On April 22, 2025, PWA released Request for Proposals (RFP) No. 25-030 for qualified firms to provide water system mapping and software services of the entire water distribution system and sources of supply. The RFP was advertised on the City’s online bid management and publication system, PlanetBids, with proposals due on May 22, 2025. System records indicate a total of 216 vendors were notified, with 30 vendors downloading bidding documents, and one proposal received.
Staff recommends awarding an agreement (Exhibit 2) to iWater Inc. for digital water mapping services, computer hardware configuration and installation, professional oncall services, and system service support. Due to the specific requirements outlined in the RFP, including remote and on-site support of the iWater, Inc.-developed infraMAP software, iWater, Inc. is uniquely qualified within the industry to provide the requested services.
Since 2009, the City has maintained an agreement with iWater, Inc. for digital water mapping services, computer hardware configuration and installation, professional oncall services, and system service support of infraMAP software. The scope of services has evolved over the years to include GIS mapping updates, continual software and hardware maintenance and support, cloud-based systems integration with deployment of the infraMAP-NOW application, and on-site support for both office and field staff. iWater has consistently performed satisfactory work throughout each agreement. This agreement will ensure continuity of service in order for the City to utilize these essential operational resources. iWater’s proposal demonstrates the firm has the necessary technical expertise and capacity to complete the scope of work identified in the RFP.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funding is available in the Fiscal Year 2025-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. A breakdown of the funding is provided in the table below.
Fiscal Year Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
Contract (3-Year Term)
06017645-
62300
Water
Admin/Engineering,
Contract Services -
Professional
2025-26 $160,000
06017645-
66511
Water
Water
Admin/Engineering,
$190,000
City Council 23 – 2 9/16/2025
Water System Mapping and Software Services
September 16, 2025
Fiscal Year Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
Computer Software
Subscriptions
06017645-
62300
Water
Admin/Engineering,
Contract Services -
Professional
2026-27 $160,000
06017645-
66511
Water Water
Admin/Engineering,
Computer Software
Subscriptions
$190,000
06017645-
62300
Water
Admin/Engineering,
Contract Services -
Professional
2027-28 $160,000
06017645-
66511
Water Water
Admin/Engineering,
Computer Software
Subscriptions
$190,000
Optional Two-Year Extension
06017645-
62300
Water
Admin/Engineering,
Contract Services -
Professional
2028-29 $160,000
06017645-
66511
Water Water
Admin/Engineering,
Computer Software
Subscriptions
$190,000
06017645-
62300
Water
Admin/Engineering,
Contract Services -
Professional
2029-30 $160,000
06017645-
66511
Water Water
Admin/Engineering,
Computer Software
Subscriptions
$190,000
Total $1,750,000
EXHIBITS
1. RFP No. 2025-030
2. Agreement with iWater, Inc.
City Council 23 – 3 9/16/2025
Water System Mapping and Software Services
September 16, 2025
Submitted By: Rudy Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 23 – 4 9/16/2025
Exhibit 1
City Council 23 – 5 9/16/2025
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide water system mapping and application services of the entire water distribution system and sources of supply.
Responses to this Request for Proposals (RFP) will be accepted until Thursday, May 22, 2025, at 4:00 P.M.
Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time.
Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 and on the City’s RFP Bid page at www.santa-ana.org/bids-rfps. Proposers shall be responsible for monitoring PlanetBids and the City’s RFP Bid page to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be sent via certified mail or email. A decision, by an interested firm, not to submit a Letter of Intent would not lead to the disqualification of the firm.
City Council 23 – 6 9/16/2025
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND..............................................................................................................................4 II. OVERVIEW OF PROJECT ............................................................................................................4 III. TERM OF AGREEMENT................................................................................................................4 IV. MINIMUM QUALIFICATIONS ........................................................................................................4 V. RESPONSE TO RFP .....................................................................................................................5 VI. CERTIFICATIONS (ATTACHMENTS) ...........................................................................................9 VII. REFERENCES...............................................................................................................................9 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE.........................................................................10 IX. SELECTION PROCEDURES & CRITERIA..................................................................................10 X. WITHDRAWALS...........................................................................................................................11 XI. GENERAL TERMS AND CONDITIONS.......................................................................................11 XII. AWARD OF AGREEMENT ..........................................................................................................16 XIII. IMPLEMENTATION......................................................................................................................16
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
ATTACHMENTS
A
B
C
D
E
F
PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
REFERENCES
PROPOSER’S STATEMENT
NON-COLLUSION AFFIDAVIT
NON-LOBBYING CERTIFICATION
NON-DISCRIMINATION CERTIFICATION
G SUBCONTRACTOR DESIGNATION FORM
City Council 23 – 7 9/16/2025
CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide water system mapping and application services of the entire water distribution system and sources of supply. The City desires to achieve a unified, digital mapping process that meets the enterprise’s mapping needs and allows the deployment of this information to all the end users. The City currently uses the infraMAP Software asset maintenance software to schedule work, emergencies, in multiple departments such as Engineering, Water Production, Water Quality, and others as needed.
See EXHIBIT I for complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, 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 five (5) 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) Consultant must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.
3) Consultant must have a minimum of five years supporting both infraMAP and Esri software. 4) Consultant shall be an official InfraMap Software Reseller. 5) Consultant field staff must currently hold a CA State Water Resources Control Board Division of Drinking Water – D3 for the lead staff and D2 for team lead staff City Council 23 – 8 9/16/2025
CITY OF SANTA ANA
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. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the City Yard Admin Building in the first floor lobby in an enclosed sealed envelope and marked clearly with the following:
“SEALED PROPOSAL FOR
WATER SYSTEM MAPPING AND APPLICATION SERVICES
RFP NO. 25-030
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Armando Fernandez, P.E.
Public Works Agency
220 S. Daisy Ave.; M-85
Santa Ana, CA 92703
Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline will suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.
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:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
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 timely 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.
All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. 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.
City Council 23 – 9 9/16/2025
CITY OF SANTA ANA
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless 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 Project Coordinator(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 Project Manager(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 no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. 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.
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract 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://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
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 Contract and any other Contract 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 City Council 23 – 10 9/16/2025
CITY OF SANTA ANA
conditions of the Contract 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 Contract 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 VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Font size shall be minimum 11-point Arial. 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:
Armando Fernandez, Project Manager
City of Santa Ana – Public Works Agency, Water Resources Division 220 S. Daisy Avenue, M-85
Santa Ana, CA 92703
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:
i.
ii.
A general description of the firm, including size and number of employees working directly with the City on this agreement.
Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal City Council 23 – 11 9/16/2025
CITY OF SANTA ANA
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. iv. 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, 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 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. When applicable, 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.
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.)
City Council 23 – 12 9/16/2025
CITY OF SANTA ANA
H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, 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 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: Subcontractor Designation Form
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 RFP have been performed, including contact names and City Council 23 – 13 9/16/2025
CITY OF SANTA ANA
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
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. Evaluation: 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. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria:
CATEGORY POINTS
Firm/Team Experience
Understanding of Need
Relevant Project Experience
References
25 30
25 10
Fee 10
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. Total possible score may exceed 100 points. 20 C. Rankings: A final 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 City Council 23 – 14 9/16/2025
CITY OF SANTA ANA
the right to award the contract 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.
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 a contract 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 may be considered non-responsive and may be rejected.
The City 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 contract, 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 contract 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 a contract 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 contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, 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 City Council 23 – 15 9/16/2025
CITY OF SANTA ANA
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 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 Contract may be awarded a Contract 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 Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. 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. Precontractual 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 contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.
F. CONTRACTOR’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 contract. 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 contract. 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: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.
City Council 23 – 16 9/16/2025
CITY OF SANTA ANA
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
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 contract 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 Contract 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 contract.
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 Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required 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 contract, 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, the City reserves the right to disqualify them without any further obligation
City Council 23 – 17 9/16/2025
CITY OF SANTA ANA
L. 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 contract on the last day of the current fiscal period without penalty or expense to the City.
M. 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.
N. 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 Subcontractor(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.
O. 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.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract 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 contract, 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 contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded City Council 23 – 18 9/16/2025
CITY OF SANTA ANA
successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.
Q. 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.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract 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.
S. 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.
T. 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.
U. 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.
V. 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.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract 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 City Council 23 – 19 9/16/2025
CITY OF SANTA ANA
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.
Y. 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 contract 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 contract terms.
A. EXECUTION OF AGREEMENT
A 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 issues including transition of services and scheduling.
B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved.
City Council 23 – 20 9/16/2025
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
A. INTRODUCTION AND BACKGROUND
The City of Santa Ana Public Works Agency – Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City’s water system has an average day demand of about 30 million gallons (MG) with 45,000 service connections. It is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones.
The City desires to retain a qualified Consultant to provide support services, maintenance, licensing, and onsite GIS professional staff to support the Water Resources Division’s infraMAP Software Application. The City’s Water Resources Division currently uses the infraMAP Software asset maintenance software to schedule work and emergencies in multiple departments which include, Engineering, Water Production, Water Quality, Water Maintenance, Sewer Maintenance, Meter Services, and others as needed. The selected vendor is intended to provide both onsite and offsite support services for the City. The Consultant shall be available on an on-call basis, 24 hours a day, seven days a week to provide support services, maintenance, licensing, and onsite GIS professionals to support the City’s infraMAP software application.
B. CONSULTANT RESPONSIBILITIES
The Consultant shall provide all labor, materials, services, and equipment necessary for the services described herein. The Consultant shall possess all Federal, State and Local permits, licenses, and approvals necessary to provide good/services required in the Scope of Work.
C. SCOPE OF SERVICES
The City is seeking qualified Consultants to provide GIS professional services which will involve maintaining both the infraMAP database and Esri database to ensure the two databases are in sync at all times. The selected vendor is intended to provide user licensing for the infraMAP software for 200 internal and external users. The Consultant shall provide onsite services of a minimum of 32 hours and a maximum of 40 hours per week for standard support. Additional onsite hours for training, asset verification, and department meetings, can amount to 50 hours per month above the required onsite time.
The onsite staff/personnel must have a minimum of 5 years Esri experience and have the skillset to work in Esri ARC PRO for 5 years. The onsite staff/personnel must have a minimum of ten years’ experience in the field providing map updates with high accuracy GPS products for map verifications for departments requesting the corrections. The GPS equipment must be provided by the Consultant.
Work by the Consultant may include operating portions of the Water system which will require CA Department of Health certified personnel. The lead on the project must currently hold a D-3 license and other key field staff shall hold a D-2 license. If work is required to the water system, the Consultant must hold the required CA State license with an A license preferred.
City Council 23 – 21 9/16/2025
CITY OF SANTA ANA
EXHIBIT II
SAMPLE AGREEMENT
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”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the 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 $xxxxxx.
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 to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employeremployee 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 City Council 23 – 22 9/16/2025
CITY OF SANTA ANA
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 works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
City Council 23 – 23 9/16/2025
CITY OF SANTA ANA
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Armando Fernandez), 215 S. Center St, M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or City Council 23 – 24 9/16/2025
CITY OF SANTA ANA
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 this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this 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.
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.
City Council 23 – 25 9/16/2025
CITY OF SANTA ANA
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.
b.
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.
Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this 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.
City Council 23 – 26 9/16/2025
CITY OF SANTA ANA
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, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Consultant:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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.
b.
c.
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.
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.
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
City Council 23 – 27 9/16/2025
CITY OF SANTA ANA
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall
City Clerk
Alvaro Nuñez
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
CONSULTANT:
By:
(name)
(title) Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba, P.E.
Executive Director
Public Works Agency
SAMPLE ONLY
City Council 23 – 28 9/16/2025
CITY OF SANTA ANA
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
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 INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City Council 23 – 29 9/16/2025
CITY OF SANTA ANA
ATTACHMENT B
REFERENCES
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.
City Council 23 – 30 9/16/2025
CITY OF SANTA ANA
ATTACHMENT C
PROPOSER’S STATEMENT
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 required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City Council 23 – 31 9/16/2025
CITY OF SANTA ANA
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
(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 INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City Council 23 – 32 9/16/2025
CITY OF SANTA ANA
ATTACHMENT E
NON-LOBBYING CERTIFICATION
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 INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City Council 23 – 33 9/16/2025
CITY OF SANTA ANA
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
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 rules, regulations, and orders.
6. 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.
7. 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 City Council 23 – 34 9/16/2025
CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City Council 23 – 35 9/16/2025
CITY OF SANTA ANA
ATTACHMENT G
SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name: Location:
Portion of Work/Trade:
Contractor’s License Number
Bid Amount
DIR Registration No.
Subcontractor Name:
Portion of Work/Trade:
Location:
Bid Amount:
Contractor’s License No: DIR Registration No:
Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City Council 23 – 36 9/16/2025
CONSULTANT AGREEMENT WITH IWATER INC. TO PROVIDE WATER SYSTEM
MAPPING AND APPLICATION SERVICES TO CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 16th day of September, 2025 by and between iWater, Inc., (“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”).
RECITALS
A. On April 22, 2025, the City issued Request for Proposal (“RFP”) No. 25-030, by which it sought qualified consultants to provide water system mapping and application services for the City’s Public Works Agency.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work which was included in RFP 25-030.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Services which was included with RFP 25-030, attached hereto as Exhibit A and incorporated by reference, as well as Consultant’s Proposal Response, which is attached as Exhibit B 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 C. The total amount to be expended during the term of this Agreement shall not exceed $1,750,000, including any extension periods.
