(a) Hotels, motels, lodging houses, care homes, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.
(b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.
(c) Eating establishments with drive-through window service.
(d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.
(e) Laundromats, subject to the develo pment and performance standards set forth in Section 41-199.
(f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.
(g) Check cashing facilities, as defined by Section 41-42.7 of this Code.
(h) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.
(i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.
(j) Adult day care facilities.
(k) Superstores.
(l) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.
Section 21. Section 41-424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-424.5. – Uses subject to a conditional use permit in the C5 district.
The following uses may be permit ted in the C5 district subject to the issuance of a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.
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(b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses.
(c) Hospitals.
(d) Public utility structures, including electric distribution and transmission substations.
(e) Eating establishments with drive-through or walk-up window service.
(f) Service stations and automobile servicing.
(g) Car wash establishments, provided they are wholly enclosed.
(h) Laundries.
(i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.
(j) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.
(k) Laundromats, subject to the development and performance standards set forth in Section 41-199.
(l) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.
(m) Banquet facili ties, subject to development and operational standards set forth in Section 41-199.1.
(n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.
(o) Adult day care facilities.
(p) Superstores.
(q) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.
Section 22. Section 41-442.5 (Uses subject to a conditional use permit in the CR district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-442.5. – Uses subject to a conditional use permit in the CR district.
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The following uses may be permit ted in the CR district subject to the issuance of a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.
(b) Service stations, provided they are integrated into a larger development site and accessible only by limited access ways serving the larger site as a whole.
(c) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.
(d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.
(e) Retail markets having less than twenty thousan d (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.
(f) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.
(g) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.
Section 23. Section 41-522 (Uses subject to a conditional use permit in the C - SM district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-522. – Uses subject to a conditional use permit in the C-SM district.
The following uses may be permitted in the C -SM district subject to the issuance of a conditional use permit:
(a) Clubs, lodges and fraternal organizations.
(b) Outdoor and indoor recreational or ent ertainment uses including night clubs, other than those set forth in Section 41-521 of this chapter.
(c) Hotels, motels, lodging houses, care homes, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.
(d) Thrift and re sale stores, antique shops and collectable stores, excluding pawn shops and auction houses.
(e) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.
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(f) Laundromats.
(g) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1 of this chapter.
(h) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1 of this chapter.
(i) Automobile repair and automobile servicing.
(j) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.
(k) Churches and accessory church buildings.
(l) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.
Section 24. Section 41 -603 (Area – Generally) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-603. - Area—Generally.
(a) Any lot shown upon an official subdivision map duly approved by the city council and recorded in the office of the county recorder, or any lot for which a recorded contract of sale was in full force and effect prior to June 3, 1954, and the deed is so recorded in the office of the county recorder, may be used as a legal building site, subject to the conditions, limitat ions, and restrictions governing the district in which it is located.
(b) The following exception to yard requirements shall be applied with respect to all buildings, structures, and uses permitted in the A1, RE, R1, R2, R3, and P districts: Where forty (40) per cent or more of the lots along any block, excluding reverse corner lots and key lots, are developed with buildings, the required front yard for any new building or alteration to an existing building shall be not less than the arithmetical average of th e front yards of said buildings. In computing said average front yard, main buildings situated entirely on the rear one -half (½) of any lot along said block shall not be included. Notwithstanding this subsection, no front yard shall be less than twenty (20) feet from a front property line.
(c) In any commercial district, the front and side yards required for dwellings, apartments, and hotels and boardinghouses may be waived when such uses are erected above the ground floor of a building when said ground floor has no required front and side yard.
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Section 25. Section 41-1323 (Care Homes) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1323. - Care Homes Residential care facilities.
The minimum off-street parking requirements for care homes residential care facilities are as follows: one (1) space for each three (3) beds.
Section 26. Section 41 -1324 (Lodging houses) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1324. - Lodging houses.Reserved.
The minimum off-street parking requirements for lodging houses are as follows: one (1) space for each guest room or one (1) space for each one hundred fifty (150) square feet of sleeping area, whichever is greater, plus two (2) enclosed spaces for use by the operator of the lodging house and two (2) guest spaces.
Section 27. Article XXIII (Group Homes Facilities) of Chapter 41 of the SAMC is hereby added to read as follows:
ARTICLE XXIII. – GROUP HOME FACILITIES
Sec. 41-2400. - Purpose.
This Article is intended to preserve the residential character of residential neighborhoods, avoid institutionalization of the disabled, and further the purposes of the California Fair Employment and Housing Act, the Federal Fair Housing Act Amendments of 1988, and the California Lanterman Development Disabilities Services Act by, among other things: (1) allowing group homes in the City, subject to streamlined administrative approval; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; ( 3) providing opportunities afforded to non -disabled individuals to use and enjoy a dwelling unit in a residential neighborhood; and ( 4) providin g comfortable residential living environments that will enhance the opportunity for the disabled and for individuals recovering from addiction to be successful in their programs.
Sec. 41-2401. - Applicability and Permitted Zones.
(a) Permit required. No group home may be established or operated in the City without:
(1) A Group Home Special Use Permit issued in accordance with Section 41- 2402 of this Chapter, if the group home has six or fewer occupants; or
(2) A conditional use permit issued in accordance with Section 41-2403 of this Chapter and an Operator’s Permit issued in accordance with Article XXIII of Chapter 8 of the SAMC, if the group home has seven or more occupants.
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(b) Permitted zones. A group home with requisite permits issued in accordance with this Article may be established in the zoning districts provided in the table below.
Group Home Type Zoning Districts
A1 RE R1 R2 R3 R4 SDs/SPs**
Small (6 or less
occupants)
P* P* P* P* P* P* P*
Large (7 or more
occupants)
- - - CUP CUP CUP CUP
P = permitted by right
CUP = permitted subject to a conditional use permit
* Subject to issuance of a Group Home Special Use Permit in conformance with applicable operational and development standards.
** Permitted (P) where single-family residential is a principally permitted use; CUP is required where multiple- family residential use is a principally permitted use ; in zones where both single - and multiple-family use are principally permitted uses, a CUP shall be required.
(c) As required by state or federal law, a residential care facility serving six or fewer persons is exempt from this Section, except that such facilities must comply with Section 41-2402(b)(15)(iii); and is considered a residential use of property and a single-family dwelling.
Sec. 41-2402. – Administrative Approval – Group Home Special Use Permit.
(a) Consistent with Section 41-2401, no group home may be established or operated in the City without an administrative approval of a Group Home Special Use Permit issued in accordance with this Section.
(b) Such group homes shall comply with the following requirements for issuance of a Group Home Special Use Permit:
(1) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property is required.
(2) No group home may be established or operated on any lot that is within 650 feet, as measured from the closest property lines, from another group home.
This standard shall not apply to group homes with six or fewer occupants located in the A1, RE, or R1 zoning districts that are not operating as a sober- living home.
(3) The group home must have a house manager w ho resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24 -hour basis, seven days a week, and who are responsible for the day-to-day operation of the group home.
(4) If the dwelling unit has a n accessory dwelling unit or junior accessory dwelling unit , occupants of all units on the property will be combined to determine whether or not the limit of six occupants has been exceeded.
(5) A group home in no event shall have more than seven occupants, including the house manager.
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(6) The group home shall not be located in an accessory dwelling unit or junior accessory dwelling unit unless the primary dwelling unit is used for the same purpose.
(7) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles , unless modified through the construction of an accessory dwelling unit or junior accessory dwelling unit in compliance with al l applicable standards . Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home.
(8) Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22, California Code of Regulations.
(9) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility.
(10) The property must be fully in compliance with all building codes, municipal code and zoning.
(11) At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall:
i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home;
ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;
iii. Notify the city's Homeless Services Division that an occupant is no longer a resident at the home, and determine the services available therefrom;
iv. Provide the information obtained from paragraphs (ii) and (iii) of this subsection and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon;
v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the Group Home Special Use Permit for that facility,
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the operator shall comply with paragraphs (i) through (iv) of this subsection as soon as possible.
(12) Prior to an oc cupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
(i) Make available to the occupant transportation to the address listed on the occupant's driver license, state -issued identification card, or the permanent address identified in the occupant's application or referral to the group home;
(ii) Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the opera tor shall make available to the occupant transportation to another group home or a residential care facility that has agreed to accept the occupant.
(13) The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections ( 11) and ( 12) of this section; provided, however, that nothing herein shall require an operator to violate any provision of state or federal law regarding confidentialit y of health care information. The operator may not satisfy the obligations set forth in subsection (12) of this section by providing remuneration to the occupant for the cost of transportation.
(14) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.
(15) In addition to the regulations outlined above, the following shall also apply to sober-living homes:
(i) All occupants, other than the house manager, must be actively participating in a certified or licensed recovery program, which may include, but is not limited to, Alcoholics Anonymous or Narcotics Anonymous, and the sober-living home must maintain current records of meeting attendance. Under the sober -living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction.
(ii) The sober-living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober-living home or by any individual recovering from an addiction either on or off site.
The sober-living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is
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prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober-living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober -living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.
(iii) The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and does not violate the distance provisions set forth in Penal Code Section 3003.
(iv) The sober-living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol.
(v) The sober-living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and e njoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager , owner or operator to follow when a neighbor complaint is received.
(vi) The sober-living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
(16) An applicant may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pur suant to Sections 41 -652 through 41 -655 of the SAMC.
(c) A copy of the Group Home Special Use Permit shall be kept at the group home at all times and be made available to any City official upon request.
(d) The Planning and Building Agency Executive Director or designee will develop and adopt a standardized Group Home Special Use Permit application. Each Group Home Special Use Permit application must be submitted using the City’s application, accompanied by t he appropriate filing fee . The applicant shall be responsible for paying any fees that have been established from time to time by the City Council to process the Group Home Special Use Permit at the time of submission of the application.
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(e) A Group Home Special Use Permit shall be issued by the Planning and Building Agency Executive Director or designee as a ministerial matter if the applicant is in compliance, or has agreed to comply , with this section. At least 10 days prior to issuing a Group Home Special Use Permit, the director shall cause written notice to be mailed to the owner of record and occupants of all properties within 500 feet of the location of the group home. Prior to issuance of the Group Home Special Use Permit, the director shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of this Section.
The issuance of the Group Home Special Use Permit shall be denied upon a determination, and if already issued shall be denied or revoked by the director upon a public hearing, by the director that any of the following circumstances exist:
(1) Any owner/operator has provided materially false or misleading information on the application or omitted any pertinent information;
(2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses:
i. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years);
ii. Arson offenses —Violations of Penal Code Sections 451 — 455 (last seven years);
iii. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or
iv. The unlawful sale or furnishing of any controlled substances (last seven years).
(4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.
(5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the Fair Housing Amendments Act and Fair Employment and Housing Act.
(6) A Group Home S pecial Use Permit for a sober -living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the Planning and Building Executive Director or designee that any of the following additional circumstances exist:
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i. Any owner/operator or staff person of a sober-living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.
ii. The owner/operator of a sober-living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
iii. The sober-living home, as measured by the closest property lines, is located within 650 feet of any other sober-living home or alcoholism or drug abuse recovery or treatment facility. If alcoholism or drug abuse recovery or treatment facility moves within 650 feet of an existing sober-living homes this shall not cause the revocation of the sober-living home’s permit or be grounds for denying a transfer of such permit.
(7) For any other significant and/or repeated violations of this Section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (b)(11) through (14).
(8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to Section 41-652 through 41-655.
Sec. 41-2403. - Conditional use permit required.
In addition to meeting the requirements for approval of a Group Home Special Use Permit as contained in Section 41 -2402, a conditional use permit for a group home with seven or more occupants or a residential care facility with seven or more occupants , where such uses are permitted subject to a con ditional use permit , shall be required , subject to the following conditions:
(a) The requirements of Division 3 of Article V of Chapter 41, Development Project Plan Approval, have been met.
(b) The findings for granting a conditional use permit in accordance with subsection 41-638 are met.
(c) The separation requirement in Section 41-2402(b)(2) may be reduced if the planning commission determines that such location will not result in an over - concentration of similar uses.
Sec. 41-2404. - Existing group homes with six or fewer occupants - compliance.
(a) Existing group homes must apply for a Group Home Special Use Permit within 90 days of the effective date of this Article.
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(b) Group homes that are in existence upon the effective date of this Article shall have one year from the effective date of this Article to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six-resident (6)- maximum.
(c) Existing group homes obligated by a written lease exceeding one year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year of grace period pursuant to approval by the Planning and Building Agency Executive D irector or designee.
Sec. 41-2405. - Existing group homes with seven or more occupants – compliance.
Group homes with seven or more occupants that are in existence upon the effective date of this Article may continue to operate subject to the following:
(a) The operator obtains an Operator's Permit pursuant to Section 8-3600 et seq., within 120 days from the effective date of this Article; and
(b) The group home is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one year from the effective date of this Article. Notwithstanding the foregoing, an existing group home subject to this Section obligated by a written lease exceeding one year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee.
Sec. 41-2406. - Conflict. If this Article conflicts with any other provision of this Code, this Article shall prevail.
Sec. 41-2407. - Severability.
Should any section, subsection, clause, or provision of this Article for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Article; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Th is Article shall be prospective in application from its effective date.
Section 28. Article XXIII of Chapter 8 of the SAMC is hereby added to read as follows:
Article XXIII. - GROUP HOMES
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Sec. 8-3600. - Operator’s Permit Required.
It is unlawful for any person to operate, or to permit any person to operate a group home with seven (7) or more occupants on any property located in the city without a valid permit issued for that group home pursuant to the provision of this Article.
(a) Each group home operator shall obtain an Operator’s Permit specific to the operator.
(b) A copy of the Operator’s Permit shall be kept at the group home at all times and be made available to any City official upon request.
(c) An Operator’s Permit is valid for one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business.
(d) The Planning and Building Agency Executive Director or designee will develop and adopt a standardized Operator’s Permit application. Each Operator’s Permit application must be submitted using the City’s application , accompanied by the appropriate filing fee. The applicant shall be responsible for paying any fees that have been es tablished from time to time by the City Council to process the Operator’s Permit at the time of submission of the application.
(e) The Operator’s Permit shall be issued by the Planning and Building Agency Executive Director or designee if the applicant is in compliance with or has agreed to comply with the requirements of Section 41-2402(b) of Chapter 41.
(f) In addition to denying an application for failing to comply or failing to agree to comply with the requirements of Section 41-2402(b) of Chapter 41, an Operator’s Permit shall also be denied, and if already issued shall be revoked upon a hearing by the Planning and Building Agency Executive Director or designee under any of the following circumstances:
(1) Any owner/operator has provided materially false or misleading information on the application or omitted any pertinent information.
