Agenda packet — Santa Ana City Council, July 1, 2025 (part 7 of 12)

5 1
3 7
Project Milestones
Milestone Estimated Completion
Date
Notes
Administrative Startup July 2, 2025 Contract execution, bonds, insurance
Material Procurement July 28, 2025 Procurement may take place concurrently with
construction
Contractor Mobilization July 28, 2025 Start of construction activities
Project Completion October 1, 2025 Based on forty-five (45) working days
Public Outreach
The project scope spans across the stretch on Bristol Street between Santa Clara Avenue and Memory Lane, and will impact nearby businesses and residences. To ensure timely and effective communication, the following notification measures will be implemented prior to the start of construction:
•Electronic message signs will be installed two weeks in advance of construction activities to provide early notice of the project’s start date, •A project information sign will be posted at the construction site, including contact information for public inquiries,
•Residents and businesses within 1,000 feet of the project limits will receive door hanger or mailed notifications at least two weeks before construction begins, •A second round of notification will be issued 48 hours prior to the start of construction to residents and business adjacent to the limits of work, and •The City will also disseminate information through its official website and social media platforms to keep the public informed of construction activities, including any lane closures.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(b) of the CEQA Guidelines for projects consisting of repair/maintenance of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2025-32 was filed for Project 22-6990 (Exhibit 4).

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,153,688. The funds were budgeted and available in the following account for

City Council
21 –
5 7/1/2025

Construction Contract for Bristol Street Rehabilitation from Santa Clara Avenue to Memory Lane
July 1, 2025

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5 1
3 7
Fiscal Year 2024-2025 and will be carried forward for use in Fiscal Year 2025-2026, subject to City Council approval of the carryover (Exhibit 5).

The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Staff will return to City Council for authorization and appropriation of additional contingency if necessary.

The following table summarizes the funds budgeted for expenditure to deliver construction of this project.

Fiscal
Year
Accounting
Unit –
Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description Amount
Current Budget
2024-25
05917665-
66220
(22-6990)
Select Street
Construction
HUTA Gas Tax –
RMRA, Improvements
Other Than Buildings
$640,461
Reallocation
2024-25
06617647-
66301 (from
13-6433 to 25-
6427)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$513,227
TOTAL $1,153,688

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Environmental Determination

5. Capital Improvement Project Worksheet
Submitted By: Nabil Saba, P.E., Executive Director, Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
21 –
6 7/1/2025

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-6990:

Bristol Street Rehabilitation
Exhibit 1
LEGEND:
- PROJECT LIMITS

STANDARD AVE
2ND ST
EXHIBIT 1

City Council
21 –
7 7/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: :l{990 BRISTOI- SIREET Rl:llABlLlTATlO\
I ROII! SA:t IA CLARA AVt: lO llElloRY L.ANE

BID PROPOSAL
TO: CITY COLNCII. OF THE CITY OF SANTA AN.A
FROM: R.'. NoBLL' COMPANY
lemI
REQUIREI\,IENT
1'he undersigned bidder declarcs that lhc) h8!e carc'llll1 examincd the lorcation ol'thc proposcd xork. tha the; hare e\aminc{ lhc Conracr f)ocuments in its entiretl and hereb} proposcs to fumish all malerial End do allrhc uork rtquired to complete lhe said rrork in accordance sith said plans (if an! | and the specificadons for the unit priccl s) or lump sum( s ) set tirnh in the follon ing schedule:

Description Qtr t nit ['rit Pricc Amounl
cY $2lo.oo 577,700.00
Cold Mill (1")' 000 SF S 1.17 s 181,350.00
Tli 5240.00 924,000.00
T\ s 169.00 $ 338,000.00
s 8.7s g 32,375.00
5 23.00 $ 4,600.00
$ 16.00 $ 32,000.00
t,41.00 $ 10,250.00
$ 23.00 5,5,980.00
l0 PCC Bus Pad {.000 SF S22.00 S88,000.00
LA s 400.00 s 1,200.00
g 1,800.00 s 21,600.00
$ 1,320.00 $ 2,540.00
t55
{
7 8
q
2 i70Lnclassified Ercaration
r00AC Parement'J
1 0(x)Asphalt Rubber Hot Vix (ARllV)'
i.700 SFPCC Sideualk t{" )
SF6 PCC Drireual Approach 100
PCC Curb Ramp
I 1.000 SF
LTPCC Curb and Cuncr (Ttpe A-l-8)
SFa60PCC Cross-Cutter (Aneriql )
ll Root Shavet
F,.\Adjust \l atcr Vahe Frame and
Corer to Finished Crade
t-_AAdjust \l atcr I'lerer Frame and
Corer to Finished Cradcr3
EA9l{ Adjust l|anhole Framc and Cor er
P-l of P- 19
$ I,700.00 s, 1s,300.00
150
I r:

EXHIBIT 2

City Council
21 –
8 7/1/2025

Item Description Qty Unit Price
l5 Adjust OCSD Manhole Frame and
Cover
3 EA t 4,800.00
l6 Adjusr MWD Manhole Frame and
Cover
J EA $ 1,700.00
t7 Adjust Pullbox + EA g 2,700.00 g 10,800.00
l8 Rcmove and Relocate Existing Bus
Fumiture.

I LS $ 2,500.00 s 2,500.00
l9 Abandon Exisring LooPs 2 EA s200.00 s 400.00
20 Remove Tree I E,A S 6,000.00 36,000.00
2l Fumish and lnsull Traffic IooPs
E
5 EA $ 87s.00 g 4,37s.00
)) Construction Sign 1 EA $ 1,500.00 $ 3,ooo.oo
23 Signing and Sriping I LS 934,000.00
21 Construction Permit I t.s s7.380.00 $7,380.00

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 22-6990 BRISTOL STREET REHABILITATION

FROM SANTA CLARA AVE TO MEMORY LANE
Amount
g 14,400.00
g s,100.00
P-2 of P- 19
3 34,000.00
Unit

City Council
21 –
9 7/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJTCT NO.: ll{990 BRISTOL STRt:ET REHABILITATION
FROM SANI'A CLARA AVE TO IIIEMORY I.ANE
NINI IIUNDRTD TWIiNTY lWO'fl IOUSANI)

NINI HUNDR-ED FIFTY DOLLARS AND NO CENTS TOTAL BASE BID The lowest responsible bidder shall be selected bosed on the totel h&se bid. The Citl nesencs lhe right to auard the Basc Bid. and an1. all. or none ofthe add-altemate bid items (ifan1t. ' '[he quantitl for this bid itcm is shoun for bid comparison onl1. I'his bid item shall not be subjcct to the "25ouo" limit as suted in Section 7-3.5 ot'the Standard Specilications. l he aclual amounr forrhis item *ill bc dicu'tcd by thc actual quantity used. and thc Agencl N:ien es the right to increase or decrease the quantitl of this item accordingll. + This hid item is considered a Specialtl ltem pcr Scction.l-l ofthc Standard Specilications.

TIME FOR COMPLETION OF IMPROVF.MENTS AND LIOUIDATED DAMAGES The un&rsigrrd bidder hcrebl proposcs to complcte lhc \l orl lbr ihe lolal bese bid amount sho*n abore. r.r ithin Fon)-tire ({51*oAine dars aner lhe commencem€nt darc suted in the \otice to Procced.

The liquidared damages amount. in lieu o[thc amount specified in Subseoion 6-9 ofthe Standard Specifications. shall be $ 1.550 per calendar da1 .

Name of Firm R.J. ,r-0BLE COIIPANY
Signature of BIDDER x
S]'EVItrN L. MENDO:1A ICI: IDLN'I
Title
(lf an indir idual. so state. If a firm or co-punership. statc the firm namc and girc tlrc names of all individutl co-panncrs composing lhe tirm. lf a corprraliofl. $ate legal name of corporation. rnd names of Presidcnr- Sccrcuq . 'l'rcasurer and Manager. thereof. )

PLEASE SEE THE AI-TACHED LIST OF CORPORATE OFFICERS
P-3 of P- 19
5 922,950.00

City Council
21 –
10 7/1/2025

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
PROJECT 22--6990
BRlSTOL STREET REHABILITATION FROM SANTA CLARA A VENUE TO MEMORY LANE This CONSTRUCTION CONTRACT is made and entered into this 1st day of July, 2025 by and between the Cit y of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and RJ Noble Company (hereinafter "CONTRACTOR").

WI1NESSETH:

The ClTY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the Cit y Engineer of the CITY, the Bristol Street Rehabilitation from Santa Clara Avenue to Memory Lane Project (hereinafter referred to as the "WORK OF IMPROVEMENT') identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agl'eement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Nine Hundred Twenty-Two Thousand Nine Hundred Fifty Dollars and No Cents ($922,950), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Green
book: Standard Specifications for Public Works Construction.

The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any ---·· ----·--······· --·· ·

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EXHIBIT 3

City Council
21 –
11 7/1/2025

class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit ··A") including commencing construction within the time frame therein specified after issuance of a Notice to Proceed.

5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.

6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CW A), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CW A.pdf

7. CONTRACTOR shall. after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent ( I 00%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent ( I 0%) of the final contract price.

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend. indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;

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City Council
21 –
12 7/1/2025

(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier. either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
( vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other lndemnitee.

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST:

JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
✓ ;.,,,( I I/ By: .' «; u- I lf ,l(JJ,i/'/'t-,,
K;{[ E NELLES EN
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency

CITY OF SANTA ANA

ALVARO NUNEZ
City Manager
CONTRACTOR :

RJ Noble Company
X

NAM OZA
TITLE: • NT

Page 3 of 3 ends

City Council
21 –
13 7/1/2025

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Ro/Vi 188 □ J c OOtlOOI a@ a a o o a a C8C5§ ~ j [li1181J 11111101100 111 ■ 1 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ORAN GE }
05/14/2025 J. DEIONGH , NOTARY PUBLIC On ____________ before me, _ __________________ _ _ Dote Here Insert Nome and Title of the Officer
STEVEN L. MENDOZA personally appeared ___ ________ _ ______ _____ _____ __ _ Nomef'&) of Signer(1J}
who proved to me on the basis of satisfactory evidence to be the personfs) whose name(!) is~ subscribed to the within instrument and acknowledged to me that he~ y executed the same in his~ authorized capacity~ . and that by his~w signature(K) on the instrument the person~ ). or the entity upon behalf of which the person~) acted, executed the instrument. ········~ J. DEJONGH
Nctary Public • California 2 Oran5e Cccnrt S:

Cori mission :; 24,:a 11 • -
y Co,-,-.. Expires Cc: lS. 2027
Place Notary Seal and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the forego ing
paragraph is true and correct.

OPTIONAL
Completing this information con dete r alte ration of the document or fraudulent reattachment of this form to on unintended document.

Description of Attached Document
Title or Type of Document: _ _________ ________ ________ _ Document Date: _____ _ _ _ _ _ _____ _ ___ _ Number of Pages: ___ _ Signer(s) Other Than Named Above : ______ ____________ ____ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _ __________ _
D Corporate Officer - Title(s): _ _ ____ _
o Partner - o Limited o General
Signer's Name: __________ _ _
o Corporate Officer - Title(s): ______ _
o Partner - o Limited o General
o Individual o Attorney in Fact
□ Trustee o Guardian or Conservator
D Other: _____ ________ _
Signer is Representing: _____ ___ _
o Individual o Attorney In Fact
o Trustee o Guardian or Conservator
D Other: _____________ _
Signer is Representing: ________ _
OOl{ll8:0fi a □ J e g c E J : : s e e e ~ 3, i □ □ a ooo& u 1881'JI a.10011 DO J 5 It ; j §§ l'.)2019 National Notary Association

City Council
21 –
14 7/1/2025

BID PROPOSAL
CITY Of SA~T A A~A

PROPOSAL
PROJF.CT ~O.: ~:-6990 BRISTOi. S r REET Rl·.IIABILITATIO' FRO~! SA\ I A CLARA A VI. I U ~II: \!UR Y LA!I.E
TO: CITY COL',CII. OF TH[ Cl I Y OF SAN I:\ A\A
FRO\1: R.J , UBLl:. COMP A~Y

EXHIBIT A
-----------------------------
REQUIREME~T·
The undersigned bidder d1.-clares t~t the) ha\c c3rcfull) c:\.amincd the location or" the proposed \a.Ork. that me) ha\c c,amined the Contract Oocuments in its cntiret) and hereb) pnipo!>es 10 furnish all material and do all the \\Ori. required 111 complete the said \a.Ori. in accordance,, ith said plans (ifan)) and tile specification· for the unit pricc(Sl or lump sum(sl stt fonh in the follo,, ing schedule:

Item Description Q~ l'nil l"nit Price Amount
L nclassilied bca, at ion 370 CY S 210.00 S 77,700.00
:? Cold \till (:!n )• 155.000 sr S 1.17 s 181,350 .00
3 AC Pa,ement• 100 Th S 240.00 s 2-1:,000.00
4 Asphalt Rubber Hot \fa tARll\t 1• 2.000 T\ s 169.00 S 338,000.00 I
5 PCC Side\l.alk t·f'l 3.700 SF S 8.75 s 32,375.00
I
6 PCC Dri,c"a) Approach ~00 SF s 23.00 s 4,600.00
I
7 PCC Curb Ramp ~.000 SF Is 16.00 s 32,000.00
8 I PCC Curb and Gutter tT)pc A-2-81 ~50 1.F S 41.00 S 10,250.00 I I I s 5,980.00 9 PCC Cross-Gutter (Anerial I 260 SF s 23.00 10 PCC Bus Pad -tOO0 SF s 22.00 s 88,000.00
11 Root Sha.,,e• ! 3 EA j S 400.00 s 1,200.00
Adjust \\ atcr \' ah e Frame and ' I
12 , ~ !-.. \ s 1,800.00 s 21,600.00 : Co, er to Finished Grade 13 1 Adjust\\ atcr Meter Frame: and 2 EA S 1,320.00 S 2,640.00 1 CoHr 10 Finished Grade
I I ➔ Adjust \1anhok Frame and Co,cr 9 EA !s 1,700.00 s 15,300 .00 P-1 of P-I 9

City Council
21 –
15 7/1/2025

Item
IS
16 17
18 19
20 21
22 23
24 CITY OF SANT A ANA

PROPOSAL
PROJECT :--10.: 22-6990 BRISTOL STREET REHABILI TATIO'I\ FROM SA.'-TA CLARA AVE TO \1EMORY LA~ E
Description Qty Unit Unit Price
Adjust OCSD Manhole Frame and 3 EA s 4,800.00 Cover ' Adjust MWD Manhole Frame and I 3 ;
EA s 1.700.00
Cover i
I
Adjust Pullbox 4 EA s 2,700.00
Remove and Relocate Existing Bus I LS s 2,500.00
Furniture.

Abandon Existing Loops 2 EA s 200.oo
Remove Tree I EA S 6,000.00
Furnish and Install Traffic Loops 5 TypeE
EA s 875.00
Construction Sign 2 EA s 1,500.00
Signing and Striping I LS s 34.ooo.oo
I
Construction Permit I I I.S S7.380.00
P-2 of P-19
Amount
S 14.400.00
S 5,100.00
S 10,800.00
S 2,500.00
s 400.00
56,000.00
S 4,375.00
,s 3,000 .00
S 34,000.00
S7.380.00

City Council
21 –
16 7/1/2025

CITY OF SANT A ANA

PROPOSAL
PROJECT ~o .. 1::-0990 BRISTOL STRI.H REHABILITA Tio,
FROM SA'.\lA CLARA AVE 1O\11::.\IORY LA"-E
NINI IIUNllRIIJ r w 1 ..;n rwoTlltll ' \ANll
NINE IIUNORI-D Fl ~r\' DOI LAil'> AND 1'0 < fSH TOT AL BASE BID s 922,950.00 The IO\li.CSt responsible bidder shall b( seh.'1:ted based un the total base bid. The Cit) rc:,cncs the right to a"ard the Ba~ Bid. and an~. all. or none of the add-alternate bid items ( if an~ 1. • The quantit~ for this bid item is shO\\ n for bid comparison onl~. !'his bid item shall not b( subject to the ··25%" limit as stat~ in Section 7-3.5 0f the Standard Sixcilication:,. I he actual amount for this item \I, ill be dictated b~ the actual quantit~ used. and the Agenc) ~~n es the right to increase or decrease the quantit) of this item accordingl~. t This bid item is considered a Specialt~ llem ~r Sccti.:in J-2 of the tan.Jard 'ipecilkation:,.

Tl\-1E FOR COMPLETIOl\ OF l\1PRO\'EMEt\TS AND LIOL'IDATED DA\IAGl:.~ The undersigned bidder hcrcb) proposes to compkte the \\ or!,. for the total base bid amount sho" n abo\e. \\ithin Fort,-foe (45) \\QO.ing d;p ~ after the cummencement date stati:d in the , otice to Proceed.

The liquidated damages amount. in lieu of the amount ~pecified in ~ubsection 6-<l of the: Standard Specifications. shall b( S l .550 per calendar da).
ame of Firm R.J NOBLl:. COMl'A:-.:Y
Sienature ofBIDDER X ~~
T.-, TE\'E>: L ~11::Noou ~ c:~u-: 1
It C
{If an indi, idual. so state. If 3 firm or co-partnership. state the firm name .ind gi\e th( names of all indi, idual co-partners composing the: firm. If a corporation. state: legal name of corporation. and names of President. Se1:n:ta~. l reasurc:r and \lanag(r. thc:rel,f.l PLEA E 'EE THE A Tl ACHED LI T OF CORPORA fE OHICER .

P-3 of P-19

City Council
21 –
17 7/1/2025

EXHIBIT 4

City Council
21 –
18 7/1/2025

City Council
21 –
19 7/1/2025

City Council
21 –
20 7/1/2025

CITY OF SANTA ANA FY 25/26CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Reconstruction/resurfacing of existing pavement and
replacement/installation of missing or damaged, curbs, gutters, sidewalks, driveway approaches, and wheelchair ramps along Bristol Street between Santa Clara Avenue and Memory Lane.

PROJECT NEED:

This segment of roadway has been identified as a high priority by the City's Pavement Management System. The pavement is deteriorating due to weather, age, and heavy usage. Some of the adjacent curbs, gutters, driveway approaches, curb ramps, and sidewalks are also in various states of disrepair and require replacement.

