding the environmental approvals for the Project.

WHEREAS, the matter settled in December 2024 and the settlement included an agreement not to rely upon the EIR for any future development of the property.

WHEREAS, the Santa Ana City Council intends to rescind Resolution No. 2019- 107 relating to approval of the Final EIR.

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:

The City Council hereby rescinds Resolution No. 2019 -107 (1) adopting environmental findings of fact pursuant to the California Environmental Quality Act; (2) certifying the final environmental impact report (SCH #2018021031), (3) adopting a statement of overriding considerations for the proposed project, (4) adopting the mitigation monitoring and reporting program, and (5) approving the proposed Addington multifamily residential project located within the City of Santa Ana at 2525 North Main Street.

Section 2. This Resolution shall take effect immediately upon its adoption by the Ci ty Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ___ day of February, 2025.

_______________________
Valerie Amezcua
Mayor

City Council
19 –
7 2/4/2025

Resolution No. 2025-xx

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

By:________________________
Laura A. Rossini
Chief Assistant City Attorney

AYES: Councilmembers ___________________________________

NOES: Councilmembers ___________________________________

ABSTAIN: Councilmembers ___________________________________

NOT PRESENT: Councilmembers ___________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-xxx to be the original resolution adopted by the City Council of the City of Santa Ana on February ___, 2025.

Date: ____________ ____________________________ Jennifer L. Hall
City Clerk
City of Santa Ana

City Council
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8 2/4/2025

LS 11. 19. 19
RESOLUTIONNO. 2019-107

ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOF
SANTAANA (1) ADOPTINGENVIRONMENTALFINDINGSOF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTALQUALITYACT, (2) CERTIFYINGTHEFINAL ENVIRONMENTAL IMPACT REPORT ( SCH 2018021031), ( 3) ADOPTING A STATEMENTOF
OVERRIDINGCONSIDERATIONSFORTHEPROPOSEDPROJECT, ( 4) ADOPTING THE MITIGATION MONITORINGAND REPORTINGPROGRAM, AND ( 5)

APPROVINGTHE PROPOSEDADDINGTONMULTI-

FAMILYRESIDENTIALPROJECTLOCATEDWITHINTHE
CITYOFSANTAANAAT2525NORTHMAINSTREET
BEITRESOLVEDBYTHECITYCOUNCILOFTHECITYOFSANTAANAASFOLLOWS:

Section 1.

TheCityCounciloftheCityofSantaAnaherebyfinds, determinesand declares as follows:

WHEREAS, AC2525Main, LLC ("Applicant") seekstodeveloptheAddingtonMulti -FamilyResidentialProject ("proposedProject"), originally proposed as a 496- unit multi -familyresidentialprojectona5.93-acresiteat2525NorthMainStreetinSantaAna, California ("ProjectSite'); and WHEREAS, duringtheentitlementandenvironmentalreviewprocess, andinresponsetocommentsandconcernsraisedbythepublicandtheCity's electedofficials, theApplicanthasproposedmodificationstotheoriginalproposal; and WHEREAS, theProjectascurrentlyproposednowentails, amongotherthings, 1) demolitionoftheexisting81,172squarefootvacanttwo-storyofficebuildingand442-spacesurfaceparkinglotontheProjectSite; (2) redevelopmentofthe5.93-acresitewith444,534squarefeetoftotaldevelopment, including277,281squarefeetofresidentialbuildingsthatwouldprovide256for -rentmulti -familyresidentialunitsanda 167,253squarefootcentralparkingstructureanda284spacesurfacelevelparkinglotforresidentialandcommercialparking; (3) approvalofDevelopmentAgreementNo. 2018-01betweentheCityofSantaAna ("City") andApplicant; (4) approvalofGeneralPlanAmendmentNo. 2018-06, whichwouldchangetheProjectSite'sexistinglandusedesignation of Professional & AdministrationOffice (PAO) toDistrictCenter (DC); and 5) approvalofAmendmentApplicationNo. 2018-10, whichwouldchangethezoningoftheProjectSitefromProfessional (P) toSpecificDevelopmentNo. 93 (SD-93) designation; and Resolution No. 2019- 107