(2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezz lement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses:
i. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years);
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ii. Arson offenses—Violations of Penal Code Sections 451—455 (last seven years);
iii. Violent felonies, as defined in Penal Co de Section 667.5, which involve doing bodily harm to another person (last 10 years); or
iv. The unlawful sale or furnishing of any controlled substances (last seven years).
(4) Any owner /operator or staff person is on parole or formal probation supervision on th e date of the submittal of the application or at any time thereafter.
(5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the Fair Housing Amendments Act and Fair Employment and Housing Act.
(6) An Operator's Permit for a sober -living home shall also be denied, and if already issued shall be revoked upon a hearing by the director, under any of the following additional circumstances:
i. The owner/operator of a sober -living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non -prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
ii. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.
Sec. 8-3601. - Revocation.
(1) Upon a hearing by t he Executive Director of the Planning and Building Agency or designee , following written notice by certified mail at the last known mailing address or by such other method reasonably calculated to give notice to the operator, the Executive Director of the Planning and Building Agency or designee shall have the authority and duty to suspend or revoke any Operator’s Permit granted or issued under the provisions of this Chapter at any time based on Section 8-3600.
Sec. 8-3602 - Transfer of ownership.
(a) An Operator's Permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the Planning and Building Agency Executive D irector or designee pursuant to the requirements of Section 8-3600(e).
(b) An Operator's Permit may not be transferred to any other person or entity. No Operator's Permit issued pursuant to this article shall be transferred or assigned
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or authorize any person or entity other than the person or entity named in the permit to operate the group home named therein.
Sec. 8-3603 - Reapplication after denial or revocation.
(a) An applicant for an Operator's Permit whose application for such an Operator's Permit has been denied may not reapply for such an Operator's Permit for a period of 180 days from the date such notice of denial was issued.
(b) A holder of an Operator's Permit that has been cancelled, revoked or otherwise invalidated may not reapply for an Operator's Permit for a period of 180 days from the date that such revocation, cancellation or invalidation became final.
Sec. 8-3604. Compliance
A group home that is subject to the provisions of this Article that is in existence as of the effective date of this ordinance shall have 120 days to comply with the provi sions of this Article.
Sections 8-3605-8-3699. Reserved.
Section 29. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 30. The City Council of the City of Santa Ana hereby adopts an ordinance amending various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code pertaining to group homes and land use definitions in Chapter 41 of the SAMC. This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated August 19, 2025, and exhibits attached thereto; and the public testimony, all which are incorporated herein by reference.
Section 31. This ordinance shall become effective thirty (30) days after its adoption.
Section 32. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
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Ordinance No. NS-XXX
ADOPTED this _______ day of ___________, 2025.
_________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers: _________________________________
NOES: Councilmembers: _________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, _____________________ , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS -______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ______________________ ________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
City Council
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Resolution No. 2025-XXX
RESOLUTION NO. 2025-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING FEES FOR A GROUP HOME
SPECIAL USE PERMIT AND A GROUP HOME
OPERATOR’S PERMIT
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 8 -5 of the SAMC authorizes the establishment of f ees and charges for permits, plan review, inspections, re -inspections, investigations, hearings or other purposes requiring fees by resolution of the City Council.
B. On June 3, 2025 , the City Council approved Resolution No. 2025-026 establishing the Uniform Miscellaneous Fees Schedule for Fiscal Year 2025-2026.
C. Fees contained in the Uniform Miscellaneous Fees are intended to recover the City’s costs associated with delivering the corresponding services . In accordance with State law, do not exceed the City’s estimated reasonable cost in delivering said service.
D. If adopted, Ordinance No. NS -XXXX will require that a Group Home Special Use Permit be obtained for certain group homes with six or fewer occupants and that a Group Home Operator’s Permit be obtained for group homes with seven or more occupants.
E. Review of these types of applications were not contemplated by the Uniform Miscellaneous Fees Schedule for Fiscal Year 202 5-2026. Therefore, n ew Planning and Building Agency fees for Group Home Special Use Permit application review and for Group Home Operator’s Permit application review need to be added to the Uniform Miscellaneous Fees Schedule.
F. Based on an analysis and evaluation of staff time, equipment , and materials, staff recommends that the fees set forth below be added to the Uniform Miscellaneous Fees Schedule for Fiscal Year 2025-2026.
Section 2. The City Council hereby establishes a fee for a Group Home Special Use Permit application review and a Group Home Operator’s Permit application review, as noted below , as they represent the estimated reasonable cost of processing said permits:
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Resolution No. 2025-XXX
Group Home Special Use Permit $3,886
Group Home Operator’s Permit $2,480
Section 3. The City Council finds that the aforementioned fees are less than or equal to, but do not exceed, the actual direct and indirect costs and expenses incurred by the City of Santa Ana in providing said services.
Section 4. Without further action of the City Council, the above -referenced fees created by this Resolution shall be incorporated into the City’s Uniform Schedule of Miscellaneous Fees for Fiscal Year 2025-2026 and updated annually.
Section 5. This Resolution, upon adoption by the City Council, shall take effect August 19, 202 5, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this ____ day of ___________________, 2025.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Melissa M. Crosthwaite
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
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Resolution No. 2025-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-_____ to be the original R esolution adopted by the City Council o f the City of Santa Ana on _____________________, 2025.
Date:
City Clerk
City of Santa Ana
City Council
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CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA
The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below.
Project Location: Citywide
Project Applicant: City of Santa Ana
Proposed Project: The City of Santa Ana is requesting the adoption of Zoning Ordinance Amendment (ZOA) No. 2025-01 to amend Chapter 41 (Zoning) and Ordinance Amendment No. 2025- 01 to amend Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code to establish regulations for the location, licensing, permitting, and operational requirements related to group homes.
The proposed amendment also includes modifications to definitions. In addition, the applicant is requesting adoption of a resolution amending the Fiscal Year 2025-2026 Miscellaneous Fees Schedule to establish a new fee for the review of Group Home Special Use Permit applications and a new fee for the review of Group Home Operator’s Permit applications.
Environmental Impact: Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The project is also exempt from CEQA pursuant to section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Moreover, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to adopt regulations pertaining to location, licensing, permitting, and operating standards for group homes, and will not expand the existing use. None of the exceptions enumerated in CEQA Guidelines section 15300.2 apply to the Class 1 exemption applicable here. As a result, a Notice of Exemption, Environmental Review No. 2025-43, will be filed upon adoption of this ordinance.
Action Taken by the Planning Commission on June 23, 2025: Recommended City Council adopt ordinance approving Zoning Ordinance Amendment No. 2025-01. VOTE: 5:0:2 (Ayes: Commissioners Benninger, Escamilla, Oliva, Pham, and Woo; Absent: Commissioners Leo and Ramos). Ordinance No. 2025-01 and the resolution to amend the Fiscal Year 2025-2026 Miscellaneous Fees Schedule are not subject to recommendation by the Planning Commission.
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Meeting Details: This public hearing will be held on Tuesday, August 19, 2025, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/agendas-and-minutes/
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701.
Deadline to submit written comments is two hours prior to the start of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record.
Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk’s Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-ana.org/agendas-and-minutes/ Who To Contact For Questions: Should you have any questions, please contact Siri Champion with the Planning and Building Agency at [email protected] or (714) 667-2751.
Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Gema Zapien (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Kristie Ha (714) 667-2206.
Jennifer L. Hall, CMC
City Clerk
Published: Orange County Reporter - Legals Section
Date: August 8, 2025
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Planning and Building Agency
www.santa-ana.org/pb
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 19, 2025
TOPIC: Zoning Ordinance Amendment No. 2025-02 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to A-Frame Signs.
AGENDA TITLE
Public Hearing - Zoning Ordinance Amendment No. 2025-02 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to A-Frame Signs Legal notice published in the OC Reporter on August 8, 2025.
RECOMMENDED ACTION
Adopt an ordinance approving Zoning Ordinance Amendment No. 2025-02 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to A-frame signs.
ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2025- 02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL
CODE RELATING TO A-FRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(C)(2), 15060(c)(3) AND 15061(b)(3) GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
At its May 6, 2025, regular meeting, the City Council, with unanimous support, directed the City Manager to present an ordinance for City Council consideration to permit the use of A-frame signs as commercial advertising for businesses within the City in order to allow additional marketing opportunities while addressing concerns related to public safety, pedestrian access, and the visual character of the community. The proposed ordinance will permit the use of A-frame signs by businesses while establishing regulations on location, size, materials, and quantity.
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ZOA No. 2025-02 to Amend Portions of Chapter 41 of the Santa Ana Municipal Code Relating to A-Frame Signs
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2 8
Planning Commission Action – July 14, 2025
On July 14, 2025, the Planning Commission held a public hearing for the project and voted 7:0 to recommend that the City Council approve Zoning Ordinance Amendment (ZOA) No. 2025-02 as drafted.
DISCUSSION
The City of Santa Ana is proposing revisions to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) in order to establish a regulatory framework for A-frame signs, which would apply Citywide. This framework is designed in accordance with established industry standards.
The proposed ordinance, ZOA No. 2025-02, attached to this report (Exhibit 1) includes amendments to Chapter 41 of the SAMC. Table 1 below of this report illustrates key provisions of the proposed amendments to Chapter 41.
Table 1: ZOA No. 2025-02 Current and Proposed Text Regulations Item Existing Zoning
Code Regulations
Proposed Zoning Code Amendment
A-frame Sign
Regulations
Prohibited. 1. Remove reference to A-frame signs being
prohibited in Sec.41-861.
2. Allow A-frame signs without permits.
Number None. Allow one (1) A-frame sign per business
establishment.
Definitions None. Add definition for A-frame signs in Sec. 41-1000.
Location None. Proposed Sec. 869(b) proposes:
1. A-frame signs shall be placed within fifty (50)
feet of a business entrance when located on
private property.
2. A-frame signs in the public right-of-way shall
only be placed directly in front of a business
and within five feet of the business entrance.
3. Cannot be placed in any manner that obstructs
or impedes pedestrian or vehicle traffic.
a. Shall maintain four (4) feet clearance
on pedestrian paths at all times.
b. May not be placed within twenty-four
(24) inches of a curb face.
c. Must not be placed in measured areas
that obstruct the vision of motorists.
Size None. An A-frame sign shall not exceed thirty-six (36) inches in height and twenty-four (24) inches in width (Sec. 41- 869(c)).
Design None. An A-frame sign shall be constructed of durable weather resistant materials and maintained in good
condition (Sec. 41-869(d)).
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Item Existing Zoning
Code Regulations
Proposed Zoning Code Amendment
Time of Placement None. An A-frame sign shall only be displayed during operating hours of the business and must be removed
and stored when business is closed (Sec. 41-869(e)).
The Public Works Agency has drafted A-Frame Guidelines (Exhibit 3) that outline the rules and requirements for placing A-frame signs to maintain pedestrian, cyclist, and motorist safety. The guidelines are based on sections of the SAMC and are intended to ensure that A-frames do not obstruct pathways or public infrastructure in the right-of-way.
Background
A-Frame signs, also known as sandwich board signs or sidewalk signs, are portable, self- supporting signs shaped like the letter “A,” typically consisting of two panels joined at the top and designed to stand freely on the ground. These signs are widely used by businesses such as restaurants, retail stores, and service providers to display information such as daily specials, promotions, or directional information. These signs are highly visible and easy to update.
The City has prohibited A-frame signs in the past due to concerns about blocking pedestrian pathways, damaging landscaping, and visual clutter in the streetscape. However, many municipalities now allow such signage subject to objective standards because they boost business visibility, contribute toward increasing foot traffic, and offer an affordable, flexible display solution that can be easily modified, moved, or removed as needed.
Analysis
By implementing clear guidelines on size, placement, and materials, the proposed A-frame ordinance ensures signs enhance, rather than detract from, the local urban environment.
Provisions for minimum setbacks from curbs, adequate pedestrian clear zones, and prohibited display areas prevent obstructions and maintain accessibility. The ordinance also has requirements for durable, high-quality materials and regular maintenance that collectively work to prevent visual clutter and ensure aesthetic cohesion with and integration into Santa Ana's streetscape. The City’s team of Planning and Building and Public Works agencies staff worked together to define the permissible size, design standards, and materials to ensure visual harmony with the city's streetscape, address potential obstructions, promote safe pedestrian flow, and protect city infrastructure from damage.
The A-frame sign ordinance is consistent with the Supreme Court's ruling in Reed v. Town of Gilbert. Rather than imposing restrictions based on the message displayed, which Reed declared unconstitutional, this ordinance focuses on content-neutral regulations.
Specifically, it establishes clear guidelines for size, materials, portability, and placement, ensuring that the rules apply to all A-frame signs, regardless of whether they advertise a daily special, promote a local event, or convey a specific message. This approach allows the City to manage visual clutter, maintain pedestrian safety, and protect the aesthetic integrity of the public realm.
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ZOA No. 2025-02 to Amend Portions of Chapter 41 of the Santa Ana Municipal Code Relating to A-Frame Signs
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General Plan Consistency
The Economic Prosperity (EP) Element of the General Plan is designed to ensure the city’s economy grows, diversifies, and provides broad benefits, such as job creation, business retention, and increased public revenues. The General Plan emphasizes a business-friendly approach and updates to the zoning code to clarify development standards. The amendment to Chapter 41 of the SAMC to permit and regulate A-frame signs provides marketing and advertising opportunities for businesses, supporting business development and entrepreneurship, which are key priorities. By enabling businesses to better attract customers and increase visibility, such signage opportunities foster a dynamic local economy, promote the commercial environment, and contribute to goals of job creation, business retention, and maintaining a thriving, business-friendly community. Specifically, this action advances Goal EP-1: Job Creation and Retention by supporting businesses (Policy EP-1.2 and EP-1.3), and Goal EP-2: Economic Base Diversity by encouraging small business development and entrepreneurship (Policy EP-
2.6). Additionally, it aligns with Goal EP-3: Business-Friendly Environment by promoting a regulatory environment where businesses can thrive (Policy EP-3.1), and Goal EP-4:
Economic Development Strategies by supporting the City’s commitment to economic growth through supportive policies and customer service (Policy EP-4.1).