PROJECT TITLE:

Bristol St Rehab: Santa Clara to
Memory Ln
PROJECT CATEGORY:

Street Improvements
Arterial Street Rehabilitation

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Gilbert Castillo, Senior Engineer 13-Jun-2025 PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 1,153,688 - - - - - -
Engineering - - - - - - -
TOTAL 1,153,688 - - - - - -
SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 RMRA SB1 640,461 - - - - - -
WATER CAPITAL 513,227 - - - - - -
TOTAL 1,153,688 - - - - - -
EXHIBIT 5

City Council
21 –
21 7/1/2025

Public Works Agency
www.santa-ana.org/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: McFadden Avenue Transit Signal Priority Project

AGENDA TITLE
Construction Contract to Vido Samarzich, Inc. for the McFadden Avenue Transit Signal Priority Pilot Project (No. 25-6031) (Non-General Fund)

RECOMMENDED ACTION

1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,972,000, which includes $1,577,600 for the construction contract, $236,640 for contract administration, inspection, and testing, and a $157,760 project contingency for unanticipated or unforeseen work.

2. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,577,600, subject to change orders, for construction of the McFadden Avenue Transit Priority Pilot Project (No. 25-6031), for a term beginning July 1, 2025 and authorize the City Manager to execute the contract.

3. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2025-42 was filed for Project No. 25-6031.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency Engineering Division (PWA) is responsible for the administration and oversight of all Capital Improvement Projects (CIP) in the City. On September 17, 2024, City Council awarded a construction contract for Standard Street and McFadden Avenue Corridor Roadway Improvements project that includes various street improvements on McFadden Avenue from Harbor Boulevard to Grand Avenue, such as new sidewalks and pavement restoration.

On October 15, 2024, City Council approved a cooperative agreement with Orange County Transportation Authority (OCTA) recognizing $3,690,000 in grant funding to

City Council
22 –
1 7/1/2025

Construction Contract for the McFadden Avenue Transit Signal Priority Project July 1, 2025

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5 1
4 8
construct the McFadden Avenue Transit Signal Priority (TSP) Pilot Project. The grant funds will allow for the City to construct a TSP Pilot Project including the design and construction of improvements at 25 bus stops along the McFadden Avenue Corridor.

The McFadden Avenue TSP Pilot Project will be delivered in two phases. On June 3, 2025, City Council awarded a contract for the first phase which is focused on technology elements, programming, and testing field devices. The recommended construction contract is the second phase and will construct physical bus stop improvements including concrete bus pads, bus shelters, and pedestrian level lighting to improve bus travel time and overall ridership experience.

The McFadden Avenue TSP Pilot Project will supplement the previously approved street improvements for McFadden Avenue by constructing transit focused improvements that will benefit the Santa Ana residents who utilize OCTA’s Route 66, one of the highest ridership bus routes in Orange County. The proposed grant funded improvements will promote transit use and will enhance OC Bus travel time, schedule reliability, and reduce fuel consumption and emissions while also maintaining traffic flow and improving corridor safety along McFadden Avenue. The construction of the bus stop improvements will be coordinated with the ongoing construction of the McFadden Avenue corridor roadway improvements to minimize disruption.

A copy of construction plans, contracts, specifications, and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located in City Hall.

Grant Funding
The City, in coordination with Orange County Transportation Authority (OCTA), received a grant from Southern California Association of Governments (SCAG) Regional Early Action Planning (REAP 2.0) program in the amount of $3,690,000 for the completion of both phases of this project. The REAP 2.0 program seeks to reduce Vehicle Miles Traveled, increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals. The grant requires that this project be completed by June 30, 2026.

Project Advertisement and Contractor Procurement
To provide an opportunity for local vendors to submit bids, the City notified a total of 46 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of three bids were received and one bid was received from a Santa Ana contractor.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on April 10, 2025 and April 17, 2025. The project was also advertised in PlanetBids from April 10, 2025 to April 30, 2025. Bids were received electronically via

City Council
22 –
2 7/1/2025

Construction Contract for the McFadden Avenue Transit Signal Priority Project July 1, 2025

Page 3 ends

5 1
4 8
PlanetBids on April 30, 2025. No bid protest was submitted by any of the bidders during the bid protest period.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Vido Samarzich, Inc. Santa Ana, CA $1,577,600
2 Excel Paving Co. Long Beach, CA $1,798,800
NR Estate Design and Construction Los Angeles, CA Non-responsive A total of three bids were received and two were deemed responsive. Vido Samarzich, Inc. submitted the lowest responsive base bid in the amount of $1,577,600 (Exhibit 2).

As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Vido Samarzich, Inc. (Exhibit 3).

Vido Samarzich, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the past five years, including Glenwood Watermain Improvements, 10th Street and Flower Street Improvements, and are currently working on the Standard and McFadden Bikeway Project. The contractor has performed satisfactorily on these projects and staff recommends awarding the construction contract to Vido Samarzich, Inc. for the construction of the Project. (Exhibit 3)
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements.

Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project.

As indicated in the Cost Analysis and as summarized in the table below, the estimated total construction delivery cost of the project is $1,972,000.

Project Item Total
Construction Contract Bid Amount $1,577,600
Construction Administration $125,420
Inspection $80,457
Testing $30,763
Project Contingencies $157,760
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,972,000
Project Schedule and Contract Time

City Council
22 –
3 7/1/2025

Construction Contract for the McFadden Avenue Transit Signal Priority Project July 1, 2025

Page 4 ends

5 1
4 8
The project completion date is January 31, 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project is 120 working days, as specified in the bid documents. Working days are counted in accordance with the City’s Standard Specifications, which exclude weekends, City-observed holidays, and inclement weather days that prevent work.

The actual completion date will depend on the contractor’s schedule, material procurement timelines, and any unforeseen delays. Based on a typical project timeline, the estimated project completion is provided below;
Project Milestones
Milestone Estimated
Completion Date
Notes
Administrative Startup July 2, 2025 Contract execution, bonds, insurance
Material Procurement July 15, 2025 Procurement will take place concurrently with construction.

Contractor Mobilization July 15, 2025 Start of construction activities Project Completion January 31, 2026 Based on 120 working days Project Phasing
The contractor will be constructing this project in coordination with the McFadden Avenue Street Improvement project in the following phases:

1. Phase I: Concrete bus pad construction

2. Phase II: Bus shelter and lighting installation

3. Phase III: Installation of bus stop amenities and technology devices Public Outreach
The project scope overlaps with the existing McFadden Avenue street improvement project and occur concurrently and having benefited from outreach performed associated with the street improvement project. The project will impact nearby businesses and residences. To ensure timely and effective communication, the following notification measures will be implemented prior to the start of construction:
•Electronic message signs will be installed two weeks in advance of construction activities to provide early notice of the project’s start date, •A project information sign will be posted at the construction site, including contact information for public inquiries,
•Residents and businesses within 1,000 feet of the project limits will receive door hanger or mailed notifications at least two weeks before construction begins •A second round of notification will be issued 48 hours prior to the start of construction to residents and business adjacent to the limits of work, and

City Council
22 –
4 7/1/2025

Construction Contract for the McFadden Avenue Transit Signal Priority Project July 1, 2025

Page 5 ends

5 1
4 8
•The City will also disseminate information through its official website and social media platforms to keep the public informed of construction activities, including any lane closures.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(b) of the CEQA Guidelines for projects consisting of repair/maintenance of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines and Categorical Exemption Environmental Review No. ER-2025-42 was filed for Project 25-6031 (Exhibit 4).

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,972,000. All funds are available for expenditure in Fiscal Year 2025-26.

Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval to carry forward to Fiscal Year 2026-2027. (Exhibit 5).

The following table summarizes the funds budgeted for expenditure to deliver construction of this project.

Fiscal Year
Accounting
Unit -
Account #
Fund
Description Accounting Unit,
Account Description Amount
2025-26 14717613-
66220
(25-6031)
Street Safety
Programs
Regional Early Action
Planning Grant,
Improvements Other
Than Buildings
$1,972,000
Total: $1,972,000

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Environmental Determination

5.Capital Improvement Project Worksheet
Submitted By: Nabil Saba, P.E., Executive Director, Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
22 –
5 7/1/2025

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 25-6031:

McFadden Avenue Transit Signal Priority Project
Exhibit 1
LEGEND:
- PROJECT LIMITS

STANDARD AVE
2ND ST
EXHIBIT 1

City Council
22 –
6 7/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 25-6031

MCF'ADDEN AVENUE TRANSIT SIGNAL PRIORITY PROJECT

BID PROPOSAL
TO: CITY COUNCIL OF,TI.IE CITY OF SANTA ANA
FROM: Vido Samarzich, lnc.

REQUIREMENT:

The undersigned bidder declares that they have carefully exarnir-red the location of the proposed work, that they have examined the Contract Documents in its entirety and l'rereby proposes to furnish all material and do all the work required to cornplete the said work in accordance with said plans (if any) and the specifications for the r-rnit price(s) or lr,rmp snrn(s) set fbrth in the following schedule:

Item Description Qty IInit Unit Price Amount
1 Furnish & Install Trar,sit
Advertising Shelter
13 EA $ $
2 Furnish & Install Solar Power for
Transit Shelters 25 EA $ $
J Furnish & Install Trarrsit Non-
Advertising Slielter 12 EA $ $
4 Fr"rrrrish & Install Steel Bench
(lncluding Secure Nuts) 25 EA $ $
5 Fumish & Install 32 Gallon Trash
Receptacle (lncluding Secure
Nuts & Master Padlock)
25 EA $ $
6 PCC Sidewalk (T:6";* 6,800 SF $ $
7 Install New Bus Padr' 6,000 SF $ $
8 Remove & Salvage Existirrg
Shelter* I EA $ $
9 Remove & Salvage Existing
Bench* 25 EA $ $
10 Remove & Salvage Existing
Trash Receptacle* 25 EA $ $
ll Furnish & Install New Water
Meter Frame and Cover 6 E,A $ $
t2 Signing & Striping 1 LS $ $
13 Furnish and Install Solar Powered
Street Light Pole and Foundation 25 EA $ $
P-1 ofP-19
6,000.00
150,000.00
3,500.00
87,500.00
3,800.00
95,000.00

17.00 115,600.00
4,000.00
4,000.00
750.00
18,750.00
300.00
7,500.00
1,500.00
9,000.00
15,000.00
15,000.00
11,000.00
275,000.00
20,000.00
260,000.00
19,000.00
228,000.00

42.75 256,500.00

City Council
22 –
7 7/1/2025

CITY OF SANTA ANA

PROPOSAL
PITOJECT NO.: 25-6031

MCFADDEN AVENUE TRANSIT SIGNAL PRIORITY PROJECT
Item Description Qty Unit Unit Price Amount
14 Pothole Street I.ight Pole
Location 25 EA $ $
15 Constnrction Perrnit 1 LS $ 7,000 $ 7,000
16 Project Advertisement Sign 2 EA $ $

BID ALTERNATES
Item Description Qty Unit Unit Price Amount
1 Fumish and Deliver Solar
Powered Street [,ielit Pole 5 EA $ $
P-2 of P-19
1,750.00
2,500.00
5,000.00
43,750.00
9,500.00
47,500.00

City Council
22 –
8 7/1/2025

CITY OF SANTA ANA

PROPOSAL
PRO.IECT NO.: 25-6031

MCFADDEN AVENUE TRANSIT SIGNAL PRIORITY PROJECT
TOTAL BASE BID $
TOTAL ADD ALTERNATE BID $
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alteurate bid iterns (if any). * The quantity for this bid item is shown for bid cornparison only. This bid item shall not be subject to the "25yo" limit as stated in Section 7-3.5 of the Standard Specifications. Tl"re actual amount fbr this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.

TIME FOR COMPLETION OF IMPROVEMEN'IS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within One-Hundred Twenti, (120) workine days after the commencement date stated in the Notice to Proceed. Llpon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time items (Street Light Poles, Tolar Bus Shelters (Ad & Non-Ad), Solar Powers, Trash Receptacles. and Benches).

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,650 per calendar day.

Name of Firm
Signature of BIDDER
Title Vice President
(lf an individual, so state. If a firm or co-partnership, state the flrm name and give the names of all individual co-partners composing the finl. If a corporatiorr, state legal name o1'corporatior-r, and names of President, Secretary, lreasurer and Manager, thereof.) Corporation: Vido Samarzrch, lnc.

President: Vido Samarzich
Vice President: Vido L. Samarzich
Secretary: Monika Samarzich
P-3 of P-19
1,577,600.00
1,625,100.00

City Council
22 –
9 7/1/2025

CITY OF SANTA ANA

CONSTRUCTION CONTRACT

Page 1 of 3 ends

PROJECT 25-6031

MCFADDEN AVENUE TRANSIT SIGNAL PRIORITY PROJECT
This CONSTRUCTION CONTRACT is made and entered into this 1st day of July, 2025 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Vido Samarzich, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the McFadden Avenue Transit Signal Priority Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
 Notice Inviting Bids
 Information to Bidders
 Bid Proposal
 Bid Bond
 Contract Form
 Contract Bonds
 General Provisions
 Special Provisions
 Technical Provisions and Project Plans
 Community Workforce Agreement
 Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Five Hundred Seventy-Seven Thousand Six Hundred Dollars and No Cents ($1,577,600), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.

EXHIBIT 3

City Council
22 –
10 7/1/2025

Page 2 of 3 ends

4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.

6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf

7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:

(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents;

City Council
22 –
11 7/1/2025

Page 3 of 3 ends

(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST: CITY OF SANTA ANA
ALVARO NUÑEZ
City Manager
CONTRACTOR:

Vido Samarzich, Inc.

NAME:

JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:

Assistant City Attorney TITLE:

RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency
Kyle Nellesen
Vido L. Samarzich
Vice President
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.06.16
08:45:35 -07'00'

City Council
22 –
12 7/1/2025

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 25-6031

MCF'ADDEN AVENUE TRANSIT SIGNAL PRIORITY PROJECT

BID PROPOSAL
TO: CITY COUNCIL OF,TI.IE CITY OF SANTA ANA
FROM: Vido Samarzich, lnc.

REQUIREMENT:

17.00 115,600.00
4,000.00
4,000.00
750.00
18,750.00
300.00
7,500.00
1,500.00
9,000.00
15,000.00
15,000.00
11,000.00
275,000.00
20,000.00
260,000.00
19,000.00
228,000.00

42.75 256,500.00

City Council
22 –
13 7/1/2025

CITY OF SANTA ANA

PROPOSAL
PITOJECT NO.: 25-6031

BID ALTERNATES
Item Description Qty Unit Unit Price Amount
1 Fumish and Deliver Solar
Powered Street [,ielit Pole 5 EA $ $
P-2 of P-19
1,750.00
2,500.00
5,000.00
43,750.00
9,500.00
47,500.00

City Council
22 –
14 7/1/2025

CITY OF SANTA ANA

PROPOSAL
PRO.IECT NO.: 25-6031

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,650 per calendar day.

President: Vido Samarzich
Vice President: Vido L. Samarzich
Secretary: Monika Samarzich
P-3 of P-19
1,577,600.00
1,625,100.00

City Council
22 –
15 7/1/2025

EXHIBIT 4

City Council
22 –
16 7/1/2025

City Council
22 –
17 7/1/2025

City Council
22 –
18 7/1/2025

EXHIBIT 5

City Council
22 –
19 7/1/2025

Public Works Agency
www.santa-ana.org/pw
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: Local Street Preventative Maintenance FY 24-25

AGENDA TITLE
Construction Contract with Onyx Paving Company, Inc. for the Local Street Preventative Maintenance FY 24-25 Project (No. 25-6907) (Non-General Fund)

RECOMMENDED ACTION

1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,735,000, which includes $2,988,000 for the construction contract, $448,200 for contract administration, inspection, and testing, and a $298,800 project contingency for unanticipated or unforeseen work.

2. Award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,988,000, subject to change orders, for construction of the Local Street Preventative Maintenance FY 24-25 Project (No. 25-6907), for a term beginning July 1, 2025, and authorize the City Manager to execute the contract.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s Engineering Services Division (PWA) is responsible for the administration and oversight of all Capital Improvement Projects (CIP) in the City. PWA engineering staff utilizes a comprehensive Pavement Management Program which accounts for pavement condition, age, and usage among other factors, in order to prioritize and make informed recommendations for street improvement projects. As part of the fiscal year 2024-25 budget adoption, the City Council approved the CIP which included funding the annual local street preventive maintenance project to preserve the quality of the City's street network. The local street segments recommended for this project have been identified as high priority for slurry seal and preventative maintenance (Exhibit 1). The recommended work consists of localized replacement of asphalt concrete pavement, cold mill, asphalt overlay, slurry seal, crack sealing, striping,

City Council
23 –
1 7/1/2025

Local Street Preventative Maintenance FY 24-25
July 1, 2025

Page 2 ends

5 1
4 9
signage, and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these changes will improve the City's overall pavement condition, enhance the visual appearance of the street, upgrade ride quality, drainage, and support compliance with Americans with Disabilities Act (ADA) standards.

Project Advertisement and Contractor Procurement
To provide an opportunity for local vendors to submit bids, the City notified a total of 42 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of seven bids were received and one bid was received from a Santa Ana contractor.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on April 30, 2025. The project was also advertised in PlanetBids from April 30, 2025 to May 15, 2025. Bids were received electronically via PlanetBids on May 15, 2025. No bid protest was submitted by any of the bidders during the bid protest period.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Onyx Paving Company, Inc. Anaheim, CA $2,988,000
2 All American Asphalt Corona, CA $3,115,115
3 Hardy & Harper, Inc. Lake Forest, CA $3,167,000
4 Vido Samarzich, Inc. Santa Ana, CA $3,222,800
5 Excel Paving Co. Long Beach, CA $3,398,870
6 R.J. Noble Company Orange, CA $3,525,445
7 Pub Construction Inc. Diamond Bar, CA $4,846,600
A total of seven bids were received and seven were deemed responsive. Onyx Paving Company, Inc. submitted the lowest responsive base bid in the amount of $2,988,000 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Onyx Paving Company, Inc. (Exhibit 3).

Onyx Paving Company, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the past five years, including the Residential Street Repair Program and Fremont Elementary and Villa Fundamental Intermediate Safe Routes to School projects. The contractor satisfactorily completed these projects and staff

City Council
23 –
2 7/1/2025

Local Street Preventative Maintenance FY 24-25
July 1, 2025

Page 3 ends

5 1
4 9
recommends awarding the construction contract to Onyx Paving Company, Inc. for the construction of this Project.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements.

Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project.

As indicated in the Cost Analysis and as summarized in the table below, the estimated total construction delivery cost of the project is $3,735,000.

Project Item Total
Construction Contract Bid Amount $2,988,000
Construction Administration $239,040
Inspection $149,400
Testing $59,760
Project Contingencies $298,800
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $3,735,000
Project Schedule and Contract Time
The project completion date is October 29, 2025, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project is 65 working days, as specified in the bid documents. Working days are counted in accordance with the City’s Standard Specifications, which exclude weekends, City-observed holidays, and inclement weather days that prevent work.