City Council
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WHEREAS, theproposedProjecthasbeensubmittedandrequiresreviewandcertificationof an EnvironmentalImpactReport (the "EIR") ( SCH# 2018021031) EnvironmentalImpactReportNo. 2018-01), andapprovalofDevelopmentAgreementNo. 2018-01, GeneralPlanAmendmentNo. 2018-06, andAmendmentApplicationNo. 2018- 10; and WHEREAS, theProjectSiteislocatedatthenortheastcornerofNorthMainStreetandEdgewoodRoadandthepropertiesimmediatelyadjacenttothesiteincludeSantiagoParktothenorth, single-familyresidentialhomestothesouthandeastandtheDiscoveryScienceCenterofOrangeCountyacrossMainStreettothewest. TheProjectSiteislocatedonNorthMainStreet, anurbancorridorwithintheCity. TheProjectSiteisalsolocatedatamainentrypointtotheParkSantiagoNeighborhood, aresidentialneighborhoodpredominantlycomprisedofdetachedsingle-familydwellings; and WHEREAS, pursuanttosection21067ofthePublicResourcesCode, andsection15367oftheStateCEQAGuidelines (CaliforniaCodeofRegulations, Title14, § 15000etseq.), theCityofSantaAnaistheleadagencyfortheproposedProject; and WHEREAS, inaccordancewithStateCEQAGuidelinessection15063, theCityconductedanInitialStudytodetermineiftheProjectmayhaveasignificanteffectontheenvironmentandtoevaluatewhetheranEnvironmentalImpactReport ("EIR") wasrequired; and WHEREAS, afterconductingtheInitialStudy, theCitydeterminedthatanEIRshouldbepreparedtoevaluatetheproposedProject'spotentialtohaveasignificanteffectontheenvironmentinthefollowingareas: Aesthetics, AirQuality, BiologicalResources, CulturalResources, GreenhouseGasEmissions, HazardsandHazardousMaterials, LandUseandPlanning, Noise, PopulationandHousing, PublicServices, Recreation, Transportation/Traffic, andUtilities; and WHEREAS, basedontheInitialStudy, theCityfurtherdeterminedthatimpactstoAestheticsregardingscenicresourcesincluding, butnotlimitedto, trees, rockoutcroppings, andhistoricbuildingswithinastatescenichighway; toAgricultureandForestryResourcesregardingfarmland; agriculturalland, forestlandtimberlandorconversionof; toBiologicalResourcesregardingwetlands, conflictswithatreepreservationpolicyorordinance, conflictswithaHabitatConservationPlanorNaturalCommunityConservationPlan; toGeologyandSoilsregardingaknownearthquakefault, landslides, orsoilsincapableofadequatelysupportingseptictanksorwastewaterdisposal; toHazardsregardingsiteslistedonahazardousmaterialssite, anairportlanduseplan, privateairstriporwildlandfires; toHydrologyandWaterQualityregardinghousingwithina100-yearfloodhazardarea; toLandUseandPlanningregardingconflictswithaHabitatConservationPlanorNaturalCommunityConservationPlan; toMineralResourcesregardinglossofamineralresourcetotheregionorlocally; toNoiseregardingconflictswithanairportlanduseplanorprivateairstrip; PopulationandHousingregardingdisplacingexistinghousingnecessitatingreplacementhousingor Resolution No. 2019-107

City Council
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10 2/4/2025

LS 11.19.19
displacingsubstantialnumberofpersonsnecessitatingconstructionofreplacementhousing; toTransportation/Trafficregardingachangeinairtrafficpatterns; toUtilitiesandServiceSystemsregardingfederal, stateandlocalsolidwasteregulationswouldhavenoimpactorbelessthansignificantandthusneednotbeanalyzedfurtherintheEIR; and WHEREAS, inaccordancewithStateCEQAGuidelinessection15082, onFebruary12, 2018, theCitysenttotheOfficeofPlanningandResearchandeachresponsibleandtrusteeagencya Noticeof Preparation ("NOP") - which was also publishedintheOrangeCountyRegister, anewspaperofgeneralcirculation - statingthatanEnvironmentalImpactReport (StateClearinghouseNumber #2018021031) would be prepared; and WHEREAS, duringthepubliccommentperiod, copiesoftheInitialStudywereavailableforreviewandinspectionatCityHall (20CivicCenterPlaza), ontheCity'swebsite, andattheSantaAnaPublicLibrary (26CivicCenterPlaza); and WHEREAS, pursuanttoPublicResourcesCodesection21083.9 andState CEQAGuidelinessections15082(c) and15083, theCityheldadulynoticedScopingMeetingonMarch1, 2018, tosolicitcommentsonthescopeoftheenvironmentalreview of the proposed Project; and WHEREAS, onehundredandsixty-three (163) commentletterswerereceivedinresponse to the NOP; and WHEREAS, aDraftEnvironmentalImpactReport ("DraftEIR") waspreparedfortheproposedProject, addressingcommentsreceivedinresponsetotheNOPandevaluatingtheproposedProject'spotentiallysignificantenvironmentalimpacts; and WHEREAS, theDraftEIRconcludedthattheproposedProjectwouldhaveasignificantandunavoidableimpacttoAestheticswiththeimplementationofmitigationmeasuresregardingthe existingvisualcharacterof the ProjectSiteandits surroundings, asimplementationoftheproposedProjectwouldresultinasignificantandunavoidablechangeinvisualscale, height, andsetbacksfromSantiagoPark, EdgewoodRoad, andNorthBushStreet; and WHEREAS, theDraftEIRfurtherdeterminedthatmitigationmeasureswererequiredtomitigateimpactstoalessthansignificantlevelforthefollowingresourceareas: AirQuality, BiologicalResources, HazardsandHazardousMaterials, Noise, andTribal Cultural Resources; and WHEREAS, inaccordancewithStateCEQAGuidelinessection15085, aNoticeofCompletionwaspreparedandfiledwiththeOfficeofPlanningandResearchonAugust 7, 2018; and Resolution No. 2019- 107