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. The proposed ordinance allows certain temporary signage, only providing standards to regulate such signage and does not authorize any new development or cause changes in density or intensity of land use.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance for ZOA No. 2025-02
2. Copy of Public Notice
3. Public Works Agency A-Frame Sign Guidelines
Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
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Ordinance No. NS-XXX
ORDINANCE NO. NS-XXXX
ZONING ORDINANCE AMENDMENT NO. 2025 -02— AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO A-FRAME SIGNS AND FINDING THE
ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STAT E
CEQA GUIDELINE S 15060(C)(2), 15060(c)(3) AND
15061(b)(3)
WHEREAS, the City recognizes the value of local businesses and their need for effective advertising to attract customers and support economic vitality; and
WHEREAS, A -frame signs, when properly regulated, can provide beneficial information to the public and enhance the character of commercial districts; and
WHEREAS, on May 6, 2025, the City Council directed City staff to prepare an ordinance to permit the use of A-frame signs as commercial advertising for businesses within the City in order to allow additional marketing opportunities while addressing concerns related to public safety, pedestrian access, and the visual character of the community; and
WHEREAS, Zoning Ordinance Amendment (ZOA) No. 2025-02 is consistent with the various goals and policies of the General Plan. Specifically, th is action is consistent with Economic Prosperity (EP) Goal EP -1: Job Creation and Retention by supporting business attraction and retention (Policy EP-1.2 and EP-1.3), and Goal EP-2: Economic Base Diversity by encouraging small business development and entrepreneurship (Policy EP-2.6). Additionally, it aligns with Goal EP -3: Business -Friendly Environment by promoting a regulatory environment where bus inesses can thrive (Policy EP -3.1), and Goal EP-4: Economic Development Strategies by supporting the City’s commitment to economic growth through supportive policies and customer service (Policy EP-4.1); and
WHEREAS, on July 14, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public tes timony concerning ZOA No. 2025-02, at which time the Planning Commission recommended that the City Council adopt the proposed ordinance; and
WHEREAS, on August 19 , 2025, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public tes timony concerning the proposed ordinance.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
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Ordinance No. NS-XXX
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) a nd the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. The proposed ordi nance allows certain temporary signage, only providing standards to regulate such signage and does not authorize any new development or cause changes in density or intensity of land use.
Section 3. Section 41-861 (Additional Regulations) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-861. Additional regulations.
No sign is permitted that:
1. Is an A-frame, sandwich board or other portable, temporary advertising display.
2.1. Is temporary or special event flags, banners, festoon s, flag canopies or other displays, except as permitted by a special event sign permit.
3.2. Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program.
4.3. Is an aerial or balloon type of sign, exc ept as approved by a Regional Planned Sign Program pursuant to section 41-885 of this chapter.
5.4. Conflicts with standards established by resolution of the city council pertaining to the colors and materials of signs adopted for the purpose of promoting signage which is visually attractive and harmonious with its surroundings.
6.5. Duplicates or repeats copy on the same sign.
7.6. Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director.
Section 4. Section 41 -869 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-869. –Reserved A-frame signs.
A-frame signs shall comply with all of the following standards and, when located in areas allowed within the public right-of-way, said signs shall also comply with the A-Frame Sign Guidelines established by the Director of the Public Works Agency:
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Ordinance No. NS-XXX
(a) Number. No more than one (1) A-frame sign that advertises or identifies the business activity shall be permitted for each business establishment. (b) Location.
(1) A-frame signs shall be placed within fifty ( 50) feet of the business establishment entrance when the A -frame sign is located on pr ivate property.
(2) A-frame signs may only be placed in the public right -of-way when advertising a business establishment that occupies a building directly abutting the public right -of-way and there is no private property setback available to place the A-frame sign.
(3) A-frame signs in the public right -of-way shall be placed directly in front of the structure containing, and within five feet , or as close as practicable , of the primary entrance of the business establishment to which the sign pertains.
(4) A-frame signs shall not be placed in a manner that obstructs or impedes pedestrian or vehicular traffic, or impedes visibility of travelers, or blocks access to building entrances, fire hydrants, utility boxes, bus stops, or any other public amenity.
i. A minimum width of four (4) feet of a clear pedestrian path shall be maintained on walkways, sidewalks, or other required pedestrian paths of travel, at all times, measured from the closest edge of the A -frame sign to any obstruction (e.g., building, planter, utility, street furniture, wheelchair ramp, driveway).
ii. A-frame signs shall not be placed within twenty-four (24) inches of a curb face.
iii. A-frame signs shall not be placed in any portion of a roadway intended for use or access by automobile s or bicycles, including vehicle travel lanes, bicycle lanes, parking spaces, driveways, loading zones , or alleys.
iv. A-frame signs shall not be placed in a location which would restrict or inhibit passengers entering or exiting from any vehicle, including a fixed rail streetcar, bus or passenger automobile.
v. A-frame signs on private property shall not be placed in triangular area(s) measured fifteen (15) feet by fifteen (15) feet where a driveway enters onto a street, or in any other area which may reduce the visibility of motorists.
vi. On corner lots, A-frame signs on private property shall not be placed closer than twenty-five (25) feet from the point of the intersection of the two property lines that abut the public right -of-way; or in the case of rounded corners, the point of intersection shall be measured from the
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Ordinance No. NS-XXX
intersection of the tangents to the curve. The tangents referred to are those at the beginning and at the end of the curve at the corners. vii. A-frame signs within the public right-of-way exceeding thirty (30) inches in height shall not be placed within the Limited Use Area of the Intersection Sight Distance standard plan as regulated by Section 33 - 27 of this Code or prohibited areas as depicted in A-Frame Sign Guidelines established by the Director of the Public Works Agency, or related exhibits.
(5) A-frame signs shall not be placed in a landscaped planter or parkways. (c) Size.
(1) The height of an A -frame sign shall not be less than twenty-four (24) inches, and shall not be taller than thirty-six (36) inches. (2) The width of an A-frame sign (edge to edge) shall not exceed twenty-four (24) inches.
(d) Design.
(1) A-frame signs shall be constructed of durable, weather resistant materials (e.g., wood, metal) and maintained in good condition, free from peeling paint, rust, fading, or other damage.
(2) A-frame signs shall be stable and weighted to prevent tipping, but shall not be permanently secured or affixed to the ground, sidewalk, walkway, facilities, or buildings.
(3) A-frame signs shall not mimic or otherwise resemble any type of traffic control device , including but n ot limited to, in color, shape, symbol, reflectivity, or message.
(4) A-frame signs shall not be , retroreflective, illuminated or supplied with power.
(e) Time of Placement.
(1) A-frame signs shal l only be displayed during operating hours of the business establishment to which they pertain.
(2) A-frame signs shall be removed and stored out of public view when the business is closed.
(3) A-frame signs within the public right -of-way shall be removed upon request of City staff, contractors or permittee pursuant to Sec 33-30.5, as required to clean, maintain, excavate, repair or replace the sidewalk or other improvements.
Section 5. Section 41-872 (Other signs) of Chapter 41 of the SAMC is hereby amended to read as follows:
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Ordinance No. NS-XXX
Sec. 41-872. - Other Signs
(a) Directional signs. Directional signs not exceeding four (4) square feet in area and, if freestanding, a height of four (4) feet shall be allowed. Such directional sign shall contain only that information necessary for on-site circulation, parking and site information without any advertising.
(b) Menu boards. Menu boards on the interior driveways of drive -through facilities shall not exceed seven (7) feet in height and sixty (60) square feet in area.
Speakers shall face away from residential property. No more than two (2) menu boards per drive-through shall be permitted.
(c) Window signs. No permanent sign affixed to or incorporated into an exterior window shall exceed twenty-five (25) per cent of each window area. (d) Awning signs. No sign affixed to or incorporated into an awning shall exceed ten (10) per cent of the awning elevation.
(e) Construction signs. One (1) unlighted construction sign is permitted per street frontage per job site and shall not exceed six (6) square feet in any residential zone or thirty-two (32) square feet in all other zones, and shall contain no more than the name of the project and the names and addresses of the contractors, architects, engineers, landscape architect, financing company or developer.
Such sign shall be removed within thirty (30) days of building permit final approval or issuance of a certificate of occupancy for the project. (f) Service station signs. Signs for service stations shall comply with the provisions of this article for freestanding and wall signage and shall include si gns required by law, but shall not exceed the minimums set by law subject to sign placement requirements and review as set forth in this part. In addition, the following signage is permitted:
(1) Island canopies. One (1) sign per street frontage shall be permitted. Canopy signage shall not exceed twenty (20) square feet in area. Canopy sign copy shall be limited to business name and logo only. Signage may be internally illuminated.
(2) Spandrel signs or canopy support signs. The signs shall not exceed twe nty (20) per cent of the spandrel area. The spandrel sign copy shall be limited to business name and logo only. Spandrel signage may be internally illuminated.
(3) Pump or dispenser signs. Pump or dispenser signs shall be limited to business or fuel ident ification, operational instructions, and state required information.
(4) Convenience signs. Signage designated to assist customers, such as "Please Pull to Forward Pumps" or "Please Pay Cashier Before Pumping Gas" shall be architecturally integrated with the structure to which it is being applied and not exceed four (4) square feet in sign area. (g) Signs over public right-of-way. No sign, except A-frame signs consistent with and regulated by Section 41 -869 of this Chapter, shall extend over the public ri ght-
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Ordinance No. NS-XXX
of-way, except signs on a marquee, canopy or awning which shall project no closer than two (2) feet from a curb.
(h) Exterior telephones.
(1) To maintain an image of professionalism, side panels on pay phones must relate solely to phone identification and/or the business name or logo of the pay phone company provider. No advertising of products, services or special events are allowed. Side panels must be composed of materials which allow for cleaning and removal of graffiti without deterioration of col or or surface appearance of the enclosure. Service providers will be responsible for keeping side panels clean and free of graffiti. All enclosures at a location must be of the same type with side panels of the same color. All enclosures must be U.L. liste d and all light fixtures operational if units are wired for lighting. Vandalized enclosures/side panels requiring repairs must be replaced within one (1) business day of notification to the service provider. (2) Signage indicating the location of a pay phone may not be placed on the site or extend above the phone cabinet unless deemed necessary due to public safety concerns as determined by the chief of police. In such instances, said signage is limited to the international telephone symbol. (3) Phone identification attached to a building or structure is not permitted. (4) Phones may not be used to advertise on- or off-site business activities.
Section 6. Section 41 -1000 (General) of Chapter 41 of the SAMC is hereby amended to read as follows:
The words and phrases used in this article shall be construed as defined in this division, unless the context clearly required otherwise. Unless specifically defined in this article, the definitions set forth in other provisions of this Code shall likewise apply to this article.
(1) A-frame sign: A portable, self-supporting sign, also known as a sandwich board sign, typically constructed in an "A" or inverted "V" shape and consists of two flat surfaces joined at the top , designed to be placed on the ground and capable of being easily moved or relocated.
(12) Aerial sign: A free floating balloon, kite, or similar object not directly secured to property within the city.
(23) Alter: To change the copy, color, size, shape, illumination, position, location, construction or supporting structure of a sign, not including ordinary maintenance. (34) Area of a sign: The entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of writing, representation, logo, or any figure of similar character, together with any frame, background area, structural trim, or other material or color forming an integral part of the display or used to differ entiate such sign from the background against which it is placed. The supports or uprights on which any such sign is supported shall not be included in
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Ordinance No. NS-XXX
determining the sign area. The area of signs with two (2) faces shall be considered to be the area of the largest face. The area of signs with three (3) or more faces shall be considered to be the area of the largest face or one-half (½) the area of all of the faces, whichever is less.
(45) Awning sign: A sign affixed to or imprinted on a temporary shelter composed of nonrigid material on a supporting framework, affixed to the exterior wall of a building. (56) Business activity: An enterprise offering goods, services, or other consideration to the public, in legal occupancy of a site or of a specific portio n of a site and under separate and distinct management from any other enterprise located on the same site.
(67) Business frontage: The horizontal dimension of a building or individual business elevation measured at ground level.
(78) Canopy sign: A sign affixed to any permanent architectural projection extending over a door, entrance, window, or outdoor service area.
(89) Changeable copy sign: A sign or portion thereof which copy is changed manually or electrically, such as readerboards and electr onic message boards, without altering the face or surface.
(910) Construction sign: A sign at the site of a construction project which identifies the project and/or the persons or firms involved in it.
(1011) Directional sign: A sign erected for the purp ose of facilitating or controlling the efficient and safe movement of pedestrians or vehicles on private property and containing only directional information and no advertising. (1112) Elevation: The visible vertical plane of the side of a building from g round level to the roof line.
(1213) Elevation, primary: The side of a building directly abutting either a street or a parking area. A business owner may choose which elevation is considered the primary elevation, except that in a multitenant building the elevation which is contiguous to other businesses shall be the primary elevation. (1314) Elevation, secondary: Any elevation of a building not determined to be a primary elevation.
(1415) Flag canopy: A line of flags, or a series of lines of flags, suspended above a site. (1516) Freestanding sign: A sign standing directly on the ground that is independent from any building or other structure.
(1617) Frontage: The length of a property line along the street that forms its boundary. (1718) Frontage, primary: A frontage which is either abutting a major arterial or is longer than other frontages on lots having two (2) or more frontages. (1819) Frontage, secondary: On a lot with frontage on two (2) or more streets, all frontages except that frontage designated as the primary frontage. (1920) Gross leasable space: A single leasable space regardless of number of tenants or leases within the space.
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Ordinance No. NS-XXX
(2021) Height of sign: The overall height of the sign above the top of the curb grade. (2122) Illegal sign: A sign which does not conform to the requirements and standards of this article and which is not a nonconforming sign as hereinbelow defined. (2223) Implied sign program: The predominant pattern of signs within a commercial center which does not have an adopted sign program.
(2324) Incidental sign: A sign conveying information that includes, but is not limited to, hours of operation, delivery information, credit cards accepted, and open/closed signs.
(2425) Integrated development site: Any commercial site, regardless of the number of lots or individual tenants, that is developed with common parking, layout, architecture or design features.
(2526) Item of information: A word, figure, logo, abbreviation, or other symbolic representation.
(2627) Logo: A design of letters or symbols used as a trademark or for identification in lieu of, or in conjunction with, other signs.
(2728) Lot line: A line that separates two (2) lots.
(2829) Marquee sign: A sign affixed to a permanent projection extending from the building or beyond the wall of the building.
(2930) Monument sign: A freestanding low profile sign with the sign width greater than the sign height and designed with a solid base and background. (3031) Multitenant development: A development consisting of three (3) or more leasable spaces.
(3132) Noncommercial sign: A sign which is not any of the following:
a. A sign which is designed to promote the sale, lease, or exchange of goods, services, or property.
b. A sign which is designed to identify or attract attention to any place which sells, leases, or exchanges goods, services, or property.
c. A sign which is designed to identify or attract attention to any church or other place of worship, club, nonprofit facility, governmental office or facility, or other such place where a person, group of persons or organization is engaged in any activity involving interaction with the general public or a significant portion thereof, whether for income purposes or not.
d. A directional sign.
e. A construction sign.
(3233) Nonconforming sign: Any sign which at one time conformed to all applicable requirements and standards of this chapter, including all applicable permit requirements, but which subsequently ceased to so conform due to changes in such requirements and standards.
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Ordinance No. NS-XXX
(3334) Painted sign: A sign painted directly on a building or on material which is then attached to a building.
(3435) Parapet: A protective wall or barrier projecting above any canopy, balcony, or roof. (3536) Permanent sign: A sign constructed of weather-resistant material and intended for permanent use.