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 to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
City Council 23 – 37 9/16/2025
This Agreement shall commence on the 16th of September, 2025 for one three-year term with the option for the City to grant up to two additional one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent 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 works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
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 City Council 23 – 38 9/16/2025
$1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
City Council 23 – 39 9/16/2025
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Christine Le, 215 S. Center St., M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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 City Council 23 – 40 9/16/2025
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 this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this 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
a. 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 City Council 23 – 41 9/16/2025
specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant 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 Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the 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
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 City Council 23 – 42 9/16/2025
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.
City Council 23 – 43 9/16/2025
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, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
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 Don Rhodes
President
iWater, Inc.
12 Goodyear #130
Irvine, California 92618
City Council 23 – 44 9/16/2025
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. 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.
City Council 23 – 45 9/16/2025
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:
Kyle Nellesen
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Rudy Rosas, P.E.
Acting Executive Director
Public Works Agency
Don Rhodes
President
e Nellesen
i tt Cit Att
Don Rhodes
Rodolfo
Rosas
Digitally signed by
Rodolfo Rosas
Date: 2025.08.28
16:58:04 -07'00'
City Council 23 – 46 9/16/2025
EXHIBIT A
City Council 23 – 47 9/16/2025
CITY OF SANTA ANA
A. INTRODUCTION AND BACKGROUND
The City of Santa Ana Public Works Agency – Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City’s water system has an average day demand of about 30 million gallons (MG) with 45,000 service connections. It is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones.
The City desires to retain a qualified Consultant to provide support services, maintenance, licensing, and onsite GIS professional staff to support the Water Resources Division’s infraMAP Software Application. The City’s Water Resources Division currently uses the infraMAP Software asset maintenance software to schedule work and emergencies in multiple departments which include, Engineering, Water Production, Water Quality, Water Maintenance, Sewer Maintenance, Meter Services, and others as needed. The selected vendor is intended to provide both onsite and offsite support services for the City. The Consultant shall be available on an on-call basis, 24 hours a day, seven days a week to provide support services, maintenance, licensing, and onsite GIS professionals to support the City’s infraMAP software application.
B. CONSULTANT RESPONSIBILITIES
The Consultant shall provide all labor, materials, services, and equipment necessary for the services described herein. The Consultant shall possess all Federal, State and Local permits, licenses, and approvals necessary to provide good/services required in the Scope of Work.
C. SCOPE OF SERVICES
The City is seeking qualified Consultants to provide GIS professional services which will involve maintaining both the infraMAP database and Esri database to ensure the two databases are in sync at all times. The selected vendor is intended to provide user licensing for the infraMAP software for 200 internal and external users. The Consultant shall provide onsite services of a minimum of 32 hours and a maximum of 40 hours per week for standard support. Additional onsite hours for training, asset verification, and department meetings, can amount to 50 hours per month above the required onsite time.
The onsite staff/personnel must have a minimum of 5 years Esri experience and have the skillset to work in Esri ARC PRO for 5 years. The onsite staff/personnel must have a minimum of ten years’ experience in the field providing map updates with high accuracy GPS products for map verifications for departments requesting the corrections. The GPS equipment must be provided by the Consultant.
Work by the Consultant may include operating portions of the Water system which will require CA Department of Health certified personnel. The lead on the project must currently hold a D-3 license and other key field staff shall hold a D-2 license. If work is required to the water system, the Consultant must hold the required CA State license with an A license preferred.
EXHIBIT I
SCOPE OF SERVICES
City Council 23 – 48 9/16/2025
EXHIBIT B
City Council 23 – 49 9/16/2025
Services Pro vices Pro vices Provided
It is our understanding that the desire of the City of Santa Ana is to implement/maintain a GIS Mapping and infraMAP® Application Support Services. Supporting multiple departments for Engineering, Water Production, Water Quality, Water Maintenance, Sewer Maintenance, Meter Services, and others as needed. Services can include a variety of support including troubleshooting, new software features, reporting conØguration, GIS edits (ArcGIS Pro) and database maintenance. infraMAP® user licensing for 200 internal and external users.
The Mapping and Application program will consist of the following:
infraMAP® Support
infraMAP® support services ensuring City users have access to software (licensing), maintenance and are fully trained on software application functionality.
GIS Support
GIS support services are essential for enabling the City of Santa Ana to leverage the full capabilities of GIS. iWater will dedicate an on-site team member at a minimum of 32 hours and a maximum of 40 hours per week. Additional onsite hours for training, asset veriØcation, and department meetings, can amount to 50 hours per month above the required on-site time. iWater Project Manager holds a current D3 DHS License. • infraMAP® features Øeld user friendly forms to display and input maintenance data. • Automatic software updates provided to City during off hours. • Provide new and existing users with software training. • Importing CCTV Videos and Reports from CCTV Contractor into infraMAP® once available. • ConØgure new and existing data for Asset Management, Compliance and Reporting. • Supports Real-Time data collection in the ofØce or out in the Øeld. • infraMAP® supports multiple photo, video and document attachments. • Access to User Guide Manuals for Field and Admin Level Users. • Daily on-site GIS Editing (ArcGIS Pro) from infraMAP® Redlines, As-Builts, Development Plans and CIP Projects.
Timely support to help City staff to overcome technical hurdles quickly, ensuring that GIS workÙows are efØcient and productive.
•
• Assisting with organizing, cleaning, integrating, and maintaining spatial data along with QA/QC processes. • Generating Map Exhibits based on City Staff project deØnition. • Dashboard and KPI Metrics.
4 City Council 23 – 50 9/16/2025
To provide exceptional customer service while
maintaining the highest level of software
capabilities. We focus on our customers' longterm success by meeting their current and future goals. We want to create a strong
relationship by establishing trust and loyalty
between staff members, partners, and
clients. Building a dynamic and friendly
environment that helps our staff members be
creative, innovative, and move mountains.
To be recognized as a leading software
company that strives to provide excellent
services to utilities and cities while
providing its employees with a work-life
balance.
MISSION
VISION
To p
mai
capa
term
futu
rela
betw
clien
envi
crea
software
de excellent
while
a work-life
MIS
Services Provided
Field Crew Support
iWater, Inc. will provide two man crews with CA Department of Health Water Distribution CertiØcates to support City of Santa Ana. All vehicles and equipment will be furnished by iWater for each speciØc project.
Security
• GPS Data Collection to be updated in GIS and infraMAP®. • Cross Connection hazard assessments and data collection. • Fire-Flow capacity testing.
• Valve and Hydrant Maintenance.
• Meter crew support.
• Supports Single Sign-On and Multi-Factor Authentication with Microsoft Entra (formally Azure Active Directory).
Built in form designer, so that new data Øelds/types and forms can be created or modiØed at any time by City Admin Users.
•
• infraMAP® is hosted on Microsoft Azure (USA) with 99.99% SLA, failover redundancy and disaster recovery built in. • Both a TEST and Production Environments will be provided as part of the support services contract. • Full logging of user proØle and data changes.
What assets do I have? Where are they? What are their conditions? How are they performing? 5 City Council 23 – 51 9/16/2025
EXHIBIT C
City Council 23 – 52 9/16/2025
&RVWSURSRVDO9DOLGIRU'D\V
City Council 23 – 53 9/16/2025
Public Works Agency
www.santa-ana.org/pw
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 16, 2025
TOPIC: Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects
AGENDA TITLE
Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 24-6604 and 26-6601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 24-6604) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 Competitive-Street Construction Revenue Account (No. 03217002-52332) and appropriate the same amount into the Measure M2 Competitive-Street Construction expenditure account (No. 03217663-66220). (Requires five affirmative votes)
2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 Competitive-Street Construction Revenue Account (No. 03217002-52332) and appropriate the same amount into the Measure M2 Competitive-Street Construction expenditure account (No. 03217663-66220). (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project (No. 26-6601) and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 24-6604).
City Council 24 – 1 9/16/2025
Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects September 16, 2025
4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project.
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A
COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO
RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE
SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
Background
The Federal Clean Water Act (CWA), passed in 1972, is the primary U.S. law regulating water pollution by setting standards for surface waters and requiring permits for pollutant discharges into them. Key components include the National Pollutant Discharge Elimination System (NPDES) for point source pollution from facilities. The CWA's goals include making U.S. waters "fishable" and "swimmable" and protecting wetlands. The California Water Resources Control Board sets additional rules and regulations to advance the goals of the CWA. Local agencies, including the City of Santa Ana, must comply with various regulations and implement projects to reduce and eliminate pollutants from reaching creeks, rivers, and wetlands.
The Orange County Transportation Authority (OCTA) Tier 1 and Tier 2 Environmental Cleanup Program helps fund projects that improve overall water quality in Orange County from transportation-generated pollution. Program funds are allocated on a countywide competitive basis to assist local agencies in meeting regulations for controlling transportation-generated pollution. This program is part of OCTA’s Measure M2 Comprehensive Transportation Funding Program.
The Tier 1 Grant Program is designed to mitigate the more visible form of pollutants, such as litter and debris, that collects on roadways and in storm drains prior to reaching waterways and the ocean. Tier 1 consists of funding for equipment purchases and upgrades to existing catch basins and related Best Management Practices (BMPs) such as screens, filters, inserts, and other street-scale, low-flow diversion projects. On May 21, 2024, City Council adopted a resolution authorizing an application for funds from the Tier 1 Grant Program for the 10th & Flower Stormwater Capture Project (Exhibit 1).
The Tier 2 Grant Program consists of funding regional, potentially multi-jurisdictional, capital-intensive projects. Examples include constructed wetlands, detention/infiltration basins, and bioswales, which mitigate pollutants including litter and debris, but also heavy metals, organic chemicals, sediment, and nutrients. On May 21, 2024, City City Council 24 – 2 9/16/2025
Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects September 16, 2025
Council adopted a resolution authorizing an application for funds from the Tier 2 Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project (Exhibit 2).
On November 1, 2024, OCTA notified the City of Santa Ana of their intent to award the City two grants under the Environmental Cleanup Program for Fiscal Year 2025/26 (Exhibit 3).
10th and Flower Park Stormwater Project
The Public Works Agency submitted a successful grant application for $600,000 of Tier 1 funding for the 10th and Flower Park Stormwater Capture Project (Exhibit 4). This project features an underground stormwater infiltration system and Bioretention Basins at the proposed park that will help improve water quality, capture trash, and reduce flooding on Flower Street and Civic Center Drive (Exhibit 5). These proposed stormwater quality improvements were envisioned and incorporated in the proposed park plans and the proposed natural landscape features will complement the recreational elements. The proposed park at the corner of 10th and Flower streets has also been awarded a grant from the State in the amount of $2.25M with a local match of $2.25M from Park Acquisition and Development funds. Together these funds will be used to construct the park and water quality improvements. Construction for the new park and stormwater improvements will be completed at the same time. Staff will return to Council in the future to award a construction contract for this work.
Santa Ana Zoo Stormwater Project
Staff has been developing a project to capture and treat stormwater runoff in the vicinity of the Santa Ana Zoo. Existing stormwater runoff from Santa Ana streets and the I-5 freeway drain into a City-owned storm drain located at Zoo Lane and Chestnut Ave. that outlets to the Upper Newport Bay wetlands. The proposed project would remove trash, debris, and other pollutants from the stormwater and infiltrate the stormwater into the ground. This project is being developed in close coordination with the Santa Ana Zoo and features the construction of a new 0.25-acre passive pocket park in the west end of the Zoo’s main parking lot, as well as 24 pervious parking stalls in the Zoo’s overflow parking lot. This project provides several benefits to the City and community, including assisting with NPDES Permit compliance, improving water quality, enhancing local water supplies, reducing flooding, providing new recreational opportunities for the community, and new paving, signage, and striping in the Zoo parking lots (Exhibit 6).
The proposed project will be closely coordinated with Zoo staff and construction will be phased in a manner to minimize impacts to the Zoo. These improvements are in conformance with the adopted Zoo Master Plan (Exhibit 7). Staff submitted a successful grant application for $2,500,000 of Tier 2 funding from OCTA for the Santa Ana Zoo Stormwater Capture and Diversion Project (Exhibit 8).
Additionally, because existing stormwater runoff from the I-5 freeway flows through City street to the project location and will be captured and treated by the project, staff engaged Caltrans to contribute additional funding for the proposed Zoo stormwater City Council 24 – 3 9/16/2025
Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects September 16, 2025
project. Staff successfully negotiated with Caltrans and they have agreed to contribute an additional $3,700,000 towards the construction of the Zoo stormwater project to mitigate pollution generated from the freeway that currently flows through City streets.
The proposed resolution authorizes staff to enter into a Cooperative Implementation Agreement with Caltrans to receive funding, on a reimbursement basis, and assures the commitment to regulatory stormwater obligations and support of a regional solution that benefits the City through stormwater capture and trash reduction (Exhibit 9). Ongoing routine maintenance costs for the stormwater infrastructure, once completed, will be paid through the City’s Stormwater Program.