City Council
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11 2/4/2025

WHEREAS, asrequiredbyStateCEQAGuidelinessection15087(a), theCity providedaNoticeofAvailabilityoftheDraftEIRtothepublic - andpublishedtheNoticeofAvailabilityintheOrangeCountyRegister - atthesametimethattheCitysentaNoticeofCompletiontotheOfficeofPlanningandResearchonAugust7, 2018; and WHEREAS, duringthepubliccommentperiod, copiesoftheDraftEIRandtechnicalappendiceswereavailableforreviewandinspectionatCityHall (20CivicCenterPlaza), ontheCity'swebsite, andattheSantaAnaPublicLibrary (26CivicCenter Plaza); and WHEREAS, duringthepubliccommentperiod, onAugust27, 2018, thePlanningCommissionheldadulynoticedpublichearingtoreceivecommentsontheDraftEnvironmentalImpactReportpursuanttoStateCEQAGuidelinessection15087(i); and WHEREAS, inresponsetoa requestfromChatten-Brown & Cartens LLP, on behalfoftheNorthSantaAnaPreservationAlliance, theCityextendedtheDraftEnvironmentalImpactReportpublicreviewandcommentperiodtoOctober4, 2018toallowadditionaltimeforpublicreviewandinput; and WHEREAS, consistentwithStateCEQAGuidelinessection15087(e), theDraftEIRwascirculatedfora59-dayreviewperiod, fromAugust7, 2018toOctober4, 2018; and WHEREAS, duringthe59-daypubliccommentperiod, theCityconsultedwithandrequestedcommentsfromallresponsibleandtrusteeagencies, otherregulatoryagencies, andotherspursuanttoStateCEQAGuidelinessection15086; and WHEREAS, theCityreceivedforty-four (44) writtencommentlettersandsix (6) verbalcommentsontheDraftEIRattheAugust27, 2018publichearing, includingawrittenacknowledgementfromtheStateClearinghousethattheCityhascompliedwithCEQAenvironmentalreviewrequirements; and WHEREAS, pursuanttoPublicResourcesCodesection21092.5, onNovember15, 2018, theCityprovidedcopiesofitsresponsestocommentingpublicagenciesandinterestedorganizationsandpartiesmorethanten (10) dayspriortotheCity'sconsiderationoftheFinalEIR; and WHEREAS, onNovember15, 2018, theCityreleasedtheFinalEIR ("FinalEIR"), whichconsistsoftheDraftEIR, alltechnicalappendicespreparedinsupportoftheDraftEIR, allwrittencommentlettersreceivedontheDraftEIR, writtenresponsestoallwrittencommentlettersreceivedandverbalcommentsreceivedontheDraftEIR, revisionstotheDraftEIRandtechnicalappendices, andtheMitigationMonitoringandReportingProgram; and WHEREAS, onNovember26, 2018, thePlanningCommissioncontinuedaduly noticedpublichearingfortheprojecttoJanuary14, 2019andheldasecondstudy ResolutionNo. 2019-107