(3637) Projecting sign: A sign attached to a building with the face not parallel to the vertical surface of the building.
(3738) Raceway: A conduit to house electrical wires for signs and used to support and/or affix signage on a wall.
(3839) Real estate sign: A temporary sign pertaining to the sale, lease, or rental of land and/or buildings.
(3940) Roof line: The uppermost edge of the roof or the top of the parapet, excluding mechanical equipment screens, whichever is highest. Where a building has several roof levels, the roof line shall be the one belonging to that portion of the building on which the sign is located.
(4041) Roof sign: A sign which has a point of attachment to the roof of a building.
Architectural projections, including mechanical equipment screens, above any parapet or roof line whose sole function is a background for signs shall be considered a sign structure. A sign on such an architectural projection shall be considered a roof sign.
(4142) Sign: Letters, figures, symbols, trademarks, or logos, with or without illumination, intended to identify any place, subject, person, firm, business, product, article, or merchandise. A sign includes all parts, materials, frames, and backgrounds. (4243) Signable area: The area of the largest rectangular portion of a face of a building to which a sign is affixed or proposed to be affixed, which can be included within parallel, verti cal and horizontal lines uninterrupted by significant architectural features of the building.
(4344) Site: A unit of land, together with all improvements thereon, determined as follows:
a. A unit of land which may be conveyed separately from any and all adjacent land without the requirement of approval of a tentative map pursuant to the Subdivision Map Act and Chapter 34 of this Code.
b. Two (2) or more buildings or business activities that are or will be related to each other physically or architecturally, such as by sharing off-street parking facilities, so as to form an integrated development, such as a shopping center, industrial park or office complex.
(4445) Special event sign or display: Signs or advertising displays or combination thereof which advertise or attract public attention to a special one-time event, the opening of a building or business activity, the sale or goods or services at discounted or otherwise specially advantageous prices, or similar event; but excluding signs pertaining to the sale, lease or rental of real estate.
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Ordinance No. NS-XXX
(4546) Temporary sign: Any sign that is used only temporarily and is not permanently mounted.
(4647) Under-canopy sign: A sign that is suspended below a canopy or marquee perpendicular to the nearest elevation.
(4748) Unshielded lighting: An external illumination source which is exposed to view. (4849) Wall sign: A sign which is attached parallel to or painted on a wall, including parapet or canopy fascia, or a building.
(4950) Width of sign: The total horizontal dimension of a sign, including all frames or structures.
(5051) Window sign: A sign that is attached to or is intended to be seen in, on, or through a window and is visible from the exterior of the window.
Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 8. This ordinance shall become effective thirty (30) days after its adoption.
Section 9. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2025.
_________________________
Valerie Amezcua
Mayor
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Ordinance No. NS-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council
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CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA
The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below.
Project Location: Citywide
Project Applicant: City of Santa Ana
Proposed Project: The City of Santa Ana is requesting the adoption of the Zoning Ordinance Amendment (ZOA) No. 2025-02 to amend Chapter 41 (Zoning) of the Santa Ana Municipal Code to establish regulations as it relates to A-Frame signs.
Environmental Impact: Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The project is also exempt from CEQA pursuant to section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. As a result, a Notice of Exemption, Environmental Review No. 2025-49, will be filed upon adoption of this ordinance.
Action Taken by the Planning Commission on July 14, 2025: Recommended City Council adopt ordinance approving Zoning Ordinance Amendment No. 2025-02. VOTE: 7:0 (Ayes: Commissioners Benninger, Escamilla, Oliva, Pham, and Woo, Leo and Ramos).
Meeting Details: This public hearing will be held on Tuesday, August 19 , 2025, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/agendas-and-minutes/
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701.
Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record.
Where To Get More Information: All staff reports regarding any item on this agenda are available for
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public inspection in the City Clerk’s Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-ana.org/agendas-and-minutes/ Who To Contact For Questions: Should you have any questions, please contact Holli Safran with the Planning and Building Agency at [email protected] or (714) 667-2746.
Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Gema Zapien (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Kristie Ha (714) 667-2206.
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City of Santa Ana
Public Works Agency
Phone: (714) 647-5039
A-Frame Guidelines
Santa Ana Municipal Code Chapter 41; Sections: 41 -861, 41-869, 41-872, 41-1000 and Ordinance No.
NS-XXXX establish guidelines for the placement of A-frames within the City.
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Public Works Agency’s Right-of-Way A-Frame Guidelines
These Guidelines combine the City of Santa A na’s Municipal Code Section 41-869 (“SAMC”) with the Public Works Agency’s (PWA’s) requirements for A-Frame sandwich boards ( “A-frames”) placed on public sidewalks (see Example 1) . A permit is not required for A- frames that meet all SAMC and PWA’s requirements as combined into these Guidelines and presented in this information document.
1. A-Frames shall be no taller than three* (3*) feet and no wider than two (2) feet and may only be placed:
a. On streets with four or fewer regular vehicular through lanes and a posted speed of 35 mph or less and where the public sidewalk is at least *eight (*8) feet wide. (*If the public sidewalk is at least six (6) feet wide, the maximum A-Frame height shall be thirty (30) inches and all other requirements in these guidelines and the ordinance shall be met.) b. Directly adjacent to and within the sidewalk fronting the business establishment a minimum distance “X” (Table 1) away from the corner of the building as shown in Figure 1 , *and if A -Frames are no taller than thirty (30) inches, they may be placed in either the green or yellow (limited use) areas shown in Figure 1. c. Within five (5’) or as close as practicable to the primary, front entry of the business establishment. d. Where there will be a minimum four (4’) foot wide pedestrian travel path between the edge of the A-frame and any other existing obstruction or street furniture, including, but not limited to poles/posts, cabinets, benches, shelters, railings, kiosks, etc. e. Where the business establishment does not have a private property setback without a practical building recess or alcove area to place an A-Frame.
f. During business operational hours and shall be removed immediately after business hours to a location no longer in public view.
Figure 1 Table 1 Example 1
2. A- Frames shall:
a. Be constructed of durable, weather-resistant materials (e.g. wood, metal), and maintained in good condition, free from flaking paint, rust, fading, or other damage.
b. Be stable and weighted to prevent tipping.
c. Not mimic or otherwise resemble any type of traffic control device, including, but not limited to, in color, shape, symbol, reflectivity, or message.
d. Not be retroreflective, illuminated or supplied with power.
3. A-frames shall not be placed where:
a. Prohibited in these Guidelines or SAMC Section 41-869. b. Placing the A-frame would result in a less than a four (4) foot accessible and clear pathway at all times. c. Within two (2) feet of the street’s curb face.
d. Where the visibility of travelers is obstructed.
e. Any landscaped public parkway, planter, tree-well, divider, or street median. f. Any alley, driveway/driveway approach, bikeway, railway line, loading zone, street vehicular travel or parking lane g. It could obstruct or impede pedestrian or vehicular traffic, or block access to building entrances, fire hydrants, utility boxes, streetcar or bus stops, or any other public amenity.
4. Additional guidelines:
a. An individual business establishment shall not place no more than one A-frame within the public right-of-way frontage. b. A-frames shall not be attached to any existing facility, surface, utility, or building and shall be removable at all times and shall be removed at the end of each business day.
c. A-Frames within the public right -of-way shall be removed upon the request of City staff, contractors or permittee pursuant to Chapter 33 of the SAMC, as required to clean, maintain, excavate, repair, or replace the sidewalk or other improvements.
5. Hold Harmless Clause:
By placing an A-frame, the business owner promises and agrees to comply with all applicable regulations , guidelines and that the City, it’s employees, agents and volunteers shall not be held responsible or liable for any claims resulting from A-frame placements.
Posted
Speed
(MPH)
X
Distance
25 20
30 25
35 35
Allowable A-Frame
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Planning and Building Agency
www.santa-ana.org/pb
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 19, 2025
TOPIC: Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings
AGENDA TITLE
Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings
Legal notice published in the OC Reporter and mailed on August 6, 2025.
RECOMMENDED ACTION
Adopt a resolution affirming the Fiscal Year 2024-2025 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor-Controller, County of Orange.
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR
DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC
NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER’S OFFICE
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City’s Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance and provide harborage for illegal and nuisance activities. The abatements are accomplished by board-ups, clean-ups, and/or demolition. Property owners are provided between two to 30 days to abate the conditions or the City, through its contractors, will perform the work to secure the property. Property owners are then notified of the outstanding abatement costs every 30 days until the Planning and Building Agency is reimbursed for the expenditure.
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Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings
August 19, 2025
5 2
5 4
For Fiscal Year 24-25, the Code Enforcement Division secured abandoned buildings and assisted the Santa Ana Police Department in the City’s continued effort to address illegal activities and establishments through public nuisance abatement actions. In addition to the issuance of the Notice and Orders advising property owners of the need to address concerns on the property, pursuant to the Santa Ana Municipal Code, the Finance and Management Services Agency assists the City in the recovery of costs associated with the public nuisance abatement actions by sending monthly invoices for cost recovery. The amount invoiced includes City-approved contractual services providing board-up services, security, and recovery of city staff time.
Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous buildings and against reluctant property owners. This year, the outstanding charge for work performed on one individual address is $2,693.47. The owner of the individual property was contacted to be provided an opportunity to pay the outstanding charge for work performed prior to the August 19, 2025 City Council meeting; as of the publication date of this report, the owner had not responded to staff. Exhibit 2 provides parcel number and the total assessment amount, and the property owner name is provided in Exhibit 3. The most effective method of collection is to submit these charges to the office of the County Auditor-Controller in order that they may be placed as a lien on the property tax rolls. Charges must be submitted to the County of Orange.
ENVIRONMENTAL IMPACT
The proposed action does not constitute a “project” under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5). The adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment, According it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended.
FISCAL IMPACT
The recovered charges will result in an estimated $2,693.47 deposited in the Special Repair and Demolition Fund (Account No.12116002-53507).
EXHIBIT(S)
1. Exhibit 1 - Resolution
2. Exhibit 2 - FY 24-25 Parcel Assessment Amount
3. Exhibit 3 - FY 24-25 Property Owner Listing
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
City Council
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Resolution No. 2025-XX
RESOLUTION NO. 2025-xx
A RESOLUTON OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA CONFIRMING THE COSTS
OF SECURING AND/OR DEMOLITION OF
VARIOUS STRUCTURES DECLARED TO BE
PUBLIC NUISANCES; MAKING, CONFIRMING
AND LEVYING ASSESSMENTS FOR SUCH
COSTS; AND ORDERI NG SUCH COSTS TO BE
RECORDED WITH THE ORANGE COUNTY
RECORDER’S OFFICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. The City’s Dangerous and Abandoned Buildings (DABS) Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board-ups and/or demolition.
B. Pursuant to Section 17 -40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the City Clerk, showing the costs of securing property and/or demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done.
C. The Executive Director of the Planning and Building Agency has given notice of the public hearing as required by law, in which the 19th day of August, 2025, at the hour of 5:30 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all person interested in said report might be heard.
D. The City Council of th e City of Santa Ana, at said time and place has received, heard, and considered said report and all objection by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary.
Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference EXHIBIT 3
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Resolution No. 2025-XX
as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution.
Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
Section 4. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder’s Office, the County Auditor, County Assessor, and County Tax Collector.
Section 5. The County Auditor is requested to enter the assessments on the county tax rolls.
Section 6. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes.
Section 7. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to b e placed on the fiscal year 20 24-2025 property tax roll have been duly adopted in accordance with State law and are legally valid.
ADOPTED this ____ day of August, 2025
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers ________________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________
City Council
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Resolution No. 2025-XX
CERTIFICATE OF ATTESTATION AND ORIRGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-______ to be the original resolution adopted by the City Council of the City of Santa Ana on August 19, 2025.
Date: ________________ ____________________________________ City Clerk, City of Santa Ana
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EXHIBIT 1
AC62L05A – Form B2Jurisdiction 061 Santa Ana
Special Assessment Add TransactionsType of Tax C-2
Date __July 15, 2025________
PARCEL NUMBER
6-15
ASSESSMENT AMOUNT
16-23
398-101-02 $1,562.02
398-101-02 $1,131.45
TOTAL $2,693.47
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EXHIBIT 2
PROPERTY OWNER LISTING
FISCAL YEAR 2024-2025
ADDRESS PARCEL NO. OWNER/ADDRESS
ASSESSMENT
940 N. Grand
AP# 398-101-02
940 N. Grand Ave. LP
JES Enterprises Corp.
Soheil Alexander Soleimani
4411 Redondo Beach Blvd.
Lawndale, CA 90260
$1,562.02
940 N. Grand
AP# 398-101-02
940 N. Grand Ave. LP
JES Enterprises Corp.
Soheil Alexander Soleimani
4411 Redondo Beach Blvd.
Lawndale, CA 90260
$1,131.45
City Council
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CITY ATTORNEY
Sonia R. Carvalho
CITY MANAGER
Alvaro Nuñez
CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report
DATE
August 19, 2025
TOPIC
Naming the Santa Ana Police Athletic & Activity League (PAAL) Center on McFadden Avenue in honor of Jose Vargas
COUNCILMEMBER-REQUESTED ITEM TITLE
Discuss and Consider Providing Direction to the City Manager to Prepare a Resolution for Consideration Naming the PAAL Center Located on McFadden Avenue as the Jose Vargas PAAL Center in Recognition of his Legacy of Service to Santa Ana’s Youth, Immigrant Community, and Public Safety.
DISCUSSION
Chronology & Background
Jose Vargas (1936–2013) was a trailblazing law enforcement officer and community leader whose career spanned over three decades in Orange County. Born in San Martin Hidalgo, Mexico, Vargas emigrated to the United States at age 15, working as a garbage collector while learning English and eventually becoming a U.S. citizen in 1969.
He began his law enforcement career with the Stanton Police Department and, in 1975, joined the Santa Ana Police Department, becoming the department’s first Hispanic Affairs Officer. In this role, Vargas was the cornerstone of Santa Ana’s early community policing program, forging deep trust between the department and the city’s growing Latino population. He was recognized nationally by the International Association of Chiefs of Police as one of the country’s outstanding officers.
Vargas’ impact extended beyond his police work. Following his retirement in 1997, he hosted the Spanish-language cable show Que Pasa Con Jose Vargas, which provided vital information to immigrant families on civil rights, public safety, domestic violence prevention, and job opportunities. He also served as a consultant to the Anaheim Police Department to strengthen relationships with immigrant communities.
Throughout his life, Vargas championed respect, understanding, and opportunity for all residents, often taking in individuals in need and mentoring countless youth. His
dedication to bridging cultures and promoting public trust made him one of the most respected figures in Santa Ana’s history.