Project Milestones
Milestone Estimated
Completion Date
Notes
Administrative Startup July 2, 2025 Contract execution, bonds, insurance

City Council
23 –
3 7/1/2025

Local Street Preventative Maintenance FY 24-25
July 1, 2025

Page 4 ends

5 1
4 9
Milestone Estimated
Completion Date
Notes
Material Procurement July 28, 2025 Procurement may take place concurrently with construction.

Contractor Mobilization July 28, 2025 Start of construction activities Project Completion October 29, 2025 Based on 65 working days Project Phasing
The contractor will be constructing this project in the following phases:

1. Phase I: Localized asphalt repairs, curb, gutter, sidewalk, and ramp repairs and upgrades.

2. Phase II: Performing grind and asphalt capping and installing slurry seal.

3. Phase III: Installation of roadway markings and signs Public Outreach
The project scope spans across multiple neighborhoods with the majority of the work in the Madison Park and Delhi neighborhoods, and will impact nearby businesses and residences. To ensure timely and effective communication, the following notification measures will be implemented prior to the start of construction:
•Electronic message signs will be installed two weeks in advance of construction activities to provide early notice of the project’s start date, •A project information sign will be posted at the construction site, including contact information for public inquiries,
•Residents and businesses within 1,000 feet of the project limits will receive door hanger or mailed notifications at least two weeks before construction begins •A second round of notification will be issued 48 hours prior to the start of construction to residents and business adjacent to the limits of work, and •The City will also disseminate information through its official website and social media platforms to keep the public informed of construction activities, including any lane closures.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) of the CEQA Guidelines for projects consisting of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The proposed project continues to meet these parameters of the CEQA Guidelines and Categorical Exemption Environmental Review No. ER-2025-13 was filed for Project 25-6907 (Exhibit 4).

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $3,735,000. The funds were budgeted and available in the following account

City Council
23 –
4 7/1/2025

Local Street Preventative Maintenance FY 24-25
July 1, 2025

Page 5 ends

5 1
4 9
for Fiscal Year 2024-25 and will be carried forward for use in Fiscal Year 2025-26, subject to City Council approval of the carryover (Exhibit 5).

A total of $385,000 in unspent funds from Project 24-6907 Local Street Preventative Maintenance will also be reallocated to this project.

The following table summarizes the funds budgeted for expenditure to deliver construction of this project.

Fiscal
Year
Accounting
Unit –
Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description Amount
Current Budget
2024-25 03217662-66220
(25-6907)
Measure M –
Street
Construction
Measure M2 Local
Fairshare St,
Improvements Other
Than Buildings
$3,350,000
Reallocation
2024-25
03217662-66220
(from 24-6907 to
25-6907)
Measure M –
Street
Construction
Measure M2 Local
Fairshare St,
Improvements Other
Than Buildings
$385,000
TOTAL $3,735,000

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Environmental Determination

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

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23 –
5 7/1/2025

EXHIBIT 1

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6 7/1/2025

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7 7/1/2025

City Council
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8 7/1/2025

City Council
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9 7/1/2025

EXHIBIT 3

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10 7/1/2025

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11 7/1/2025

Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.06.16
09:46:27 -07'00'

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12 7/1/2025

City Council
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13 7/1/2025

City Council
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14 7/1/2025

City Council
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15 7/1/2025

City Council
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16 7/1/2025

EXHIBIT 4

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17 7/1/2025

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18 7/1/2025

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19 7/1/2025

CITY OF SANTA ANA FY 24/25CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

This project provides for the application of crack seal and slurry seal to various streets citywide with minor coldmill and removal and replacement of asphalt concrete pavement.

PROJECT NEED:

The City's Pavement Management Program has been developed to identify the preventative maintenance requirements for the City's street network. The application of a surface seal to streets with improvements constructed in the last 10 years will ensure a high level of service for years to come.

PROJECT TITLE:

Local Street Preventative
Maintenance
PROJECT CATEGORY:

Street Improvements
Local Street Resurfacing

LOCATION MAP

CITYWIDE
AGENCY: DIVISION: CONTACT:

Public Works CIP Engineering Alex Bangean, Senior Civil Engineer PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 3,350,000 3,350,000 3,350,000 3,350,000 3,350,000 3,350,000 3,350,000 Engineering 150,000 150,000 150,000 150,000 150,000 150,000 150,000 TOTAL 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 M2 LOCAL FAIRSHARE 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 TOTAL 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 25 EXHIBIT 5

City Council
23 –
20 7/1/2025

City Manager’s Office
www.santa-ana.org/cm
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: Appointment of Police Oversight Director and Agreement

AGENDA TITLE
Resolution Appointing T. Jack Morse of Oppenheimer Investigations Group LLP as Police Oversight Director and Consultant Agreement for Police Oversight Director Services

RECOMMENDED ACTION

1. Adopt a resolution appointing T. Jack Morse of Oppenheimer Investigations Group LLP as the City of Santa Ana’s Police Oversight Director and approving the Professional Services Agreement to provide Police Oversight Director services in accordance with Santa Ana Municipal Code Section 2-666.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPOINTING A POLICE OVERSIGHT DIRECTOR

TO ASSIST THE POLICE OVERSIGHT COMMISSION AND APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE ENGAGEMENT OF T. JACK

MORSE THROUGH OPPENHEIMER INVESTIGATIONS GROUP LLP

2. Approve consultant agreement with Oppenheimer Investigations Group LLP, to provide Police Oversight Director services, for an amount not to exceed $250,000, for a term of two years beginning July 1, 2025 (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On November 15, 2022, the Santa Ana City Council adopted an ordinance establishing a Police Oversight Commission (Ordinance), Ordinance No. NS-3029.

Section 2-666 of the Ordinance provides that the City Council shall appoint a Police Oversight Director to assist the Police Oversight Commission in carrying out its responsibilities. The Police Oversight Director is a key position to promote independent oversight, strengthen public trust, and ensure accountability in policing practices.

Following a competitive Request for Proposal (RFP No. 23-121), City Council evaluated

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Appointment of Police Oversight Director and Professional Services Agreement July 1, 2025

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5 1
7 6
proposals and desires to appoint Oppenheimer Investigations Group LLP, represented by T. Jack Morse, Esq., selected for their expertise in police oversight and independent investigations.

The Consultant Agreement outlines the scope of services, including:
•Independent review and investigation of complaints against the Santa Ana Police Department
•Attendance at Police Oversight Commission meetings
•Timely response to community concerns and complaints
•Preparation of investigative reports and policy recommendations •Collaboration with City staff on relevant ordinances, policies, and procedures The total compensation under the agreement shall not exceed $250,000 over the two- year term, including any extension periods, as amended in writing.

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

FISCAL IMPACT
The total cost of the Professional Services Agreement is not to exceed $250,000 over a two-year term. The costs for professional services will be paid out of the City Attorney’s General Fund Budget (Account No. 01108032-62302). Funding for the first fiscal year is included in the FY 2025-26 Adopted Budget. Future allocations will be requested in subsequent fiscal years, subject to City Council approval.

EXHIBIT(S)

1. Resolution Appointing Police Oversight Director

2. Consultant Agreement
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager

City Council
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2 7/1/2025

Resolution No. 2025-XXX

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JTM/LR 6/24/2025
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPOINTING A POLICE OVERSIGHT

DIRECTOR TO ASSIST THE POLICE OVERSIGHT

COMMISSION AND APPROVING A PROFESSIONAL
SERVICES AGREEMENT FOR THE ENGAGEMENT OF T.

JACK MORSE THROUGH OPPENHEIMER INVESTIGATIONS

GROUP LLP

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

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. Section 2-666 of the Santa Ana Municipal Code provides that the City Council shall appoint a Police Oversight Director to assist the Police Oversight Commission in performing its duties and exercising its powers.

B. Section 2-666 also states that the Police Oversight Director may be engaged through a professional services agreement.

C. The City issued a Request for Proposals (“RFP”) for services for the Police Oversight Director.

D. The City Council evaluated the proposals submitted in response to the RFP.

E. The City Council desires to appoint T. Jack Morse by adopting this Resolution and approving a professional services agreement.

Section 2. The City Council hereby appoints T. Jack Morse of the Oppenheimer Investigations Group LLP to serve as the City’s Police Oversight Director.

Section 3. T. Jack Morse shall perform his duties as set forth in the City Charter, the Santa Ana Municipal Code and the professional services agreement attached hereto as Exhibit A and incorporated herein by reference.

Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

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Resolution No. 2025-XXX

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ADOPTED this ____ day of July 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:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

CERTIFICATE OF ATTESTATION AND ORIGINALITY
Date: ________________ ____________________________________ City Clerk
City of Santa Ana

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Resolution No. 2025-XXX

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EXHIBIT A

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA ANA AND
T. JACK MORSE OF OPPENHEIMER INVESTIGATIONS GROUP LLP

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CONSULTANT AGREEMENT BETWEEN OPPENHEIMER INVESTIGATIONS

GROUP LLP AND THE CITY OF SANTA ANA FOR POLICE OVERSIGHT

DIRECTOR SERVICES
THIS AGREEMENT is made and entered into on this 1st day of July, 2025 by and between Oppenheimer Investigations Group LLP, a California limited liability partnership f/s/o T. Jack Morse, Esq. (“Consultant”), and the C ity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City issued Request for Proposal (“RFP”) No. 23-121, by which it sought consultants to pro vide Police Oversight Director services on behalf of the City ’s Police Oversight Commission.

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the service s described in the scope of work that was included in RFP No. 23-121.

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

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

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the Police Oversight Director services and duties set forth in Santa Ana Municipal Code §§ 2-660, et seq., as may be amended from time to time, and as further set forth in Exhibit A – Scope of Services, attached hereto and incorporated herein.

In the event the services described in Exhibit A conflict with any provision of the Santa Ana Municipal Code, as may be amended from time to time, the Santa Ana Municipal Code shall supersede and control the applicable scope of Consultant’s services under this Agreement.

It is further understood and agreed to between the parties that T. Jack Morse, Esq. of Oppenheimer Investigations Group LLP shall at all relevant times act as the City’s Police Oversight Director, and the roles and responsibilities of Police Oversight Director described herein shall not be delegated or assigned to any other individual, regardless of their affiliation with Oppenheimer Investigations Group LLP.

It is further understood and agreed to by the parties that Consultant shall first utilize and employ the services of City staff members directly assigned to assist Consultant in performing its

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duties prior to engaging the services of any professional staff members referenced in Exhibit A and Exhibit B – Fees and Costs, attached hereto and incorporated herein. In the event City staff is unable to assist Consultant in performing a particular task or service, Consultant shall obtain prior approval from the City Attorney’s Office or City Manager’s Office before engaging the services of its professional staff members referenced in Exhibits A and B.

2. COMPENSATION

a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation for these services shall not exceed the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) during the te rm of the Agreement, including any extension periods , amended in writing.

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

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

3. TERM

This Agreement shall commence on the date first written above for a two (2) year term , unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR

Consultant shall, during the entire term of this Agreement, be construed to be an independent 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 relationsh ip, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS

This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property

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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 sub contractor prepares under this Agreement.

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

6. INSURANCE

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

Minimum Scope and Limit of Insurance.
• 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 $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the e vent Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
• Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.
• If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader covera ge and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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

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• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work p erformed by Consultant under this Agreement.
• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • 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.
• 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 project must be included in the Description of Operations section of each certificate.

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

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

Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

7. INDEMNIFICATION

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

8. INTELLECTUAL PROPERTY INDEMNIFICATION

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

9. RECORDS

Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from th e 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 d ocuments created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

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10. CONFIDENTIALITY

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

11. CONFLICT OF INTEREST CLAUSE

Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

12. NON-DISCRIMINATION

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

13. EXCLUSIVITY AND AMENDMENT

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

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14. ASSIGNMENT

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

15. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the City Manager 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 unles s prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER

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

17. JURISDICTION - VENUE

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

18. PROFESSIONAL LICENSES

Consultant shall, throughout the term of this Agr eement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and

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in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE

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

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988

With courtesy copies to:

City Manager’s Office
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702

To Consultant:

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

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of Oppenheimer Investigations Group LLP
Attn: Vida Thomas, Managing Partner
1300 Clay Street, Suite 600
Oakland, California 94612
Email: [email protected]

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this Agreement, and shall indemnify City fully, including reas onable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

ATTEST: CITY OF SANTA ANA

Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager

APPROVED AS TO FORM: OPPENHEIMER INVESTIGATIONS
SONIA R. CARVALHO GROUP, LLP
City Attorney

By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#

Vida Thomas
Managing Partner

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EXHIBIT A

SCOPE OF SERVICES

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SCOPE OF SERVICES

In addition to those services specifically enumerated in Santa Ana Municipal Code §§ 2-660, et seq., as may be amended from time to time, Consultant shall provide the following services:

• Accept and respond to phone calls and emails from City staff related to non-investigative matters.
• Provide City staff with advice related to non-investigative matters. • Attend Police Oversight Commission meetings.
• Consult with City staff on the interpretation and/or implementation of police related City ordinances, policies, or procedures; or relevant state and federal law(s). • Review of body worn camera footage for non-investigative matters. • Acknowledge receipt of any new complaint, claim, or other assignment as soon as possible, and no later than within 24 hours.
• Accept and respond to phone calls from City staff related to investigative matters. • Where a complaint has been ﬁled by a member of the community, Consultant will contact the complainant within three days of Oppenheimer Investigations Group LLP’s (“OIG”) receipt of the complaint.
• Coordinate with the Commission and Santa Ana Police personnel to obtain relevant information, including incident reports, CAD data, and body worn camera footage, if applicable.
• When warranted, conduct t imely i nterview(s) of complainants, witnesses and subjects. Consultant will be available to conduct interviews in person, but may also conduct witness interviews via telephone or videoconference. • When warranted, a fter interviewing the complainant, Consultant will confirm that the conduct complained of, if true, would violate the law or Santa Ana Police Department policy. If not, the Consultant will recommend that the matter be handled without a formal investigation.
• Regarding interviews of sworn peace officers , Consultant will comply with all requirements of the Peace Officers’ Bill of Rights contained within California Government Code §§ 3300 et seq.
• Review of any applicable incident reports, CAD data, emails, texts, policies, and other documents.
• Analysis of oﬃcers’ body worn camera or other video for investigative matters. • Review of any additional relevant evidence an investigation uncovers. • Assessment of witness credibility, including an individual’s opportunity or capacity to observe; consistent and inconsistent statements; corroboration (or lack thereof); patterns of conduct; plausibility; bias; and one’s motivation to lie,

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fabricate, or exaggerate. Consultant compiles and evaluates all evidence in order to draft ﬁndings based on a preponderance of the evidence. • Consultant will prepare a draft report to the Commission for review before finalizing, to ensure that the report covers what the Commission expected and is clear. Should the Commission desire that any clarifications be made, Consultant will d o so. However, the findings will remain the same. Consultant will then submit a final report with findings and recommendations, orally and in writing, to the Commission.
• Conduct intermittent audits and review citizen complaints and officers’ use -of- force reports to determine, for example, whether death or great bodily injury was caused by direct police action. Consultant will prepare a written report of each investigation that includes factual background, relevant evidence, analysis, findings, and recommendations.
• Prepare or review amendments to police related City ordinances, policies, or procedures. • Prepare or review new police related City ordinances, policies, or procedures. • Prepare memorandums regarding police related City ordinances, polices, or procedures; or relevant state and federal law(s) affecting police related matters. • As limited by Section 1 of this Agreement, Consultant may utilize the services of OIG partners and senior attorneys to review work product, where warranted. • As limited by Se ction 1 of this Agreement, Consultant may also utilize the services of junior OIG attorneys and other OIG staff members to assist with interviewing witnesses, analyzing data, or where Spanish language services are needed.
• Review and evaluate completed internal affairs investigations, and provide analysis to the Commission regarding the findings of said investigations and/or provide recommendations for future action.
• Consultant will be readily available for on-site project management, interviews, meetings with the Commission and City Council, and additional investigatory work.
• Non-routine work of a specialized nature.
• Other services, as mutually agreed to by the parties.

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17 7/1/2025

EXHIBIT B

FEES AND COSTS

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18 7/1/2025

FEES & COSTS

Attorney Primary Role Rate
Partners Supervision/substantive report edits $395/hour Jack Morse, Team Lead Primary Investigator $355/hour
Senior Attorneys Substantive report review/edits $355/hour Junior Attorneys Secondary Investigator $315/hour
Writers/Editors/Admin Staff Copy Edits/Data Collection $195/hour

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Page 1 of 9 ends

CONSULTANT AGREEMENT BETWEEN OPPENHEIMER INVESTIGATIONS

GROUP LLP AND THE CITY OF SANTA ANA FOR POLICE OVERSIGHT

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the service s described in the scope of work that was included in RFP No. 23-121.

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:

It is further understood and agreed to by the parties that Consultant shall first utilize and employ the services of City staff members directly assigned to assist Consultant in performing its

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Page 2 of 9 ends

2. COMPENSATION

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

3. TERM

This Agreement shall commence on the date first written above for a two (2) year term , unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR

5. OWNERSHIP OF MATERIALS

This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property

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Page 3 of 9 ends

6. INSURANCE

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

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Page 4 of 9 ends

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Page 5 of 9 ends

7. INDEMNIFICATION

8. INTELLECTUAL PROPERTY INDEMNIFICATION

9. RECORDS

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Page 6 of 9 ends

10. CONFIDENTIALITY

11. CONFLICT OF INTEREST CLAUSE

12. NON-DISCRIMINATION

13. EXCLUSIVITY AND AMENDMENT

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Page 7 of 9 ends

14. ASSIGNMENT

15. TERMINATION

16. WAIVER

17. JURISDICTION - VENUE

18. PROFESSIONAL LICENSES

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Page 8 of 9 ends

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

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988

With courtesy copies to:

City Manager’s Office
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702

To Consultant:

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Page 9 of 9 ends

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

ATTEST: CITY OF SANTA ANA

Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager

APPROVED AS TO FORM: OPPENHEIMER INVESTIGATIONS
SONIA R. CARVALHO GROUP, LLP
City Attorney

By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#

Vida Thomas
Managing Partner

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28 7/1/2025

EXHIBIT A

SCOPE OF SERVICES

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29 7/1/2025

SCOPE OF SERVICES

In addition to those services specifically enumerated in Santa Ana Municipal Code §§ 2-660, et seq., as may be amended from time to time, Consultant shall provide the following services:

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EXHIBIT B

FEES AND COSTS

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FEES & COSTS

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City Manager’s Office
www.santa-ana.org/cm
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: Resolution Supporting Assembly Bill 91 (MENA Act)

AGENDA TITLE
Resolution Supporting Assembly Bill 91 - Middle Eastern and North African (MENA) Inclusion Act

RECOMMENDED ACTION
Adopt a resolution supporting Assembly Bill 91, the Middle Eastern and North African (MENA) Inclusion Act, which requires state and local agencies to collect and report disaggregated demographic data for MENA populations.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA SUPPORTING THE MIDDLE EASTERN AND NORTH AFRICAN INCLUSION ACT (ASSEMBLY BILL 91)
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City of Santa Ana is a diverse and inclusive community that is enriched by the cultural, economic, and civic contributions of residents from all backgrounds. The Middle Eastern and North African (MENA) community is an integral part of this diversity and plays a significant role in the city's social and economic life.