The proposed Santa Ana Zoo Stormwater Capture and Diversion Project has also previously been awarded a State Proposition 1 Integrated Regional Water Management (IRWM) grant in the amount of $2,603,525 for design and construction phases. The $2,500,000 of OCTA Tier 2 funding and $3,700,000 of Caltrans funding will be used solely for the construction phase of the project. Together, these three funding sources will be used to construct the stormwater and related improvements at the Zoo. Staff will return to Council in the future to award a construction contract for this work.
Approval of the recommended actions will recognize the awarded OCTA funds, amend the fiscal year 2025/26 Capital Improvement Program to include these new funds, authorize the City to enter into the Caltrans Cooperative Implementation Agreement, and allow staff to proceed to implement the proposed projects. If approved, staff will finalize the construction bid documents for both projects, initiate the bid phase, and return to Council for award of construction contracts. A tentative schedule for project completion is provided below:
Milestone Date
OCTA Grant Appropriation Adjustment and
Caltrans Resolution September 16, 2025
Caltrans Cooperative Implementation
Agreement (CIA) October 2025
Award Construction Contract December 2025
Project Construction March 2026 – March 2027
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
With approval of the requested appropriation adjustments, the funds will be budgeted and available for this item in the accounts below. Once the Caltrans Cooperative Implementation Agreement is executed and bids are received for construction of the project, staff will return to Council to authorize the appropriation adjustment to add City Council 24 – 4 9/16/2025
Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects September 16, 2025
$3,700,000 of Caltrans funding to the Santa Ana Zoo Stormwater Capture and Diversion Project with the award of the construction contract.
Fiscal
Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit,
Account No.
Description
Amount
Appropriation Adjustments
2025-26 03217663-66220
(26-6601)
Measure MStreet
Construction
Measure M2 Competitive
Street, Improvements
Other Than Buildings
$600,000
2025-26 03217663-66220
(24-6604)
Measure MStreet
Construction
Measure M2 Competitive
Street, Improvements
Other Than Buildings
$2,500,000
Total $3,100,000
EXHIBIT(S)
1. Resolution 2024-016
2. Resolution 2024-017
3. OCTA M2 CTFP Master Funding Agreement No. 22
4. 10th and Flower Stormwater Capture Project FY 2025-26 Capital Improvement Project Worksheet
5. 10th and Flower Park Project Exhibit
6. Santa Ana Zoo Stormwater Capture and Diversion Project Exhibit
7. Zoo Master Plan Exhibit
8. Santa Ana Zoo Stormwater Capture and Diversion Project FY 2025-26 Capital Improvement Project Worksheet
9. Resolution Authorizing Caltrans Cooperative Implementation Agreement Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 24 – 5 9/16/2025
RESOLUTION NO. 2024-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING AN APPLICATION FOR
FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1
GRANT PROGRAM UNDER ORANGE COUNTY LOCAL
TRANSPORTATION ORDINANCE NO. 3 FOR THE 10T" &
FLOWER STORMWATER CAPTURE PROJECT
WHEREAS, Orange County Local Transportation Ordinance No. 3, dated July 24, 2006, and is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation -generated pollution (urban runoff) and improve overall water quality; and WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases and installation to catch basins with Best Management Practices, such as screen, filters, inserts, and other "street -scale" low flow diversion projects; and WHEREAS, Orange County Transportation Authority (" OCTA") has established the procedures and criteria for reviewing proposals; and WHEREAS, the City of Santa Ana possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and
WHEREAS, by formal action the City of Santa Ana authorizes the nomination of the 10th & Flower Stormwater Capture Project, including all understanding and assurances contained therein, and authorizes the City Manager, or their designee, to act in connection with the nomination and to provide such additional information as may be required; and
WHEREAS, the City of Santa Ana will maintain and operate the equipment acquired and installed; and
WHEREAS, the City of Santa Ana will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and
WHEREAS, the City of Santa Ana will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and that the project will be carried to completion with reasonable diligence; and Resolution No. 2024- 016
City Council 24 – 6 9/16/2025 Page 1 of 3
WHEREAS, the City of Santa Ana will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and
WHEREAS, the City of Santa Ana must include all projects funded by Net Revenues in the seven- year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirements; and
WHEREAS, the City of Santa Ana authorizes a formal amendment to the sevenyear Capital Improvement Program to add projects approved for funding upon approval form the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of Santa Ana will provide a minimum of 20% in matching funds for the loth & Flower Stormwater Capture Project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The City of Santa Ana hereby authorizes the City Manager, or their designee, as the official representative of the City of Santa Ana to accept funds for the Environmental Cleanup, Tier 1 Grant Program for the 10th & Flower Stormwater Capture Project.
Section 2. The City Council of the City of Santa Ana agrees to fund its share of the project costs and any additional costs over the identified programmed amount.
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.
ADOPTED this 215t day of May. 2024.
Resolution No. 2024-016
City Council 24 – 7 9/16/2025
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: i QM/ l J
i
Brandon Salvatierra
t Deputy City Attorney
YES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza, Phan, Vazquez (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024- 016 to be the original resolution adopted by the City Council of the City of Santa Ana on Mav 21, 2024.
Date: r l
ennifer L. II
City Clerk
o anta
Resolution No. 2024-016
City Council Page 3 of 3 24 – 8 9/16/2025
RESOLUTION NO. 2024-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING AN APPLICATION FOR
FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 2
GRANT PROGRAM UNDER ORANGE COUNTY LOCAL
TRANSPORTATION ORDINANCE NO. 3 FOR THE SANTA
ANA ZOO STORMWATER CAPTURE AND DIVERSION
PROJECT
WHEREAS, Orange County Local Transportation Ordinance No. 3, dated July 24, 2006, and is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation -generated pollution ( urban runoff) and improve overall water quality; and WHEREAS, the Environmental Cleanup, Tier 2 Grant Program consists of funding regional, potentially multi -jurisdictional, capital -intensive projects, such as constructed wetlands, detention/ infiltration basins and bioswales, which mitigate pollutants including litter and debris, heavy metals, organic chemicals, sediment, and nutrients; and
WHEREAS, Orange County Transportation Authority (" OCTA") has established the procedures and criteria for reviewing proposals; and WHEREAS, the City of Santa Ana possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and
WHEREAS, by formal action the City of Santa Ana authorizes the nomination of the Santa Ana Zoo Stormwater Capture and Diversion Project, including all understanding and assurances contained therein, and authorizes the City Manager, or their designee, to act in connection with the nomination and to provide such additional information as may be required; and
WHEREAS, the City of Santa Ana will maintain and operate the equipment acquired and installed; and
WHEREAS, the City of Santa Ana will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 2 Grant Project; and
Resolution No. 2024-017 City Council Page 1 of 3
24 – 9 9/16/2025
WHEREAS, the City of Santa Ana will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and that the project will be carried to completion with reasonable diligence; and WHEREAS, the City of Santa Ana will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and
WHEREAS, the City of Santa Ana must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirements; and
WHEREAS, the City of Santa Ana authorizes a formal amendment to the sevenyear Capital Improvement Program to add projects approved for funding upon approval form the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of Santa Ana will provide a minimum of 50% in matching funds for the Santa Ana Zoo Stormwater Capture and Diversion Project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The City of Santa Ana hereby authorizes the City Manager, or their designee, as the official representative of the City of Santa Ana to accept funds for the Environmental Cleanup, Tier 2 Grant Program for the Santa Ana Zoo Stormwater Capture and Diversion Project.
Section 2. The City of Santa Ana agrees to fund its share of the project costs and any additional costs over the grant funding.
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.
ADOPTED this 215t day of May. 2024.
Resolution No. 2024-017
City Council 24 – 10 9/16/2025
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: 9 ASV & k . vwe!-YUi.
Brandon Salvatierra
Deputy City Attorney
YES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez
Penaloza, Phan, Vazquez (7)
NOES: Councilmembers None ( 0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None ( 0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-017 to be the original resolution adopted by the City Council of the City of Santa Ana on May 21, 2024.
Date: 01tyof al
a
Resolution No. 2024-017 City Council Page 3 of 3
24 – 11 9/16/2025
City Council 24 – 12 9/16/2025
City Council 24 – 13 9/16/2025
City Council 24 – 14 9/16/2025
City Council 24 – 15 9/16/2025
City Council 24 – 16 9/16/2025
City Council 24 – 17 9/16/2025
City Council 24 – 18 9/16/2025
City Council 24 – 19 9/16/2025
CITY OF SANTA ANA FY 25/26CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
The project features the installation of a subsurface stormwater infiltration system, catch basin inlets, pre-treatment devices, and Bioretention Basins at the new park at 10th St & Flower St.
PROJECT NEED:
Stormwater infiltration provides multiple benefits, including improving water quality, enhancing local water supplies, and reducing flooding.
PROJECT TITLE:
10th and Flower Stormwater Capture
PROJECT CATEGORY:
Utility/Drainage/Lighting
Improvements
Storm Drain/Water Quality
LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:
Public Works Construction Engineering Craig Foster, NPDES Manager 1-July-2025 PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 600,000 - - - - - -
TOTAL 600,000 - - - - - -
SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 MEASURE M2 COMPETITIVE 600,000 - - - - - -
TOTAL 600,000 - - - - - -
City Council 24 – 20 9/16/2025
10TH & FLOWER PARK - CITY OF SANTA ANA
ILLUSTRATIVE SITE PLAN December 2024
Site Furniture, Typ.
Lawn Area, Typ.
Fitness Area w/ Shade Structure
Playground w/ Shade Structure
Basketball Court
Group Gathering Area
Skate Park
10th Street
North Flower Street
Existing Residential Lot
Park Entry
Park Entry
Pedestrian Walk, Typ.
Site Landscape, Typ.
Site Lighting, Typ.
0’ 8’ 16’ 32’
SCALE: 1/16” = 1’-0”
Project Entry
City Council 24 – 21 9/16/2025
0 15 30
NORTH
60 PROJECT NO. 24-6604: SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT August 11, 2025
Illustrative Plan
E. Main Street
Zoo Lane
Dry creek bed w/
drought tolerant
landscaping (Typ)
Bridge
New zoo monument sign
Vegetated
swale w/
drywells
Exisiting parking lot
with new asphalt
pavement and striping
Santa Ana Zoo
New entrance/gate to
overflow parking lot
Zoo Overflow Parking Lot
New pervious paver
parking stalls
New pervious
paver parking
stalls
New 0.25-acre pocket
park (stormwater detention
system underneath)
Lights (Typ)
Stormwater
drywells (Typ)
City Council 24 – 22 9/16/2025
SITE PLAN LEGEND
Visitor Amenity
Exhibit Building
Admin / Support
Habitat Space
Holding
Off-Exhibit Yard
Ponds / pools
Shrubs
Tree
Rocks
Buffer Vegetation
Visitor Path
Service Path
ILLUSTRATIVE PLAN
*Addtional Level 2 Administration Area= 11,480 SF. Total gross area is 13,620 SF greater than existing.
SANTA ANA ZOO SATELLITE IMAGE
LAND USE CALCS
TOTAL SANTA ANA ZOO AREA 791,000 SF / 18 ac+/-
Animal Exhibits 131,200 SF 16.59%
Visitor Buildings & Amenities 23,300 SF 2.95%
Exhibit Buildings 7,300 SF 0.92%
Animal Mgmt Facilities & Yards 27,600 SF 3.49%
Admin/Support Facilities* 20,600 SF 2.60%
Visitor Parking (336 spaces total) 207,100 SF 26.18%
Buffer Landscape, Paving, Misc. 373,900 SF 47.27%
0’ 70’ 280’ 140’
N
FEBR
UARY 2018 FACILITIE
S MA
S TER PLAN
7 Zoo Entrance
Event Lawn
ITT/Canon
Amphitheater
Crean Family
Farm
Tierra de las
Pampas
Maintenance
& Operations
Forest
Station
Forest
Zone
Riverine
Zone
Vet Hospital Colors of the
Amazon Aviary
Giant
Anteater
Chestnut Avenue
Elk Lane
I-5
Freeway
E. First Street
Amazon’s
Edge
Visitor Parking
City Council 24 – 23 9/16/2025
CITY OF SANTA ANA FY 25/26CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
The project features the installation of subsurface stormwater infiltration systems at the Santa Ana Zoo to capture and infiltrate approximately 67 acre-feet per year of stormwater and dry-weather runoff. The project will also include a new urban green space, bioswales, pervious pavement, seating, drought-tolerant landscaping and shade trees, and interpretive signage.
PROJECT NEED:
Stormwater infiltration provides multiple benefits, including improving water quality, enhancing local water supplies, and reducing flooding.
The project will also feature a new urban green space in the zoo parking lot, which will provide recreational benefits to the surrounding community.
PROJECT TITLE:
Santa Ana Zoo Stormwater Capture
and Diversion Project
PROJECT CATEGORY:
Utility/Drainage/Lighting
Improvements
Park Facility
LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:
Public Works Construction Engineering Craig Foster, NPDES Manager 1-July-2025 PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 2,500,000 - - - - - -
Engineering - - - - - - -
Planning - - - - - - -
TOTAL 2,500,000 - - - - - -
SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 MEASURE M2 COMPETITIVE 2,500,000 - - - - - -
Prop 1 IRWM Grant - - - - - - -
TOTAL 2,500,000 - - - - - -
City Council 24 – 24 9/16/2025
Resolution No. 2025-XXX
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A
COOPERATIVE IMPLEMENTATION AGREEMENT WITH
CALTRANS TO RECEIVE STORMWATER
REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA
ANA ZOO STORMWATER CAPTURE AND DIVERSION
PROJECT
WHEREAS, the City of Santa Ana (City) has adopted and implemented the Project identified as the Santa Ana Zoo Stormwater Capture and Diversion Project (Project).