City Council
25 –
1 8/19/2025
CITY ATTORNEY
Sonia R. Carvalho
CITY MANAGER
Alvaro Nuñez
CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Issues & Rationale
The Santa Ana Police Athletic & Activity League (PAAL) Center on McFadden Avenue serves as a safe space where young people build positive relationships with law enforcement while engaging in recreational, educational, and leadership activities.
Naming the PAAL Center after Jose Vargas will:
• Honor his pioneering role in community policing and service to Santa Ana’s residents.
• Recognize his dedication to building trust between police and immigrant communities.
• Inspire youth to follow his example of perseverance, public service, and compassion.
Proposed Action
Direct staff to prepare a resolution naming the PAAL Center on McFadden Avenue as the Jose Vargas PAAL Center and to plan an appropriate community dedication ceremony.
SUBMITTED BY
Mayor Pro Tem Vazquez
EXHIBIT(S)
https://www.ocregister.com/2013/04/30/jose-vargas-who-gave-voice-to-latinos-as- police-officer-dies-at-77/
https://behindthebadge.com/vargas-fathers-musings-police-work-meant-american/
City Council
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2 8/19/2025
HOUSING AUTHORITY 1 July 15, 2025
DRAFT Minutes of the Regular Adjourned and
Special Meeting
of the Housing Authority
Santa Ana, California
July 15, 2025
CALL TO ORDER
MINUTES: Chair Amezcua called the Regular Adjourned and Special Housing Authority Meeting to order at 7:06 P.M.
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan
Vice Chair Benjamin Vazquez
Chair Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
MINUTES: Secretary Jennifer L. Hall conducted Roll Call.
Chair Amezcua, Vice Chair Vazquez, and Authority Members Bacerra and Penaloza were present. Authority Members Hernandez, Lopez, and Phan were absent.
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
MINUTES: None.
City Council
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HOUSING AUTHORITY 2 July 15, 2025
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: None.
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 2.
MINUTES: At 7:06 P.M., the Consent Calendar was considered.
MOTION: Chair Amezcua moved to approve staff recommendations on the following Consent Calendar Items: 1 through 4, seconded by Vice Chair Vazquez.
The motion carried, 4-0-3, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
AUTHORITY MEMBER BACERRA, AUTHORITY PENALOZA,
VICE CHAIR VAZQUEZ, CHAIR AMEZCUA
NONE
NONE
AUTHORITY MEMBER HERNANDEZ, AUTHORITY MEMBER
LOPEZ, AUTHORITY MEMBER PHAN
Status: 4 – 0 – 3 - Pass
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes from the Regular Meeting of March 18, 2025 (Continued from the Housing Authority meeting of July 1, 2025, Item No. 2)
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Agreement with Orrick, Herrington & Sutcliffe LLP for On-Call Bond Counsel Services for the Housing Authority
Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute a three-year agreement with two, one-year renewal options with Orrick, Herrington & Sutcliffe LLP to provide on -call bond counsel services for a term
CONSENT CALENDAR
City Council
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HOUSING AUTHORITY 3 July 15, 2025
beginning July 15, 2025 through July 14, 2028, for an amount not -to-exceed $150,000 for the entire Agreement (inclusive of renewal options).
4. Memorandum of Understanding t he City of Santa Ana, the Santa Ana Workforce Development Board, and the Santa Ana Housing Authority – Workforce Innovation and Opportunity Act Partners (Contingent upon approval of City Council Item #07)
Recommended Action: 1. Approve a Memorandum of Understanding with the City of Santa Ana (City), the Santa Ana Workforce Development Board (SAWDB), and the Santa Ana Housing Authority (SAHA) setting the terms for the sharing of resources and expenses associated with the operations of a comprehensive one stop center for a three-year term expiring June 30, 2028 and payment to the City of Santa Ana in an estimated amount not to exceed $57,152 (Agreement No. A-2025- 116-02).
2. Authorize the Executive Director to execute amendments during the term that adjust shared operational expenses and make non-substantive changes to comply with changes in federal or state law; provided all other terms and conditions of the MOU remain the same and approved by the City Attorney.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
5. Approve an Update to the Housing Choice Voucher Administrative Plan to Comply with the Housing Opportunity Through Modernization Act (Continued from the Housing Authority meeting of July 1, 2025, Item No. 3)
Department(s): Community Development Agency
Recommended Action: Approve an update to the Housing Choice Voucher Administrative Plan to comply with the Housing Opportunity Through Modernization Act.
MINUTES: The business calendar was considered at 7:07 P.M.
MOTION: Chair Amezcua moved to approve the recommended action for Business Calendar Item No. 5, seconded by Authority Member Bacerra.
The motion carried, 4-0-3, by the following roll call vote:
City Council
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3 8/19/2025
HOUSING AUTHORITY 4 July 15, 2025
AYES:
NOES:
ABSTAIN:
ABSENT:
AUTHORITY MEMBER BACERRA, AUTHORITY PENALOZA,
VICE CHAIR VAZQUEZ, CHAIR AMEZCUA
NONE
AUTHORITY MEMBER HERNANDEZ, AUTHORITY MEMBER
LOPEZ, AUTHORITY MEMBER PHAN
Status: 4 – 0 – 3 - Pass
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 7:08 P.M.
Respectfully submitted:
__________________________
Jennifer L. Hall, CMC
Secretary
City Council
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4 8/19/2025
Community Development Agency
www.santa-ana.org/cd
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 19, 2025
TOPIC: Agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and Orangewood Foundation for Services Coordination for Transitional Age Youth and Former Foster Youth
AGENDA TITLE
Agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and Orangewood Foundation for Services Coordination for Transitional Age Youth and Former Foster Youth (Specification No. 25-057A)
RECOMMENDED ACTION
Approve and authorize the execution of an agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and Orangewood Foundation to provide services coordination for transitional age youth and former foster youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessness and who have been matched with a Foster Youth to Independence voucher, in an amount not to exceed $632,839, for a three-year term beginning August 19, 2025, and expiring August 18, 2028, with the option for a one-year extension. (Agreement No. A-2025-XXX) (related to City Council Agenda Item No. 14)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On April 2, 2025, staff issued a Request for Proposals (RFP # 25-057A) soliciting applications from qualified organizations to provide services coordination for transitional age youth (TAY) and former foster youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessness and who have been matched with a Foster Youth to Independence (FYI) voucher. Specifically, the selected provider will deliver two core services: 1) housing navigation and landlord incentive services to assist the FYI voucher holder to lease a rental unit in the private market; and 2) independent living skill training and life skills support services to maintain stable housing and not return to homelessness (Exhibit 1). The RFP required that priority be given to qualifying TAY at the Santa Ana Navigation Center (‘Carnegie Homeless Shelter’). The RFP was posted on the City’s online bid management and publication system, 305 vendors were notified, and letters announcing the RFP were e-mailed to four (4) individual organizations.
Responses to the RFP were accepted from April 2, 2025 until April 30, 2025.
The City received two (2) proposals prior to the RFP deadline. A Proposal Review Committee consisting of staff from the Housing Authority and Community Development
City Council
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1 8/19/2025
Agreement with Orangewood Foundation for Services Coordination for Transitional Age Youth and Former Foster Youth
August 19, 2025
5 2
7 5
Agency reviewed and ranked each proposal based on the following criteria as stated in the RFP: Responsiveness to RFP (25 points); Experience of Firm and Personnel (50 points); and Cost of Proposal (25 points). Below are the average scores for the proposals received from two (2) organizations based in Santa Ana:
Organization Average Score
Orangewood Foundation 93
Olive Crest 72
Based on the evaluation criteria, staff recommends that the City Council approve an agreement with the highest-ranked firm, Orangewood Foundation, to provide services coordination for transitional age youth and former foster youth beginning August 19, 2025 through August 18, 2028 (Exhibit 2). With more than four decades of experience serving TAY and former foster youth in Santa Ana, the Orangewood Foundation (Orangewood) has extensive organizational capacity, a highly trained and trauma- informed team, and a deep understanding of youth-specific barriers to housing retention. Olive Crest was not selected primarily because they did not have any experience working with FYI housing vouchers from our Housing Authority.
Furthermore, if the City and Housing Authority were to contract with both organizations, it would limit the overall impact of these funds to meet the specific needs of the City and Housing Authority.
The total cost of the agreement with Orangewood over a three-year period is not to exceed $632,839. The funding is comprised of $587,839 in Homeless Housing, Assistance, and Prevention Program (HHAP) funds from the State of California and $45,000 in FYI administrative fees from the Department of Housing and Urban Development (HUD). The following two sections provide more details on the agreement with the Orangewood Foundation and the two sources of funds used to pay for this agreement.
Background on Agreement with the Orangewood Foundation
Under the agreement, Orangewood will provide housing-focused support services to assist TAY and former foster youth, aged 18 through 24, who are experiencing or at risk of homelessness. These youth will have an FYI housing voucher from the Santa Ana Housing Authority and require individualized assistance to successfully lease and retain rental housing in the private market. Orangewood has an established relationship with the Santa Ana Housing Authority and has already assisted many FYI voucher holders in leasing up and retaining their housing over the last five years.
Orangewood will deliver two primary services: (1) housing navigation and landlord engagement, and (2) independent living skills and case management support. Housing navigation includes short-term housing placements (hotel accommodations), assisting youth with locating available units, submitting rental applications, and working with landlords to reduce barriers to lease-up. To do this, Orangewood will subcontract with WelcomeHome OC, a housing navigation and landlord incentive program operated by
City Council
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2 8/19/2025
Agreement with Orangewood Foundation for Services Coordination for Transitional Age Youth and Former Foster Youth
August 19, 2025
5 2
7 5
United to End Homelessness and Orange County United Way, which recruits landlords and provides housing navigation services across Orange County. Under the Agreement, annually Orangewood is anticipated to serve a minimum of six (6) TAY households per year with short-term housing placements and 25 TAY households with FYI vouchers per year with housing navigation and landlord engagement.
Once FYI voucher holders are successfully housed, Orangewood will deliver ongoing independent living skills and wraparound case management to help youth attain and maintain stable housing. These services include household furnishings, rent payments, car repairs, other emergency expenses, budgeting, employment readiness, transportation planning, conflict resolution, and connection to physical and behavioral health services. Orangewood is anticipated to serve a minimum of 28 TAY households per year with independent living skills and case management support. The agreement prioritizes youth residing at the Santa Ana Navigation Center and ensures a coordinated, responsive system of support in collaboration with the City and the Housing Authority.
Background on Funding Sources
The total cost of the three-year agreement with Orangewood is not to exceed $632,839.
This amount will be fully funded through non-City sources: $587,839 from the State of California’s HHAP Round 5 program and $45,000 from HUD under the FYI program’s Special Fee Set-Aside funds. The City is responsible for administering the $587,839 in HHAP Round 5 funds, and the Housing Authority is responsible for administering the $45,000 in FYI program Special Fee Set-Aside funds, ensuring that both funding sources are used in accordance with applicable state and federal requirements. Staff are combining and braiding these two funding sources together under this Agreement to maximize their impact for TAY with FYI vouchers from the Housing Authority. In this arrangement, the $587,839 in HHAP Round 5 funds leverages the Housing Authority’s FYI vouchers, while the $45,000 in FYI Special Fee Set-Aside funds supplements and enhances the HHAP-funded services restricted for TAY. Additional details on each funding source is provided below.
The HHAP Round 5 (HHAP-5) funds are flexible block grant dollars administered by the California Interagency Council on Homelessness to support cities, counties, and Continuums of Care to reduce and end homelessness. HHAP-5 grantees must set aside at least 10% of the grant allocation for services for homeless youth. Homeless youth is defined as unaccompanied youth between ages 12- and 24-years old experiencing homelessness, including pregnant and parenting youth (the FYI voucher program can only serve youth ages 18 to 24). On March 18, 2025, the City Council recognized the City’s HHAP-5 agreement with the State (Agreement No. 24-HHAP- 10007) that authorized $5.87 million in funding. The City intends to spend $3.8 million for shelter services for homeless, $979,066 for outreach and engagement, and the City is allocating 10% for this youth set-aside requirement ($587,839) from the $687,839 allocated for services coordination. The agreement with Orangewood is consistent with the City’s HHAP-5 funding plan and supports allowable uses including housing navigation, landlord engagement, and services for homeless youth populations.
City Council
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3 8/19/2025
Agreement with Orangewood Foundation for Services Coordination for Transitional Age Youth and Former Foster Youth
August 19, 2025
5 2
7 5
The FYI program’s Special Fee Set-Aside funds are a one-time award made available by HUD in 2022 to support additional administrative costs associated with full FYI voucher utilization. These funds are intended to ensure that Public Housing Authorities can provide adequate support for youth served under the FYI program and achieve full (100%) FYI voucher utilization. By braiding these two state and federal funding sources together, the City is able to maximize program flexibility and service delivery for TAY and former foster youth in Santa Ana without incurring any General Fund costs.
FISCAL IMPACT
Funds in the amount of $45,000 were available in the FY 2024-25 budget under Housing Authority Contract Services-Professional account (no. 14018760-62300). A proposed carryover of unspent funds will be presented for City Council consideration to FY 2025-26 and future fiscal years.
The table below provides an estimate; however, actual costs may vary depending on the number of vouchers awarded to youth clients and the level of services provided. The remaining balance of $587,839 is funded through the City of Santa Ana’s HHAP-5 grant funds for a total not-to-exceed amount of $632,839.
This agreement requires approval from both the City and the Housing Authority; therefore, it appears separately on the August 19, 2025 regular City Council and Housing Authority agendas for formal approval.
Fiscal Year Accounting
Unit-Account
Fund
Description
Accounting Unit,
Account Description Amount
FY 2025-26 14018760-
69135
Housing
Authority
Vouchers ADM
Housing Authority
Vouchers ADM –
Payment to Subagent
$15,000
FY 2026-27 14018760-
69135
Housing
Authority
Vouchers ADM
Housing Authority
Vouchers ADM –
Payment to Subagent
$15,000
FY 2027-28 14018760-
69135
Housing
Authority
Vouchers ADM
Housing Authority
Vouchers ADM –
Payment to Subagent
$15,000
Total $45,000
EXHIBITS
1. RFP for Services Coordination for Transitional Age Youth and Former Foster Youth
2. Agreement with Orangewood Foundation and the City of Santa Ana Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager
City Council
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REQUEST
FOR PROPOSALS NO. 25-057A
FOR
SERVIC
ES COORDINATION FOR TRANSITIONAL AGE
YOUTH AND FORMER FOSTER YOUTH
CITY OF SANTA ANA
BID CONTACT:
Jacques Lam
[email protected]
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.
Issue Dat
e: Wednesday, April 2, 2025
Deadline for Questions: Tuesday, April 15, 2025, 4:00 P.M.
Proposal Due Date: Wednesday, April 30, 2025, 4:00 P.M.