Despite their growing presence, MENA individuals have historically been underrepresented in demographic data collection due to the absence of a specific racial or ethnic classification in state and federal reporting systems. This lack of accurate representation presents barriers for the MENA community in accessing public services, educational resources, health care, and other critical programs.

Assembly Bill 91, authored by Assemblymember John Harabedian, seeks to address this issue by requiring state and local agencies that collect demographic data to include specific MENA categories and report this data in demographic summaries starting January 1, 2027. This bill is a critical step toward promoting equity, accurate

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25 –
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Resolution Supporting Assembly Bill 91 (MENA Act)
July 1, 2025

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5 1
7 5
representation, and improved access to services for the MENA community.

The proposed resolution formally supports AB 91 and recognizes the MENA community as a distinct racial and ethnic group, affirming the City of Santa Ana’s commitment to equity, inclusion, and the fair treatment of all its residents.

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

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

EXHIBIT(S)

1. Resolution No. 2025-XXX Supporting the Middle Eastern and North African Inclusion Act (Assembly Bill 91)
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager

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25 –
2 7/1/2025

Resolution No. 2025-XXX

Page 1 of 2 ends

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA SUPPORTING THE MIDDLE EASTERN AND
NORTH AFRICAN INCLUSION ACT (ASSEMBLY BILL 91)

WHEREAS, the City of Santa Ana is a diverse, inclusive, and welcoming community that values the cultural, economic, and social contributions of all its residents, regardless of racial, ethnic, or cultural background; and

WHEREAS, the City of Santa Ana is home to a growing Middle Eastern and North African (MENA) community composed of individuals of different nationalities, ancestries, and origins from the MENA region, who contribute significantly to the city’s economy, culture, and civic life; and

WHEREAS, data from the U.S. Census and other agencies has historically undercounted the MENA community due to the lack of a distinct demographic category, leading to inaccurate representation and barriers in accessing health, educational, and economic resources; and

WHEREAS, represe ntational data is essential for ensuring that MENA communities have a voice in policymaking, civic engagement, equitable resource allocation, and advocacy efforts; and

WHEREAS, the State of California is home to the largest MENA population in the United States, yet state and local agencies have not disaggregated demographic data to specifically account for MENA individuals, limiting the community’s access to state - supported programs and services; and

WHEREAS, Assembly Bill 91 (AB 91) by Assembly Member John Harabedian , seeks to address this inequity by requiring state and local agencies that collect demographic data to include separate categories and tabulations for major MENA groups and to publish this data in demographic reports on or after January 1, 2027; and

WHEREAS, Assembly Bill 91 will help ensure that the MENA community is accurately represented and will promote equitable access to public resources and opportunities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Ana hereby formally supports Assembly Bill 91, the Middle Eastern and North African Inclusion Act, and recognizes the importance of accurate representation and equitable treatment of the MENA community in California.

BE IT FURTHER RESOLVED that the City of Sa nta Ana formally recognizes the Middle Eastern and North African (MENA) community as a distinct racial and ethnic group

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Resolution No. 2025-XXX

Page 2 of 2 ends

with unique cultural, economic, and social contributions to the City of Santa Ana and the State of California.

BE IT FURTHER RESOLVED this Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this _____ day of ____________, 2025.

________________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By:

AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers _

CERTIFICATION 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 _______________.

Date: ______________________ ________________________________ City Clerk
City of Santa Ana

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25 –
4 7/1/2025

City Manager’s Office
www.santa-ana.org/cm
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: Freedom of Information Act Request

AGENDA TITLE
Freedom of Information Act (FOIA) Request to U.S. Immigration and Customs Enforcement (ICE)

RECOMMENDED ACTION
Approve submission of a Freedom of Information Act Request to U.S. Immigration and Customs Enforcement seeking records pertaining to immigration enforcement activity within the City of Santa Ana for the period of January 20, 2025 through July 1, 2025.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
At the June 17, 2025 City Council meeting, Councilmember Jessie Lopez and Mayor Pro Tem Benjamin Vazquez expressed interest in submitting a Freedom of Information Act (FOIA) request to the federal government seeking records pertaining to immigration enforcement activity within the City of Santa Ana for the period of January 20, 2025 through July 1, 2025.

Since 1967, FOIA has provided the public the right to request access to records from any federal agency. Staff is seeking direction and approval to request records from U.S.

Immigration and Customs Enforcement (ICE) regarding immigration enforcement activity within the City of Santa Ana for the first half of 2025 to better understand what activities have occurred, when and where such activities have occurred, and who has been subject to such activities, among other items.

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

FISCAL IMPACT
There is no fiscal impact assocated with this action

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Freedom of Information Act Request
July 1, 2025

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5 1
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EXHIBIT(S)

1. FOIA Request Letter
Submitted By: Alvaro Nuñez, City Manager
Approved By: Alvaro Nuñez, City Manager

City Council
26 –
2 7/1/2025

SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]

Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
MAYOR
Valerie Amezcua

MAYOR PRO TEM
Benjamin Vazquez

COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan

CITY OF SANTA ANA
CITY MANAGER’S OFFICE
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org

CITY MANAGER
Alvaro Nuñez

CITY ATTORNEY
Sonia R. Carvalho

CITY CLERK
Jennifer L. Hall

July 1, 2025
FOIA Officer [Via U.S. Mail and Email:

U.S. Immigration and Customs Enforcement [email protected]] Freedom of Information Act Office
500 12th Street SW, Stop 5009
Washington, DC 20536-5009
RE: FOIA Request Concerning Federal Immigration Enforcement Activity in the City of Santa Ana
Dear FOIA Officer,
This is a request under the Freedom of Information Act (FOIA), 5 U.S.C. §552, et seq., issued pursuant to authorization of the Santa Ana City Council approved on July 1, 2025. The City of Santa Ana (“City”) respectfully requests the following information regarding federal immigration enforcement activity conducted by U.S. Immigration and Customs Enforcement (ICE) within the City of Santa Ana.

REQUEST FOR INFORMATION
The City of Santa Ana seeks any and all records prepared, received, owned, used, transmitted, collected and/or retained by ICE that address, describe, refer, or relate to immigration enforcement, arrest, detention, or removal actions, civil or criminal (collectively, “enforcement actions”), in the City of Santa Ana on or after January 20, 2025, including, but not limited to, any and all records reflecting, for each action:
•All Form I-200s, Form I-250s, Form I-213s, and form I-247s; •The date, time, and location of the enforcement action; •The name(s) of all individual(s) targeted, arrested, detained, or otherwise subject to the enforcement action, including any individual(s) not designated as a target prior to the enforcement action (sometimes referred to by ICE as "collateral" targets);

City Council
26 –
3 7/1/2025

SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]

Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
•The basis for the enforcement action, as reflected in records including but not limited to judicial warrants, administrative warrants, or internal ICE approvals preceding the enforcement action, and the basis for the arrest of any "collateral" targets; •A description of the enforcement action(s), such as by incident report or comparable post-action records;
•The alleged immigration violation(s), and/or criminal conviction(s) or pending criminal charge(s) related to the target(s) of the enforcement action, and any records that indicate whether those violations were known to ICE at the time of arrest; •The detention location(s) and any transfer(s) locations of individual(s) arrested or detained by ICE;
•The administrative proceedings, court proceedings, removal proceedings, or other immigration administrative and/or judicial process for any individuals arrested or detained by ICE, and the status of those processes;
•Current immigration status of the individual(s) arrested (i.e., humanitarian parole, deferred action, special immigrant juvenile, etc.); and •Complaints, investigations, or disciplinary actions related to the enforcement action.

The City of Santa Ana also seeks any and all policies, directives, memoranda, guidance, field manuals, standard operating procedures, checklists, and training modules prepared, modified, issued, or reissued by ICE on or after January 20, 2025, reflecting ICE policy and practice with respect to:
•The use of, or limitations on the use of, race, ethnicity, national origin, or physical appearance in initiating contact with or arresting individuals; •The use of, or limitations on the use of, face masks or other manners of obscuring the identity of ICE officials conducting immigration enforcement actions; •Damage to personal or public property during or in connection with immigration enforcement actions;
•ICE officials' duty, or lack thereof, to identify themselves-verbally, through their clothing, with a badge, or by any other means-before, during, or after an immigration enforcement action.

The City seeks the above records for the period between January 20, 2025, and the date of this request.

The City asks that any records that exist in electronic form be provided in their native electronic format via electronic file transfer protocol (“FTP”), USB flash drive, or equivalent electronic medium. The City ask that any documents stored in Portable Document Format ("PDFs") be provided as individual files in a searchable PDF format.

All requested records that are responsive may be provided with personally identifying details redacted. FOIA exempts information from disclosure if that disclosure would lead to an unwarranted invasion of privacy. 5 U.S.C. § 552(b)(6). Determination of this exemption requires a balancing of the public's interest in obtaining the information against any possible invasions of privacy which would result from disclosure. See, e.g., Wood v. FBI, 432 F.3d 78, 87-89 (2d Cir. 2005). The City expects the release of all

City Council
26 –
4 7/1/2025

SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]

Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
segregable portions of otherwise exempt material. If, under applicable law, any of the information requested is considered exempt, please describe in detail the nature of the information withheld, the specific exemption or privilege upon which the information is withheld, and whether the portions of withheld documents containing non-exempt or non-privileged information have been provided.

Sincerely,
Alvaro Nuñez
City Manager

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26 –
5 7/1/2025

City Manager’s Office
www.santa-ana.org/cm
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: Call to Action Regarding ICE Immigration Enforcement

AGENDA TITLE
Resolution Making a Call to Action Regarding ICE Immigration Enforcement

RECOMMENDED ACTION
Adopt a resolution calling on all federal elected representatives to advocate for the removal of ICE, military, and federal enforcement personnel from Santa Ana, support residents impacted by immigration raids, and reaffirm the City’s commitment to SB 54, the California Values Act, and its Sanctuary City policies.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA MAKING A CALL TO ACTION TO ALL OF ITS FEDERAL

ELECTED REPRESENTATIVES IN CONGRESS TO ADVOCATE ON BEHALF OF

IMMIGRANTS WHO RESIDE AND WORK IN THE CITY OF SANTA ANA, TO

REMOVE ICE, MILITARY AND OTHER FEDERAL ENFORCEMENT PERSONNEL

FROM THE CITY OF SANTA ANA, CALL FOR SUPPORT TO THOSE IMPACTED BY

IMMIGRATION RAIDS AND CITY ACTIONS AND COMMITMENTS
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
As observed in recent ICE immigration raids, the aggressive tactics used by federal immigration agents have heightened tensions in the community, are damaging trust in law enforcement, and are eroding the critical relationship between our residents and the Santa Ana Police Department, and when families are too afraid to report crimes or engage with local authorities, the community is less safe.

As a result of the recent ICE immigration raids, there have been noticeable negative economic and social impacts to the community, as fewer people are frequenting commercial and retail establishments, such as local restaurants, grocery stores, medical facilities, places of public accommodation, and entertainment venues, for fear of being targeted by ICE.

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Call to Action Regarding ICE Immigration Enforcement
July 1, 2025

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5 1
7 7
At the City Council meeting held on June 17, 2025, hundreds of community members attended and provided over five hours of public comment. The overwhelming message was a clear call for the City to take action in support of immigrant families and residents experiencing fear and instability as a result of ongoing federal operations.

While the City Council and staff do not have the direct legal authority to force ICE or other federal military or civilian personnel to leave the City, staff presents this Resolution to allow the City Council to call upon all of its federal elected representatives in Congress to advocate on behalf of the people of Santa Ana and others who have been impacted by this issue.

Staff had previously been directed to review and consider a policy concerning ICE notifications. After both 1) receiving a letter from the United States Attorney’s Office stating that individuals involved in disclosing ICE information in accordance with such a policy could face possible federal criminal enforcement, and 2) seeing other officials throughout the country face detainment, arrest, or indictment, the City Council held a closed session meeting. In light of continued public concern, the proposed Resolution is presented as a means for the Council to reaffirm its support for the community and pursue action within the limits of its legal authority.

ENVIRONMENTAL IMPACT
The consideration and approval of the Resolution is not subject to CEQA (“Public Resources Code section 21000 et seq.) because it does not qualify as a “project” under CEQA. The State CEQA Guidelines provide that “[a]n activity is not subject to CEQA if the activity is not a project as defined in Section 15378.” (State CEQA Guidelines, § 15060(c).)

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

EXHIBIT(S)

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

City Council
27 –
2 7/1/2025

RESOLUTION NO. 2025-____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA MAKING A CALL TO ACTION

TO ALL OF ITS FEDERAL ELECTED

REPRESENTATIVES IN CONGRESS TO
A

DVOCATE ON BEHALF OF IMMIGRANTS WHO

RESIDE AND WORK IN THE CITY OF SANTA ANA,

TO REMOVE ICE, MILITARY AND OTHER FEDERAL

ENFORCEMENT PERSONNEL FROM THE CITY OF

SANTA ANA , CALL FOR SUPPORT TO THOSE

IMPACTED BY IMMIGRATION RAIDS AND CITY

ACTIONS AND COMMITMENTS
BE IT

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

SE
CTION 1. Findings.

A. In r
ecent weeks, elected officials throughout the country, and especially in Southern California, have objected to immigration enforcement actions by the federal administration that many describe as unethical, immoral, and potentially illegal.

B. Wh
ile the City Council of the City of Santa Ana does not have the direct legal authority to force United States Immigration and Customs Enforcement Agency (“ICE”) or other federal military or civilian personnel to leave the City, the City Council calls upon all of its federal elected representatives in Congress to advocate on behalf of the people of Santa Ana to such end.

C. Th
e Mayor and City Councilmembers of the City of Santa Ana have listened:
they heard the community’s concerns through protests, social media and hundreds of public comments regarding ICE’s presence in the City, and desire to unite and collectively demonstrate they are willing, able and prepared to do more to respond to the significant public outcry and assist within their authority and jurisdiction.

D. Th
e City Council desires to ensure that its members, staff, community members and advocates all be mindful of their various roles and authority to act , and that all be committed to ensuring accurate information is communicated and shared so that the entire community can act quickly to support individuals and families impacted.

E. Th
e immigration enforcement actions led by ICE have disrupted public safety and spread fear in the City’s immigrant community, especially when

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Resolution No. 2025-_____

Page 2 ends

there have been reports of legal permanent residents and U.S. citizens bei
ng detained for questioning, and when there have been immigration raids at individual’s homes, schools, places of work, places of worship, places of public accommodation, swap meets, grocery stores, medical facilities, and hotels.

F. T
he aggressive tactics used by federal agents have heightened tensions, are damaging trust in law enforcement , and are eroding the critical relationship between our residents and the Santa Ana Police Department , and when families are too afraid to report crimes or engage with local authorities, the community is less safe.

G. A
s a result of the recent ICE raids, there has been noticeable negative economic and social impacts to the community, as less people are frequenting commercial and retail establishments, such as local restaurants, grocery stores, medical facilities, places of public accommodation, and entertainment venues for fear of being targeted by ICE.

H. T
hese growing fears about ICE raids have only worsened by President Trump federalizing the California National Guard and deploying the United States Marines to the City of Los Angeles, under a June 7, 2025 Presidential Memorandum which authorizes the deployment of active-duty armed forces anywhere in the United States where protests over ICE activity or other federal functions are either occurring or likely to occur.

I. P
resident Trump’s deployment of the California National Guard in downtown Santa Ana caused disruption, anger and protests.

J. W
hile President Trump had promised that federal immigration enforcement would focus on targeting criminals, what we have seen on the ground in Santa Ana are stories of racial profiling, arresting people without criminal records, and uneven enforcement, as employers who hire undocumented labor have not appeared to face any consequences.

K. T
he Trump Administration’s decision to redirect vital federal resources away from combating serious crimes, such as drug trafficking, human trafficking, and acts of terrorism, and place focus on targeting hard-working immigrants for primarily civil immigration violations, is a gross misuse of public safety efforts that does not to make our communities safer, but instead instills fear, division, and instability.

S
ECTION 2. A Call to Action to All Federal Elected Representatives to Advocate for the People of Santa Ana.

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Resolution No. 2025-
_____ Page 3
A. The City Council hereby calls upon all of its federal elected representatives in Congress to advocate on behalf of the people of Santa Ana to end ICE’s presence and any military or other federal enforcement personnel presence in Santa Ana assisting ICE’s efforts.

B. T
he City Council calls upon its federal elected representatives to insist that ICE and federal enforcement officers comply with 8 C.F.R. 287.8(c)(iii) to ensure that such officers properly identify themselves as immigration officers who are authorized to execute an arrest and state that the person they are detaining is under arrest.

C. T
he City Council calls upon its federal elected representatives to demand that ICE cease all raids at public places as such activities create fear and disruption in the community.

D. T
he City Council hereby directs staff to send a copy of this Resolution to all elected members of Congress whose jurisdiction covers any part of the City of Santa Ana.

S
ECTION 3. Staff Actions and Sustained Commitment.

A. S
taff has been directed to work on Federal Freedom of Information Request Letters and to empower elected officials and community members to use this resource to gather information.

B. S
taff was directed and will continue to support and coordinate with legal service providers under its existing program to ensure immigration services are provided to the community.

C. S
taff will notify the Mayor and Councilmembers of ICE personnel presence in the City consistent with the legal manner in which elected officials are notified of all other significant law enforcement operations in the City.

D. S
taff has created a Know Your Rights page on the City’s website which provides links to immigration resources and includes questions and answers. Staff will continue to post up-to-date information as it is received.

E. U
pon direction of the Council and identification of sufficient funding , Staff will implement direct support to individuals and families impacted by the ICE immigration raids.

S
ECTION 4. Commitment to Accuracy and Historical Facts: Response to Comments
A. T
he City Council directs staff to ensure that all communications from the City are accurate and reflect up-to-date information.

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27 –
5 7/1/2025

Resolution No. 2025-_____

Page 4 ends

B. The City Council declares its continued legal commitment to SB 54 the California Values Act and its Sanctuary City Ordinance.