City Council
19 –
12 2/4/2025

LS 11. 19.19
sessiontooverviewtheProjectandfifty-eight (58) verbalcommentswerereceivedtwenty-five (25) insupport; thirty (31) inoppositionandtwo (2) neutral) andeleven (11) writtencommentswerereceived (two (2) insupportandnine (9) inopposition); and WHEREAS, onJanuary14, 2019, thePlanningCommissionconductedadulynoticedpublichearingtoconsidertheEIR, DevelopmentAgreementNo. 2018-01, GeneralPlanAmendmentNo. 2018-06, andAmendmentApplicationNo. 2018-10andsolicitedcommentsontheEIR. Atthemeeting, seventy-nine (79) membersofthe publicspokeontheitem, thirty (30) speakerssupportedtheproject, forty-eight (48) opposeditandonespeakerwasneutral. Afterhearingallrelevanttestimonyfromstaff, thepublicandtheCity's consultantteam, thePlanningCommissionvotedtorecommendthattheCityCouncilnotcertifytheEIRoradoptthefindings, thestatement ofoverridingconsiderationsandthemitigationmonitoringandreportingprogramanddeny the Project; and WHEREAS, onFebruary5, 2019, theCityCouncilconductedadulynoticedpublichearingtoconsidertheEIR, DevelopmentAgreementNo. 2018-01, GeneralPlanAmendmentNo. 2018-06, andAmendmentApplicationNo. 2018-10andsolicitedcommentsontheEIR. Atthemeeting, sixty-one (61) membersofthepublicspokeontheitem, thirty-eight (38) speakerssupportedtheproject, twenty (20) speakersopposeditandthree (3) speakerswereneutralandthepublichearingwascontinuedtothenextregularadjournedCityCouncilmeetingonFebruary19, 2019; and WHEREAS, onFebruary19, 2019, theCityCouncilcontinuedtoconductthedulynoticedpublichearingtoconsidertheEIR, DevelopmentAgreementNo. 2018-01, GeneralPlanAmendmentNo. 2018-06, andAmendmentApplicationNo. 2018-10andsolicited comments on the EIR. At themeeting, onehundredandthirty-one (131) membersofthepublicspokeontheitem, twenty-six (26) speakerssupportedtheprojectandonehundredandfive (105) speakersopposedit. Furthermore, onehundredandsixty-six (166) writtencommentswerereceivedwithnine (9) insupportandonehundredandfifty-seven (157) inopposition. Afterhearingallrelevanttestimonyfromstaff, thepublicandtheCity's consultantteam, theCityCouncilvotedthattheapplicationsgobacktothePlanningCommissionforreconsiderationafterfurtherconsultationwiththe community; and WHEREAS, inJune2019, theapplicantsubmittedarevisedplanconsistingofdevelopment347multi -familyunits (59dwellingunitsperacre), with642parkingspaces1.85parkingspacesperunit) andparkingcapacityat2.0spacesperunit, withina4- storyresidentialbuildingwrappedaroundafive -levelparkingstructurewithanamenitydeckonthesixth -level, privateopenspace, andredesignedtheintersectionofMainStreetandWalkieWay/SantiagoParkDrivetoprovideaccesstotheprojectona5.93- acre site (the "June Revised Plan"); and WHEREAS, onAugust12, 2019, thePlanningCommissionconductedadulynoticedpublichearingtoconsidertheJuneRevisedPlan. Atthemeeting, seventy- seven (77) membersoftheexpressedopposition; nine (9) supportedtheproject, and Resolution No. 2019- 107

City Council
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13 2/4/2025

onespeakerwasneutral. Inaddition, one -hundred (100) writtencommentswerereceivedwithsix (6) insupportandninety-four (94) inopposition. Afterhearingallrelevanttestimonyfromstaff, thepublicandtheCity'sconsultantteam, thePlanningCommissionvoteresultedinanimpasse; and WHEREAS, inOctober2019, inresponsetocommentsreceivedtheapplicantsubmittedafurtherrevisedplanincludingredevelopmentofthe5.93-acresitewith444,534squarefeetoftotaldevelopment, including277,281squarefeetofresidentialbuildingsthatwouldprovide256for -rentmulti -familyresidentialunitsanda167,253squarefootcentralparkingstructureanda284spacesurfacelevelparkinglotwhichalsoreducedtheProject'sheight, increasedtheProject'ssetbacks, andmodifiedtheProjectentrance ("OctoberModifiedProject"); and WHEREAS, theCityhasprepared "ClarificationstotheFinalEIR" todetermineiftheOctoberModifiedProjectwouldresultin neworsubstantiallyincreasedenvironmentaleffectsthanthoseanalyzedintheEIRsuchthattheEIRwouldrequirerecirculationpriortoitscertification; and WHEREAS, theClarificationstotheFinalEIRincludedetailedanalysis, baseduponsubstantialevidence, thatdemonstratethattheModifiedProjectwouldnotresultinanyneworsubstantiallygreaterimpactsthanaredisclosedintheEIR, nonewmitigationmeasuresbeyondthoseidentifiedintheEIRarerequired, andnoadditionalfeasiblealternativesor mitigationmeasuresconsiderablydifferentfromothers previouslyanalyzedwouldclearlylessenthesignificantenvironmentalimpactsoftheproject; and WHEREAS, onOctober28, 2019, thePlanningCommissionconductedaduly noticedpublichearingtoconsidertheEIR, DevelopmentAgreementNo. 2018-01, GeneralPlanAmendmentNo. 2018-06, andAmendmentApplicationNo. 2018-10andsolicitedcommentsontheEIR. Atthemeeting, sixty-two (62) expressedoppositionandtwo (2) inexpressedsupporttheproject. Inaddition, ninety-eight (98) individualssubmittedcommentswithninety-four (94) inoppositionandfour (4) insupport; and WHEREAS, afterhearingallrelevanttestimonyfromstaff, thepublicandthe City'sconsultantteam, thePlanningCommissionbyavoteof3:2, votedtorecommenddenialoftheproject. SincetheentitlementsrequirefinalactionbytheCityCouncil, theactionswereforwardedtotheCityCouncil; and WHEREAS, onNovember8, 2019, theCitygavepublicnoticeofaCityCouncil publichearingforconsiderationofEnvironmentalImpactReportNo. 2018-01 (StateClearinghouseNumber #2018021031) byadvertisingintheOrangeCountyRegister, anewspaperofgeneralcirculation, andbymailingtoownersofpropertyandresidentswithin500feetoftheProject; and WHEREAS, onNovember19, 2019, theCityCouncilconductedadulynoticed publichearingtoconsidertheEIR, DevelopmentAgreementNo. 2018-01, GeneralPlan Resolution No. 2019- 107