EXHIBIT 1
City Council
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5 8/19/2025
TABLE OF CONTENTS
I. CITY BACKGROUND .................................................................................................................. 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................. 4 V. MINIMUM QUALIFICATIONS ...................................................................................................... 4 VI. RESPONSE TO RFP .................................................................................................................. 4 VII. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 8 VIII. REFERENCES ............................................................................................................................ 8 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 9 X. SELECTION PROCEDURES & CRITERIA ................................................................................. 9 XI. WITHDRAWALS........................................................................................................................ 10 XII. GENERAL TERMS AND CONDITIONS .................................................................................... 10 XIV. AWARD OF AGREEMENT ........................................................................................................ 15 XV. IMPLEMENTATION ................................................................................................................... 15
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
EXHIBIT III – FEDERAL REGULATIONS
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
G SAM.GOV UEI VERIFICATION
H CERTIFICATE REGARDING DEBARMENT, SUSPENSION,
INEGIBILITY AND VOLUNTARY EXCLUSION
EXHIBIT 1
City Council
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6 8/19/2025
I. BACKGROUND
The Housing Authority of the City of Santa Ana (SAHA) is a medium -sized Public Housing Authority located in Santa Ana, California and is funded by the U.S. Department of Housing and Urban Development (HUD). SAHA has 19 full-time employees and manages over 3,142 Housing Choice Vouchers (Section 8), including 100 Foster Youth to Independence Vouchers . SAHA provides rental assistance in the form of Housing Choice Vouchers (HCV) Project Based Vouchers, Mainstream Vouchers, Foster Youth to Independence Vouchers, and Veterans Affairs Supportive Housing vouchers. These vouchers enable Housing Authority participants to rent from property owners in the private market. The Authority’s funding is fully dependent on HUD.
HUD’s funding is dependent on annual appropriations from Congress.
For more information, please visit https://www.santa-ana.org/departments/housing-authority/
II. OVERVIEW OF PROJECT
The Housing Authority of the City of Santa Ana (SAHA) is seeking proposals from qualified organizations (Proposers) to provide services coordination for transitional-aged youth (TAY) and former foster youth, aged 18-24, who are experiencing homelessness or at risk of homelessness and who have been matched with a Foster Youth to Independence (FYI) voucher. Only FYI voucher holders are eligible for assistance. Priority shall be given to qualifying TAY youth at the Santa Ana Navigation Center (“Carnegie Homeless Shelter ”). This agreement will leverage Homeless Housing, Assistance, and Prevention Program (HHAP) Round 5 funding and FYI voucher funding to assist FYI voucher holders to lease a rental unit in the private market, and equip participants with the skills necessary to achieve self-sufficiency, maintain stable housing, and prevent future episodes of homelessness.
Specifically, the selected provider will deliver two core services: 1) housing navigation and landlord incentive services to assist the FYI voucher holder to lease a rental unit in the private market; and 2) independent living skills training and li fe skills supportive services to maintain stable housing and not return to homelessness. The housing navigation and landlord incentive services will include but not be limited to housing search assistance, security deposit/utility deposit/rental application/holding fees assistance, landlord recruitment and outreach, landlord incentive and/or retention payments, moving expenses (including move- in fees and deposits), tenant-readiness services, essential household items, and renter’s insurance. The independent living skills training and life skills supportive services will include but not be limited to case management, financial literacy, educational attainment, workforce development, and housing stability strategies. These services will be designed to meet the unique needs of TAY and former foster youth who have been matched with a FYI voucher while fostering long- term stability and self-reliance.
See EXHIBIT I for complete Scope of Services.
The term “Vendor”, “Proposer”, “Consultant”, “Firm”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
EXHIBIT 1
City Council
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III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years or until the funding is depleted. The Housing Authority / City of Santa Ana (the “City”) may, at its discretion, extend the agreement with the same or more limited scope of r equired services for one (1) additional year, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed four (4) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.
IV. MINIMUM QUALIFICATIONS
1) Proposer must have a contract for services with the Orange County Social Services Agency (OCSSA) or have an agreement in place with an organization that has a contract with the OCSSA.
2) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.
V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
https://vendors.planetbids.com/portal/20137/portal-home.
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992 - 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the tim ely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
EXHIBIT 1
City Council
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All notifications, updates and addenda will be posted online on PlanetBids at https://vendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unles
s otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Purchasing Contact(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Purchasing Contact(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids.All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
General process questions may be directed to the following:
Jacques Lam
Buyer
Email: [email protected]
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Agreement terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://vendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
EXHIBIT 1
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F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Agreement and any other Agreement Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Agreement Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Agreement Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VI below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Nikesha Hazel, Housing Authority Analyst
Housing Authority of the City of Santa Ana
20 Civic Center Plaza, M-27
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
EXHIBIT 1
City Council
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i. A general description of the firm, including size and number of employees working directly with the City on this agreement. Include information about the organization, along with characteristics, experience, capacity of the organization to effectively fulf ill the ser vice coordination needs for the Housing Authority of the City of Santa Ana / Santa Ana Housing Authority (“SAHA”, “Housing Authority”, the “City of Santa Ana” or the “City”). ii. Distinguishing characteristics, skills, and areas of strength. iii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iv. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. v. Resumes for all key staff proposed describing relevant experience.
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables (e.g. outputs and outcomes) , implementation plan, and timeline.
f. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee and budget with their Cost Proposal.
Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement.
If providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
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Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow -on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: Sam.gov UEI Verification
• Attachment H: Certification Regarding Debarment,
Suspension, Inegibility and Voluntary Exclusion
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the required attachments.
VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RF P have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or
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• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
IX. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
B. Proposers will be ranked by the review committee based on the following criteria:
C. Rankings: A f
inal score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the Agreement to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above.
CATEGORY POINTS
Responsiveness to RFP
• Proposal’s compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
25 Experience of Firm and Personnel
• The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff.
50 Cost of Proposal
• Price of proposed services 25
References
• References that are similar in size and project scope to the City. Pass/Fail
TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
Interviews
• The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score.
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D. Interviews: The review committee may invite the Proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into an Agreement without holding interviews, or further discussions.
E. Selection: The
City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it m ay be considered non-responsive and may be rejected.
The C
ity shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of Agreement, as appropriate.
X. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.
XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any Agreement entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected Proposer must obtain a City of Santa Ana Business License prior to the execution of an Agreement and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting Agreement. The procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services Agency, Business Tax Office at (714) 647- 5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to EXHIBIT 1
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the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Agreement may be awarded an Agreement for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Agreement. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Agreement.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The C
ity is not liable for any costs incurred by Proposers prior to entering into a formal Agreement. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.
Pre-contractual expenses are not to be included in the cost proposal. Pre- contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the Agreement.
Other Expenses: The C
ontractor will be responsible for all costs related to photo copying, telephone communications, fax communications, overhead, travel, and parking while on City sites during the performance of work and services under this Agreement.
F. CONT
RACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded Agreement. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded Agreement. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contrac
tor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, community members, other team members and staff within the City.
G. COST
PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Cost Proposal in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
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H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.
All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Agreement without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the Agreement.
All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug- free workplace. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Contractor may be ineligible for award of any future City Agreements.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required by this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this Agreement, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP or approval by City Council, whichever comes later, the City reserves the right to disqualify them without any further obligation L. FEDERAL GRANT CONTRACT PROVISIONS
Proposer must agree to the federal contract provisions outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from this bid.
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M. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the Agreement on the last day of the current fiscal period without penalty or expense to the City. The City’s fiscal period is July 1st through June 30th.
N. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
O. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should
do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub- consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontr
actor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
P. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
Q. NEGOTIATIONS
The City reserves the right to negotiate final Agreement terms with any Proposer selected.
The Agreement between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed Agreement , the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed Agreement.
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successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.
R. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
S. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this Agreement by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City.
Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
T. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.
U. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
V. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
W. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
X. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Agreement, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent Agreement between Contractor and another public agency.
Y. PUBLIC RECORDS
Proposals will become public record after the award of an Agreement unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any EXHIBIT 1
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information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
Z. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of Agreement must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.
XII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final Agreement terms.
A. EXECUTION OF AGREEMENT
A sample, standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.
XIII. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational i ssues including transition of services and scheduling.
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Services Coordination for Transitional Age Youth and Former Foster Youth An organization who is awarded a contract from responding to this RFP will have a scope of work that is reflective of what is described here and in their RFP proposal, agreed upon and finalized with the Housing Authority of the City of Santa Ana.
A. Key Objectives
1. Provide housing navigation and landlord incentive services to assist the Foster Youth to Independence (FYI) voucher holder to lease a rental unit in the private market.
2. After the FYI voucher holder leases a rental unit, provide independent living skills training and life skills supportive services to maintain stable housing and not return to homelessness including:
a. E mpower youth with practical skills for independent living in their rental unit. b. Foster personal growth, self-advocacy, and community engagement. c. Support participants in achieving educational and employment goals.
B. Housing Navigation and Landlord Incentive Services Required The selected provider will be responsible for delivering the following services, including but not limited to:
1. Housing Search Assistance:
a. Housing search assistance is a broad term which may include many activities such as but not limited to:
i. H elping a family identify and visit potentially available units during their housing search,
ii. H elping to find a unit that meets the household’s disability-related needs, P iii. P roviding transportation and directions,
iv. A ssisting with the completion of rental applications and PHA forms, and v. H elping to expedite the FYI leasing process for the family.
2. Security Deposit/Utility Deposit/Rental Application/Holding Fees:
a. Application fees/non-refundable administrative or processing fees/refundable application deposit assistance: The selected provider may choose to assist the family with some or all these expenses.
b. Holding fees: It is not uncommon for an owner to request a holding fee that is rolled into the security deposit after an application is accepted but before a lease is signed. i. The selected provider may cover part or all of the holding fee for units where the fee is required by the owner after a tenant’s application has been accepted but before the lease signing.
ii. The provider and owner must agree how the holding fee gets rolled into the deposit, and under what conditions the fee will be returned. iii. In general, owners need to accept responsibility for making needed repairs to a unit required by the initial housing quality standards (HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a lease. c. Security deposit assistance: The selected provider may provide security deposit assistance for the family.
i. The amount of the security deposit assistance may not exceed the lesser of two months’ rent to owner, the maximum security deposit allowed under
EXHIBIT I
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applicable state and/or local law, or the actual security deposit required by the owner.
ii. The provider may place conditions on the security deposit assistance, such as requiring the owner or family to return the security deposit assistance to the provider at the end of the family’s tenancy (less any amounts retained by the owner in accordance with the lease).
iii. Security deposit assistance returned to provider must be used for the same or other eligible uses.
d. Utility deposit assistance/utility arrears: The selected provider may provide utility deposit assistance for some or all of the family’s utility deposit expenses. i. Assistance can be provided for deposits (including connection fees) required for the utilities to be supplied by the tenant under the lease. In addition, some families may have large balances with gas, electric, water, sewer, or trash companies that will make it difficult if not impossible to establish services for tenant-supplied utilities.
ii. The selected provider may also provide the family with assistance to help address these utility arrears to facilitate leasing.
iii. Utility deposit assistance that is returned to the provider must be used for the same or other eligible uses.
3. Landlord Incentive Services:
a. Owner recruitment and outreach: The selected provider may conduct owner recruitment and outreach.
i. In addition to traditional owner recruitment and outreach, activities may include providing enhanced customer service, and offering owner incentive and/or retention payments
b. Owner incentive and/or retention payments: The selected provider may make incentive or retention payments to owners that agree to initially lease their unit to an FYI voucher holder.
i. The selected provider may design the owner incentive payment to meet its specific needs (such as, for example, limiting the incentive payments to new owners or owners in high opportunity neighborhoods, or structuring all or part of the payment as a damages or unpaid rent mitigation fund, where the owner receives the mitigation payment only if the security deposit is insufficient to cover damages and other amounts owed under the lease).
ii. The selected provider may condition the offer of the owner incentive payment on the owner’s agreement to abide by certain terms and conditions. For example, the selected provider could require the owner to agree to contact and work with the family’s case manager or other intervention services should lease violations or other tenant-related issues arise during the assisted tenancy before taking action to evict the tenant.
4. Other Activities:
a. Moving expenses (including move-in fees and deposits): The selected provider may provide assistance for some or all of the family’s reasonable moving expenses when they initially lease a unit with their FYI voucher.
b. Tenant-readiness services: The selected provider may help create customized plans to address or mitigate barriers that individual families may face in renting a unit with an FYI voucher, such as negative credit, lack of credit, negative rental or utility history, or to connect the family to other community resources that can assist with rental arrears.
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c. Essential household items: The selected provider may assist the family with some or all of the costs of acquiring essential household items (e.g., tableware, bedding, etc.). d. Renter’s insurance if required by the lease: The selected provider may assist the family with some or all of the cost of renter’s insurance, but only in cases where the purchase of renter’s insurance is a condition of the lease.
C. Independent Living Skills Training and Life Skills Supportive Services Required The selected provider will be responsible for delivering the following services, including but not limited to:
1. Independent Living Skills Training:
a. Household Management: Training on meal planning, cooking, cleaning, laundry, and home safety.
b. Financial Literacy: Budgeting, banking, bill payment, credit management, and savings strategies.
c. Personal Care and Health Management: Hygiene, grooming, dressing skills, and health maintenance.
d. Time Management and Organization
e. Transportation Skills: Guidance on using public transportation, route planning, and obtaining driver’s licenses when applicable.
2. Life Skills Development:
a. Employment Preparation: Career exploration, resume writing, job search strategies, interview preparation, and workplace etiquette.
b. Educational Support: Assistance with GED preparation, college applications, financial aid navigation, and vocational training opportunities.
c. Self-Advocacy: Decision-making skills, problem solving techniques, and accessing community resources.
d. Social Skills: Training to build healthy relationships and community connections. e. Workshops: Organize and conduct regular workshops on various life skills topics such as communication skills, conflict resolution, stress management, and healthy relationships.
3. Comprehensive Case Management Services:
a. Conduct initial assessments to identify individual needs and goals. b. Develop personalized service plans.
c. Provide ongoing support and regular check-ins to ensure goal achievement. d. Coordination with local agencies for additional support services as needed. e. Work with participants to create comprehensive self-sufficiency plans. f. Assist in setting and achieving goals related to housing, education, and career.