WHEREAS, the State Water Resources Control Board issued the Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Trash Provisions), which applies to both the City and the California Department of Transportation (Caltrans) as municipal separate storm sewer system (MS4) permittees.
WHEREAS, the City and Caltrans are required to comply with the Trash Provisions by installing, operating, and maintaining full capture systems (or full capture system equivalency) for storm drains that capture runoff from significant trash generating areas or regulated priority land use areas.
WHEREAS, the City and Caltrans are required to comply with Total Maximum Daily Load (TMDL) waste load allocations in their respective NPDES permits in the Newport Bay watershed.
WHEREAS, the City’s Project will capture and infiltrate runoff via dry wells and control trash via a State Water Board certified gross solid removal device from the contributing drainage basin area.
WHEREAS, Caltrans owns property within the total contributing drainage basin area, and through hydraulic connectivity, receives compliance generation for multipollutant treatment removal attributed to Caltrans stormwater conveyed to the Project.
WHEREAS, Caltrans and the City, pursuant to California Streets and Highways Code (SHC) Sections 114 and 130, will enter into a Cooperative Agreement for improvements to the State Highway System (SHS) as a watershed stakeholder within the City’s jurisdiction.
WHEREAS, now Caltrans has agreed to contribute an amount not to exceed $3,700,000 Dollars in reimbursement funds to the City to construct the Project, within the regional area under the jurisdiction of the City to comply with the Trash Provisions and Total Maximum Daily Loads (TMDL).
City Council 24 – 25 9/16/2025
Resolution No. 2025-XXX
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The City of Santa Ana is hereby authorized to enter into a Cooperative Implementation Agreement with Caltrans to receive stormwater reimbursement funds from Caltrans to construct the Santa Ana Zoo Stormwater Capture and Diversion Project.
Section 2. Appoints the Executive Director of the Public Works Agency, or designee, as agent to conduct all negotiations, execute and submit all documents, including but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Project.
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.
ADOPTED this _____ day of August, 2025.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_____________________
Kyle Nellesen
Assistant City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 24 – 26 9/16/2025
Resolution No. 2025-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-____ to be the original resolution adopted by the City Council of the City of Santa Ana on August, ___, 2025.
Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council 24 – 27 9/16/2025
Planning and Building Agency
www.santa-ana.org/pb
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 16, 2025
TOPIC: Group Home Ordinance – Second Reading
AGENDA TITLE
Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025.
RECOMMENDED ACTIONS
1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions.
ORDINANCE NO. NS-3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA
ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE
DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE
DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301
2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines.
GOVERNMENT CODE §84308 APPLIES: No
City Council 25 – 1 9/16/2025
ZOA No. 2025-01 and OA No. 2025-01 (Group Home Ordinance) September 16, 2025
DISCUSSION
At the August 19, 2025 meeting, the City Council conducted a first reading of an ordinance, Zoning Ordinance Amendment No. 2025-01, amending several sections of Chapter 41 (Zoning) and Ordinance Amendment No. 2025-01, to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. The ordinance, approved 7:0, requires a second reading and adoption to become effective October 16, 2025.
No changes to the ordinance were made by the City Council. A copy of the ordinance for second reading is attached to this report as Exhibit 1.
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 amendments provide definitions and standards to regulate the location, operation, and licensing of group homes and do not authorize new development or changes in density or intensity of land use. Moreover, the Project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. This 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 merely establishes administrative and land use oversight procedures for group homes already operating or proposed within existing residential structures, and will not expand the existing use. None of the exceptions to the use of categorical exemptions identified in CEQA Guidelines Section 15300.2 apply to the Class 1 exemptions or this ordinance. Specifically, the Project will not result in cumulative impacts, will not affect any scenic or historic resources, and will not involve unusual circumstances leading to a significant impact. Therefore, a Notice of Exemption, Environmental Review No. 2025-43, will be filed for the Project.
FISCAL IMPACT
The proposed ordinance has a net neutral fiscal impact, as the passage of the ordinance would generate fiscal impacts to the City in the form of additional expenditures offset by new revenues. Based on best available data for the 74 existing known and suspected residential care and group home facilities, staff estimates one-time permit revenues of approximately $358,000 and approximately $17,000 in total annual permit revenues thereafter. Such revenues recover the City’s costs associated with equipment, materials, and personnel already budgeted. Therefore, an appropriation adjustment is not required.
City Council 25 – 2 9/16/2025
ZOA No. 2025-01 and OA No. 2025-01 (Group Home Ordinance) September 16, 2025
EXHIBIT
1. Ordinance for Second Reading
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
City Council 25 – 3 9/16/2025
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXXX
ZONING ORDINANCE AMENDMENT NO. 2025-01 AND
ORDINANCE AMENDMENT NO. 2025-01– AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND
CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE
SANTA ANA MUNICIPAL CODE RELATING TO GROUP
HOMES AND LAND USE DEFINITIONS, REGULATING
SUCH USES FOR THE BENEFIT OF THE DISABLED AND
FINDING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3),
15061(C)(2), 15060(C)(3), AND/OR 15301(C)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. Under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the residential character of residential neighborhoods, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, “It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled” (Berman v. Parker (1954) 348 U.S. 26, 33).
B. Courts have held that cities have the right to regulate both the number of people who may reside in a residence and the manner in which the residence is used as long as such regulations do not unfairly discriminate or impair an individual’s rights of privacy and association (see, e.g., City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123, 131–34; Ewing v. City of Carmel-By-The-Sea (1991) 234 Cal.App.3d 1579, 1595–98).
C. The Federal Fair Housing Act Amendments of 1988 (“FHAA”) and the California Fair Employment Housing Act (“FEHA”) prohibit enforcement of zoning ordinances that would on their face or otherwise have the effect of discriminating against equal housing opportunities for the disabled.
D. A core purpose of the FHAA, FEHA, and California’s Lanterman Developmental Disabilities Services Act (“Lanterman Act”) is to provide a broader range of housing opportunities to the disabled; to free the disabled, to the extent possible, from institutional style living; and to ensure that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled.
City Council 25 – 4 9/16/2025
Ordinance No. NS-XXX
E. To fulfill this core purpose, the FHAA and FEHA require that the City grant an exception to its zoning ordinances if the exception is both reasonable and necessary to accommodate a person’s legal disability to afford the disabled person an equal opportunity to use and enjoy a dwelling.
F. Several state laws require the City to treat state licensed residential care facilities serving six or fewer as a residential use, such that it is permitted in residential zoning districts (see, e.g., Health and Safety Code, §§ 1267.8, 1566.3, 1568.0831, and 11834.23). A report conducted by the 2022–2023 Grand Jury for the County of Orange found that the resulting deinstitutionalization of group living arrangements for the disabled has had a positive effect upon the disabled.1 G. The City’s goal in enacting this Ordinance is to preserve the residential characteristics of residential neighborhoods, and to provide opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled.
H. Over the past several years the region has seen a significant increase in the number of residential homes being utilized as alcohol and drug recovery facilities for large numbers of individuals (“sober-living homes”).
I. The increase appears to be driven in part by the Substance Abuse and Crime Prevention Act of 2000 adopted by California voters, which provides that specified first-time drug and alcohol offenders are to be afforded the opportunity to receive substance abuse treatment rather than incarceration.
J. The Affordable Care Act has also significantly expanded the availability of health care coverage for substance abuse treatment.
K. The region has seen a sharp increase of sober-living homes, which has generated community outcry and complaints including, but not limited to overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of soberliving facilities in close proximity to each other creating neighborhoods of soberliving homes (see Ohio House LLC v. City of Costa Mesa (9th Cir. 2024) 122 F.4th 1097, 1127).
L. This increase in sober-living homes has become a rising concern for cities statewide as local officials are in some cases being bombarded with complaints from residents about the proliferation of sober-living homes; conferences drawing local officials from around the state are being held discussing what to do about challenges associated with sober-living homes; and the appropriate regulation of sober-living homes has been the topic of several League of California Cities meetings.
1 “Welcome to the Neighborhood: Are cities responsibly managing the integration of group homes?”, County of Orange Grand Jury Investigation, 2022-2023,
https://www.ocgrandjury.org/sites/jury/files/2023-06/Welcome_to_the_NeighborhoodAre_cities_responsibly_managing_the_integration_of_group_homes.pdf.” City Council 25 – 5 9/16/2025
Ordinance No. NS-XXX
M. The state Legislature has recognized the need to prevent overconcentration of residential facilities that impairs the integrity of residential neighborhoods and leads to the institutionalization of such neighborhoods, which undermines the benefits of deinstitutionalization (Cal. Health & Saf. Code §§ 1520.5 & 1267.9). To that end, state law allows applications for new residential facility licenses to be denied if the facility’s location is near an existing residential facility, thereby resulting in overconcentration.
N. Overconcentration of other group homes for the disabled, including sober-living homes, impairs the integrity of residential neighborhoods and undermines the benefits of deinstitutionalization. The number of sober-living homes in the region is rapidly increasing, leading to an overconcentration of sober-living homes in many cities.
O. The purpose of sober-living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the neighborhood of their choice.
P. Individuals recovering from alcoholism and drug addiction, who are not currently using alcohol or drugs, are considered disabled under both the FHAA and FEHA.
Q. This Ordinance and the balance of the City’s zoning provide a benefit to group homes by allowing these facilities to locate in residential neighborhoods, whereas a similarly situated and functioning home with non-disabled tenants would be defined as a boarding house and continue to be prohibited in all zoning districts.
R. Group homes (including sober-living homes) typically do not function as a single housekeeping unit for the following reasons: (1) they house transient populations (programs are generally about 90 days and, a 2005 UCLA study found that 65–70 percent of individuals recovering from addiction leave even earlier); (2) the residents generally have no established ties to each other when they move in and typically do not mingle with other neighbors; (3) neighbors generally do not know those who reside in the home, nor do the residents know the neighbors; (4) the residents have little to no say about who lives or doesn’t live in the home; (5) the residents do not generally share expenses; (6) the residents are often responsible for their own food, laundry and phone; (7) when residents disobey house rules they are often evicted from the house; (8) the residents generally do not share the same acquaintances; and (9) residents often pay significantly above-market rate rents.
The lack of single-housekeeping-unit characteristics contributes to institutional living conditions.
S. The size and makeup of the households in group homes, even those allowed as a matter of right under the Code, can create institutional living conditions because they tend to be larger than average single housekeeping units, creating impacts on water, sewer, roads, parking and other City services that are far greater than the average household, in that the average number of persons per California household is 2.86. A sober-living facility allowed as a matter of right can house six City Council 25 – 6 9/16/2025
Ordinance No. NS-XXX
residents plus a resident manager, which is more than twice the average California household size.
T. All individuals residing in a sober-living facility are generally over the age of 18, while the average household in the United States has just 1.96 individuals over the age of 18 according to federal census data.
U. Because of their transient populations and above-average numbers of adults residing in a single home, group homes (including sober-living facilities) present impacts to residential neighborhoods not typically associated with more traditional single-family uses, which contributes to the institutionalization of residential neighborhoods and residential care environments, which in turn reduces the benefits of residential environments for disabled residents in group living arrangements. These impacts include: the housing of large numbers of unrelated adult who may or may not be supervised; excessive noise and outdoor smoking, which interferes with the use and enjoyment of residential neighborhoods; little to no interaction with the neighborhood; irresponsible operators with a history of opening facilities in complete disregard of the Code and with little regard for impacts to the residential environment; disproportional impacts from the average dwelling unit to nearly all City services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area.
V. Among other things, this Ordinance establishes a 650-foot distance requirement between group homes, which provides many opportunities for the operation of group homes within the City and still results in preferential treatment for group homes that serve disabled individuals as compared to group homes serving nondisabled individuals in a similar living situation (i.e., in boarding house-style residences) which cannot operate in residential zones.
W. Housing inordinately large numbers of unrelated adults in a single-residence or congregating group homes in close proximity to each other does not provide the disabled with an opportunity to “live in normal residential surroundings,” but rather subjects them to living environments that resemble the types of institutional living that the FEHA and FHAA were designed to provide relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding.
X. Notwithstanding the above, the City Council recognizes that, when operated responsibly, group homes (including sober-living homes) provide a societal benefit by providing the disabled the opportunity to live in residential neighborhoods, as well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions. Providing greater access to residential zones to group homes, including sober-living homes, than to boarding houses provides a benefit to the City and its residents.
Y. Without sufficient, appropriate regulation, there is no way to ensure that the individuals entering into a group home are disabled individuals and entitled to the protections under local and state law; that a group home is operated professionally City Council 25 – 7 9/16/2025
Ordinance No. NS-XXX
to minimize impacts to the character of residential neighborhoods; and that the secondary impacts which cause the institutionalization of group homes due to concentration of both group homes in a neighborhood and large numbers of unrelated adults residing in a single facility in a single home are lessened.