City Council
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14 2/4/2025

LS 11. 19. 19
AmendmentNo. 2018-06, andAmendmentApplicationNo. 2018-10andatwhichhearingmembersofthepublicwereaffordedanopportunitytocommentuponEnvironmentalImpactReportNo. 2018-01. Afterhearingallrelevanttestimonyfrom staff, thepublicandtheCity'sconsultantteam, theCityCouncilvotedtocertifytheEIR, adoptthefindings, thestatementofoverridingconsiderationsandthemitigationmonitoringandreportingprogramandapprovetheOctoberModifiedProject; and WHEREAS, the "EIR" consistsoftheFinalEIR, ClarificationstotheFinalEIR, andallattachmentsandappendicestoboththeFinalEIRandtheClarificationstothe FinalEIR, aswellastheDraftEIRanditsattachmentsandappendices (asmodifiedbythe Final EIR); and WHEREAS, allpotentiallysignificantadverseenvironmentalimpactsweresufficiently analyzed in the EIR; and WHEREAS, ascontainedherein, theCityCouncilhasendeavoredingoodfaithtosetforththebasisforitsdecisionandrecommendationsontheProject; and WHEREAS, alloftherequirementsofthePublicResourcesCodeandtheStateCEQAGuidelineshavebeensatisfiedbytheCityinconnectionwiththepreparationoftheEIR, whichissufficientlydetailedsothatallofthepotentiallysignificantenvironmentaleffectsoftheProjecthavebeenadequatelyevaluated; and WHEREAS, allofthefindingsandconclusionsmadebytheCityCouncilPursuanttothisResolutionarebasedupontheoralandwrittenevidencepresentedtoitasawholeandtheentiretyoftheadministrativerecordfortheProject, whichareincorporatedhereinbythisreference, andnotbasedsolelyontheinformationprovidedin this Resolution; and WHEREAS, theCityCouncilfindsthattheProject'ssignificantenvironmentalimpactsthatcannotbemitigatedtoa lessthansignificantlevelevenwiththeincorporationofallfeasiblemitigationmeasures, asidentifiedintheEIR, aredescribedinSection7oftheCEQAFindingsofFact, attachedheretoasExhibit "A"; and WHEREAS, theCityCouncilfindsthattheProject'senvironmentalimpactsthatarelessthansignificantwiththeincorporationofmitigationmeasures, asidentifiedintheEIR, aredescribedinSection8oftheFindingsofFact, attachedheretoasExhibitA"; and WHEREAS, theCityCouncilfindsthatenvironmentalimpactsthatareidentifiedintheEIRaslessthansignificantanddonotrequiremitigationaredescribedinSection9oftheFindingsofFact, attachedheretoasExhibit "A"; and WHEREAS, thecumulativeimpactsoftheProjectidentifiedintheEIRaredescribedinSection9.17oftheFindingsofFact, attachedheretoasExhibit "A'; and ResolutionNo. 2019-107

City Council
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WHEREAS, thepotentialsignificantandirreversibleenvironmentalchangesthatwouldresultfromtheproposedProjectidentifiedintheEIRandsetforthherein, aredescribedinSection10oftheFindingsofFact, attachedheretoas "ExhibitA"; and WHEREAS, theexistenceofanygrowth -inducingimpactsresultingfromthe proposedProjectidentifiedintheEIRandsetforthherein, aredescribedinSection11oftheFindingsofFact, attachedheretoasExhibit "A"; and WHEREAS, alternativestotheproposedProjectthatmightfurtherreducethe proposedProject'senvironmentalimpactsaredescribedinSection12oftheFindingsofFact, attachedheretoasExhibit "A"; and WHEREAS, priortotakingaction, theCityCouncilhasheard, beenpresentedwith, reviewedandconsideredalloftheinformationanddataintheadministrativerecord, includingbutnotlimitedtotheEIR, andalloralandwrittenevidencepresentedtoitduringallmeetingsandhearings; and WHEREAS, theEIRreflectstheindependentjudgmentoftheCityCouncilandisdeemedadequateforpurposesofmakingdecisionsonthemeritsoftheProject; and WHEREAS, nocommentsmadeinthepublichearingconductedbytheCityCouncilandnoadditionalinformationsubmittedtotheCityhaveproducedsubstantialnewinformationrequiringrecirculationoftheEIRoradditionalenvironmentalreviewoftheProjectunderPublicResourcesCodesection21092.1andStateCEQAGuidelinessection 15088.5; and WHEREAS, allotherlegalprerequisitestotheadoptionofthisResolutionhaveoccurred; and NOWTHEREFORE, THECITYCOUNCILOFTHECITYOFSANTAANADOESRESOLVE, DETERMINE, FIND, ANDORDERASFOLLOWS:

