Agenda packet — Santa Ana City Council, October 7, 2025 (part 4 of 4)

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUN CIL OF THE CITY OF
SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN

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

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

A. Section 1004 of the City Charter requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council.

B. It is the City’s practice to assign job titles that reflect the dut ies and responsibilities of classifications and are consistent with other classifications within the City’s organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates.

C. The City Council regularly amends the City’s classification and compensation plan for all f ull-time and part-time classifications of employees and officers of the City.

D. It is now desired to amend the City’s classification and compensation p lan as listed herein.

E. On June 1, 2021, the City C ouncil adopted Resolution 2021 -026 establishing and delineating the compensation and benefit plans for classifications designated as Unrepresented Confidential Administrative Management (CAM) and Unrepresented Confidential Middle Management (CMM) affording these classifications the same provisions and/or changes in salaries, compensation, and other benefits, unless specified otherwise, as provided to classifications represented by the Santa Ana Management Association (SAMA).

F. The City has reached an agreement with SAMA on a new memorandum of understanding scheduled for adoption by City Council on October 7, 2025 , which includes a five percent (5%) salary increase retroactively effective July 13, 2025, a four percent (4%) salary increase effective July 12, 2026, and a three percent (3%) salary increase effective July 11, 2027.

G. Compensation for CAM and CMM must now be updated to reflect the reciprocal wage increases for SAMA.

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Resolution 2025-XXX

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Section 2. The Santa Ana City Council hereby approves the updated Salary Schedules for the unrepresented CAM and CMM units, attached to this resolution as Exhibit A, reflecting classification and compensation amendments per this and previously approved City Council resolutions, and grouped by employee unit, as recommended by CalPERS, and in compliance with CalPERS California Code of Regulations section 570.5.

Section 3. That except as amended by this resolution, all other provisions of the City’s classification and compensation plan shall remain in full force and effect.

Section 4. This resolution is operative from and after the dater upon which it is adopted.

ADOPTED this 7th day of October 2025.

___________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

By: __________________

AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers

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Resolution 2025-XXX

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CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025- ___ to be the original resolution adopted by the City Council of the City of Santa Ana on October 7, 2025.

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

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EXHIBIT A

UNREPRESENTED CONFIDENTIAL ADMINISTRATIVE MANAGEMENT (CAM)

MONTHLY WAGE RATE SCHEDULE
REVISED OCTOBER 7, 2025

Resolution 2025-XXX

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EFFECTIVE JULY 13, 2025 TO JULY 11, 2026

JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Principal Employee Relations Analyst (CAM) 01782 10,503 11,026 11,579 12,158 12,768 Senior Employee Relations Analyst (CAM) 01783 9,763 10,251 10,763 11,302 11,869

EFFECTIVE JULY 12, 2026 TO JULY 10, 2027

JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Principal Employee Relations Analyst (CAM) 01782 10,923 11,467 12,042 12,644 13,279 Senior Employee Relations Analyst (CAM) 01783 10,154 10,661 11,194 11,754 12,344

EFFECTIVE JULY 11, 2027

JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Principal Employee Relations Analyst (CAM) 01782 11,251 11,811 12,403 13,023 13,677 Senior Employee Relations Analyst (CAM) 01783 10,459 10,981 11,530 12,107 12,714

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EXHIBIT A

UNREPRESENTED CONFIDENTIAL MIDDLE MANAGEMENT (CMM)

MONTHLY WAGE RATE SCHEDULE
REVISED OCTOBER 7, 2025

Resolution 2025-XXX

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EFFECTIVE JULY 13, 2025 TO JULY 11, 2026

JOB TITLE JOB
CODE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 Assistant Director of Human Resources (CMM) 01836 12,494 12,805 13,124 13,455 13,790 14,134 14,488 14,850 15,220 15,599 15,990 16,391 16,799 17,222 17,652 18,093 18,541 Chief Assistant City Attorney ‐ Employee
Relations (Excepted) (CMM) 01651 13,790 14,134 14,488 14,850 15,220 15,599 15,990 16,391 16,799 17,222 17,652 18,093 18,541 19,007 19,482 19,969 20,469 Employee Relations Manager (CMM) 01781 11,319 11,598 11,886 12,187 12,494 12,805 13,124 13,455 13,790 14,134 14,488 14,850 15,220 15,599 15,990 16,391 16,799 Human Resources Operations Manager (CMM) 01551 11,319 11,598 11,886 12,187 12,494 12,805 13,124 13,455 13,790 14,134 14,488 14,850 15,220 15,599 15,990 16,391 16,799 Senior Assistant City Attorney ‐ Employee
Relations (Excepted) (CMM) 01631 13,124 13,455 13,790 14,134 14,488 14,850 15,220 15,599 15,990 16,391 16,799 17,222 17,652 18,093 18,541 19,007 19,482