C. The City Council reminds the community that in 2017 the City terminated all contractual relationships with ICE and the City does not use its jail or public facilities to house ICE immigration detainees.

D. The City Council confirms that the Santa Ana Police Department does not in any way coordinate or support ICE in its federal immigration enforcement efforts.

E. The City Council would, if it had the power, immedi ately ban ICE from the City of Santa Ana and stop raids.

F. The City Council supports Governor Newsom in his efforts to fight the federal government’s use of the California National Guard.

G. The City Council reminds the community that the City and its Police Department do not have any jurisdiction whatsoever over federal immigration enforcement.

H. The City Council reminds the community that the United States Attorney’s Office for the Central District sent the City a letter stating: “The risk of crim inal prosecution for impeding federal investigations is real and my office will not hesitate to prosecute those who impede federal investigations to the full extent permitted by law” and that all individuals should be afforded the right to make personal decisions about risks and the extent to which they are willing to take actions which might subject them to federal criminal prosecution.

SECTION 5. A Call to Action by Community Members and Organizations.

A. The City Council hereby calls upon all nonprofit s, community service organizations, faith-based organizations, businesses and labor unions to work together on a community wide organization or foundation and to contribute time, resources and financial support to assist individuals and families impacted by the ICE immigration raids.

B. The City Council also calls upon every member of the community to contribute time, resources and financial support to existing nonprofits, community service organizations, faith-based organizations, businesses and labor unions so that all can unite in the common goal of assisting individuals and families impacted by the ICE immigration raids.

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Resolution No. 2025-_____

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SECTION 6. CEQA Determination.

The City Council hereby makes the following findings with respect to the California Environmental Quality Act (“CEQA”): This Resolution is not subject to CEQA (“Public Resources Code section 21000 et seq.) because it does not qualify as a “project” under CEQA. The State CEQA Guidelines provide that “[a]n activity is not subject to CEQA if … the activity is not a project as defined in Section 15378.” (State CEQA Guidelines, § 15060(c).) Here, the Resolution does not qualify as a “project” as defined in State CEQA Guidelines section 15378 for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) Here, the Resolution makes a public plea and gives staff direction, which certainly will not result in any direct or reasonably foreseeable indirect physical change in the environment. Accordingly, the Resolution is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c).)
Second, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) The Resolution authorizes and directs staff to engage in administrative activities that will not result in a physical change in the environment, and it therefore is not subject to CEQA. (Ibid.).

In the alternative, the Resolution is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), which provides that activity is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Here, the Resolution makes a public plea and gives staff direction, which certainly will not result in any physical alterations or activities that could affect the environment and are not expected to have any significant environmental impact.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

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Resolution No. 2025-_____

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PASSED, APPROVED AND ADOPTED by the City Counc il o f the City of Santa Ana at a regular meeting held this 1st day of July, 2025.

V alerie Amezcua
Mayor
APPR
OVED AS TO FORM:

Sonia R. Carvalho, City Attorney
AYES: Councilmember:

NOES: Councilmember: _____
ABSTAIN: Councilmember:

NOT PRESENT: Councilmember:

RTIFICATE OF ATTESTATION AND ORIGINALITY
I, J
ennifer 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 July 1, 2025.

Date:

Jenni fer L. Hall
City Clerk
City of Santa Ana
for the City Attorney

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City Manager’s Office
www.santa-ana.org/cm
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: Financial Assistance for Families Impacted by Federal Immigration Activities

AGENDA TITLE
Consider a Temporary Program of Financial Assistance for Families Impacted by Federal Immigration Enforcement Actions

RECOMMENDED ACTION
Direct the City Manager to establish an Emergency Assistance Program for Families Impacted by Immigration Enforcement funded by up to $1 million of existing FY25-26 budget allocated for City Events.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Families residing in the City of Santa Ana have been significantly affected by recent federal immigration enforcement actions. When a primary income-earner is detained, households experience immediate financial hardship, including difficulty paying for essential needs such as rent, food, and utilities.

The City of Santa Ana’s adopted FY25-26 budget includes a $1 million allocation for community events, distributed as follows:
•Fourth of July $115,000
•Chicano Heritage $127,000
•Fiestas Patrias $498,000
•Noche De Altares $20,000 sponsorship contribution
•Tet Festival $80,000
•Santa Ana Fun Run $93,000
•Movie Series $30,000
•Juneteenth $20,000 sponsorship contribution
These events are funded through the City’s General Fund and are considered discretionary expenditures. The City Council has the authority to allocate General Fund dollars toward any initiative that serves a public purpose.

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Financial Assistance for Families Impacted by Federal Immigration Activities July 1, 2025

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2 0
In response to the urgent needs created by recent immigration enforcement actions, Mayor Valerie Amezcua recommends repurposing the City Events budget to establish a temporary assistance program aimed at supporting affected families. This program would provide financial assistance for rent, utilities, food, and legal assistance.

The City Manager may collaborate with foreign consulates to identify Santa Ana residents who have been detained and coordinate outreach efforts to support their families. Local nonprofit organizations, such as the Assistance League and the Delhi Center, can be engaged to facilitate food distribution. Additionally, the City’s existing infrastructure for rental and utility assistance can be utilized to expedite service delivery, while the current contract for immigration legal defense services can be expanded with supplemental funding.

This proposal seeks to prioritize critical support for vulnerable residents during a period of heightened uncertainty and financial distress, reaffirming the City’s commitment to the well-being of all members of the Santa Ana community.

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

FISCAL IMPACT
There is no fiscal impact associated with the recommended action, as the existing budget for community City Events would instead be used to provide community assistance for families impacted by federal immigration activities.

Submitted By: Alvaro Nuñez, City Manager
Approved By: Alvaro Nuñez, City Manager

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City Manager’s Office
www.santa-ana.org/cm
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: Police Oversight Commission Ordinance Amendment

AGENDA TITLE
Ordinance Amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police Oversight Commission to Align with State Law, Enhance Transparency, and Improve Operational Efficiency and Best Practices in Law Enforcement Accountability

RECOMMENDED ACTION
Conduct a first reading of an ordinance amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police Oversight Commission to align with state law, enhance transparency, and improve operational efficiency and best practices in law enforcement accountability.

ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-660-2-669 OF CHAPTER 2 (ADMINISTRATION), ARTICLE IV, DIVISION 16 OF THE SANTA ANA MUNICIPAL

CODE ESTABLISHING A POLICE OVERSIGHT COMMISSION

DISCUSSION
City Council established the Police Oversight Commission to serve as an independent body that reviews and analyzes critical issues related to policing practices. As the Commission has become operational, the City has identified areas within the ordinance that require changes to strengthen the Commission’s structure, comply with state legal requirements, and support a more effective and transparent oversight process.

The proposed amendments are the result of a thorough review and collaboration among City staff from the City Manager’s Office, City Attorney’s Office, Police Department, and Police Oversight Ad Hoc Committee members comprised of Mayor Amezcua, Mayor Pro Tem Vazquez, and Councilmember Bacerra.

Background
On November 15, 2022, the City Council adopted an ordinance establishing a Police Oversight Commission. The purpose of the Police Oversight Commission is to enhance transparency, increase accountability of and public confidence in the Santa Ana Police Department (SAPD), and provide for an Independent Oversight Director to provide the Chief of Police, City Manager, and City Council independent investigations of, analysis,

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Ordinance Amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police Oversight Commission.

July 1, 2025

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5 5
9 and recommendations on police practices, police misconduct, officer involved shootings, and other serious uses of force.

July 18, 2023
The City Council received an informational report providing an update on the implementation of the Commission, including the status of Commissioner appointments, the ongoing recruitment process for the Independent Oversight Director, and the anticipated timeline for convening the Commission's inaugural meeting.

October 6, 2023
The six appointed members of the Police Oversight Commission held their first official meeting, marking the operational launch of the Commission. Since that time, the Commission has met regularly and its members have completed the training requirements as outlined in the Ordinance.

April 4, 2025
Implementation of the existing ordinance revealed a conflict with the Public Safety Officers Procedural Bill of Rights Act (California Government Code Sections 3300–3313), prompting the need for a comprehensive review. In response, the Police Oversight Ad Hoc Committee convened to evaluate the ordinance and recommend appropriate amendments to ensure legal compliance and effective oversight.

The proposed ordinance amendments address the following key areas:

Alignment with State Law:

Recommended language changes were made to ensure the Ordinance complies with state laws regarding police transparency, personnel records, confidentiality, and civilian oversight. Exhibit 2 provides the relevant federal and state laws, including provisions from the Government Code 3300-3313, Penal Codes 832.5, 832.7, 832.8, and Evidence Code 1040-1047, which are referenced in the ordinance.

Clarification of Roles and Responsibilities:

Recommended language updates clarify the distinct roles and responsibilities of the Police Oversight Commission, City staff, and the Santa Ana Police Department’s Internal Affairs Division. These changes are intended to prevent duplication of efforts and promote consistent procedures in compliance with state law.

Santa Ana operates under a City Manager form of government, as established by the City Charter. The original language of the ordinance granted the Independent Police Oversight Director authority that conflicted with the City Manager's administrative oversight responsibilities and has been revised. The amended language now affirms the

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Ordinance Amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police Oversight Commission.

July 1, 2025

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9 Oversight Director’s advisory and independent role, while maintaining alignment with the City Manager’s executive authority as defined by the Charter.

Complaint Review Process:

Language has been revised to define the scope of the Commission’s authority in reviewing complaints, particularly in cases involving ongoing investigations, confidentiality protections, or legal restrictions, in compliance with state law.

Training and Orientation Requirements:

The amendments include expanded classroom and hands-on training for commissioners covering key areas of police operations, such as Patrol, Investigations, K9, SWAT, Training, Communications, and other core functions. This change was recommended by the Ad Hoc Committee, which identified a need to ensure that commissioners have a solid understanding of SAPD practices in order to effectively provide the necessary oversight of police policies and provide educated recommendations with an improved understanding.

Confidentiality Provisions:

Enhancements to the confidentiality section are included to safeguard sensitive information while maintaining the Commission’s transparency objectives within legal limits, in adherence with state law parameters, and Public Safety Officers Procedural Bill of Rights Act, further enhancing the City’s capabilities to sustain any possible legal challenges.

Next Steps
If the first reading of the ordinance is approved, the ordinance will return for a second reading and adoption at the July 15, 2025 City Council meeting. If approved, the ordinance will become effective 30 days thereafter.

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

EXHIBIT(S)

1. Ordinance (redline for first reading)

2. Government Code 3300-3313, Penal Codes 832.5, 832.7, 832.8, and Evidence Code 1040-1047
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager

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Ordinance No. NS-XXX

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ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTIONS 2-660-2-669 OF
CHAPTER 2 (ADMINISTRATION), ARTICLE IV, DIVISION
16 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING

A POLICE OVERSIGHT COMMISSION

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. On November 15, 2022, the City C ouncil adopted an Ordinance establishing a Police Oversight Commission. The purpose of the Police Oversight Commission is to enhance transparency, increase accountability of and public confidence in the Santa Ana Police Department and provide for an Independent Oversight Director to provide the Chief of Police, City Manager, and City Council independent investigations of, analysis and recommendations on police practices, police misconduct, officer involved shootings, and other serious uses of force.

B. On October 6, 2023, t he six appointed members of the Police Oversight Commission held their first official meeting, marking the operational launch of the Commission. Since that time, the Commission has met regularly and its members have completed the training requirements as outlined in the Ordinance.

C. The subsequent implement ation of the existing ordinance revealed operational and procedural challenges prompting the need for a comprehensive review of the Ordinance. In response, the Police Oversight Ad Hoc Committee convened to evaluate the current Ordinance and consider amendments.

D. The proposed amendments reflect coll aboration from the Ad Hoc Committee, legal counsel, City staff, and personnel from the Santa Ana Police Department.

E. The objective of these amendments to the existing Police Oversight Commission Ordinance is to enhance transparency and consistency of the Ordinance, strengthen the Commission’s operational effectiveness and ensure full compliance with applicable state laws.

Section 2. The City Council finds and determines that this ordinance is not subject to the California En vironmental Quality Act (CEQ A). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c )(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the env ironment, as there is no possibility it will

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have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines.

Section 3. The Santa Ana City Council hereby amends Sections 2-660-2-669 of Chapter2, Article IV, Division 16 of the Santa Ana Municipal C ode as follows (new language is underlined and deleted language is stricken):

Sec. 2-660. Establishment and purpose.

There is hereby established a Police Oversight Commission (hereinafter referred to as the "Commission"). The purpose of the Commission shall be to improve transparency, increase the accountability of and public confidence in the Santa Ana Police Department and to provide for an Independenta Police Oversight Director. The purpose of the Commission is to act through the IndependentPolice Oversight Director, independent of the police department, to provide the Chief of Police,City Council, and City Manager, and City Council independent investigationsa review of, analysis, and recommendations on police practices, police misconduct, officer-involved shootings, and other serious uses of force.

Sec. 2-661. Police oversight commission membership and term.

The Commission shall consist of seven (7) members to be appointed by the city council from the residents of the city.City Council, who meet the qualifications set forth in Section 2-662 of this ordinance.

The city councilCity Council shall strive to appoint members who are fair and impartial, and who represent diverse social, economic, and politicalcommunity interests.

The city councilCity Council shall consider the career and life experiences of Commission applicants and appoint those who are representative of the diversity of the Santa Ana community and whose knowledge and experiences will most benefit the Commission's ability to carry out its duties and responsibilities and build trust with the community. The City Council will strive to appoint applicantsCommissioners with knowledge and/or experience in the fields of human resources practices, management, policy development, auditing, law, investigations, social services, civil rights, and civil liberties. The City Clerk of the Council shall prepare application forms requiring applicantsprospective members to provide information demonstrating that they meet qualification requirements set forth in Section 2-662.

Sec. 2-662. Qualifications of commissioners.
(a) All members of the Commission shall reside in the City of Santa Ana. (b) Elected or appointed officers and employee s serving the City shall not be eligible for appointment to the Commission.
(c) Retired peace officers or peace office rs who have separated from public service shall not be eligible for appointment to the Commission unless at least five (5) years has passed from the date of their separation from the governmental entity with which they were previously employed. Only one former or retired peace officer, who is appointed first in time, may serve on the Commission at any given time. "Peace

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officer" as used herein shall have the same meaning and definition as set forth in California Penal Code sectionSection 830 et seq.
(d) Practicing attorneys who handle, or are me mbers of firms or entities that currently handle, criminal or civil matters involving the Santa Ana Police Department are ineligible to serve on the Commission.
( e) The appointment, removal, vacancies and term of Commissioners shall comply with SAMC 2-326.

Sec. 2-663. Commissioner confidentiality and training.
(a) Prior to attending their first Commissi on meeting, each Commissioner shall take an oath and execute a confidentiality agreement stating that they will not divulge or disseminate confidential information, including identities of witnesses and contents of confidential testimony and documents, either during their term of office or thereafter to ensure that confidential personnel information and other information subject to state law protections is not released or shared. Failure to comply with the terms of the confidentiality agreement shall result in removal from the Commission and/or other legal consequences in a Commissioner’s individual capacity, including but not limited to criminal and/or civil penalties. Removal of a Commissioner shall comply with SAMC Section 2-326.
(b) No later than ninety (90) days af ter appointment, each member shall:
(1.) Receive training in relevant subject matters, including, but not limited to, the Police Department's operations, policies, practices, procedures related to the following: internal affairsInternal Affairs investigations; authorized uses of force, including the use of deadly force, control devices, and techniques; uses of conducted energy device; handcuffing and restraints; detention and arrest of persons; search and seizure of persons and property; the department's established focus of de-escalation tactics, vehicle pursuits, and the duties, responsibilities, procedures, and requirements associated with all ranks and assignments facilitated by the IndependentPolice Oversight Director.

2. All training shall Training s hould be predominantly obtained from independentSanta Ana Police Department personnel, third-party bodies or institutions that have experience with internal affairs ofInternal Affairs investigations within police departments and civilian review investigations and audits.

3.(2) Attend training sessions sponsored by the National Association for Civilian Oversight of Law Enforcement or similar entities, or through presentations provided on topics including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, and due process, procedural rights and confidentialities afforded to police officers by California law (including, but not limited to, Government Code Section 3300 et seq., Penal Code Sections 832.7 and 832.8, and Evidence Code Sections 1040-1043), state use of force standards, police union contracts, labor rights, in-person implicit bias training, and best practices for conducting investigations.

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(c) Members of the Commission, may, but are not required to, participate in (3) Participate in a ride-along with the Santa Ana Police Department. The Chief of Police shall facilitate a ride-along consisting of a minimum of 8 hours of field- based patrol operations. Current Commissioners shall participate in this ride- along within 90-days from the effective date of this ordinance. ( (c) Members of the Commission are required to attend and complete at minimum the following Santa Ana Police Academy Program courses: Communications, Patrol Operations, Santa Ana Jail, Crime Scene Investigations, Investigations/Internal Affairs, Air Support/Traffic Stops/Motor Officers/Directed Patrol, Use of Force, Homicide/Gangs/SWAT, within 18 months of appointment and/or the first available offering of the Program. Current Commissioners shall participate in this Community Academy within 18 months from the effective date of this ordinance. These classes are subject to change at the discretion of the City Manager. (d) Failure to comply with subsections (b) and (c) shall result in the member’s removal from the Commission by the appointing Council Member.

Sec. 2-664. Meetings.

The Commission shall hold its first meeting when there are a sufficient numbermeet the second Thursday of appointed each month with a majority of Commissioners to constitute a quorum. At such meeting, the Commission shall fix starting at 5pm at a location designated by the time and place of regularly scheduled meetings which shall not meet less than once each monthCity Manager. The City Manager or their designee shall attend all regular and special meetings of the Commission and provide regular staff support to the Commission. The Police Chief or their designee shall also attend such meetings as requested by the Commission.
( If a Commissioner wishes to propose an item for placement on a future Meeting Agenda, the Commissioner shall prepare a written memorandum describing the proposed item and, after consulting with the Police Oversight Director and the City Manager, submit it to the City Manager. The memorandum shall be included for consideration at a regular meeting as a Commissioner requested item. The Commission may, by a majority vote of its members present, direct that the proposed item be added to the agenda for a future meeting. The City Manager or their designee also has the discretion for placing items on the Meeting Agenda.

Sec. 2-665. Powers and duties of the police oversight commissionPolice Oversight Commission.