1. TheCityCouncilherebyfindsthatithasbeenpresentedwiththeEIR, whichithasreviewedandconsidered, andfurtherfindsthattheEIRisanaccurateandobjectivestatementthathasbeencompletedinfullcompliancewithCEQAandtheStateCEQAGuidelines, andthattheEIRreflectstheindependentjudgmentandanalysis of the City.

2. TheCityCouncildeclaresthatnoevidenceofnewsignificantimpactsor anynewinformationof "substantialimportance", as definedbyStateCEQAGuidelinessection15088.5, hasbeenreceivedbytheCityaftercirculationoftheDraftEIRthatwouldrequirerecirculationofthe EIR.

NOWTHEREFORE, THECITYCOUNCILHEREBY:

Resolution No. 2019-107

City Council
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16 2/4/2025

LS 11.19.19

1. AdoptstheFindingsofFact, attachedheretoandincorporatedherein as Exhibit " A."

2. CertifiestheEIRbasedontheentiretyoftherecordofproceedings.

3. AdoptstheStatementof OverridingConsiderations, attachedheretoandincorporatedhereinasExhibit "B", afterbalancingthesignificantandunavoidableaestheticimpactsoftheProjectagainstthe benefits of the Project.

4. AdoptstheMitigationMonitoringandReportingProgramattachedheretoand incorporatedhereinas Exhibit "C", consistent with PublicResourcesCodesection21081.6; makeimplementationoftheMitigationMeasurescontainedintheMitigationMonitoringandReportingProgramaconditionofapprovaloftheProject; andfindthatintheeventof anyinconsistenciesbetweentheMitigation MeasuressetforthhereinandtheMitigationMonitoringand
ReportingProgram, the MitigationMonitoringandReportingProgram shall control.

5. DirectsCitystafftocauseaNoticeofDeterminationtobefiledand postedwiththeCountyofOrangeRegistrar-Recorder/CountyClerkandtheStateClearinghousewithinfive (5) workingdaysoftheCityCouncil's final Project approval.

Section 2. INDEMNIFICATION. The Applicanthas agreedto and shall indemnify, protect, defendandholdtheCityand/oranyofitsofficials, officers, employees, agents, departments, agencies, authorizedvolunteers, andinstrumentalitiesthereof, harmlessfromanyandallclaims, demands, lawsuits, writsofmandamus, andotherproceedings (whetherlegal, equitable, declaratory, administrativeoradjudicatoryinnature), andalternativedisputeresolutionprocedures (including, butnotlimitedtoarbitrations, mediations, andsuchotherprocedures), judgments, orders, anddecisionscollectively " Actions"), broughtagainstthe City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalitiesthereof, that challenge, attack, orseektomodify, setaside, void, orannul, anyactionof, orany permitorapprovalissuedbytheCityand/oranyofitsofficials, officers, employees, agents, departments, agencies, andinstrumentalitiesthereof (includingactions approvedbythevotersoftheCity) fororconcerningtheProject, whethersuchActionsarebroughtundertheRalphM. BrownAct, CaliforniaEnvironmentalQualityAct, thePlanningandZoningLaw, theSubdivisionMapAct, CodeofCivilProceduresections1085or1094.5, oranyotherfederal, stateorlocalconstitution, statute, law, ordinance, charter, rule, regulation, oranydecisionofa courtofcompetentjurisdiction. It is expresslyagreedthattheCityshallhavetherighttoapprove, whichapprovalwillnotbeunreasonablywithheld, thelegalcounselprovidingtheCity's defense, andthatApplicantshallreimbursetheCityforanycostsandexpensesdirectlyandnecessarily incurredbytheCityinthecourseofthedefense. CityshallpromptlynotifytheApplicant Resolution No. 2019- 107

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ofanyActionbroughtandCityshallcooperatewithApplicantinthedefenseoftheAction.

Section3. EXECUTIONOFRESOLUTION. TheMayorshallsignthisResolutionandtheClerkoftheCouncilshallattestandcertifytotheadoptionthereof.

ADOPTED this 19th day of November . 2019.