Z. In addition to group homes locating in residential neighborhoods, other statelicensed residential care facilities are also taking up residence in residential neighborhoods.
AA. The purpose of group homes for the disabled is to provide the disabled an equal opportunity to comfortably reside in residential neighborhoods of their choice.
BB. ZOA No. 2025-01 and OA No. 2025-01 are consistent with various goals and policies of the General Plan. Specifically, these actions are consistent with Housing Element (HE) Goal 2 (a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana’s residents and workforce of all household types, income levels, and age groups to foster an inclusive community), Policy HE-2.5 (diverse housing types), HE Goal 4 (adequate rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people experiencing homelessness), Policies HE-4.3 and HE-4.7 (provide housing for disabled people to live independent lives and provide regulatory oversight), Community Element (CE) Policy CM-3.2 (support the creation of healthy neighborhoods), Land Use Element (LU) Policy LU-1.1 (foster compatibility between land uses to enhance livability and promote healthy lifestyles), Policy LU-4.6 (support diverse housing types that promote a healthy environment), and Policy LU-4.7 (promote mixed housing types to create inclusive communities).
CC. On June 23, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning ZOA No. 2025-01, at which time the Planning Commission recommended that the City Council adopt the proposed ordinance, with the exception of Section 28, which amends Chapter 8 of the SAMC and is not within the purview of the Planning Commission.
DD. On August 19, 2025, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance.
Section 2. 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 amendments provide definitions and standards to regulate the location, operation, and licensing of group homes and do not authorize new development or changes in density or intensity of land use. Moreover, the Project is categorically exempt from further review per Section 15301 City Council 25 – 8 9/16/2025
Ordinance No. NS-XXX
(Class 1 – Existing Facilities) of the CEQA Guidelines. This 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 merely establishes administrative and land use oversight procedures for group homes already operating or proposed within existing residential structures, and will not expand the existing use. None of the exceptions to the use of categorical exemptions identified in CEQA Guidelines Section 15300.2 apply to the Class 1 exemptions or this ordinance.
Specifically, the Project will not result in cumulative impacts, will not affect any scenic or historic resources, and will not involve unusual circumstances leading to a significant impact.
Section 3. Section 41-27.3 (Boarding House) of Chapter 41 of the SAMC is hereby added to read as follow:
Sec. 41-27.3. – Boarding house.
Boarding house means a residence or dwelling, other than a hotel or motel, wherein rooms are rented under multiple separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Boarding houses do not include: (1) group homes; (2) residential care facilities; (3) sober-living homes; (4) transitional or supportive housing; or (5) single housekeeping units.
Section 4. Section 41-41.5 (Care Home) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-41.5. – Reserved.
Section 5. Section 41-49 (Disabled) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-49. – Disabled.
Disabled means, as is more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. For the purposes of this Chapter, handicapped shall mean the same as disabled.
Section 6. Section 41-66.5 (Group home) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-66.5. – Group home.
A facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, City Council 25 – 9 9/16/2025
Ordinance No. NS-XXX
whether the facility occupies one or more dwelling units. Group homes shall not include residential care facilities and any dwelling that operates as a single housekeeping unit.
Section 7. Section 41-77 (Hotel / Motel) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41 – 77. – Hotel/motel.
A hotel/motel is any building, or portion of a building that is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such hotel/motel shall contain more than five (5) guest rooms. A hotel/motel that contains a kitchen (as defined in Section 310.7(3) of the California Building Code) in guest rooms shall be deemed to be a long-term stay business hotel. A hotel/motel that meets the criteria of Section 41-139 of this Code shall be deemed to be a transient/residential hotel.
Section 8. Section 41-78 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-78. – Household.
Household means all the individuals occupying a dwelling unit, and includes people who live in different units governed by the same operator, but does not include a single housekeeping unit.
Section 9. Section 41-78.5 (House manager) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-78.5. – House manager.
The person, or group of persons, that is present at a group home, as defined in this Chapter, on a 24-hour basis and is responsible for the day-to-day operation of the group home. The house manager may be the operator, or a duly authorized representative of the operator.
Section 10. Section 41-83.2 (Integral Group Home Facility) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-83.2. – Integral group home facilities.
Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by City Council 25 – 10 9/16/2025
Ordinance No. NS-XXX
assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.
Section 11. Section 41-103 (Lodging House) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-103. – Reserved.
Section 12. Section 41-143.5 (Residential Care Facility) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-143.5. – Residential care facility.
Residential care facility means a residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but are not limited to, the following: An intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled-nursing, as defined by California Health and Safety Code Section 1250; a congregate living health facility, as defined by California Health and Safety Code Section 1250; a community care facility, as defined by California Health and Safety Code Section 1502; a residential care facility for the elderly, as defined by California Health and Safety Code Section 1569.2; a residential care facility for persons with chronic life-threatening illness, as defined by California Health and Safety Code Section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code Section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code Section 1760.2; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code Section 5116.
Section 13. Section 41-145 (Rooming House) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-145. – Reserved.
Section 14. Section 41-152.5 (Single Housekeeping Unit) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-152.5. – Single housekeeping unit.
Single housekeeping unit means that residents of the dwelling unit have established ties and familiarity and interact with each other and whose use of the dwelling unit satisfies each of the following criteria:
(1) If the dwelling unit is rented, each adult resident is named on and is a party to a single written lease that gives each resident joint use and responsibility for the premises.
(2) Residents generally do not have separate entrances or separate secured foodstorage facilities such as cabinets or refrigerators.
City Council 25 – 11 9/16/2025
Ordinance No. NS-XXX
(3) The residential activities of the household are conducted on a nonprofit basis. (4) The household is strictly resident-run; there is no care or supervision provided by a third-party or a paid resident manager at the dwelling unit or on the property. (5) Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary.
(6) All adult residents have chosen to jointly occupy the entire premises of the dwelling unit and they each have access to all common areas.
(7) Membership of the household is determined by the residents not by a landlord, property manager or other third party.
Section 15. Section 41-152.7 (Sober-living home) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-152.7 – Sober-living home.
Sober-living home means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law.
Sober-living home shall not include residential care facilities and sober-living homes that operate as a single housekeeping unit.
Section 16. Section 41-247.5 (Uses subject to a conditional use permit in the R2 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-247.5 – Uses subject to a conditional use permit in the R2 district.
The following uses may be permitted in the R2 district subject to the issuance of a conditional use permit:
(a) Any use which may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5 may likewise be permitted in the R2 district subject to a conditional use permit. (b) Residential care facilities (seven or more occupants), which previously were permitted as care homes pursuant to a validly issued conditional use permit and subsequently lost the permitted use pursuant to the provisions of this Code.
Section 17. Section 41-259.5 (Uses subject to a conditional use permit in the R3 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-259.5. – Uses subject to a conditional use permit in the R3 district.
The following uses may be permitted in the R3 district subject to the issuance of a conditional use permit:
(a) Any use which may be permitted in the R2 district subject to the issuance of a conditional use permit pursuant to Section 41-247.5.
City Council 25 – 12 9/16/2025
Ordinance No. NS-XXX
(b) Fraternity houses, residential care facilities (seven or more occupants), and sorority houses.
(c) Sanitariums and hospitals.
Section 18. Section 41-292.5 (Uses subject to a conditional use permit in the R4 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-292.5. – Uses subject to a conditional use permit in the R4 district.
The following uses may be permitted in the R4 district subject to the issuance of a conditional use permit:
(a) Any use that may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5.
(b) Residential care facilities (seven or more occupants).
Section 19. Section 41-365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-365.5. – Uses subject to a conditional use permit in the C1 district.
The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit:
a. Clubs.
b. Outdoor and indoor recreational or entertainment uses other than those set forth in Section 41-365.
c. Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.
d. Thrift shops, purchase and loan, pawn shops.
e. Eating establishments with drive-through window service. f. 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. g. Laundromats, subject to the development and performance standards set forth in Section 41-199.
h. 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.
City Council 25 – 13 9/16/2025
Ordinance No. NS-XXX
i. Check cashing facilities, as defined by Section 41-42.7. j. Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.
k. Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.
l. Adult day care facilities.
m. Superstores.
n. Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in Section 41-199.3.
o. Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.
Section 20. Section 41-412.5 (Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-412.5. – Uses subject to a conditional use permit in the C4 district.
The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit:
(a) Hotels, motels, 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 development 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.
City Council 25 – 14 9/16/2025
Ordinance No. NS-XXX
(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 permitted in the C5 district subject to the issuance of a conditional use permit:
(a) Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.
(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.
City Council 25 – 15 9/16/2025
Ordinance No. NS-XXX
(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 facilities, 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.
The following uses may be permitted in the CR district subject to the issuance of a conditional use permit:
(a) Hotels, motels, 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 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.
(f) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.
City Council 25 – 16 9/16/2025
Ordinance No. NS-XXX
(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 CSM 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 entertainment uses including night clubs, other than those set forth in Section 41-521 of this chapter. (c) Hotels, motels fraternity houses, residential care facilities (seven or more occupants), and sorority houses.
(d) Thrift and resale 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.
(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:
City Council 25 – 17 9/16/2025
Ordinance No. NS-XXX
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, limitations, 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 the 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 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.
Section 25. Section 41-1323 (Care Homes) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1323. - Residential care facilities.
The minimum off-street parking requirements for 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. - Reserved.
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 City Council 25 – 18 9/16/2025
Ordinance No. NS-XXX
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) providing 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. (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 multiplefamily 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:
City Council 25 – 19 9/16/2025
Ordinance No. NS-XXX
(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 soberliving home. (3) The group home must have a house manager who 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 an 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.
(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 all 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:
City Council 25 – 20 9/16/2025
Ordinance No. NS-XXX
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, the operator shall comply with paragraphs (i) through (iv) of this subsection as soon as possible.
(12) Prior to an occupant'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 operator 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 confidentiality 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, City Council 25 – 21 9/16/2025
Ordinance No. NS-XXX
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 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 enjoyment 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.
City Council 25 – 22 9/16/2025
Ordinance No. NS-XXX
(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, pursuant 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 the 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.
(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);
City Council 25 – 23 9/16/2025
Ordinance No. NS-XXX
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 Special 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:
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.
City Council 25 – 24 9/16/2025
Ordinance No. NS-XXX
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 conditional 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 overconcentration 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.
(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 Director 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.
City Council 25 – 25 9/16/2025
Ordinance No. NS-XXX
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. This 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
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 established 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 City Council 25 – 26 9/16/2025
Ordinance No. NS-XXX
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, 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) 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.
City Council 25 – 27 9/16/2025
Ordinance No. NS-XXX
Sec. 8-3601. - Revocation.
(1) Upon a hearing by the 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 Director 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 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 provisions 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.
City Council 25 – 28 9/16/2025
Ordinance No. NS-XXX
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.
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: _________________________________ City Council 25 – 29 9/16/2025
Ordinance No. NS-XXX
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 25 – 30 9/16/2025
Planning and Building Agency
www.santa-ana.org/pb
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 16, 2025
TOPIC: A-Frame Sign Ordinance – Second Reading
AGENDA TITLE
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 20, 2025.
RECOMMENDED ACTIONS
1. Conduct a second reading and 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; and ORDINANCE NO. NS-3085 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)
2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
At the August 19, 2025 meeting, the City Council conducted a first reading of an ordinance, Zoning Ordinance Amendment No. 2025-02, amending several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to A-frame signs. The ordinance, approved 7:0, requires a second reading and adoption to become effective on October 16, 2025.
City Council 26 – 1 9/16/2025
ZOA No. 2025-02 (A-frame Sign Ordinance)
September 16, 2025
No changes to the ordinance were made by the City Council. A copy of the ordinance for second reading and adoption is attached to this report as Exhibit 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.
EXHIBITS
1. Ordinance for ZOA No. 2025-02
2. 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
City Council 26 – 2 9/16/2025
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
STATE CEQA GUIDELINES 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, this 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 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); 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 testimony 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 testimony concerning the proposed ordinance.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
City Council 26 – 3 9/16/2025
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”) 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.
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 temporary or special event flags, banners, festoons, flag canopies or other displays, except as permitted by a special event sign permit.
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.
3. Is an aerial or balloon type of sign, except as approved by a Regional Planned Sign Program pursuant to section 41-885 of this chapter.
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.
5. Duplicates or repeats copy on the same sign.
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. – 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 Type text here
City Council 26 – 4 9/16/2025
Ordinance No. NS-XXX
Guidelines established by the Director of the Public Works Agency:
(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 private 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 automobiles 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.
City Council 26 – 5 9/16/2025
Ordinance No. NS-XXX
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 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 not 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 shall 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 City Council 26 – 6 9/16/2025
Ordinance No. NS-XXX
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:
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 signs 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.
City Council 26 – 7 9/16/2025
Ordinance No. NS-XXX
(2) Spandrel signs or canopy support signs. The signs shall not exceed twenty (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 identification, 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 rightof-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 color 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. listed 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:
Sec. 41-1000. – General.
The words and phrases used in this article shall be construed as defined in this City Council 26 – 8 9/16/2025
Ordinance No. NS-XXX
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.
(2) Aerial sign: A free floating balloon, kite, or similar object not directly secured to property within the city.