EFFECTIVE JULY 12, 2026 TO JULY 10, 2027

JOB TITLE JOB
CODE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 Assistant Director of Human Resources (CMM) 01836 12,994 13,317 13,649 13,993 14,342 14,699 15,068 15,444 15,829 16,223 16,630 17,047 17,471 17,911 18,358 18,817 19,283 Chief Assistant City Attorney ‐ Employee
Relations (Excepted) (CMM) 01651 14,342 14,699 15,068 15,444 15,829 16,223 16,630 17,047 17,471 17,911 18,358 18,817 19,283 19,767 20,261 20,768 21,288 Employee Relations Manager (CMM) 01781 11,772 12,062 12,361 12,674 12,994 13,317 13,649 13,993 14,342 14,699 15,068 15,444 15,829 16,223 16,630 17,047 17,471 Human Resources Operations Manager (CMM) 01551 11,772 12,062 12,361 12,674 12,994 13,317 13,649 13,993 14,342 14,699 15,068 15,444 15,829 16,223 16,630 17,047 17,471 Senior Assistant City Attorney ‐ Employee
Relations (Excepted) (CMM) 01631 13,649 13,993 14,342 14,699 15,068 15,444 15,829 16,223 16,630 17,047 17,471 17,911 18,358 18,817 19,283 19,767 20,261

EFFECTIVE JULY 11, 2027

JOB TITLE JOB
CODE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 Assistant Director of Human Resources (CMM) 01836 13,384 13,717 14,058 14,413 14,772 15,140 15,520 15,907 16,304 16,710 17,129 17,558 17,995 18,448 18,909 19,382 19,861 Chief Assistant City Attorney ‐ Employee
Relations (Excepted) (CMM) 01651 14,772 15,140 15,520 15,907 16,304 16,710 17,129 17,558 17,995 18,448 18,909 19,382 19,861 20,360 20,869 21,391 21,927 Employee Relations Manager (CMM) 01781 12,125 12,424 12,732 13,054 13,384 13,717 14,058 14,413 14,772 15,140 15,520 15,907 16,304 16,710 17,129 17,558 17,995 Human Resources Operations Manager (CMM) 01551 12,125 12,424 12,732 13,054 13,384 13,717 14,058 14,413 14,772 15,140 15,520 15,907 16,304 16,710 17,129 17,558 17,995 Senior Assistant City Attorney ‐ Employee
Relations (Excepted) (CMM) 01631 14,058 14,413 14,772 15,140 15,520 15,907 16,304 16,710 17,129 17,558 17,995 18,448 18,909 19,382 19,861 20,360 20,869

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Planning and Building Agency
www.santa-ana.org/planning-and-building/
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 7, 2025
TOPIC: The Village Santa Ana Specific Plan – Second Readings for Amendment Application and Development Agreement Ordinances (1561 W. Sunflower Avenue)

AGENDA TITLE
Second Readings for Amendment Application No. 2025-01 and Development Agreement No. 2025-01 Ordinances for The Village Santa Ana Specific Plan Project Located at 1561 W. Sunflower Avenue.

Legal notices published in the OC Reporter on September 19, 2025.

RECOMMENDED ACTIONS

1.Conduct a second reading and adopt an ordinance approving Amendment Application No. 2025-01 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NS-3086 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2025-01 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO

APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY
LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC
DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP-6)

2. Conduct a second reading and adopt an ordinance approving Development Agreement No. 2025-01.

ORDINANCE NO. NS-3087 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025-01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE

CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL

PARTNERSHIP

3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the ordinances’ second readings are covered by the Final Supplemental Environmental Impact Report (SEIR) No. 2025-01 (SCH No. 2020029087), including environmental findings of fact pursuant to the California Environmental

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The Village Santa Ana Specific Plan Ordinances Second Readings (1561 W. Sunflower Avenue)
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Quality Act, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program that were certified and adopted by the City Council on September 16, 2025 for the Project (Notice of Determination filed on September 18, 2025).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
At its September 16, 2025, regular meeting, the City Council held a public hearing and considered the staff report, recommendations by staff, and public testimony concerning the subject applications. Following closure of the public hearing, City Council unanimously approved the subject applications by a vote of 7-0 and requested the following modifications to the Specific Plan:

1. Amend figures 3-5 (Circulation Network) and 3-15 (Conceptual Pedestrian Network) and Chapter 6 (Administration and Implementation) to require the installation of the two traffic signals along Bear Street to be constructed within 24 months of the effective date of ordinance approving AA No. 2025-01.

2. Amend Figure 3-8b (Bear Street Proposed Cross-Section) to reflect the same configuration of landscape, sidewalk, parkway, Class IV bike lane, and landscape buffer between bike lane and vehicle lane as shown in Figure 3-6B (Sunflower Avenue Proposed Cross-Section) and allow a reduction in vehicle lane from 15 feet to 11 feet, as needed, to accommodate such improvements.