To effectuate its purpose, the Commission shall:
(a) Review, evaluate and make recommendati ons to the Chief of Police and City CouncilManager regarding the Police Department's policies, practices, and procedures, develop programs and strategies to promote positive police- community relations, and make appropriate recommendations to the City Manager and the City Council.. Within thirty (30) days after receiving such recommendations, the City Manager or designee shall submit a response to the Commission. If the Commission is dissatisfied with the response, the

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Commission may submit its recommendations to the City Council. The City Manager may extend for an additional thirty (30) days the time periodsperiod in which they are required to submit their responses to the Commission by giving the Commission written notice of such extension.
(b) Receive, hear, and review misconduct comp laints, tort claims, or lawsuits:
(1) Tort Claims;
(2) Lawsuits;
(3) Complaints made against on-duty Sant a Ana Police Officers which allege Santa Ana Police Officers have engaged in the following conduct:
(1) only when the Internal Affairs Invest igation is completed and the complaint alleges: (i) officer-involved shootings-discharge of a firearm at a person by a Santa Ana peace officer that results in death;
(2) in-custody deaths;
(3) (ii) uses of force that result in great bodily injury of a person; (4) (4) Complaints made against Santa Ana Police Officers only when the Internal Affairs Investigation is completed with sustained findings for the following conduct: (i) prejudice or discrimination involving a protected class;
(5) (ii) dishonesty;
(6) (iii) sexual assault;
(7) (iv) unlawful arrest or unlawful search;
(8) (v) unreasonable or excessive force;
(9) or (vi) failure to intervene against anot her officer using force that is clearly unreasonable/excessive; or.
(10(c) Receive, hear, and review the following two categories:
(1) In-custody deaths;
(2) unlawful activities/conduct that interferes with First Amendment assemblies.
(c) All complaints to(d) Allegations of misconduct not specifically enumerated in subparagraphs (b) and (c) shall not be heard or reviewed by the Commission must be, but shall be forwarded to the Chief of Police or designee within five (5) days of receipt by the Commission.
(e) Review complaints submitted in writing on forms supplied by the Department or, the Commission, or submitted to the online portal. Anonymous complaints will be accepted. However, anonymity may limit the ability to thoroughly investigate and address the complaint. The Commission will not be authorized to retroactively conductCommission’s authority to review previously completed investigations of complaints.will comply with Penal Code Sections 832.5, 832.7 and 832.8.

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(1) A copy of each complaint, tort claim, and/or lawsuit that alleges misconduct as set forth in sectionSection 2-665(b), regardless of where or how it is filed or) and (c) submitted to the Commission, shall immediately be forwarded to the members of the Commission, the IndependentPolice Oversight Director, the City Manager, and the Chief of Police. (2) No complaint shall be accepted, or reviewed, or investigated by the Commission or the IndependentPolice Oversight Director if it is not filed/submitted within one (1) year after the alleged misconduct by a Santa Ana Police Officer.
(3) All Commission discussions with t he IndependentPolice Oversight Director concerning alleged misconduct by any Santa Ana Police Officer shall be held in closed session. At least ten (10) days' advance written notice of the date of the meeting in which a specific officer will be discussed in closed session shall be provided to the complainant and the named police officer and their legal counsel, if known to the Commission and shall be deemed confidential.
(df) Receive and discuss reports from the IndependentPolice Oversight Director on all incidents involving the following types of alleged misconduct by Santa Ana Police Officers: only when the complaint alleges:
(1) officer Officer-involved shootings-di scharge of a firearm at a person by a Santa Ana peace officer that results in death;
(2) in-custody deaths;
(3) uses Uses of force that result in great bodily injury of a person;. (4) (3) Complaints made against Sant a Ana Police Officers only when the Internal Affairs Investigation is completed with sustained findings for the following conduct: (i) prejudice or discrimination involving a protected class;
(5) (ii) dishonesty;
(6) (iii) sexual assault;
(7) (iv) unlawful arrest or unlawful search;
(8) (v) unreasonable or excessive force;
(9) or (vi) failure to intervene against anot her officer using force that is clearly unreasonable/excessive; or.
(10) (4) In-custody deaths and unlaw ful activities/conduct that interferes with First Amendment assemblies.
(eg) Direct the IndependentPolice Oversight Director to independently review and investigate, analyze and make recommendations regarding citizen complaints, tort claims, or lawsuits alleging the types of police misconduct as identified in sectionSection 2-665(b) or when the City Council provides authorizationand (c), unless there is pending Internal Affairs investigation at which time the Commission may, in Closed Session, review those misconduct complaints

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when the Internal Affairs investigation is completed pursuant to Santa Ana City Charter Section 1100 subject to the restrictions set forth in Government Code Section 3300 et seq., California Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, the Santa Ana Charter and Municipal Code, the MOU that applies to the impacted member, and Santa Ana Police Department's policies and procedures.
(f) The Independent h) Aut horize the Police Oversight Director shall review and investigate timely filed/submitted complaints as soon as possible. Pursuant to Santa Ana City Charter audit completed Internal Affairs files involving misconduct for the categories outlined in Section 1100, the City Council hereby authorizes the Independent Oversight Director to subpoena witnesses, administer oaths and compel the production of evidence for their independent investigation. At the conclusion of the investigation, the Independent 2-665(b) and (c). The Police Oversight Director shall submit aaudit findings to the City Manager within thirty (30) days who will then provide it to the Commission within thirty (30) days.
(i) Advise the Mayor, City Council, Ci ty Manager and Police Chief on community relation issues involving the Police Department.
(j) Prepare and submit an annual report with findings to the City Council concerning the Commission's activities, and recommendations, orally and in writing, to the Commission.
(1) Upon receipt of the Independent Oversight Director's report, the Commission may:
(i) Direct the Independent Ov ersight Director to investigate the complaint further;
(ii) Forward the Commission's find ings and recommendations concerning the complaint to the City Manager based upon the Independent Oversight Director's report; and
(iii) Make disciplinary recommendati ons to the Police Chief and/or the City Manager, when a complaint of misconduct has been sustained against a Santa Ana Police Officer subject to the restrictions set forth in Government Code Section 3300 et seq., California . The annual report shall align with Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, the Santa Ana Charter and Municipal Code, the MOU that applies to the impacted member, and the Police Department's policies and procedures. This subdivision does not, however, provide the Commission or the Independent Oversight Director the authority to impose any discipline on any member of the Police Department. All discipline ultimately imposed on any peace officer and must comply with all federal, state and local laws, including, but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member,

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and theSanta Ana Police Department's policies and procedures.

Unless extended by the Commission, within sixty (60) days after receiving such recommendations, the Police Chief or City Manager shall submit a response to the Commission. If the Commission is dissatisfied with the response, the commission may submit its recommendations to the City Council. The Police Chief and/or City Manager may extend for an additional thirty (30) days the time periods in which they are required to submit their responses to the Commission by giving the Commission written notice of such extension.
(g) Authorize the Independent Oversight Director to audit complaint files and review policies to ensure best practices are implemented. (h) Advise the Mayor, City Council, City Manager and Police Chief on community relations issues involving the Police Department.
(i) Review any Memorandum of Under standing (MOU) between the City and the Santa Ana Police Officers Association or the City and the Santa Ana Police Management Association, and provide suggestions and recommendations concerning negotiations to the City Manager and the City Council. (j) Conduct public meetings to educate the community on the purpose of the Police Oversight Commission and provide a forum for discussions about police policies, practices, and procedures.
(k) Prepare and submit an annual report to the City Council concerning the Commission's activities, findings and recommendations. The annual report shall ; and include, at a minimum, the following:
(1) The number of investigations initiatedInternal Affairs investigation reviews conducted during the annual reporting period and data summarizing the nature of the alleged or actual underlying conduct; (2) The number of investigations concludedInternal Affairs investigation reviews conducted during the reporting period, and, of those investigationsreviews, the number that took more than six (6) months to conclude and data summarizing the nature of the alleged or actual underlying conduct;
(3) The number of Internal Affairs investigations pending as of the end of the reporting period and data summarizing the nature of the alleged or actual underlying conduct;
(4) The number of complaints not sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints filed against each police officer during the reporting and data summarizing the nature of the alleged or actual underlying conduct;

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The number of disciplinary recommendations issued to the Police Chief and City Manager, as well as the number of recommendations accepted and rejected;
The number of complaints referred to other agencies during the reporting period and the identity of such other agencies and data regarding summarizing the nature of the alleged or actual underlying conduct;; (5) The reports or recommendations submitted to the City Council, Police Chief, and City Manager concerning Commission regulations, legislation, or budgetary allocation and Police department policies, procedures, customs, orders, collective bargaining agreements, programs, and training, as well as the appropriate party's response to such reports or recommendations.
(l) Perform such other duties as requested by the City Council. All staff work must comply with all federal, state and local laws, including, but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member and Santa Ana Police Department's policies and procedures. (m(k) References to Santa Ana Police D epartment's policies and procedures in this Division shall mean all current policies and procedures in place that apply to administrative/internal affairs investigations.Administrative/Internal Affairs Investigations. Those policies and procedures shall not be amended in any way that may conflict with this article, unless otherwise required by law.

Sec. 2-666. Appointment and role of an independent oversight director. (a) The City Council does hereby au thorize the appointment of an Independent Police Oversight Director, pursuant to City Charter Section 1100 and in accordance with this Section 1100.
(a) The City Manager shall appoint the IndependentPolice Oversight Director. subject to confirmation by the City Council. The IndependentPolice Oversight Director mayshall be engaged through a professional services agreement or may be hired as an exempt at-will City employee who willand shall serve at the will and pleasure of the City Council and will be subject to removal by majority vote of the City Council. Manager.
(b) In addition to regular staff s upport provided to the Commission, the Independent(b) The Police Ov ersight Director shall assist the Commission in performing its duties and exercising its powers.
(c) After receiving a complaint, tort clai m, or lawsuit and when directed by the Commission, the Independent Oversight Director shall, in accordance with this division, conduct investigations of allegations of on-duty Santa Ana Police Officers who have engaged in the following conduct:
(1) officer-involved shootings-discharge of a firearm at a person by a Santa Ana peace officer that results in death;

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(2) in-custody deaths;
(3) uses of force that resulted in great bodily injury of a person; (4) prejudice or discrimination involving a protected class; (5) dishonesty;
(6) sexual assault;
(7) unlawful arrest or unlawful search;
(8) unreasonable or excessive force;
(9) failure to intervene against another o fficer using force that is clearly unreasonable/excessive; or
(10) unlawful activities/conduct that interferes with First Amendment assemblies.

In addition to conducting investigations of complaints, tort claims, and/or lawsuits alleging the type of misconduct set forth in section 2-665(b), the Independent Oversight Director shall also have the independent authority to periodically request and review citizen complaints and "use of force" reports or other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or great bodily injury was caused by direct police action. No investigations(c) The Poli ce Oversight Director shall review and refer to the Chief of Police or its designee timely filed/submitted complaints for the Chief of Police to review and initiate an Internal Affairs investigation. In the event there is a pending Internal Affairs Investigation of police misconduct for the categories outlined in Section 2-665(b) and (c), the Internal Affairs investigation shall take priority pursuant to Government Code Section 3304(d)(1) [within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.] Prior to the final determination by the Chief of Police, the Internal Affairs investigation shall be forwarded to the Police Oversight Director for review, analysis and recommendation to the Commission. Within 45 calendar days from the receipt and at the conclusion of the review by the Commission, the Police Oversight Director shall submit a report with the Commission’s recommendations to the Chief of Police. The Chief of Police shall make best efforts to wait for recommendation(s) from the Commission prior to rendering a final decision, unless doing so would compromise the statute of limitations as set forth in Government Code 3304(d). (d) No review of completed Internal Affairs Investigations shall be commenced on any incidents that occurred prior to the effective date of the Ordinance enacting this Division. Any review of historical data or incidents must comply with all federal, state and local laws, including, but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member and Santa Ana Police Department's policies and procedures.

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(de) The IndependentPolice Oversight Director shall conduct all audits and investigationsreviews in a fair, objective, impartial, and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et seq.) in interviewing police officers..). The IndependentPolice Oversight Director shall prepare a written report of each reviewed investigation that will constitute the public record and may discuss confidential or privileged information with the Commission in a properly notice closed session. The report shall comply with the provisions of Penal Code Sections 832.5, 832.7 and 832.8 and Evidence Code Sections 1043 through 1046. After review by the Commission, the public recordrecords of the investigationinvestigations for the categories of specified conduct outlined in Section 2-665(b) and (c) shall be posted on the publicCity’s website for the Commission within thirty (30) days. All disclosures. Disclosures of investigations conductedreviewed by the IndependentPolice Oversight Director shall comply with California Penal Code Sections 832.5, 832.7 and 832.8 and California Evidence Code Sections 1043 through 1046, as amended from time to time. The IndependentPolice Oversight Director may discuss findingsconclusions with the Commission and/or the public in strict compliance with California Penal Code Sections 832.5, 832.7 and 832.8 and California Government Code Sections 3300, et seq.
(e) The City Manager or their designee shall assist with advertising the position of Independent Oversight Director and shall prepare the necessary documents to engage the Independent Oversight Director. The City Council shall review all qualifying applications and select no more than three (3) applicants to interview for the role of Oversight Director. The Commission shall be permitted the opportunity to review the top three (3) applicants and recommend a candidate to the City Council.

The Independent Oversight Director shall be authorized by the City Council under Charter Section 1100 to report directly to the City Council.

Sec. 2-667. Budget and support for commission and oversight director.

The City Manager shall make a recommendation to the city councilCity Council, as part of the annual City budget, to fund the Commission and any additional labor, consulting, equipment, training, or materials necessary for the Commission and the IndependentPolice Oversight Director to carry out the duties and exercise the powers set forth in this Division.

Sec. 2-668 Access to police department records, data and reports.

To effectuate meaningful oversight and accountability, the Commission and the IndependentPolice Oversight Director shall have complete and prompt access to all relevant police department records, information, and data, including, but not limited to, audio and video recordings, photographs, police reports, dispatch logs, and other records related to the underlying incidentcategories of oversight as set forth in Section 2-665(b) and (c), to assist the Commission and the IndependentPolice Oversight Director in effectively discharging their respective duties, subject to all federal, state and local laws including any and all restrictions set forth in the Santa Ana Charter, Municipal Codebut not limited to, Government Code Section 3303, et seq., Penal Code Sections

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832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member, Santa Ana Police Department's policies and procedures, and the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et seq.). The Police Department shall designate staff who will timely receive and process requests for records made by the Commission and/or the IndependentPolice Oversight Director.

To increase transparency, all data including, but not limited to, stop, detention, arrest, and use of force data, including Racial and Identity Profiling Act ("RIPA") data and reports, that are legally disclosed to the Department of Justice and/or any other federal or state law enforcement agency, shall, at the time of disclosure of that data, be concurrently provided to the Commission and the IndependentPolice Oversight Director.

Any information that is confidential and prohibited from disclosure shall be redacted.

Sec. 2-669. Rules and records.

The for Conducting Commission shall, in consultationBusiness.

The City Manager will consult with the IndependentPolice Oversight Director and the City Manager, to develop rules for the transaction of business of theconducting Commission, which rules shall, among other things, include the manner of calling and giving notice of special meetings and hearings, and the appointment and powers of ad hoc and standing subcommittees. Said subcommittees may be formed to work on various topics within the scope of police activities. business. The city councilCity Manager shall adopt the rules for the transaction of business of the Commission. The Commission shall also keep records ofmaintain its resolutions, rules, transactions, motions, orders, findings, and recommendations and determinations. Except , except for those items made confidential by California Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043-1046 or by any other applicable privileges under the law, the records. The resolutions, rules, transactions, motions, and recommendations of the Commission shall be open to the public. Commission reports shall be posted on the City's website and open to public inspection, except that. Any information contained therein that is confidential and prohibited from disclosure under any other applicable law shall be redacted.

Sec. 2-670. Severability.

Should any provision of this division, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall ha ve no effect on any other prov ision of this division or Chapter or the application of this Division or Chapter to any other person or circumstance and, to that end, the provisions hereof are severable.

Secs. 2-671—2-699 Reserved.

Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invali d 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

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o. NS-XXX

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it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irres pective of the fact that any one or more sections, subsections, sentences, clauses, phras es, or portions be declared invalid or unconstitutional.

Section 5. This ordinance shall become effective thirty (30) days after its adoption.

Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2025.
_________________________
V a l e r i a A m e z c u a
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By:
_________________________
Jonathan T. Martinez
Assistant City Attorney
AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________

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CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, ______________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ______________________ ________________________________ City Clerk
City of Santa Ana

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State of California

GOVERNMENT CODE
Section 3300
3300. This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act.
(Added by Stats. 1976, Ch. 465.)
Government Code - GOV
TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. )
CHAPTER 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) 3300. This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act.
(Added by Stats. 1976, Ch. 465.)
3301. For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.

The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California. (Amended by Stats. 1990, Ch. 675, Sec. 1.)
3302. (a) Except as otherwise provided by law, or whenever on duty or in uniform, no public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political activity. (b) No public safety officer shall be prohibited from seeking election to, or serving as a member of, the governing board of a school district.
(Amended by Stats. 1978, Ch. 1173.)
3303. When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. (a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, or during the normal waking hours for the public safety officer, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the public safety officer being interrogated, the public safety officer shall be compensated for any off-duty time in accordance with regular department procedures, and the public safety officer shall not be released from employment for any work missed.
(b) The public safety officer under investigation shall be informed prior to the interrogation of the rank, EXHIBIT 2

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name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the public safety officer under interrogation shall be asked by and through no more than two interrogators at one time. (c) The public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation.
(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his or her own personal physical necessities.
(e) The public safety officer under interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the public safety officer under interrogation to be subjected to visits by the press or news media without his or her express consent nor shall his or her home address or photograph be given to the press or news media without his or her express consent. (f) No statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications:
(1) This subdivision shall not limit the use of statements made by a public safety officer when the employing public safety department is seeking civil sanctions against any public safety officer, including disciplinary action brought under Section 19572. (2) This subdivision shall not prevent the admissibility of statements made by the public safety officer under interrogation in any civil action, including administrative actions, brought by that public safety officer, or that officer’s exclusive representative, arising out of a disciplinary action. (3) This subdivision shall not prevent statements made by a public safety officer under interrogation from being used to impeach the testimony of that officer after an in camera review to determine whether the statements serve to impeach the testimony of the officer. (4) This subdivision shall not otherwise prevent the admissibility of statements made by a public safety officer under interrogation if that officer subsequently is deceased. (g) The complete interrogation of a public safety officer may be recorded. If a tape recording is made of the interrogation, the public safety officer shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the officer’s personnel file. The public safety officer being interrogated shall have the right to bring his or her own recording device and record any and all aspects of the interrogation. (h) If prior to or during the interrogation of a public safety officer it is deemed that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights.
(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any public safety officer, that officer, at his or her request, shall have the right to be represented by a representative of his or her choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the officer under investigation for noncriminal matters.