(3) Alter: To change the copy, color, size, shape, illumination, position, location, construction or supporting structure of a sign, not including ordinary maintenance. (4) 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 differentiate 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 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.
(5) 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. (6) Business activity: An enterprise offering goods, services, or other consideration to the public, in legal occupancy of a site or of a specific portion of a site and under separate and distinct management from any other enterprise located on the same site.
(7) Business frontage: The horizontal dimension of a building or individual business elevation measured at ground level.
(8) Canopy sign: A sign affixed to any permanent architectural projection extending over a door, entrance, window, or outdoor service area.
(9) Changeable copy sign: A sign or portion thereof which copy is changed manually or electrically, such as readerboards and electronic message boards, without altering the face or surface.
(10) Construction sign: A sign at the site of a construction project which identifies the project and/or the persons or firms involved in it.
(11) Directional sign: A sign erected for the purpose of facilitating or controlling the City Council 26 – 9 9/16/2025
Ordinance No. NS-XXX
efficient and safe movement of pedestrians or vehicles on private property and containing only directional information and no advertising. (12) Elevation: The visible vertical plane of the side of a building from ground level to the roof line.
(13) 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.
(14) Elevation, secondary: Any elevation of a building not determined to be a primary elevation.
(15) Flag canopy: A line of flags, or a series of lines of flags, suspended above a site. (16)Freestanding sign: A sign standing directly on the ground that is independent from any building or other structure.
(17) Frontage: The length of a property line along the street that forms its boundary. (18)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. (19) Frontage, secondary: On a lot with frontage on two (2) or more streets, all frontages except that frontage designated as the primary frontage. (20) Gross leasable space: A single leasable space regardless of number of tenants or leases within the space.
(21) Height of sign: The overall height of the sign above the top of the curb grade. (22) 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. (23) Implied sign program: The predominant pattern of signs within a commercial center which does not have an adopted sign program.
(24) 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. (25) 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.
(26) Item of information: A word, figure, logo, abbreviation, or other symbolic representation.
City Council 26 – 10 9/16/2025
Ordinance No. NS-XXX
(27) Logo: A design of letters or symbols used as a trademark or for identification in lieu of, or in conjunction with, other signs.
(28) Lot line: A line that separates two (2) lots.
(29) Marquee sign: A sign affixed to a permanent projection extending from the building or beyond the wall of the building.
(30) Monument sign: A freestanding low profile sign with the sign width greater than the sign height and designed with a solid base and background.
(31) Multitenant development: A development consisting of three (3) or more leasable spaces.
(32) 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.
(33) 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.
(34) Painted sign: A sign painted directly on a building or on material which is then attached to a building.
(35) Parapet: A protective wall or barrier projecting above any canopy, balcony, or roof. (36)Permanent sign: A sign constructed of weather-resistant material and intended for permanent use.
City Council 26 – 11 9/16/2025
Ordinance No. NS-XXX
(37) Projecting sign: A sign attached to a building with the face not parallel to the vertical surface of the building.
(38) Raceway: A conduit to house electrical wires for signs and used to support and/or affix signage on a wall.
(39) Real estate sign: A temporary sign pertaining to the sale, lease, or rental of land and/or buildings.
(40) 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.
(41) 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.
(42) 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. (43) 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, vertical and horizontal lines uninterrupted by significant architectural features of the building.
(44)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.
(45) 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.
City Council 26 – 12 9/16/2025
Ordinance No. NS-XXX
(46) Temporary sign: Any sign that is used only temporarily and is not permanently mounted.
(47)Under-canopy sign: A sign that is suspended below a canopy or marquee perpendicular to the nearest elevation.
(48)Unshielded lighting: An external illumination source which is exposed to view. (49)Wall sign: A sign which is attached parallel to or painted on a wall, including parapet or canopy fascia, or a building.
(50)Width of sign: The total horizontal dimension of a sign, including all frames or structures.
(51)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
City Council 26 – 13 9/16/2025
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 26 – 14 9/16/2025
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.
City Council 26 – 15 9/16/2025
Public Works Agency’s Right-of-Way A-Frame Guidelines
These Guidelines combine the City of Santa Ana’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 Aframes 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
City Council 26 – 16 9/16/2025
Community Development Agency
www.santa-ana.org/cd
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 16, 2025
TOPIC: Consolidated Annual Performance and Evaluation Report for FY 2024-25
AGENDA TITLE
Public Hearing – Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25
Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025.
RECOMMENDED ACTION
Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25 to the U.S. Department of Housing and Urban Development (HUD).
GOVERNMENT CODE §84308 APPLIES: No
COMMUNITY DEVELOPMENT COMMISSION
At its Regular Meeting on August 27, 2025, the Community Development Commission held a public hearing to receive resident and stakeholder comments on the Fiscal Year 2024-25 Consolidated Annual Performance and Evaluation Report. No comments were received during the meeting.
The Community Development Commission recommended approval of the FY 2024-25 Consolidated Annual Performance and Evaluation Report to the City Council by a vote of 5:0 (Adame absent).
DISCUSSION
As part of the Five-Year Consolidated Plan process, HUD requires the City to submit a Consolidated Annual Performance and Evaluation Report (“CAPER”) (Exhibit 1). The CAPER describes the activities and accomplishments for the three federal entitlement grants during the past Fiscal Year (Community Development Block Grant (“CDBG”), Emergency Solutions Grant (“ESG”), and HOME Investment Partnerships Program (“HOME”)). The Annual Action Plan serves as the blueprint for how entitlement funds will be spent to advance the broader strategies outlined in the Consolidated Plan, while the CAPER looks back to evaluate how well the City met those commitments. Fiscal Year 2024-25 is the fifth year covered by the July 1, 2020 through June 30, 2025 FiveCity Council 27 – 1 9/16/2025 Consolidated Annual Performance and Evaluation Report for FY 2024-25 September 16, 2025
Year Consolidated Plan.
In addition to detailing the projects and initiatives carried out during the past Fiscal Year, the CAPER evaluates the City’s progress toward the five-year goals and objectives established in the Consolidated Plan. This includes both quantitative benchmarks and qualitative outcomes to ensure accountability and transparency in the use of federal resources. The Fiscal Year 2024-25 CAPER marks the fifth and final report under the current Consolidated Plan cycle and provides a cumulative reflection on the City’s success in advancing community development, affordable housing, and homelessness prevention priorities over the past five years.
The following table highlights accomplishments achieved during Fiscal Year 2024-25 with funding from the CDBG, ESG, and HOME Programs:
General Activity Accomplishments
Capital Improvements
• 1,780 residents were assisted through the improvements of neighborhood facilities, parks and recreation facilities, and street improvements. Specifically, several streets
were rehabilitated/reconstructed in the Heninger
Neighborhood.
Economic
Development
• Provided 14 small business incentive grants to small
businesses. The CDBG Microenterprise program's
primary purpose is to foster economic development by
assisting businesses with five or fewer employees,
aiming to create or retain permanent jobs for low- to
moderate-income (LMI) individuals. Funds can support
entrepreneurial training, technical assistance, working capital, and other services to help these small businesses start or expand, thereby creating economic opportunities principally for people of low- and moderate-income
• Eligible small businesses each received between $2,500 to $5,000.
Public Services
• Provided a total of $721,209 for 16 nonprofit
organizations to administer 16 programs and served a
total of 2,031 persons.
• America on Track, Delhi Center, Neutral Ground, and
Orange County Children’s Therapeutic Arts Center,
specifically, provided youth services that included
tutoring, education, recreation, fitness, a classical music program, and gang prevention.
• Templo Calvario provided youth and family services that included financial empowerment, education, leadership,
and financial workshops.
• Community Legal Aid SoCal, Lutheran Social Services of Southern California, and Human Options provided
City Council 27 – 2 9/16/2025
Consolidated Annual Performance and Evaluation Report for FY 2024-25 September 16, 2025
criminal record expungement and domestic violence
services that included housing and legal services.
• Community Health Initiative of Orange County, Straight Talk Clinic Inc., MOMS Orange County, Neutral Ground,
and Radiant Health Services, provided access to medical and mental health, and social service programs by
conducting outreach, education, and enrollment.
• Stand up for Kids, Project Hope Alliance, and WISEPlace provided affordable housing and homelessness services.
Affordable Housing
• The WISEPlace Permanent Supportive Housing project
located at 1411 N. Broadway completed construction.
This project was made possible with $5,256,327 in
HOME-American Rescue Plan funds. This rehabilitation
project repurposed an existing L-shaped building into a 31,428-square-foot permanent supportive housing
development. It includes 47 studio units designated for extremely low-income individuals experiencing chronic
homelessness, with 14 units specifically reserved for
those living with mental illness under the Mental Health Services Act. Additionally, a two-bedroom manager’s unit is incorporated, and onsite supportive services are
provided by WISEPlace staff and the Orange County
Health Care Agency.
• The Crossroads at Washington affordable housing
project located at 1126, 1136, and 1146 E. Washington
Avenue completed construction. This project was made
possible with $3,008,576 in HOME Program funds and
$1,637,420 in Neighborhood Stabilization Program
funds. The project is an 86-unit multi-family residential complex totaling approximately 69,400 square feet (sf) of residential and community building space on an
approximately 2.3-acre site.
Code Enforcement
• A total of $825,000 was allocated to the City’s Code
Enforcement Department to partially fund Code
Enforcement staff salaries for providing enforcement
services in CDBG-eligible areas. Code Enforcement staff continued their diligent efforts, significantly improving residents' quality of life by reducing and eliminating
housing-related life safety issues. These
accomplishments were achieved through collaboration
with tenants and property owners, leveraging the
California Health and Safety Code, city-adopted
municipal codes, and CDBG initiatives.
• Code Enforcement staff responded to and addressed
4,172 complaints in CDBG residential areas between July City Council 27 – 3 9/16/2025
Consolidated Annual Performance and Evaluation Report for FY 2024-25 September 16, 2025
The CAPER is a draft and reflects the data available in HUD’s system as of August 19, 2025. Performance information from the fourth quarter, ending September 30, is not yet available and will be incorporated into the final CAPER that will be submitted to HUD.
As a result, several tables in the draft CAPER remain blank. To ensure compliance with the statutory submission deadline of September 30, we are requesting City Council’s approval in advance and to allow staff to update the tables after approval. The final CAPER will include the complete fourth quarter data, and all tables will be updated to fully demonstrate the City’s progress toward the objectives outlined in the Five-Year Consolidated Plan.
FISCAL IMPACT
There is no fiscal impact associated with this item.
EXHIBIT(S)
1. Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25
2. Proof of Publication
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager
1, 2024 through June 30, 2025. These complaints
covered 4,036 residential properties, of which 1,639 were single-family residences and 2,533 multi-family
residences within CDBG-eligible deteriorating and
deteriorated areas.
• Code Enforcement staff issued 174 Notices of Violation, 160 Notices and Orders, and 5,736 Administrative
Citations involving residential housing. As a result of these efforts, property owners have made approximately
$3,427,854 in repairs and upgrades encompassing 481
permits.
Homeless Services
(ESG)
• Provided assistance to 271 persons through Street
Outreach, Homeless Prevention, Rapid Re-housing, or
Shelter.
City Council 27 – 4 9/16/2025
Consolidated Annual
2024
Performace Evaluation
Report
Building, buying, and/or rehabilitating
affordable housing. Developing viable urban
communities. Improving the number and quality
of emergency shelters for homeless
individuals and families.
CITY OF SANTA ANA
Community Development Agency
EXHIBIT 1
City Council 27 – 5 9/16/2025
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The 2024 Consolidated Annual Performance and Evaluation Report (CAPER) covers the period of July 1, 2024 through June 30, 2025 and reports on completed projects in the 2024 program year. This CAPER is the fifth of the 2020-2024 Consolidated Plan. For the 2024 program year, the City followed its allocation strategy by funding public services, public facilities, affordable housing projects, homeless related projects, and fair housing services to address unmet community needs. As part of this CAPER process, the City conducted a 15-day public review and comment period from September 5 to September 19, 2025 and held a public hearing on September 18, 2025 to obtain further public comment on this report. Accomplishments in addressing the priority needs include:
Affordable Housing Development, Maintenance & Preservation- Efforts to increase affordable housing include committing HOME, CDBG, Project-Based Vouchers, Inclusionary Housing, and Housing Successor Agency funds for aquisition, construction, rehabilitation and provision of affordable rental and ownership housing.
Code Enforcement - Community preservation efforts continue in deteriorated and deteriorating areas to preserve the City's aging housing stock.
In FY 2024 Code Enforcement funds were used to respond to complaints covering residential properties within the CDBG eligible deteriorating and deteriorated areas. During the program year, the City issued a total of 4172 violations to single and multi-family units. Code Enforcement staff also issued 174 Notices of Violation, 160 Notice and Orders, and 5736 Administrative Citations involving residential housing. As a result of these efforts, property owners have made approximately $3,427,854 in repairs and upgrades encompassing 481 permits.
Public Facilities & Infrastructure - A total of two capital improvement projects were completed which included one residential street improvement.
Public Service Programs - Public Services funded by the City during the report period were aimed at assisting low to moderate-income households. A total of 16 activities were funded to assist homeless, seniors, youth and families through a variety of programs. A total of 2031 persons were served.