APPROVED AS TO FORM:

Sonia R. Carvalho
CityAttorney
By: c
Lisa Storck
AssistantCityAttorney
AYES: Councilmembers
NOES:

ABSTAIN:

NOT PRESENT:

Councilmembers
Councilmembers
Councilmembers
Iglesias, Penaloza, SarmientoSolorio(4)
BacerraPulido Ville as 3
None ( 0)
None ( 0)

CERTIFICATEOFATTESTATIONANDORIGINALITY
I, DAISYGOMEZ, Clerkof the Council,
ResolutionNo. 2019-107to betheoriginal
Cityof SantaAnaon November19, 2019
Date: //
Resolution No. 2019- 107

do herebyattestto andcertifytheattached
resolutionadoptedby the CityCouncilof the
Daisy Gomez
Clerk of the Council
City of Santa Ana

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LS 11. 19. 19

FOR EXHIBITS

REFERENCE

LASERFICHE
Resolution No. 2019-107

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City Manager's Office
www.santa-ana.org/cm
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family Members of City Officials

AGENDA TITLE
Ordinance of the City Council of the City of Santa Ana Amending Chapter 2 of the Santa Ana Municipal Code by Adding Section 2-112 Prohibiting the Award of Agreements, Contracts, or Grants to Immediate Family Members of the Mayor, City Council Members, or City Officials

RECOMMENDED ACTION
Conduct a first reading and adopt an ordinance amending Chapter 2 of the Santa Ana Municipal Code by adding Section 2-112, which prohibits awarding agreements, contracts, or grants to immediate family members of the Mayor, City Council Members, or City Officials.

ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2-112 CONCERNING THE

PROHIBITION AGAINST AWARDING OF AGREEMENTS, CONTRACTS OR GRANTS

TO ANY IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY COUNCIL

MEMBERS, OR CITY OFFICIALS
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The proposed ordinance will add a new section, 2-112, to Chapter 2 of the Santa Ana Municipal Code prohibiting the award of agreements, contracts, or grants to immediate family members of the Mayor, City Council Members, or City Officials including appointed board and commission members, as defined under Article IV – Officers, Departments, Boards, and Commissions (Sec. 2-300 to 2-699).

Key components of the ordinance include:

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Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family Members of City Officials
February 4, 2025

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1.Description of Immediate Family Member: The ordinance provides an extensive list of relationships, including but not limited to spouses, domestic partners, parents, children, grandparents, siblings, and in-laws.

2.Description of Financial Benefit or Interest: The ordinance describes direct or indirect financial interest to include commissions, fees, share of proceeds, prospect of a promotion or future employment, a profit, or any other form of financial award.

3.Incorporation of Non-Collusion Provisions: All city agreements, contracts, and grants must include a non-collusion clause requiring compliance with Section 2-112. This applies to the primary vendor, contractor, grantee, and subcontractors. The clause will incorporate the following language, to ensure compliance with Section 2-112:
•No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this (Contract, Agreement, or Grant), or any competing Contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this (Contract, Agreement, or Grant).
•The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above.

If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Contract.
•Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the (Contract, Agreement, or Grant) where the awarding of the subcontract has any direct or indirect financial benefit or interest to an immediate family member of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code.

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Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family Members of City Officials
February 4, 2025

4 8
2 3

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 No. NS-XXX: An Ordinance of the City Council of the City of Santa Ana Amending Chapter 2 of the Santa Ana Municipal Code by Adding Section 2-112 Prohibiting the Award of Agreements, Contracts, or Grants to Immediate Family Members of the Mayor, City Council Members, or City Officials.

Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager

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SRC 2/4/25
Ordinance No. NS-xxx

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE BY ADDING A NEW SECTION 2 -112

CONCERNING THE PROHIBITION AGAINST AWARDING

OF AGREEMENTS, CONTRACTS OR GRANTS TO ANY

IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY

COUNCIL MEMBERS, OR CITY OFFICIALS

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:

Section 1. Chapter 2 of the Santa Ana Municipal Code is hereby amended by adding a new section, Section 2-112 to read as follows:

“Sec. 2-112. – Prohibition Against Awarding Agreements, Contracts or Grants to Immediate Family Members of Mayor, Council Members, or City Officials

a. “The City, and any person authorized to act on behalf of the City, is prohibited from awarding any agreement, contract, grant, or any amendment(s) to said awards, for the purpose or receipt of any financial benefit or interest, to an immediate family member of the Mayor, Council Member, or City officials, including appointed board and commission members, as defined under Article IV – Officers, Departments, Boards, and Commissions (Sec. 2-300 to 2-699).

b. For purposes of this section 2- 112, the term immediate family member shall include, but is not limited to, spouse, domestic partner, romantic cohabitant, child, stepchild, grandchild, step grandchild, parent, stepparent, mother -in- law, father-in-law, son-in-law, daughter -in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister, stepsibling, brother-in-law, and sister-in- law.
c. For purposes of this section 2-112, the term financial benefit or interest shall include any direct or indirect financial interest in the specific contract, agreement, or grant, including any commissions, fees, share of the proceeds, prospect of a promotion or future employment, a profit, or any other form of financial award.

d. The City shall incorporate into all agreements, contracts, or grants, a non- collusion provision reflecting the prohibitions detailed in Section 2-112 herein, including the requirement that any awarded Vendor, Contractor, Entity, or Grantee shall also comply with Section 2-112, and such compliance shall also involve the awarding of any subcontract for the purchase of goods or services with any funds from stemming from the contract, agreement, or grant.

Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court

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SRC 2/4/25
Ordinance No. NS-xxx

By:
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

ADOPTED this day of , 2025.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

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-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2025.

Date:

City Clerk
City of Santa Ana

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CITY ATTORNEY
Sonia R. Carvalho

CITY MANAGER
Alvaro Nuñez

CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M-31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report
DATE
February 4, 2025
TOPIC
Sanctuary Policy Advisory Group

COUNCILMEMBER-REQUESTED ITEM TITLE
Discuss and consider directing the City Manager to complete the following: (1) Reconvene the Sanctuary Policy Advisory Group within the next 30 days and provide a written update to the City Council within this same time frame; and (2) provide on-going written updates, at least once every 30 days, relating to activities undertaken by the Sanctuary Policy Advisory Group and actions taken by the City Manager or their designee in response to recommendations by the Sanctuary Policy Advisory Group.

DISCUSSION
Background
In December 2016, the City of Santa Ana adopted a resolution declaring itself a sanctuary city, reaffirming its commitment to protecting and welcoming immigrants and supporting all residents—regardless of their immigration status. This resolution was further solidified in January 2017 with the adoption of a corresponding ordinance. A key component of these policies was the establishment of the Sanctuary Policy Advisory Group ("Advisory Group"), tasked with advising the City on issues related to the sanctuary city designation and ensuring robust protections for immigrant residents.

The Advisory Group's primary responsibilities include, but are not limited to:

1.Advising the City on immigrant protections and sanctuary city policies.

2.Providing recommendations on the use and oversight of the Santa Ana Deportation Defense Fund—a legal defense fund which provides removal defense under the universal representation model to immigrants facing deportation.

Current Status
It has come to my attention that the Sanctuary Policy Advisory Group has not convened since 2020. Furthermore, no recent updates have been provided by the City Manager or designee to the City Council regarding the Advisory Group's activities or the overall status of Santa Ana’s sanctuary city initiatives. This lack of engagement and accountability pose potential risks to the continuity and effectiveness of the City’s immigrant protection measures.

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Sanctuary Policy Advisory Group
February 4, 2025

Policy Recommendations
In light of these findings, the following policy actions are recommended to ensure the revitalization of the City’s sanctuary city policies and the effective functioning of the Advisory Group:

1. Immediate Reconvening of the Sanctuary Policy Advisory Group ●Action Required: The City Manager or designee should immediately take steps to reconvene the Advisory Group. If there are vacancies within the group, these positions must be filled without delay to ensure full representation and functionality.
●Milestone: Reconvening of the Advisory Group should be completed within 30 days of this councilmember-requested item.

2. Written Update to the City Council
●Action Required: Upon reconvening the Advisory Group, and within 30 days, the City Manager or designee must provide a comprehensive written update to the City Council. This update should include, but not be limited to, the following:
○Confirmation of the Advisory Group’s reactivation.
○A list of current members, highlighting any new appointments. ○A summary of the Advisory Group’s initial actions and priorities.

3. Ongoing Reporting to the City Council
●Action Required: The City Manager or designee must provide written updates to the City Council at least every 30 days. These updates should detail:
○The activities of the Advisory Group.
○Key recommendations made by the Advisory Group.
○Specific actions taken by the City Manager or designee in response to these recommendations.
○Updates on the deportation defense fund, including performance metrics and outcomes reported by the Immigrant Defenders Law Center.

4. Reinforcement of Sanctuary City Policies
●Action Required: The Advisory Group, once reconvened, should assess the effectiveness of existing sanctuary city policies and provide recommendations for strengthening immigrant protections. These recommendations should be prioritized in collaboration with community stakeholders and legal service providers.

Conclusion
The Sanctuary Policy Advisory Group plays a vital role in upholding Santa Ana’s sanctuary city designation and ensuring that immigrant residents are protected and welcomed. The group’s inactivity since 2020, coupled with the absence of updates to the City Council, necessitates immediate action to restore its operations and transparency.

By implementing the recommended actions outlined above, the City can reaffirm its commitment to immigrant protections and foster trust within the community. It is critical that the City Manager act swiftly to ensure the continuity of these essential efforts.

SUBMITTED BY
Councilmember Jessie Lopez

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