This section shall not apply to any interrogation of a public safety officer in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. (j) No public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. (Amended by Stats. 1994, Ch. 1259, Sec. 1. Effective January 1, 1995.)

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3304. (a) No public safety officer shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.

Nothing in this section shall preclude a head of an agency from ordering a public safety officer to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him or her with insubordination. (b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any public safety officer who has successfully completed the probationary period that may be required by his or her employing agency without providing the public safety officer with an opportunity for administrative appeal.
(c) No chief of police may be removed by a public agency, or appointing authority, without providing the chief of police with written notice and the reason or reasons therefor and an opportunity for administrative appeal.

For purposes of this subdivision, the removal of a chief of police by a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of the public agency or appointing authority, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute “reason or reasons.” Nothing in this subdivision shall be construed to create a property interest, where one does not exist by rule or law, in the job of Chief of Police.
(d) (1) Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. This one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after January 1, 1998. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period.
(2) (A) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. (B) If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. (C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.
(D) If the investigation involves more than one employee and requires a reasonable extension. (E) If the investigation involves an employee who is incapacitated or otherwise unavailable. (F) If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending. (G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution.
(H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer.
(e) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter. (f) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the public safety officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision,

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except if the public safety officer is unavailable for discipline. (g) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a public safety officer if both of the following circumstances exist:
(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.
(2) One of the following conditions exist:
(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency. (B) The evidence resulted from the public safety officer’s predisciplinary response or procedure. (h) For those members listed in subdivision (a) of Section 830.2 of the Penal Code, the 30-day time period provided for in subdivision (f) shall not commence with the service of a preliminary notice of adverse action, should the public agency elect to provide the public safety officer with such a notice. (Amended by Stats. 2009, Ch. 494, Sec. 1. (AB 955) Effective January 1, 2010.) 3304.5. An administrative appeal instituted by a public safety officer under this chapter shall be conducted in conformance with rules and procedures adopted by the local public agency. (Added by Stats. 1998, Ch. 263, Sec. 1. Effective January 1, 1999.) 3305. No public safety officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the public safety officer having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if after reading such instrument the public safety officer refuses to sign it. Should a public safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed by such officer.
(Added by Stats. 1976, Ch. 465.)
3305.5. (a) A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by any public agency against any public safety officer solely because that officer’s name has been placed on a Brady list, or that the officer’s name may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83.
(b) This section shall not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel action against a public safety officer based on the underlying acts or omissions for which that officer’s name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, if the actions taken by the public agency otherwise conform to this chapter and to the rules and procedures adopted by the local agency.
(c) Evidence that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced for any purpose in any administrative appeal of a punitive action, except as provided in subdivision (d). (d) Evidence that a public safety officer’s name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer’s name was placed on a Brady list is proven and the officer is found to be subject to some form of punitive action. If the hearing officer or other administrative appeal tribunal finds or determines that a public safety officer has committed the underlying acts or omissions that will result in a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed.
(e) For purposes of this section, “Brady list” means any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office in accordance with the holding in Brady v.

Maryland (1963) 373 U.S. 83.
(Added by Stats. 2013, Ch. 779, Sec. 1. (SB 313) Effective January 1, 2014.)

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3306. A public safety officer shall have 30 days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to, and shall accompany, the adverse comment.
(Added by Stats. 1976, Ch. 465.)
3306.5. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a public safety officer, during usual business hours, with no loss of compensation to the officer, permit that officer to inspect personnel files that are used or have been used to determine that officer’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.
(b) Each employer shall keep each public safety officer’s personnel file or a true and correct copy thereof , and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the officer.
(c) If, after examination of the officer’s personnel file, the officer believes that any portion of the material is mistakenly or unlawfully placed in the file, the officer may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the officer describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the officer. (d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officer’s request or notify the officer of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the officer. (Added by Stats. 2000, Ch. 209, Sec. 1. Effective January 1, 2001.) 3307. (a) No public safety officer shall be compelled to submit to a lie detector test against his or her will. No disciplinary action or other recrimination shall be taken against a public safety officer refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigator’s notes or anywhere else that the public safety officer refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the public safety officer refused to take, or was subjected to, a lie detector test.
(b) For the purpose of this section, “lie detector” means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.
(Amended by Stats. 1998, Ch. 112, Sec. 1. Effective January 1, 1999.) 3307.5. (a) No public safety officer shall be required as a condition of employment by his or her employing public safety department or other public agency to consent to the use of his or her photograph or identity as a public safety officer on the Internet for any purpose if that officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his or her family.
(b) Based upon his or her reasonable belief that the disclosure of his or her photograph or identity as a public safety officer on the Internet as described in subdivision (a) may result in a threat, harassment, intimidation, or harm, the officer may notify the department or other public agency to cease and desist from that disclosure. After the notification to cease and desist, the officer, a district attorney, or a United States Attorney may seek an injunction prohibiting any official or unofficial use by the department or other public agency on the Internet of his or her photograph or identity as a public safety officer. The court may impose a civil penalty in an amount not to exceed five hundred dollars ($500) per day commencing two working days after the date of receipt of the notification to cease and desist. (Added by Stats. 1999, Ch. 338, Sec. 1. Effective January 1, 2000.) 3308. No public safety officer shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of his family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his official duties, or is necessary for the employing agency to ascertain the desirability of assigning the public safety officer to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered.

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(Added by Stats. 1976, Ch. 465.)
3309. No public safety officer shall have his locker, or other space for storage that may be assigned to him searched except in his presence, or with his consent, or unless a valid search warrant has been obtained or where he has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. (Added by Stats. 1976, Ch. 465.)
3309.5. (a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. (b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to state public safety officers under this chapter or under Section 832.5 of the Penal Code. (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter. (d) (1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer.
(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the party’s attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorney’s fees, incurred by a public safety department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure. (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied and for reasonable attorney’s fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public safety department may not be required to indemnify a contractor for the contractor’s liability pursuant to this subdivision if there is, within the contract between the public safety department and the contractor, a “hold harmless” or similar provision that protects the public safety department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public safety department is liable under this section.
(Amended by Stats. 2005, Ch. 22, Sec. 70. Effective January 1, 2006.) 3310. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to peace officers the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. (Added by Stats. 1976, Ch. 465.)
3311. Nothing in this chapter shall in any way be construed to limit the use of any public safety agency or any public safety officer in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved.
(Amended by Stats. 1977, Ch. 579.)
3312. Notwithstanding any other provision of law, the employer of a public safety officer may not take any punitive action against an officer for wearing a pin or displaying any other item containing the American flag, unless the employer gives the officer written notice that includes all of the following:

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(a) A statement that the officer’s pin or other item violates an existing rule, regulation, policy, or local agency agreement or contract regarding the wearing of a pin, or the displaying of any other item, containing the American flag.
(b) A citation to the specific rule, regulation, policy, or local agency agreement or contract that the pin or other item violates.
(c) A statement that the officer may file an appeal against the employer challenging the alleged violation pursuant to applicable grievance or appeal procedures adopted by the department or public agency that otherwise comply with existing law.
(Added by Stats. 2002, Ch. 170, Sec. 2. Effective January 1, 2003.) 3313. In the 2005–06 fiscal year, the Commission on State Mandates shall review its statement of decision regarding the Peace Officer Procedural Bill of Rights test claim and make any modifications necessary to this decision to clarify whether the subject legislation imposed a mandate consistent with the California Supreme Court Decision in San Diego Unified School Dist. v. Commission on State Mandates (2004) 33 Cal.4th 859 and other applicable court decisions. If the Commission on State Mandates revises its statement of decision regarding the Peace Officer Procedural Bill of Rights test claim, the revised decision shall apply to local government Peace Officer Procedural Bill of Rights activities occurring after the date the revised decision is adopted. (Added by Stats. 2005, Ch. 72, Sec. 6. Effective July 19, 2005.)

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State of California

PENAL CODE
Section 832.5
832.5. (a)  (1)  Each department or agency in this state that employs peace officers shall establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public.
(2)  Each department or agency that employs custodial officers, as defined in Section 831.5, may establish a procedure to investigate complaints by members of the public against those custodial officers employed by these departments or agencies, provided, however, that any procedure so established shall comply with the pro visions of this section and with the provisions of Section 832.7.
(b)  Complaints and any reports or findings relating to these complaints, including all complaints and any reports currently in the possession of the department or agency, shall be retained for a period of no less than 5 years for records where there was not a sustained finding of misconduct and for not less than 15 years where there w as a sustained finding of misconduct. A record shall not be destro yed while a request related to that record is being processed or an y process or litig ation to determine whether the record is subject to release is ongoing. All complaints retained pursuant to this subdivision may be maintained either in the peace or custodial officer’s general personnel file or in a separate file designated by the department or agency as provided by department or agenc y policy, in accordance with all applicable requirements of law. However, prior to an y official determination re garding promotion, transfer, or disciplinary action by an officer’s employing department or agency, the complaints described by subdivision (c) shall be remo ved from the officer’ s general personnel file and placed in a separate file designated by the department or agency, in accordance with all applicable requirements of law.
(c)  Complaints by members of the public that are determined by the peace or custodial officer’s employing agency to be frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or unfounded or exonerated, or any portion of a complaint that is determined to be frivolous, unfounded, or exonerated, shall not be maintained in that officer’s general personnel file. Ho wever, these complaints shall be retained in other, separate files that shall be deemed personnel records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and Section 1043 of the Evidence Code. (1)  Management of the peace or custodial officer’s employing agency shall have access to the files described in this subdivision.
(2)  Management of the peace or custodial officer’ s employing agency shall not use the complaints contained in these separate files for puniti ve or promotional

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purposes except as permitted by subdivision (f) of Section 3304 of the Go vernment Code.
(3)  Management of the peace or custodial officer’s employing agency may identify any officer who is subject to the complaints maintained in these files which require counseling or additional training. However, if a complaint is removed from the officer’s personnel file, any reference in the personnel file to the complaint or to a separate file shall be deleted.
(d)  As used in this section, the following definitions apply:
(1)  “General personnel file” means the file maintained by the agenc y containing the primary records specific to each peace or custodial officer’s employment, including evaluations, assignments, status changes, and imposed discipline. (2)  “Unfounded” means that the investigation clearly established that the allegation is not true.
(3)  “Exonerated” means that the investigation clearly established that the actions of the peace or custodial officer that formed the basis for the complaint are not violations of law or department policy.
(Amended by Stats. 2022, Ch. 28, Sec. 125. (SB 1380) Effective January 1, 2023.)

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State of California

PENAL CODE
Section 832.7
832.7. (a)  Except as pro vided in subdi vision (b), the personnel records of peace officers and custodial officers and records maintained by a state or local agenc y pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in an y criminal or ci vil proceeding e xcept by disco very pursuant to Sections 1043 and 1046 of the Evidence Code. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, the Attorney General’s office, or the Commission on Peace Officer Standards and Training.
(b)  (1)  Notwithstanding subdi vision (a), Section 7923.600 of the Go vernment Code, or an y other la w, the follo wing peace officer or custodial officer personnel records and records maintained by a state or local agenc y shall not be confidential and shall be made a vailable for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code):
(A)  A record relating to the report, investigation, or findings of any of the following:
(i)  An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
(ii)  An incident involving the use of force ag ainst a person by a peace officer or custodial officer that resulted in death or in great bodily injury. (iii)  A sustained finding in volving a complaint that alle ges unreasonable or excessive force.
(iv)  A sustained finding that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive.
(B)  (i)  Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. (ii)  As used in this subparagraph, “se xual assault” means the commission or attempted initiation of a se xual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority. For purposes of this definition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault. (iii)  As used in this subparagraph, “member of the public” means any person not employed by the officer’s employing agency and includes any participant in a cadet, explorer, or other youth program affiliated with the agency.

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(C)    Any record relating to an incident in which a sustained finding was made by any law enforcement agenc y or o versight agency involving dishonesty by a peace officer or custodial officer directly relating to the reporting, in vestigation, or prosecution of a crime, or directly relating to the reporting of, or in vestigation of misconduct by, another peace officer or custodial officer , including, but not limited to, any false statements, filing false reports, destruction, falsifying, or concealing of evidence, or perjury.
(D)  Any record relating to an incident in which a sustained finding w as made by any law enforcement agenc y or o versight agency that a peace officer or custodial officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
(E)  Any record relating to an incident in which a sustained finding w as made by any la w enforcement agenc y or o versight agenc y that the peace officer made an unlawful arrest or conducted an unlawful search.
(2)  Records that are subject to disclosure under clause (iii) or (iv) of subparagraph (A) of paragraph (1), or under subparagraph (D) or (E) of paragraph (1), relating to an incident that occurs before January 1, 2022, shall not be subject to the time limitations in paragraph (11) until January 1, 2023.
(3)  Records that shall be released pursuant to this subdi vision include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to an y person or body char ged with determining whether to file criminal charges against an officer in connection with an incident, whether the officer’s action w as consistent with la w and agenc y polic y for purposes of discipline or administrative action, or what discipline to impose or correcti ve action to tak e; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including an y letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Sk elly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action. Records that shall be released pursuant to this subdivision also include records relating to an incident specified in paragraph (1) in which the peace officer or custodial officer resigned before the law enforcement agency or oversight agency concluded its investigation into the alleged incident. (4)  A record from a separate and prior in vestigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision.
(5)  If an in vestigation or incident in volves multiple officers, information about allegations of misconduct by, or the analysis or disposition of an investigation of, an officer shall not be released pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1), unless it relates to a sustained finding regarding that officer that is itself subject

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to disclosure pursuant to this section. However, factual information about that action of an officer during an incident, or the statements of an officer about an incident, shall be released if they are relevant to a finding ag ainst another officer that is subject to release pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1). (6)  An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:
(A)  To remove personal data or information, such as a home address, telephone number, or identities of f amily members, other than the names and w ork-related information of peace and custodial officers.
(B)  To preserv e the anon ymity of whistleblo wers, complainants, victims, and witnesses.
(C)  To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal la w or would cause an unw arranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct and use of force by peace officers and custodial officers. (D)  Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person.
(7)  Notwithstanding paragraph (6), an agenc y may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information. (8)  An agency may withhold a record of an incident described in paragraph (1) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:
(A)  (i)  During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the misconduct or use of force occurred or until the district attorney determines whether to file criminal charges related to the misconduct or use of force, whiche ver occurs sooner . If an agenc y delays disclosure pursuant to this clause, the agenc y shall pro vide, in writing, the specific basis for the agenc y’s determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.
(ii)  After 60 days from the misconduct or use of force, the agenc y may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding ag ainst an officer who engaged in misconduct or used the force. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agency’s determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner.

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(iii)  After 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding ag ainst someone other than the officer who engaged in the misconduct or used the force. If an agency delays disclosure under this clause, the agenc y shall, at 180-day interv als, provide, in writing, the specific basis why disclosure could reasonably be expected to interfere with a criminal enforcement proceeding, and shall provide an estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whiche ver occurs sooner , unless e xtraordinary circumstances w arrant continued delay due to the ongoing criminal investigation or proceeding. In that case, the agency must show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal in vestigation or proceeding outweighs the public interest in prompt disclosure of records about misconduct or use of force by peace officers and custodial officers. The agency shall release all information subject to disclosure that does not cause substantial prejudice, including any documents that have otherwise become available.
(iv)  In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, an agenc y may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation.
(B)  If criminal charges are filed related to the incident in which misconduct occurred or force was used, the agency may delay the disclosure of records or information until a verdict on those char ges is returned at trial or , if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018. (C)  During an administrative investigation into an incident described in paragraph (1), the agenc y may delay the disclosure of records or information until the investigating agency determines whether the misconduct or use of force violated a law or agenc y policy, but no longer than 180 days after the date of the emplo ying agency’s discovery of the misconduct or use of force, or allegation of misconduct or use of force, by a person authorized to initiate an investigation. (9)  A record of a complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined in Section 128.5 of the Code of Ci vil Procedure, or if the complaint is unfounded.
(10)  The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Go vernment Code shall not include the costs of searching for, editing, or redacting the records. (11)  Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (8), records subject to disclosure under this subdi vision shall

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be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure.
(12)  (A)  For purposes of releasing records pursuant to this subdi vision, the lawyer-client privilege does not prohibit the disclosure of either of the following:
(i)  Factual information pro vided by the public entity to its attorne y or f actual information discovered in any investigation conducted by, or on behalf of, the public entity’s attorney.
(ii)  Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the public entity and its attorney. (B)  This paragraph does not prohibit the public entity from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law.
(13)  Notwithstanding subdivision (a) or an y other la w, an agenc y that formerly employed a peace officer or custodial officer may , without recei ving a request for disclosure, disclose to the public the termination for cause of that officer by that agency for any disclosable incident, including those described in subparagraphs (A) to (E), inclusive, of paragraph (1). Any such disclosure shall be at the discretion of the agency and shall not include any information otherwise prohibited from disclosure.

This paragraph is declaratory of existing law.
(c)  Notwithstanding subdivisions (a) and (b), a department or agency shall release to the complaining party a copy of the complaining party’s own statements at the time the complaint is filed.
(d)  Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may disseminate data re garding the number , type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form which does not identify the individuals involved.
(e)  Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representati ve, publicly mak es a statement the y know to be f alse concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary in vestigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or their agent or representative.
(f)  (1)  The department or agenc y shall pro vide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.

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(2)  The notification described in this subdi vision is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States. (g)  This section does not affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code.
(h)  This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to subdivision (a), which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.
(i)  Nothing in this chapter is intended to limit the public’ s right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.
(Amended by Stats. 2024, Ch. 3, Sec. 1. (SB 400) Effective January 1, 2025.)

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State of California

PENAL CODE
Section 832.8
832.8. As used in Section 832.7, the following words or phrases have the following meanings:
(a)  “Personnel records” means an y file maintained under that indi vidual’s name by his or her employing agency and containing records relating to any of the following:
(1)  Personal data, including marital status, f amily members, educational and employment history, home addresses, or similar information. (2)  Medical history.
(3)  Election of employee benefits.
(4)  Employee advancement, appraisal, or discipline.
(5)  Complaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she percei ved, and pertaining to the manner in which he or she performed his or her duties.
(6)  Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy.
(b)  “Sustained” means a final determination by an in vestigating agenc y, commission, board, hearing officer , or arbitrator , as applicable, follo wing an investigation and opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the actions of the peace officer or custodial officer were found to violate law or department policy. (c)  “Unfounded” means that an investigation clearly establishes that the allegation is not true.
(Amended by Stats. 2018, Ch. 988, Sec. 3. (SB 1421) Effective January 1, 2019.)