Economic Development – CDBG funds were allocated to support workforce training and development and business assistance via training, EXHIBIT 1
City Council 27 – 6 9/16/2025
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
technical assistance and general support. A total of 14 micro enterprise businesses were served.
Fair Housing Services - To affirmatively further Fair Housing, the City continues to provide CDBG funds to Orange County Fair Housing Council.
HOME Program– In the 2024-2025 fiscal year, the City of Santa Ana advanced its efforts to promote homeownership and maintain compliance with the HOME Investment Partnerships Program. In 2024, the City issued a Request for Proposals (RFP) to enhance access to affordable housing, resulting in three submissions currently under review for potential funding.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Affordable
Housing
Development
& Maintenance
Affordable
Housing
CDBG:
$ /
HOME:
$
Rental units constructed
Household
Housing
Unit
40 86
215.00%
0 86
Affordable
Housing
Development
& Maintenance
Affordable
Housing
CDBG:
$ /
HOME:
$
Rental units rehabilitated
Household
Housing
Unit
60 0
0.00%
Affordable
Housing
Development
& Maintenance
Affordable
Housing
CDBG:
$ /
HOME:
$
Homeowner Housing
Added
Household
Housing
Unit
10 0
0.00%
EXHIBIT 1
City Council 27 – 7 9/16/2025
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Affordable
Housing
Development
& Maintenance
Affordable
Housing
CDBG:
$ /
HOME:
$
Homeowner Housing
Rehabilitated
Household
Housing
Unit
40 0
0.00%
12 0
0.00%
Affordable
Housing
Development
& Maintenance
Affordable
Housing
CDBG:
$ /
HOME:
$
Direct Financial
Assistance to
Homebuyers
Households
Assisted
12 0
0.00%
Affordable
Housing
Development
& Maintenance
Affordable
Housing
CDBG:
$ /
HOME:
$
Housing for Homeless
added
Household
Housing
Unit
0 0 0 0
Code
Enforcement
Affordable
Housing
CDBG:
$
Housing Code
Enforcement/Foreclosed
Property Care
Household
Housing
Unit
15000 0
0.00%
2500 0
0.00%
Economic
Development
Programs
Non-Housing
Community
Development
CDBG:
$
Businesses assisted
Businesses
Assisted
25 10
40.00%
0 10
Economic
Development
Programs
Non-Housing
Community
Development
CDBG:
$
Other Other 0 0 16 0
0.00%
Homeless
Services and
Facilities
Homeless ESG: $
Tenant-based rental
assistance / Rapid
Rehousing
Households
Assisted
150 0
0.00%
25 0
0.00%
Homeless
Services and
Facilities
Homeless ESG: $ Homeless Person
Overnight Shelter
Persons
Assisted
1000 0
0.00%
150 0
0.00%
EXHIBIT 1
City Council 27 – 8 9/16/2025
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Homeless
Services and
Facilities
Homeless ESG: $
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 50 0
0.00%
Homeless
Services and
Facilities
Homeless ESG: $ Homelessness Prevention
Persons
Assisted
175 0
0.00%
35 0
0.00%
Homeless
Services and
Facilities
Homeless ESG: $ Housing for Homeless
added
Household
Housing
Unit
400 0
0.00%
Program
Administration
& Fair Housing
Services
Affordable
Housing
Public
Housing
Homeless
NonHomeless
Special Needs
Non-Housing
Community
Development
CDBG:
$ /
HOME:
$ / ESG:
$33544
Other Other 5 0
0.00%
1 0
0.00%
Public Facilities
&
Infrastructure
Non-Housing
Community
Development
CDBG:
$
Public Facility or
Infrastructure Activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted
0 1780 4500 1780
39.56%
Public Facilities
&
Infrastructure
Non-Housing
Community
Development
CDBG:
$
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted
10000 0
0.00%
EXHIBIT 1
City Council 27 – 9 9/16/2025
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Public Service
Programs
NonHomeless
Special Needs
Non-Housing
Community
Development
CDBG:
$
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted
10000 2031
20.31%
2500 2031
81.24%
Public Service
Programs
NonHomeless
Special Needs
Non-Housing
Community
Development
CDBG:
$
Homeowner Housing
Rehabilitated
Household
Housing
Unit
0 0 0 0
Public Service
Programs
NonHomeless
Special Needs
Non-Housing
Community
Development
CDBG:
$
Homeless Person
Overnight Shelter
Persons
Assisted
0 0 0 0
Public Service
Programs
NonHomeless
Special Needs
Non-Housing
Community
Development
CDBG:
$
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 0 0 0 0
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, EXHIBIT 1
City Council 27 – 10 9/16/2025
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
giving special attention to the highest priority activities identified.
EXHIBIT 1
City Council 27 – 11 9/16/2025
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 666 0
Black or African American 34 0
Asian 10 0
American Indian or American Native 4 0
Native Hawaiian or Other Pacific Islander 1 0
Total 715 0
Hispanic 583 0
Not Hispanic 132 0
Describe the clients assisted (including the racial and/or ethnicity of clients assisted with ESG) HESG
American Indian, Alaska Native, or Indigenous 0
Asian or Asian American 0
Black, African American, or African 0
Hispanic/Latina/e/o 0
Middle Eastern or North African 0
Native Hawaiian or Pacific Islander 0
White 0
Multiracial 0
Client doesn't know 0
Client prefers not to answer 0
Data not collected 0
Total 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
In FY2023, CDBG, HOME and ESG resources provided assistance to residents through an array of programs. The race and ethnicity of these individuals are summarized above.
EXHIBIT 1
City Council 27 – 12 9/16/2025
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal
HOME public - federal
ESG public - federal
Table 3 - Resources Made Available
Narrative
The City of Santa Ana expended a total of $x,xxx,xxx.xx during the 2024 program year.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100 Citywide
Table 4 – Identify the geographic distribution and location of investments Narrative
EXHIBIT 1
City Council 27 – 13 9/16/2025
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 0
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report
EXHIBIT 1
City Council 27 – 14 9/16/2025
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
begin-ning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
0 0 0 0 0
Table 7 – Program Income
EXHIBIT 1
City Council 27 – 15 9/16/2025
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
EXHIBIT 1
City Council 27 – 16 9/16/2025
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
EXHIBIT 1
City Council 27 – 17 9/16/2025
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 30 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 30 0
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 25 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 25 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 50 0
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
Discuss how these outcomes will impact future annual action plans.
Include the number of extremely low-income, low-income, and moderate-income persons EXHIBIT 1
City Council 27 – 18 9/16/2025
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 13 – Number of Households Served
Narrative Information
EXHIBIT 1
City Council 27 – 19 9/16/2025
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Santa Ana prioritizes effective, targeted, and safe outreach to individuals experiencing homelessness to support these individuals in identifying resources and establishing pathways to safe and sustainable housing. The City has outreach staff regularly working and interfacing with individuals experiencing homelessness to provide assistance and support in enrolling in shelter and/ or seeking other services.
During the 2024-2025 Program Year, the City of Santa Ana worked towards the following objectives:
1. Prioritized street outreach through Quality of Life Teams
2. Preserved existing and increase the supply of permanent supportive housing
3. Preserved existing and increase the supply of affordable housing
4. Provided housing services and assistance to special needs populations
5. Improved critical services to low-income and special needs populations
6. Coordinated services within the City as well as regionally in collaboration with the Continuum of Care
7. Collaborated with all communities in Orange County to address homelessness with coordinated, regional approaches
Addressing the emergency shelter and transitional housing needs of homeless persons The ESG funded programs provided Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services. The City targeted actions to addres the needs of individuals who are homeless that includes unaccompanied women, victims of domestic violence, chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth.
The range of services include emergency shelter, transitional housing and permanent supportive housing. ESG funds provided assistance for street outreach services, homeless prevention and rapid rehousing.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs EXHIBIT 1
City Council 27 – 20 9/16/2025
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Through the objective summarized above in the Outreach section, the City strives to help individuals and families from becoming homeless. The ESG program funds Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services. Additionally, the County of Orange is equipped to serve people discharged from publicly funded institutions or systems of care such as health care facilities or correction programs.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City supported a number of programs to assist low-income individuals and families to avoid becoming homeless, including Section 8 Housing Choice vouchers. Other support services, such as job and training assistance, food assistance, and counseling are also available to help individuals recover from homelessness and to avoid becoming homeless. The City worked closely with the Continuum of Care who provided oversight for the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) to prioritize the most vulnerable chronically homeless individuals. Case management services were offered in all programs to help prevent individuals from falling back into homelessness.
EXHIBIT 1
City Council 27 – 21 9/16/2025
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
N/A – The City does not have any public housing.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
N/A – The City does not have any public housing.
Actions taken to provide assistance to troubled PHAs
N/A – The City does not have any public housing.
EXHIBIT 1
City Council 27 – 22 9/16/2025
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The 2020–2024 Consolidated Plan identified several barriers to the development of affordable housing including the following:
Limited funding sources, financial costs, and the costs of development. Market constraints primarily the availability, cost, and competition for land. Available land in the City mostly consists of small parcels that must be assembled for significant new construction projects. Relocation costs and housing replacement requirements for redeveloping improved properties also presents barriers to the development of affordable housing.
The region’s rents have continued to increase. Higher rents limited the ability of some lower income households to obtain decent and affordable housing. Households with no or poor credit history are severely impacted.
In an effort to mitigate these barriers, Santa Ana undertook the following actions during the report period:
Construction of new rental and homeownership units
Rehabilitation and/ or preservation of existing rental units Homeowner rehabilitation programs for low- and moderate-income households Through the City’s compliance with AB 1486 (Surplus Lands Act) as well as a constant monitoring of state land made available through Executive Order N-06-19, the City will look to identify potential parcels of underutilized land that can be leveraged for potential affordable housing development. Continued to enforce the City’s inclusionary housing ordinance in which new residential projects that meet the specified criteria must provide: 1) if the new residential project consists of units for sale, then a minimum of 10% of the total number of units in the project shall be sold to moderate income households; 2) If the new residential project consist of rental units, a minimum of 15% of the units shall be rented to low income households, or 10% rented to very low income households; or 3) the developer may elect to satisfy these requirements for the project by payment of a fee in lieu of constructing some or all of the affordable units.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Based on the 2024 Point in Time Count and Survey, there are 1,428 individuals experiencing EXHIBIT 1
City Council 27 – 23 9/16/2025
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
homelessness in the County, with 278 in the City of Santa Ana. This is a decrease of 19.28% in unsheltered and sheltered homeless population in Santa Ana since 2019. One challenge for Santa Ana is that many individuals experiencing homelessness gravitate to specific cities, one of which is Santa Ana. A goal of the City is to work closely with community and faithbased groups, other municipalities and the County to provide a coordinated and regional effort to address homelessness throughout the County. In addition, several programs were funded by HOME, CDBG and ESG to assist underserved individuals. The number of persons assisted during the report period is highlighted throughout this report.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead-paint hazards are typically found in buildings constructed prior to 1978; the year lead based paint was banned in the United States. Until 2012, children were identified as having a blood lead “level of concern” if blood tests resulted in 10 or more micrograms of lead per deciliter. Experts now use a reference level of 5 micrograms per deciliter to identify children with blood levels that are much higher than most children’s levels. Although many children remain at risk exposure to harmful lead levels (i.e., blood lead levels greater than the CDC recommended level of 5 micrograms of lead per deciliter of blood), the CDC reported a decline in blood levels in children age five and younger, largely a result of the phase-out of leaded gasoline and efforts by federal, state, and local agencies to limit lead paint hazards in housing.In all housing activities, the City complies with requirements to examine for the potential risk of lead exposure. If and when lead is identified, the City works with the property owner and/ or subrecipient to remediate the lead-based paint.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Santa Ana’s anti-poverty strategy includes expanding housing opportunities and support services for low-income residents, and coordinating public and private resources to address their specific needs.
Services and activities supported by the City included:
Economic development program to stimulate the local economy and further increase job opportunities for low- and moderate-income individuals. Provide housing assistance through the City’s ESG and ESG-CV programs offering services including: Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services to reduce the number of poverty-level families that may have their housing status negatively impacted by the COVID-19 pandemic.
Partner with and leverage local job training programs focused on supporting residents prepare for and access living wage job opportunities.
Through the City’s housing programs, it will reduce the number of cost burdened households living in the City, allowing them to allocate personal resources to other critical household needs.
Public services will be targeted to address critical needs of low-income and vulnerable residents through the provision of programming, transportation, education, childcare and other key needs that are EXHIBIT 1
City Council 27 – 24 9/16/2025
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
identified by the City and its stakeholders. Services such as these are components to assist individuals to be better suited to secure and retain living wage employment. Homeless assistance, including prevention, will provide critical services to extremely low-income households in need of immediate assistance and support to be better suited and able to take steps to identify sustainable housing and employment options.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The institutional delivery system in Santa Ana is high-functioning and collaborative, particularly the relationship between city departments and the nonprofit sector comprised of a network of capable nonprofit organizations operating in Santa Ana and throughout Orange County that are delivering a full range of services to residents. Affordable housing development and preservation activities are carried out by the Housing Department of the Community Development Agency in partnership with housing developers and contractors. The Planning and Building Agency supports code enforcement activities.