D. Reports
1. Contractor shall submit a Quarterly Homeless Housing, Assistance, and Prevention Program (HHAP) Funds Report to the Housing Authority Coordinator thirty (30) days following the end of each quarter as listed below:
Quarter Due Dates
Quarter 1: July 1, 2025 – September 30, 2025 October 31, 2025 Quarter 2: October 1, 2025 – December 31, 2025 January 31, 2026 Quarter 3: January 1, 2026 – March 30, 2026 April 30, 2026 Quarter 4: April 1, 2026 – June 30, 2026 July 31, 2026 Quarter 1: July 1, 2026 – September 30, 2026 October 31, 2026 EXHIBIT 1
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Quarter 2: October 1, 2026 – December 31, 2026 January 31, 2027 Quarter 3: January 1, 2027 – March 30, 2027 April 30, 2027 Quarter 4: April 1, 2027 – June 30, 2027 July 31, 2027
Quarter 1: July 1, 2027 – September 30, 2027 October 31, 2027 Quarter 2: October 1, 2027 – December 31, 2027 January 31, 2028 Quarter 3: January 1, 2028 – March 30, 2028 April 30, 20278 Quarter 4: April 1, 2028 – June 30, 2028 July 31, 2028
2. Contr
actor shall provide a Quarterly HHAP Funds Report to [email protected] that includes the following information:
a. Specific uses and expenditures of any HHAP funds broken out by eligible uses listed; b. The number of homeless individuals served;
c. The type of housing assistance provided, broken out by the number of individuals; and d. Outcome data for individual served including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits.
E. Additional Reporting Requirements
1. All service outcome data shall be entered and tracked in the Homeless Management Information System (HMIS)
2. Monthly financial reports detailing funds obligated and expended
3. Annual comprehensive report on program achievements, challenges, and financial summary F. Timeline
The program
is expected to run for 3 years, from July 1, 2025 to June 30, 202 8 or until funds are depleted, with the option for a one-year extension. The selected provider will be expected to start services within 6 weeks of contract award and approval by City Council, whichever comes later.
Regular updates will be required as per the reporting schedule outlined in the contract.
G. Compensation
Contractor shall
be compensated for the services provided under this Agreement on a cost reimbursement basis as follows:
• The maximum amount for this Agreement for the period of July 1, 2025, through June 30, 2028 shall not exceed $632,839.
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CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECIT
ALS
A. The C
ity desires to retain a Consultant having special skill and knowledge in the field of:
B. Consul
tant represents that Consultant is able and willing to provide such services to the City.
C. In u
ndertaking 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 T
HEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOP
E OF SERVICES
Consul
tant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $632,839.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails t
o meet the standards of performance set fort h in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on [enter a Start Date or “the date first written above”] for a three (3) year term with the option for the City to grant up to a one (1)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPEN
DENT CONTRACTOR
EXHIBIT II
SAMPLE
AGREEMENT
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Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or w orks of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• 1. Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000.
3. Workers’ Compensation (W/C): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees .
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City .
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
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2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub- contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
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Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the term s of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under t his Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
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12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
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18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax I D#
RECOMMENDED FOR APPROVAL:
Executive Director
[INSERT] Agency
SAMPLE ONLY
(name)
(title)
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Federal Regulations – Rec ipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension – As
required by Executive Orders 12549 and 12689, and 2
CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records - W
ith respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Reports - R
ecipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - A ll recipients of federal
funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gi ves assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (AD
A) Recipient must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity - N one of the funds, materials, property, or services provided direc tly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Reci
pient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any pers on to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer
EXHIBIT III
FEDERAL REGULATIONS
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or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
i. Non-Dis crimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60- 1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Equal Employment Opportunity -
Recipient will comp ly, and all its contractors (or
subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code - Reci pient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.
l. Copeland Anti -Ki ckback Act - Recipient will comp ly, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.
(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
m. Davis-B acon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141- 3144 and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
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Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
Additionally, contractors are required to pay wages not less than once a week.
n. Work Hours and Safety - Recipient will comp ly, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
o. Clean
Air Act - Recipient will comp ly, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.
p. Energy and Conservation - R
ecipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - R
ecipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - R
ecipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyri
ght - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the c
opyright in any work developed through this Agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.
t. Telecommunications (2
CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
As des
cribed in Public Law 115-232, section 889, covered telecommunications equipment is:
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(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2
CFR 200.322) - Recipient agrees that as
appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or mat erials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufac tured products” means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
v. Equal Employment in Construction Contracts - P
ursuant to Equal Employment
Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) The c
ontractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
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(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the c ompensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
FOR PROPOSERS’ REFERENCE ONLY
EXHIBIT 1
City Council
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Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E- MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND I
NCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
EXHIBIT 1
City Council
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List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
EXHIBIT 1
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Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
THIS FORM MUST BE COMPLETED AND I
NCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
EXHIBIT 1
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(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non- collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of ________, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND I
NCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
EXHIBIT 1
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The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND I
NCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
EXHIBIT 1
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The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rul es, regulations, and orders.
1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
EXHIBIT 1
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or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND I
NCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
EXHIBIT 1
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On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.
Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.
They no longer have to go to a third- party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government.
This
RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and active registration status.
Proposer
’s UEI:_______________________________________________
SAM.
gov Registration Expiration Date:_____________________________ THIS F
ORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
SAM.GOV
UEI VERIFICATION
City of Santa Ana
RFP No. 25-057A
EXHIBIT 1
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Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification)
1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently excluded or disqualified;
b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and
d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Consultant
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
_______________________________________
Date
ATTACHMENT H
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION EXHIBIT 1
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INSTRUCTION FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction”, “debarment”, “suspension”, “disqualified,” “ineligible”, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “proposal”, and “voluntarily excluded”, as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title “Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction” unless it knows that the certification is erroneous.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.
ATTACHMENT H
City of Santa Ana
RFP No. 25-057A
ATTACHMENT H
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION EXHIBIT 1
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#2076148v2
HHAP SUBCONTRACTOR AGREEMENT FOR SERVICES COORDINATION FOR
TRANSITIIONAL AGE YOUTH AND FORMER FOSTER YOUTH
BETWEEN ORANGEWOOD FOUNDATION, THE HOUSING AUTHORITY OF THE
CITY OF SANTA ANA, AND THE CITY OF SANTA ANA
THIS AGREEMENT (“HHAP Agreement” or “Agreement”) is made and entered into on this 19th day of August, 2025 by and between Orangewood Foundation, a California nonprofit corporation (“Subcontractor”), the Housing Authority of the City of Santa Ana, a public body, corporate and politic (“Housing Authority”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). The Housing Authority and City shall collectively
be referred to as “Contractor.” Subcontractor, Housing Authority and City shall be referred to individually as “Party” and collectively as “Parties.”
RECITALS
A. The State of California established the Homeless Housing, Assistance, and Prevention Program (“HHAP” or “Program”) pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4 (AB 140) Effective July 19, 2021.) The Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency. HHAP provides flexible block grant funds to Continuums of Ca re, large cities and counties to build on the regional coordination created through previous Cal ICH grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness.
B. The City is the recipient of HHAP-5 funds from the State of California. In 2024, the City entered into an agreement with the State of California , Agreement Number 2 4-HHAP- 10007 receiving and recognizing $5,878,393.38 in HHAP-5 grant funds to be used by the City to address immediate homeless challenges (collectively, “State HHAP-5 Contract”).
A true and correct copy of the State HHAP-5 Contract is attached hereto as Exhibit A and incorporated herein by this reference.
C. The Housing Authority is the recipient of Foster Youth to Independence (“FYI”) Calendar Year (“CY”) 2022 Special Fee Set -Aside funds from the United States Department of Housing and Urban Development (“HUD”). In 2023, HUD notified the Housing Authority that funds had been obli gated for CY 2022 HCV Program administrative fee set -aside Special Fees as a one-time award under Funding Increment Number CA093AF0161. FYI CY 2022 Special Fees may be used to support necessary , additional administrative expenses incurred to achieve full (100%) FYI voucher utilization as outlined in PIH Notice 2022-14, “Implementation of the Federal Fiscal Year 2022 Funding Provisions for the Housing Choice Voucher Program”. A true and correct copy of the HUD Obligation Letter is attached hereto as Exhibit B and incorporated herein by this reference.
D. The Housing Authority and City intends to braid, blend, combine and leverage the FYI CY 2022 Special Fees from HUD and HHAP -5 funds from the State of California to provide EXHIBIT 2
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services coordination for eligible Transitional Age Youth and Former Foster Youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessness and who have been matched with a FYI voucher.
E. On April 2, 2025, the Housing Authority issued Request for Proposal No. 25 -057A (“RFP”), by which it sought a subcontractor to provide services coordination for Transitional Age Youth (“TAY”) and Former Foster Youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessn ess and who have ben matched with a Foster Youth to Independence (FYI) voucher. Specifically, the subcontractor will deliver two core services: 1) housing navigation and landlord incentive services to assist the FYI voucher holder to lease a rental unit i n the private market; and 2) independent living skill training and life skills support services to maintain stable housing and not return to homelessness. Per the RFP, “Priority shall be given to qualifying TAY youth at the Santa Ana Navigation Center (‘Carnegie Homeless Shelter’).” The RFP shall be incorporated by reference as though attached hereto in full.
F. Subcontractor submitted a responsive proposal to the RFP that was selected by the Contractor. Subcontractor represents that it is able and willing to provide services described in the scope of work that was included in the RFP.
G. Subcontractor has been made aware of the State HHAP -5 Contract and agrees to comply with the conditions of the State HHAP -5 Contract and the applicable State requirements governing the use of HHAP-5 grant funds.
H. Subcontractor has been made aware of the HUD Obligation Letter and agrees to comply with the conditions of the award as outlined in PIH Notice 2022 -14, “Implementation of the Federal Fiscal Year 2022 Funding Provisio ns for the Housing Choice Voucher Program” and the applicable Federal requirements governing the use of FYI CY 2022 Special Fees.
I. In undertaking the performance of this Agreement, Subcontractor represents that it is knowledgeable in its field and that any services performed by Subcontractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. Subcontractor also represents that it has the requisite qualifica tions, expertise, and experience to work within the provisions of the Program and is willing to use said HHAP grant funds and FYI Special Fees to operate within said Program.
J. Contractor and Subcontractor have duly executed this HHAP Agreement for the expenditure and utilization of said HHAP and FYI funds.
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:
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1. SCOPE OF SERVICES
Subcontractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work- Exhibit C, attached hereto and incorporated by reference.
Subcontractor shall comply with all Federal requirements detailed in the Contractor’s RFP (Exhibit III), as attached hereto as Federal Regulations -Exhibit D.
2. COMPENSATION
a. Contractor agrees to pay, and Subcontractor agrees to accept as total payment for its services for Contractor, the rates and charges identified Compensation - Exhibit E.
The total amount to be expended during the term of this Agreement shall not exceed $632,839.00. The funding is comprised of $587,839.33 in HHAP-5 funds and $45,000 in FYI administrative fees.
b. Payment by Contractor shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to Contractor accounting procedures. Contractor and Subcontractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers.
Subcontractor agrees to execute the Contractor’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the Contractor will be authorized to deposit payments directly into Subcontractor’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 Contractor.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the Contractor to grant up to a one 1-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Subcontractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the Contractor. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to EXHIBIT 2
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employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for Contractor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of express ion, 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 Subcontractor under this Agreement (“Documents & Data”).
Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non- exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor 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 Contractor’s sole risk.
6. INSURANCE
Insurance requirements are attached hereto as Exhibit F.
7. INDEMNIFICATION
Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equita ble relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, 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 Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any a ction 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 aris ing from this Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Subcontractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor.
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8. INTELLECTUAL PROPERTY INDEMNIFICATION
Subcontractor shall defend and indemnify the Contractor, 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 Subcontractor to the Contractor pursuant to this Agreement.
9. RECORDS
Subcontractor shall keep records and invoices in connection with the work to be performed under this Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this Agreement. All such records and invoices shall be clearly identifiable. Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such recor ds and any other documents created pursuant to this Agreement during regular business hours. Subcontractor 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 Subcontractor under this Agreement.
10. CONFIDENTIALITY
If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either Party by any subsidiary and/or agent of the other Party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently de veloped by the Subcontractor without reference to information disclosed by the Contractor.
11. CONFLICT OF INTEREST CLAUSE
a. Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council M ember, or any EXHIBIT 2
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appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the Contractor shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Subcontractor or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Subcontractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Subcontractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Subcontractor hereafter becomes aware of any facts th at might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the Contractor. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Subcontractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by Contractor funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
.
12. NON-DISCRIMINATION
Subcontractor 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. Subcontractor 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 Contractor and Subcontractor, 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 Contractor and by an authorized representative of Subcontractor. 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 EXHIBIT 2
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Subcontractor or the Contractor. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any inter est herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent sha ll be considered null and void. Nothing in this Agreement shall be construed to l imit the Contractor’s ability to have any of the services which are the subject to this Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor.
15. TERMINATION
This Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor's use thereof for such purposes as the Contractor deems appropriate.
b. Payment ne ed 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. All 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.
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18. PROFESSIONAL LICENSES
Subcontractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of Californ ia, the City of Santa Ana and all other governmental agencies. Subcontractor shall notify the Contractor immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To Contractor:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6956
To Subcontractor:
Tiffany Mitchell, Psy.D.
Chief Programs Officer
Orangewood Foundation
P.O. Bo 10341
Santa Ana, CA, 92711
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, EXHIBIT 2
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communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registere d or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney’s fees, for any injuries or damages to Contractor 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.
[signatures on following page]
EXHIBIT 2
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\'-ril" 1 \\'llERE<)l-'. the Part1c, h�rcto ha, c executed this Agrce1nent the date and yenr first uvu\ \\ 11.il fl
\TTf T
Jennifer L. Hall
Cit)· Clerk
TIE T:
Jennifer L Hall
Recording Secret3I)'
,-\PPRO\ FD \ TO f0R'l
SO'\I.\ R. Ci\RVALHO
Cit) Attome) Jnd Housing Authonty
Genera! Counsel
u�Ml CJ;�{<_� -JtJL.B�-----------
Andrea Garcia-\.1 tller
Assistant Cit} Attorney and
Assistant Coun.c;el
REC0�1ME:i DED FOR APPROVAL:
f\1ichael L. Garcia
Executi.,. e Director
Communit., o�velopincnt Agency
CIT\ 0 f \ "11 \ \, \
Alvaro uiiez
City l\1anager
HOU I G t, 1 IIORJ 11 OF
TIIE IT, OF ,\ T \ J-\ 1\
�l1chncl Gnrc1a
Executive Director
BCO. TRACTOR:
Orange,� Foundation, Inc
-
me Chr1c; S1 1onscn
Tttle. CEO
Png�IOoflO
EXHIBIT 2
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EXHIBIT A
STATE HHAP-4 CONTRACT
EXHIBIT 2
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SCO ID: 2240-24HHAP10007
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES �-----------�-------------�
STANDARD AGREEMENT AGREEMENT NUMBER
24-HHAP-10007
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR NAME
City of Santa Ana
2. The term of this Agreement is:
START DATE
Upon HCD approval
THROUGH END DATE
June 30, 2029
3. The maximum amount of this Agreement is:
$5,878,393.38 (Five Million Eight Hundred Seventy Eight Thousand Three Hundred Ninety Three Dollars and Thirty Eight Cents)
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits Title
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Disbursement Provisions
Exhibit C * State of California General Terms and Conditions + Exhibit D HHAP General Terms and Conditions -
Exhibit E Special Terms and Conditions -
+ TOTAL NUMBER OF PAGES ATTACHED -
Items shown with an astensk (*), are hereby mcorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at httpsj/www.dgs.ca.gov/OL5/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana
CONTRACTOR BUSINESS ADDRESS
20 Civic Center Drive
CITY
Santa Ana
TITLE
Pages
13 4
GTC
04/2017
11 3
31 '
STATE
'
ZIP
CA 90262
PRINTED NAME OF PERSON SIGNING
Michael Garcia Executive Director of Community Development CONTRACTOR.f-UTHORIZED SIGNATURE
-��
DATE SIGNED
1-f;-20;2_f
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Jenee McClain-Battiste
1/10/2025
Chief, Business and Contracts Services
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City of Santa Ana
24-HHAP-10007
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
This Standard Agreement (“Agreement”) is an agreement regarding Homeless Housing, Assistance, and Prevention Program Round 5 (HHAP-5 or Program) funds.