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State of California

EVIDENCE CODE
Section 1040-1047

Evidence Code - EVID
DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. )
CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. )

1040. (a) As used in this section, “official information” means information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed, to the public prior to the time the claim of privilege is made.
(b) A public entity has a privilege to refuse to disclose official information, and to prevent another from disclosing official information, if the privilege is claimed by a person authorized by the public entity to do so and either of the following apply:
(1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state.

(2) Disclosure of the information is against the public interest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice; but no privilege may be claimed under this paragraph if any person authorized to do so has consented that the information be disclosed in the proceeding. In determining whether disclosure of the information is against the public interest, the interest of the public entity as a party in the outcome of the proceeding may not be considered.

(c) Notwithstanding any other law, the Employment Development Department shall disclose to law enforcement agencies, in accordance with subdivision (i) of Section 1095 of the Unemployment Insurance Code, inf ormation in its possession relating to any person if an arrest warrant has been issued for the person for commission of a felony.
(Amended by Stats. 2015, Ch. 20, Sec. 1. (SB 79) Effective June 24, 2015.)

1041. (a) Except as provided in this section, a p ublic entity has a privilege to refuse to disclose the identity of a person who has furnished information as provided in subdivision (b) purporting to disclose a violation of a law of the United States or of this state or of a public entity in this state, and to prevent another from disclosing the person’s identity, if the privilege is claimed by a person authorized by the public entity to do so and either of the following apply:

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(1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state.

(2) Disclosure of the identity of the informer is against the public interest because the necessity for preserving the confidentiality of his or her identity outweighs the necessity for disclosure in the interest of justice. The p rivilege shall not be claimed under this paragraph if a person authorized to do so has consented that the identity of the informer be disclosed in the proceeding. In determining whether disclosure of the identity of the informer is against the public interest, the interest of the public entity as a party in the outcome of the proceeding shall not be considered.

(b) The privilege described in this section applies only if the information is furnished in confidence by the informer to any of the following:
(1) A law enforcement officer.

(2) A representative of an administrative agency charged with the administration or enforcement of the law alleged to be violated.

(3) Any person for the purpose of transmittal to a person listed in paragraph (1) or (2). As us ed in this paragraph, “person” includes a volunteer or employee of a crime stopper organization.

(c) The privilege described in this section shall not be construed to prevent the informer from disclosing his or her identity.
(d) As used in this section, “ crime stopper organization” means a private, nonprofit organization that accepts and expends donations used to reward persons who report to the organization information concerning alleged criminal activity, and forwards the information to the appropriate law enforcement agency. (Amended by Stats. 2013, Ch. 19, Sec. 1. (AB 1250) Effective January 1, 2014.)

1042. (a) Except where disclosure is forbidden by an act of the Congress of the United States, if a claim of privilege under this article by the state o r a public entity in this state is sustained in a criminal proceeding, the presiding officer shall make such order or finding of fact adverse to the public entity bringing the proceeding as is required by law upon any issue in the proceeding to which the p rivileged information is material.
(b) Notwithstanding subdivision (a), where a search is made pursuant to a warrant valid on its face, the public entity bringing a criminal proceeding is not required to reveal to the defendant official information or the identity of an informer in order to establish the legality of the search or the admissibility of any evidence obtained as a result of it.
(c) Notwithstanding subdivision (a), in any preliminary hearing, criminal trial, or other criminal proceeding, any oth erwise admissible evidence of information communicated to a peace officer by a confidential informant, who is not a material witness to the guilt or innocence of the accused of the offense charged, is admissible on the issue of reasonable cause to make an arrest or search without requiring that the name or identity of the informant be disclosed if the judge or

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magistrate is satisfied, based upon evidence produced in open court, out of the presence of the jury, that such information was received from a relia ble informant and in his discretion does not require such disclosure. (d) When, in any such criminal proceeding, a party demands disclosure of the identity of the informant on the ground the informant is a material witness on the issue of guilt, the court shall conduct a hearing at which all parties may present evidence on the issue of disclosure. Such hearing shall be conducted outside the presence of the jury, if any. During the hearing, if the privilege provided for in Section 1041 is claimed by a person authorized to do so or if a person who is authorized to claim such privilege refuses to answer any question on the ground that the answer would tend to disclose the identity of the informant, the prosecuting attorney may request that the court hold an in camera hearing. If such a request is made, the court shall hold such a hearing outside the presence of the defendant and his counsel. At the in camera hearing, the prosecution may offer evidence which would tend to disclose or which discloses the identity of the informant to aid the court in its determination whether there is a reasonable possibility that nondisclosure might deprive the defendant of a fair trial. A reporter shall be present at the in camera hearing. Any transcription of the proceedings at t he in camera hearing, as well as any physical evidence presented at the hearing, shall be ordered sealed by the court, and only a court may have access to its contents. The court shall not order disclosure, nor strike the testimony of the witness who invok es the privilege, nor dismiss the criminal proceeding, if the party offering the witness refuses to disclose the identity of the informant, unless, based upon the evidence presented at the hearing held in the presence of the defendant and his counsel and the evidence presented at the in camera hearing, the court concludes that there is a reasonable possibility that nondisclosure might deprive the defendant of a fair trial. (Amended by Stats. 1969, Ch. 1412.)

1043. (a) In any case in which discovery or dis closure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of the Penal Code or information from those records, the party seeking the discovery or disclosure shall file a written motion with the approp riate court or administrative body upon written notice to the governmental agency that has custody and control of the records, as follows:
(1) In a civil action, the written notice shall be given at the times prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure.

(2) In a criminal action, the written notice shall be served and filed at least 10 court days before the hearing. All papers opposing a motion so noticed shall be filed with the court at least five court days, and all reply papers at least two court days, before the hearing. Proof of service of the notice shall be filed no later than five court days before the hearing.

(b) The motion shall include all of the following:
(1) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the government al agency that has custody and control of the records,

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and the time and place at which the motion for discovery or disclosure shall be heard.

(2) A description of the type of records or information sought.

(3) Affidavits showing good cause for the discov ery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation and stating upon reasonable belief that the governmental agency identified has the records or information from the records.

(c) Upon r eceipt of a notice served pursuant to subdivision (a), the governmental agency shall immediately notify the individual whose records are sought. (d) No hearing upon a motion for discovery or disclosure shall be held without full compliance with the notice provisions of this section except upon a showing by the moving party of good cause for noncompliance, or upon a waiver of the hearing by the governmental agency identified as having the records. (Amended by Stats. 2019, Ch. 585, Sec. 2. (AB 1600) Effective January 1, 2020.)

1044. Nothing in this article shall be construed to affect the right of access to records of medical or psychological history where such access would otherwise be available under Section 996 or 1016.
(Added by Stats. 1978, Ch. 630.)

1045. (a) This article does not affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those investigations, concerning an event or transaction in which the peace officer or custodial off icer, as defined in Section 831.5 of the Penal Code, participated, or which the officer perceived, and pertaining to the manner in which the officer performed the officer’s duties, provided that information is relevant to the subject matter involved in the pending litigation.
(b) In determining relevance, the court shall examine the information in chambers in conformity with Section 915, and shall exclude from disclosure both of the following:
(1) In any criminal proceeding the conclusions of any officer in vestigating a complaint filed pursuant to Section 832.5 of the Penal Code.

(2) Facts sought to be disclosed that are so remote as to make disclosure of little or no practical benefit.

(c) In determining relevance where the issue in litigation concerns th e policies or pattern of conduct of the employing agency, the court shall consider whether the information sought may be obtained from other records maintained by the employing agency in the regular course of agency business which would not necessitate the disclosure of individual personnel records. (d) Upon motion seasonably made by the governmental agency which has custody or control of the records to be examined or by the officer whose records are sought, and upon good cause showing the necessity thereof , the court may make any order

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which justice requires to protect the officer or agency from unnecessary annoyance, embarrassment or oppression.
(e) The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043, order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law.
(Amended by Stats. 2021, Ch. 402, Sec. 1. (SB 16) Effective January 1, 2022.)

1046. In any case, otherwise authorized by law, in which the party seeking disclosure is alleging excessive force by a peace officer or custodial officer, as defined in Section 831.5 of the Penal Code, in connection with the arrest of that party, or for conduct alleged to have occurred within a jail facility, the motion shall include a copy of the police report setting forth the circumstances under which the party was stopped and arrested, or a copy of the crime report setting forth the circumstances under which the conduct is alleged to have occurred within a jail facility.
(Amended by Stats. 2002, Ch. 391, Sec. 3. Effective January 1, 2003.)

1047. (a) Records of peace officers or custodial officers, as defined in Section 831.5 of the Penal Code, includi ng supervisorial officers, who either were not present during the arrest or had no contact with the party seeking disclosure from the time of the arrest until the time of booking, or who were not present at the time the conduct at issue is alleged to have occurred within a jail facility, shall not be subject to disclosure.
(b) Notwithstanding subdivision (a), if a supervisorial officer whose records are being sought had direct oversight of a peace officer or a custodial officer, as defined in Section 831.5 of the Penal Code and issued command directives or had command influence over the circumstances at issue, the supervisorial officer’s records shall be subject to disclosure pursuant to Section 1045 if the peace officer or custodial officer under supervisio n was present during the arrest, had contact with the party seeking disclosure from the time of the arrest until the time of booking, or was present at the time the conduct at issue is alleged to have occurred within a jail facility.
(Amended by Stats. 2019, Ch. 585, Sec. 3. (AB 1600) Effective January 1, 2020.)

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Community Development Agency
www. santa-ana.org/community-development
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: Resolution Declaring Results of Majority Protest Proceedings to Renew the Santa Ana Tourism Marketing District (SATMD)

AGENDA TITLE
Public Hearing - Resolution Declaring Results of Majority Protest Proceedings to Renew the Santa Ana Tourism Marketing District (SATMD)
Legal notice published in the OC Reporter on May 16, 2025.

RECOMMENDED ACTION

1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for the renewal of the Santa Ana Tourism Marketing District.

2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest.

3. If the Council determines that no valid majority protest was lodged, adopt a resolution confirming the renewal of the Santa Ana Tourism Marketing District.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA DECLARING RESULTS OF MAJORITY PROTEST

PROCEEDINGS AND RENEWING THE SANTA ANA TOURISM MARKETING

DISTRICT (SATMD)
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
On November 17, 2020, the City Council of the City of Santa Ana (Council) adopted a resolution to establish the SATMD for a five-year term. Travel Santa Ana (TSA) and Santa Ana lodging businesses now wish to renew the SATMD for an additional ten (10) year term. Extending the SATMD term to 10 years allows TSA more time to implement long-term marketing strategies and infrastructure improvements that will require sustained efforts in order to yield measurable results. With a strong five-year track record, SATMD has built trust among hotel partners and is well-positioned for continued growth. The 10-year term reduces the administrative burden of renewals for shorter terms and allows more focus on sales and marketing. The proposal for a 10-year term is

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backed by SATMD hoteliers and aligns with the industry norm, as about 90% of TMD renewals in California—including those in major Southern California cities—opt for a 10- year term. Further details are included in Exhibit 3.

The SATMD is a participant-driven benefit assessment district proposed to create a revenue source to help fund marketing and sales promotion efforts for Santa Ana lodging businesses. The City’s role in the SATMD is limited to acting as a fiscal agent. It facilitates the collection and distribution of funds, but does not influence how those funds are used. All decisions regarding spending priorities and marketing activities are made by the Travel Santa Ana Board of Directors. Additionally, the City does not contribute or allocate any public funding to support SATMD, which is entirely self- imposed and funded by the participating hotels themselves. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The established SATMD includes all lodging businesses with seventy (70) rooms or more located within the boundaries of the City, which is 17 of those lodging businesses in SATMD.

The City has received signed petitions from 12 of the 17 lodging businesses, which represent 74% of the total Hotel Visitor Tax assessment, indicating that they wish to initiate proceedings to renew the Santa Ana Tourism Marketing District for an additional 10-year term. The Property and Business Improvement District Law of 1994 requires more than 50% of assessed hotels to sign a petition in support to renew the Tourism Marketing District.

Lodging business owners decided to pursue renewal of the SATMD in order to continue with a dedicated revenue source devoted to marketing Santa Ana as a tourist, meeting, and event destination. These funds have been managed by the TSA Board of Directors, a non-profit tourism and marketing destination organization that was created.

FIVE-YEAR TSA ACCOMPLISHMENTS
Established with the formation of the SATMD in 2020, TSA has positioned itself as the city's official destination marketing organization, effectively shaping a distinct brand identity and enhancing Santa Ana’s visibility as a dynamic visitor destination. Through strategic leadership, data-driven decision-making, and targeted marketing initiatives, TSA has strengthened tourism's economic impact while fostering robust community engagement.

To establish a cohesive and authentic brand identity, TSA implemented an innovative branding strategy, replacing a traditional logo with signature designs created in collaboration with five local artists. This community-driven approach reflects Santa Ana’s cultural and artistic vibrancy. The organization also developed two comprehensive three-year strategic plans, outlining a framework for sustained destination marketing efforts. A critical component of this strategy was the launch of www.travelsantaana.com, serving as the primary digital platform for promoting Santa Ana’s attractions, businesses, and events.

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TSA has also focused on enhancing visitor engagement through curated content and outreach initiatives. The publication of an annual Visitors Guide and a Public Art Guide, highlighting over 200 murals citywide, has provided valuable resources for tourists and residents alike. The "Santa Ana Enthusiast" ambassador program further strengthened community involvement by engaging local stakeholders in promoting the city's unique experiences.

Strategic sales and marketing efforts have targeted key market segments, driving tourism-related economic activity. A comprehensive digital marketing strategy, incorporating official social media channels and a professionally produced destination video, has amplified Santa Ana’s presence across multiple platforms. Notable collaborations, such as partnerships with the Orange County Restaurant Association for OC Restaurant Week and the "Proud Santanero" campaign series, have spotlighted local businesses and cultural assets.

Recognizing the importance of data in decision-making, TSA commissioned the city's first tourism economic impact study, providing critical insights into visitor trends and spending patterns. International outreach has been a key priority, with initiatives such as a culinary passport program showcasing Santa Ana’s diverse dining scene and a pioneering cannabis tourism program designed to attract niche travel markets. These efforts have positioned Santa Ana as a compelling destination for both domestic and international visitors, particularly from Mexico and Canada.

Further expanding its global reach, TSA has developed an international marketing plan and secured a partnership with acclaimed travel journalist Peter Greenberg for a segment on Santa Ana’s “Hidden Gems,” set to air on PBS and Apple TV. These initiatives collectively contribute to Santa Ana’s long-term tourism growth, reinforcing the city's status as a premier destination within the region.

It was reported that in January 2025, the hotel occupancy for the SATMD was up 11.9% from January 2024. In addition, the Average Daily Rate for hotels were up 1.6% which resulted in a 13.7% increase in hotel revenue.

TOURISM MARKETING DISTRICT BACKGROUND
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TMD fund the TMD, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TMD.

TMD benefits:
➢Funds cannot be diverted for other City government programs ➢They are customized to fit the needs of each destination

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➢They allow for a wide range of services, including: destination marketing, tourism promotion, and sales lead generation
➢They are designed, created, and governed by those who will pay the assessment ➢They provide a stable funding source for tourism promotion In California, TMDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of a special benefit assessment districts to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TMD.

MANAGEMENT DISTRICT PLAN
The Management District Plan (Exhibit 2) includes the proposed boundary of the SATMD, a service plan and budget, and a proposed means of governance. The SATMD will include all lodging businesses with seventy (70) rooms or more, existing and in the future, available for public occupancy within the boundaries of the City.

The renewed SATMD will have a ten (10) year life, beginning January 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the SATMD may be renewed pursuant to the 94 Law if assessed business owners support continuing the SATMD programs. The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%). Any increase must address specific needs, such as tourism recovery or expanding marketing efforts, and can later be reduced, though not below 2%. This flexible funding structure allows Santa Ana hoteliers to respond strategically to changing market conditions. Decisions on rate changes are guided by the Travel Santa Ana Board, considering factors like occupancy and economic impact. Regular monthly reporting ensures transparency, and the TMD hoteliers support the structured increase approach, which aligns with practices in about 43% of California Tourism Marketing Districts.

Transient Occupancy Tax Rate in Comparison (highest to lowest) City TOT Additional
Assessments
Total
Assessment
Anaheim 15% 2% 17%
Garden Grove 14.5% 2.5% 17%
Long Beach 12% 3% 15%
Buena Park 12% 2% 14%
Laguna Beach 12% 2% 14%

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Huntington Beach 10% 4% 14%
Newport Beach 10% 3% 13%
Santa Ana 11% 2% 13%
Costa Mesa 8% 3% 11%
The City of Santa Ana has been and will continue to be responsible for collecting the assessment on a monthly basis (including any delinquencies, overdue charges, and interest) from each assessed lodging business located in the boundaries of the SATMD.

The City then disburses the assessment amounts, minus the two percent (2%) administrative fee, to TSA. Since inception of the first SATMD, the City has collected $114,114 in administration fees. This 2% fee supports the administrative costs incurred by the Finance and Community Development staff in administering the program.

At the April 15 City Council meeting, the Council requested additional information regarding the proposed 10-year term and the potential for assessment increases. This information is provided by Travel Santa Ana in Exhibit 3.

SATMD RENEWAL SCHEDULE
April 15, 2025 RESOLUTION OF INTENTION HEARING (COMPLETED) Upon the submission of a written petition, signed by the business owners in the established district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the Council may initiate proceedings to establish a district by the adoption of a resolution expressing its intention to renew a district.

Petition Status: Petitions in favor of SATMD renewal were submitted by 12 lodging businesses, which represent 74% of the total SATMD assessment. This majority petition allowed the Council to initiate proceedings for SATMD renewal at the April 15, 2025 meeting.

April 16, 2025 NOTICE (COMPLETED)
The 94 Law requires the City to mail written notice to the owners of all businesses proposed to be within the SATMD. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest SATMD renewal.

June 3, 2025 PUBLIC MEETING (COMPLETED)
Allow public testimony on the renewal of the SATMD and levy of assessments. No Council action required.

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July 1, 2025 FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the established SATMD which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.

At the conclusion of the public hearing to renew the SATMD, the Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments.

Proposed assessments may only be revised by reducing any or all of them.

If the Council, following the public hearing, decides to renew the SATMD, the Council shall adopt a resolution of formation.

FISCAL IMPACT
The City will receive a fee of two percent (2%) of the amount collected to cover its costs of administration. Funds are received from Community Development Agency (CDA) account 09601001-24054 and deposited in Finance Management Services Agency (FMSA) account 01110002-57000.

EXHIBIT

1. Resolution Declaring Results of Majority Protest Proceedings to Renew the SATMD

2. SATMD Management District Plan

3. City Council Request for Information Summary

4. Public Notice - Proof of Publication
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager

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July 1, 2025