Public service activities are carried out by nonprofit organizations with support and oversight from the Community Development Agency as necessary to achieve the Strategic Plan goals. The Community Development, Public Works and Planning and Building Agencies work together with contractors to implement public facilities and improvement projects.
The greatest challenge behind COVID-19, in the City’s institutional delivery system is the breadth and diversity of need and exceeds the amount of available funding to completely address all needs within the community. Consequently, even high priority needs cannot be fully funded. Further, due to the scale of need within the community – nonprofit service providers are also operating at maximum capacity. As a result, non-profit leadership has less time to dedicate to coordination and alignment with other partner agencies and organizations to strategically target needs. In PY21 the Community Development Agency worked to increase the efficiency of collaboration and coordination among different providers operating in the City and throughout the region.
The City also supported programs aimed at enhancing. Examples of actions undertaken during the report period to overcome gaps and enhance coordination included the following:
The City’s Workforce Development Board played a key role in developing employment opportunities for lower income Santa Ana residents. The WDB is comprised of various community leaders representing private employment, education, social services and government. This diversity in the board’s representation ensures that the community’s workforce needs are identified and addressed through a variety of public and private resources.
This advisory board also brings key community contacts together resulting in enhanced coordination of program delivery and resource utilization. The City participated in several homeless forums and committees. Specifically, the City served on the Orange County Continuum of Care Board and participated in several committes including the Housing Opportunity Committee, the Emergency Shelter Committee and the Data and EXHIBIT 1
City Council 27 – 25 9/16/2025
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
Performance Committee. The City also served on the Leadership Council for the United to End Homelessness campaign empowered by the United Way and participated on the Executive Committee. Through this participation, the City can ensure that barriers to housing and the needs of the homeless are identified and addressed through the coordinated regional implementation of limited funding and resources.
The City sought to encourage home ownership opportunities to promote neighborhood stability.
With a high median purchase price of homes, homeownership remains a challenge for households earning less than 80% of county median income. Recent increases in housing costs have exacerbated this situation.
Neighborhood residents were encouraged to participate in the preparation and implementation of neighborhood assessments and plans, and were kept informed on homelessness issues. Santa Ana’s Neighborhood Initiatives Program provided the means to facilitate this participation. This coordination included working with a variety of city departments, public utilities, property owners, tenants, nonprofit agencies and the school district.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
As in past years, Santa Ana made an effort to leverage private and federal funds with local and state funds to increase and preserve the City’s supply of affordable rental housing. The greatest barrier to affordable housing in the City is a limited supply of resources and available land to support the development and preservation of affordable housing within the City. The City works closely with nongovernmental, state and federal agencies to identify potential funding streams and resources. Several affordable housing projects are moving forward currently in the City and two projects for individuals/veterans experiencing homelessness are in the pipeline. These are examples of how the City is coordinating with private developers and social service agencies to create affordable housing opportunities in Santa Ana.
The City’s owner-occupied housing rehabilitation programs have been instrumental in preserving housing units occupied by lower income households. Furthermore, homeownership opportunities for low- and moderate-income homebuyers were available via the City’s participation in the City’s Down Payment Assistance Program. The City worked closely with Habitat for Humanity in completing the last phase of the scattered site project where single family homes were developed to be sold at affordable price and to restrict to income qualified households for a period of at least 45 years. Additionally, the Santa Ana Housing Authority provided rental assistance vouchers to very-low income households.
Participants in the Housing Authority’s Family Self-Sufficiency (FSS) program were also referred to classes (available in English, Spanish and Vietnamese) on how to prepare for homeownership.
EXHIBIT 1
City Council 27 – 26 9/16/2025
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
City staff met regularly with public and private organizations to coordinate various efforts. The City's relationship with nonprofit organizations in the community allowed for an integrated approach for funding requests from local, state and federal agencies. The City worked with nonprofits as they applied for funds for activities consistent with the objectives in the Consolidated Plan. The City also communicated with various institutions to facilitate the exchange of information and to develop strategies to provide benefits and housing services.
Homeless needs and priorities continue to be identified through the County’s CoC system. The City consults with the County and local ESG entitlement grantees in regard to the use of ESG funds. On-going meetings are held to coordinate the development of eligibility criteria, performance standards and outcome measurements, as well as to establish funding, policies, and procedures for the operation and administration of the Homeless Management Information System (HMIS).
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City evaluated barriers and constraints to the development of affordable housing as a critical component of the Housing Element. The California Department of Housing and Community has received Santa Ana’s Adopted Housing Element for certification.
The City participated in the update to the County’s Regional Analysis of Impediments to Fair Housing Choice for the period of 2020 - 2024. Through this process, the City has identified a set of city-specific and regional goals and approaches to address barriers to affordable housing and affirmatively further fair housing in the City.
EXHIBIT 1
City Council 27 – 27 9/16/2025
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
To ensure that HUD funds are used efficiently and in compliance with applicable regulations, the City provides technical assistance to all subrecipients at the beginning of each program year and monitors subrecipients throughout the program year. The City of Santa Ana applied the same monitoring standards to its CDBG-CV and ESG-CV programs.
Technical Assistance
To enhance compliance with federal program regulations, the City provides an annual Notice of Funding Availability (NOFA) workshop to review the Plan goals, program requirements and available resources with potential applicants. Subsequent to the approval of the Annual Action Plan, a mandatory subrecipient workshop is held to review program regulations in detail, to provide useful forms and resources for documenting compliance and to review the City’s compliance procedures and requirements. Additionally, individualized technical assistance is provided on an as-needed basis throughout a program year.
Activity Monitoring
All activities are monitored, beginning with a detailed review upon receipt of an application to determine eligibility, conformance with a National Objective and conformance with a Plan goal. This review also examines the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries and likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the System for Award Management (SAM) debarment list, prevailing wage, Minority and Women Business Enterprise, Section 3 and federal acquisition and relocation regulations, as applicable.
Subrecipients are required to submit an audit and other documentation to establish their capacity, and any findings noted in the audit are reviewed with the applicant. Eligible applications are then considered for funding. Once funded, desk monitoring includes ongoing review of required quarterly performance reports. For CDBG public service activities, an on-site monitoring is conducted once every two (2) years, or more frequently as needed to ensure compliance. These reviews include both a fiscal and programmatic review of the subrecipient’s activities. The reviews determine if the subrecipient is complying with the program regulations and City contract. Areas routinely reviewed include overall administration, financial systems, appropriateness of program expenditures, program delivery, client eligibility determination and documentation, reporting systems, and achievement toward achieving contractual goals. Following the monitoring visit, a written report is provided delineating the results of EXHIBIT 1
City Council 27 – 28 9/16/2025
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
the review and any findings of non-compliance and the required corrective action. Subrecipients normally have 30 days to provide the City with corrective actions taken to address any noted findings.
Individualized technical assistance is provided, as noted above, as soon as compliance concerns are identified. For CDBG capital projects, monitoring also includes compliance with regulatory agreement requirements
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City published a notice in the general circulation of papers in English, Spanish and Vietnamese that its CAPER was available for review for public comment. The CAPER was made available for review at the Office of the Clerk of the Council, Community Development Agency 6th Floor Reception Area, Main Library, and on the City’s website.There was a 15-day public comment period prior to the submission of the CAPER to HUD. In addition, a public hearing was held by the Community Redevelopment and Housing Commission and at the City Council meeting to obtain public comments, with the City Council authorizing the submission of the report to HUD.
Despite efforts to solicit public feedback, no comments were received during the 15-day public comment period, nor at the public hearing held by the Community Redevelopment and Housing Commission or the City Council meeting. The City acknowledges the importance of community engagement and remains committed to transparency in its reporting processes.
EXHIBIT 1
City Council 27 – 29 9/16/2025
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The 2024-2025 Program Year was the fourth year of the 2020-2024 Consolidated Plan. The City made progress towards its five-year and one-year goals for this reporting period and did not change its program objectives or the projects & activites that utilized CDBG, ESG, and HOME funds.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
EXHIBIT 1
City Council 27 – 30 9/16/2025
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-50 - HOME 24 CFR 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
The City of Santa Ana conducts onsite inspections of HOME-assisted rental units during the required affordability period to determine compliance with HUD property standards in accordance with 24 CFR
92.251. HOME-assisted rental projects with one to four units are inspected every three years, projects with five to 25 units are inspected every two years, and projects with 26 or more units are inspected annually. The City of Santa Ana received COVID-19 waivers regarding on-site inspections of rental housing and for housing units of recipients of TBRA funding. Inspection schedule dates have been shifted accordingly as per HUD regulations.
During Fiscal Year 2023 (July 1, 2024, to June 30, 2025), the City administered assistance to 717 rental units through the HOME program. Among these, 919 units underwent inspection, with 684 units successfully passing the initial scrutiny while 235 units failed. Following re-inspection, all 235 previously failed units were reviewed, resulting in all passing the re-inspection.
HOME:
In the 2024-2025 fiscal year, the City of Santa Ana advanced its efforts to promote homeownership and maintain compliance with the HOME Investment Partnerships Program. In December 2024, the City EXHIBIT 1
City Council 27 – 31 9/16/2025
CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
issued a Request for Proposals (RFP) to enhance access to affordable housing, resulting in three submissions currently under review.
Additionally, between January and June 2025, City staff conducted compliance monitoring for 37 HOMEassisted properties, covering 362 units, which represent approximately 17% of the City's total affordable housing units. In line with HOME program requirements and City regulations, staff reviewed 20% of the units at each property through on-site tenant file inspections. Notably, none of the HOME units were found to be out of compliance with established standards.
Compliance Monitoring:
Between January and June 2025, City staff conducted compliance monitoring for 57 affordable properties, covering approximately 2,000 units. In accordance with each property’s program requirements and City regulations, staff reviewed 20% of the units at each property through on-site tenant file inspections. While none of the HOME units were found to be out of compliance, one property, Nineteen 01, which includes 10 inclusionary housing units, was identified as out of compliance. City staff is actively working with the management team to bring these units into compliance with the required standards.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a)
The City’s affirmative marketing procedures and requirements apply to rental and homebuyer projects containing 5 or more HOME or CDBG-assisted housing. These procedures and requirements do not apply to families with Section 8 tenant-based rental housing assistance or families with tenant-based rental assistance provided with HOME funds. The procedures include:
Methods to inform the public about Federal fair housing laws:
The City displays the Equal Housing logo or slogan in housing-related press releases and solicitations for owners, and on the website page for the City’s Housing and Neighborhood Development Division.
The City requests the County of Orange to include information on the City’s HOME and CDBGassisted rental units in its countywide Affordable Housing List maintained by the County.
Requirements and practices owners must adhere to:
Owners must display the Equal Housing Opportunity logo or slogan in all correspondence with current or potential tenants, on lease agreements, and display the fair housing poster in their leasing offices, and develop written procedures for selecting tenants. The City required owners of City HOME- and CDBG-assisted rental units to continuously review the demographic makeup of their tenants. If and when such review indicated that their tenants EXHIBIT 1
City Council 27 – 32 9/16/2025
CAPER 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
no longer reflected the City’s minority population, they were required to inform the City of that fact and request City review and approval for the steps they took to correct that deficiency. Compliance with the City’s affirmative marketing requirements and procedures will be made an obligation of all rental property owners receiving HOME or CDBG assistance from the City of Santa Ana, and will be enforceable by means of appropriate actions described in loan documents recorded through the County of Orange.
Record keeping:
The City will require owners of its HOME- and CDBG- assisted rental units covered under this marketing plan to make an annual report to the City detailing the steps they have taken to comply with this Program. They will also be required to report on the ethnicity of their tenants, as well as rents, income levels, and other household characteristics. Reports will be made on a form that is acceptable to the City of Santa Ana, and that will enable the City to capture the data it needs to evaluate owner compliance with this Program. The City will maintain records on owner reports and its evaluation of those reports for a period of not less than ten years after expiration of the affordability period required by applicable HUD regulations.
Annual assessment:
Upon receipt of owner reports, the City will evaluate the ethnic and racial characteristics of tenants being served to determine if they reflect the City’s housing market. If they do not, the City will direct the owner to take further affirmative marketing steps to correct the imbalance. The City will track and evaluate the steps taken to insure they have the desired effect.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Not applicable. The City receipted $XXX,XXX in program income during FY2023. The City did not expend any program income during the FY2024 program year, but anticipates that such funds will be included in forthcoming RFPs during program year 2025.
Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j)
The City coordinates HOME funding and activities with other federal, state, and local affordable housing resources to maximize the assistance provided in the City and construct and/ or rehabilitate affordable housing throughout the City.
EXHIBIT 1
City Council 27 – 33 9/16/2025
CAPER 29
OMB Control No: 2506-0117 (exp. 09/30/2021)
EXHIBIT 1
City Council 27 – 34 9/16/2025
CAPER 30
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 1 1 0 0 0
Total Labor Hours 0 154,492
Total Section 3 Worker Hours 0 38,848
Total Targeted Section 3 Worker Hours 0 5,234
Table 14 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers 1
Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 1
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
1 Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
EXHIBIT 1
City Council 27 – 35 9/16/2025
CAPER 31
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other.
Table 15 – Qualitative Efforts - Number of Activities by Program Narrative
EXHIBIT 1
City Council 27 – 36 9/16/2025