A. The State of California established HHAP-5 pursuant to the provisions in Chapter 6.5 (commencing with Health and Safety Code (HSC) section 50230) of Part 1 of Division 31 of the HSC. (Amended by Stats. 2023, Ch. 40, Sec. 17 (AB 129) effective July 10, 2023).
B. The Program is administered by the California Department of Housing and Community Development (HCD) in the Business, Consumer Services and Housing Agency (Agency). HHAP-5 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous HCD grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness
.
C. This Standard Agreement/Contract for Funds along with all its exhibits (Agreement) is entered into by HCD and a Continuum of
Care, a city, or a county (Grantee) under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (NOFA) dated September 29, 2023, under which the Grantee applied, HCD guidance and directives and the requirements appearing in the statutory authority for the Program cited above.
2. Purpose
HHAP-5 is established for the purpose of organizing and deploying the full array of homelessness programs and resources comprehensively and effectively, and to sustain existing federal, state, and local investments towards long-term sustainability of permanent housing and supportive services. The general purpose of the Program is to (1) reduce homelessness by expanding or developing local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those EXHIBIT 2
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24-HHAP-10007
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
individuals and families to maintain their permanent housing; and (2) continue to build on regional coordination developed through previous rounds of HHAP funding (See HSC section 50230 et seq.).
HHAP funding shall:
A. B e available to applicants for the purpose of reimbursement for planning and preparing the Regionally Coordinated Homelessness Action Plans required for the HHAP-5 application.
B. C ontinue to build regional collaboration between Continuums of Care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness by fostering robust regional collaboration and strategic partnerships aimed at fortifying the homeless services and housing delivery system. This should be achieved through the formulation of data- driven and cross-system plans designed to allocate resources in alignment with the state's priorities for homeless housing solutions. This means implementing strategies that create and sustain regional partnerships and prioritize permanent housing solutions.
C. Ensure the long-term sustainability of housing and supportive services, by strategically pairing these funds with other local, state, and federal resources to effectively reduce and ultimately end homelessness.
Grantees are encouraged to follow the guidance provided in “Putting the Funding Pieces Together: Guide to Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness”.
D. Demonstrate sufficient resources dedicated to long-term permanent housing solutions, including capital and operating costs.
E. Demonstrate a commitment to address racial disproportionality in homeless populations and achieve equitable provision of services and outcomes for Black, Native and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness.
F. Establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all EXHIBIT 2
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24-HHAP-10007
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
levels of planning and implementation, including through opportunities to hire people with lived experience.
G. Fund projects that provide housing and services that are Housing First compliant, per HSC section 50234(f), and delivered in a low barrier, trauma informed, and culturally responsive manner. Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving interim or permanent housing, or other services for which these funds are used.
H. Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments.
3. Definitions
The following HHAP-5 program terms are defined in accordance with HSC section 50230, subdivisions (A) – (X):
A. “Agency” means the Business, Consumer Services, and Housing Agency.
B. “Applicant” means a Continuum of Care, city, county, or a region for purposes of the Regionally Coordinated Homelessness Action Plan requirements pursuant to this chapter.
C. “City” means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters.
D. “ Continuum of Care” means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
E. “Coordinated Entry System” means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or EXHIBIT 2
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24-HHAP-10007
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.
F. “Regionally Coordinated Homelessness Action Plan” means the regionally coordinated homelessness action plan described in Section 50233.
G. “Council” means the associated staff within the Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
H. “Department” means the Department of Housing and Community Development.
I. “Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801.
J. “Grantee” means an eligible applicant that has received its initial Round 5 base allocation or total Round 5 base allocation, as applicable.
K. “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
L. “Homeless Management Information System” means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term “Homeless Management Information System” also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
M. “Homeless point-in-time count” means the most recently available point-in- time count data as reflected in the Annual Homeless Assessment Report released by the United States Department of Housing and Urban Development.
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24-HHAP-10007
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
N. “Homeless youth” means an unaccompanied youth between 12 and 24 years of age who is experiencing homelessness, as defined in Section 725(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.
O. “Housing First” has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein.
P. “Jurisdiction” means a city, county, Continuum of Care, or tribe, as defined in this section.
Q. “Memorandum of Understanding” has the same meaning as defined in subdivision (f) of Section 50233.
R. “Navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
S. “Program” means Round 5 of the Homeless Housing, Assistance, and Prevention program, or Round 5, established pursuant to this chapter.
T. 1) “Base program allocation” means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges pursuant to the allowable uses specified in Section 50236.
2) “Homekey supplemental allocation” means the portion of program funds available to eligible jurisdictions as supplementary Homekey resources, as defined in Section 50237.
U. “Recipient” means a jurisdiction that receives funds from HCD for the purposes of the program.
V. 1) Except as set forth in paragraph 2) below, “region” means the geographic area served by a county, including all cities and Continuum of Care within it. A region that has a Continuum of Care that serves multiple counties may submit a plan that covers multiple EXHIBIT 2
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24-HHAP-10007
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
counties and the cities within them, or the Continuum of Care may participate in the Regionally Coordinated Homelessness Action Plan of each individual county that is part of the Continuum of Care along with the cities within the county.
2) All Continuums of Care within the County of Los Angeles shall be considered part of a single region, along with the county and big cities within the county.
W. “Small jurisdiction” means a city that is under 300,000 in population as of January 1, 2022, according to data published on the internet website of the Department of Finance.
X. “Tribe” or “tribal applicant” means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code that is located in California.
Additional definitions for the purposes of the HHAP-5 program:
Allocations:
“Initial HHAP-5 Base Allocation”: fifty percent (50%) of the eligible city, county, or Continuum of Care’s HHAP-5 allocation.
“HHAP-5 Planning Allocation”: one hundred percent (100%) of the eligible city, county, or Continuum of Care’s HHAP Round 5 planning allocation.
“Initial Supplemental Funding Allocation”: one hundred percent (100%) of the eligible city, county, or Continuum of Care’s share of the one hundred ($100) million Supplemental Allocation.
“Remainder Disbursement”: the remaining fifty percent (50%) of the eligible city, county, or Continuum of Care’s HHAP- 5 base allocation.
“Obligate”: means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-5 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A.
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24-HHAP-10007
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
“Expended”: means all HHAP-5 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding.
4. Scope of Work
A. The Scope of Work (“Work”) for this Agreement shall include uses that are consistent with HSC section 50234, subdivision (a) (1), and section 50236, and any other applicable laws.
B. HHAP-5 Planning Allocation funds are for the purpose of planning for and preparing the Regionally Coordinated Homelessness Action Plan required as part of the HHAP-5 regional application. Any Planning Allocation funds that are not spent on the preparation of the HHAP-5 application must be expended consistent with the purpose and requirements of the HHAP-5 program, as described below.
C. Provided that before proposing to use HHAP-5 resources to fund new interim housing solutions, the applicant first demonstrates that the region has dedicated sufficient resources from other sources to long-term permanent housing solutions, including capital and operating costs, allowable uses of HHAP-5 base program allocation funds include all of the following:
1) Permanent housing solutions, including all of the following:
a) Rental subsidies, including to support placement of individuals in Community Assistance, Recovery and
Empowerment (CARE) Court.
b) Landlord incentives, such as security deposits, holding fees, funding for needed repairs, and recruitment and relationship management costs.
c) Move-in expenses.
d) Operating subsidies in new and existing affordable or supportive housing units serving people experiencing
homelessness, including programs such as Homekey, new
or existing residential care facilities, funded by the
Behavioral Health Continuum Infrastructure Program or the EXHIBIT 2
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EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
Community Care Expansion Program. Operating subsidies
may include operating reserves.
e) Homelessness prevention through rental assistance, rapid rehousing, and other programs, so long as they prioritize households at imminent risk of homelessness or households with incomes at or below thirty percent (30%) of the area median income, who pay more than fifty percent (50%) of their income in housing costs, and who meet criteria for being at highest risk of homelessness through data-informed criteria.
f) Problem-solving and diversion support programs that prevent people at risk of or recently experiencing
homelessness from entering unsheltered or sheltered
homelessness.
g) Services for people in permanent housing, so long as the services are trauma-informed and practice harm reduction, to include intensive case management services, assertive community treatment services, critical time intervention services, other tenancy support services, evidence-based employment services, coordinating mental health, substance use, and primary care treatment, or other evidence-based supportive services to increase housing retention.
h) Capital for permanent housing that serves people
experiencing homelessness, including conversion of
underutilized buildings or existing interim or transitional housing into permanent housing.
2) Interim housing solutions, including all of the following:
a) Navigation centers that are low barrier, as defined in Sections 65660 and 65662 of the Government Code, to
include any of the following:
b) Operating expenses in existing congregate shelter sites.
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24-HHAP-10007
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
c) Operating expenses in new or existing non-congregate shelter sites and transitional housing for youth.
d) Motel or hotel vouchers.
e) Services provided to people in interim housing, to include trauma-informed and evidence-based intensive case
management services, housing navigation, connecting
people to substance use or mental health treatment, public benefits advocacy, and other supportive services to promote stability and referral into permanent housing.
f) Capital funding to build new non-congregate shelter sites, including for construction, rehabilitation, and capital improvements to convert existing congregate sites into non- congregate sites.
g) Capital funding for clinically enhanced congregate or non- congregate shelter sites.
h) Youth-focused services in transitional housing.
3) Service provisions and systems support including all of the following:
a) Services for people experiencing unsheltered homelessness, including street outreach, including, but not limited to, persons experiencing homelessness from encampment sites and those transitioning out of encampment sites funded by the program known as the Encampment Resolution Funding
Grant consistent with HSC Section 50251 to access
permanent housing and services. This includes evidence- based engagement services, intensive case management
services, assertive community treatment, housing
navigation, harm reduction services, coordination with street- based health care services, and hygiene services for people living in encampments and unsheltered individuals.
b) Services coordination, which may include access to
workforce, education, and training programs, or other
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EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
services needed to promote housing stability in supportive housing.
c) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations, including families and homeless youth.
d) Improvements to existing emergency shelters to lower barriers and increase privacy.
e) Any new interim sheltering funded by Round 5 funds must be low-barrier, comply with Housing First practices as
provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.
4) In addition to the eligible uses described above, the Grantee’s expenditure of its entire HHAP-5 Base Allocation must also comply with the following:
a) At least ten percent (10%) of the funds shall be spent on services for homeless youth populations.
b) Not more than seven percent (7%) of funds may be used for administrative costs incurred by the city, county, or
Continuum of Care to administer its program allocation. For purposes of this Agreement, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation.
Grantee shall perform the work only in the areas as identified, and in accordance with any guidance from HCD.
5) Contract Coordinator
HCD’s Contract Coordinator for this Agreement is HCD’s Grants Program Design Section Chief or their designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be sent to the HCD Contract Coordinator electronically.
EXHIBIT 2
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EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: California Department of Housing
& Community Development City of Santa Ana
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon St SW, Suite 400
Sacramento, CA, 95811
20 Civic Center Drive,
Santa Ana, CA 90262
CONTRACT
COORDINATOR
Jeannie McKendry
Mishaun Watkins
PHONE
NUMBER: (916) 490-9589 (562) 637-5405
EMAIL
ADDRESS:
[email protected]
[email protected] [email protected]
All requests to update the Grantee information listed within this Agreement shall be emailed to the HPD Homelessness Grants general email box at [email protected]. HCD reserves the right to change their representative and/or contact information at any time with notice to the Grantee.
6) Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approval by HCD (indicated by the signature provided by HCD in the lower left section of page one, Standard Agreement, STD. 213), and when signed by all parties. Funds will be disbursed in accordance with Section 4 of Exhibit B.
B. This Agreement shall terminate on June 30, 2029.
C. On or before January 1, 2026, a Grantee shall submit to the Department an updated Regionally Coordinated Homelessness Action Plan, which shall include updates on the metrics and key actions to improve these metrics, which shall be reviewed and approved by HCD pursuant to HSC 50235 subdivision (h). A Grantee shall contractually obligate no less than seventy-five percent (75%) and shall expend no less than fifty percent EXHIBIT 2
City Council
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EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
(50%) of their initial fifty percent (50%) HHAP-5 base allocation disbursement by June 30, 2026. This excludes both the HHAP-5 planning and Initial Supplemental Allocations. Upon demonstration by a recipient Grantee that it has complied with both of these requirements, the Department shall disburse to that recipient the remaining fifty percent (50%) of its HHAP-5 base allocation pursuant to HSC Section 50235.
1) Grantee will demonstrate compliance with these obligation and expenditure requirements through monthly fiscal reports and by completing a certification documentation in the form and manner provided by HCD.
D. If a Grantee has obligated less than seventy-five percent (75%) or expended less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 base allocation by June 30, 2026, the Grantee shall not contractually obligate or expend any remaining portion of its initial HHAP-5 base allocation, and HCD shall not allocate to the recipient the remaining fifty percent (50%) of its HHAP-5 base allocation, unless both of the following occur:
1) On or before June 30, 2026, the Grantee submits an alternative disbursement plan to HCD that includes an explanation for the delay.
2) HCD approves the alternative disbursement plan.
If a Grantee does not satisfy these requirements, HCD shall have the discretion to allocate the unused funding in a manner prescribed by HCD.
If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2027, the funds shall be returned to HCD to be allocated as supplemental awards in accordance with Health and Safety Code Section 50237.
E. All HHAP-5 funds, including base allocations, planning allocations, and supplemental funding, shall be expended by June 30, 2028.
F. Any funds, including planning allocations and supplemental funding, not expended by June 30, 2028, shall revert to, and be paid and deposited in, the General Fund pursuant to Health and Safety Code section 50235 subdivision (m).
EXHIBIT 2
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