3. Amend Figure 3-13 (Proposed Loading Zone) to indicate and show no commercial loading along Bear Street, Sunflower Avenue, and Plaza Drive.

4. Amend Figure 3-16 (Conceptual Bicycle Network) to indicate a Class IV bike lane along Bear Street.

5. Amend Table 4-1 (Permitted Uses) to require a Conditional Use Permit for hotels.

These modifications have been included in the updated Specific Plan that is posted to the City’s project webpage and redlines have been included in this staff report as Exhibit 3.

As the requested entitlements include two ordinances, pursuant to Section 413 of Division 2 of Article IV (City Council) of the City’s Charter, they require second readings.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the ordinances’ second readings are covered by the Final Supplemental Environmental Impact Report (SEIR) No. 2025-01 (SCH No. 2020029087), including environmental findings of fact pursuant to the California Environmental Quality Act, the Statement of Overriding Considerations, and

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The Village Santa Ana Specific Plan Ordinances Second Readings (1561 W. Sunflower Avenue)
October 7, 2025

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the Mitigation Monitoring and Reporting Program that were certified and adopted by the City Council on September 16, 2025 for the Project (Notice of Determination filed on September 18, 2025).

FISCAL IMPACT
There is no fiscal impact associated with the approval of the subject ordinances’ second readings.

EXHIBITS

1. Amendment Application Ordinance

2. Development Agreement Ordinance

3. Redlines to Specific Plan

4. Link to Updated (Clean) The Village Santa Ana Specific Plan and Appendices

5. Link to Final Supplemental Environmental Impact Report

6. Link to September 16, 2025 City Council Public Hearing Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager

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Ordinance No. NS-XXX

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ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AMENDMENT APPLICATION NO.
2025-01 TO ESTABLISH THE VILLAGE SANTA ANA

SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE
FOR THE PROJECT SITE GENERALLY LOCATED AT 1561
W. SUNFLOWER AVENUE, F ROM SP ECIFIC
DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA
SPECIFIC PLAN (SP-6)

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

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

A. Justin McCusker , on behalf of South Coast Plaza, a California general partnership (“Applicant” and “Property Owner”), is seeking approval of various entitlements to facilitate the redevelopment of a 17.2 -acre site into a mixed-use urban village (“Project”).

B. The project site is located along the southern edge of the City of Santa Ana (“City”), on the northeast corner of West Sunflower Avenue and South Bear Street, transected by South Plaza Drive. The project site includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W. Sunflower Avenue; 3820, 3840, and 3951 S. Plaza Drive ; and 3811 and 3851 S. Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451-01, 412- 451-02, 412-451-03, and 412 -451-04), collectively referred to as 1561 W.

Sunflower Avenue (“Project Site”).

C. The Project entitlements include Amendment Application (AA) No. 2025-01 to establish The Village Santa Ana Specific Plan (Specific Plan No. 6 (SP - 6)) and to approve a zone change for the Project Site from Specific Development No. 48 (SD-48) to SP-6; Vesting Tentative Tract Map (VTTM) No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six buildable lots; and Development Agreement (DA) No. 2025-01 outlining terms and conditions for the Project.

D. The Project entails, among other things, (1) demolition of the existing structures on the Project Site and (2) redevelopment of the Project Site into an urban village containing up to 1,583 residential units, 80,000 square feet of commercial /retail space, and 300,000 square feet of office space, including 7.5 acres of publicly accessible open space and on -site parking and landscaping.

E. The Project Site is currently zoned as SD-48 and has a General Plan (GPU) land use designation of District Center–High (DC-5).

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F. The Applicant is requesting approval and adoption of AA No. 2025-01 to (1) establish SP-6 and (2) approve a zone change for the Project Site from SD- 48 to SP-6.

G. Pursuant to sections 41-592 and 41-667 of the Santa Ana Municipal Code (SAMC), approval of a specific plan and a zone change require approval of an ordinance by the City Council, with the Planning Commission serving as advisory body.

H. Pursuant to Section 41 -667 of the SAMC, the City Council must hold a hearing before approving any proposed zone changes, including changes to any sectional district maps.

I. Pursuant to sections 41 -664 and 41 -666 of the SAMC, prior to being submitted to the City Council, a public hearing on a proposed zone change must be held before the Planning Commission and the Planning Commission must transmit its recommendation on the proposed zone change to the City Council.

J. On August 1 1, 2025, the Planning Commission of the City of Santa Ana held a duly -noticed public hearing on the entirety of A A No. 202 5-01, including both the proposed adoption of SP-6 and the proposed zone change for the Project Site, recommending approval of AA No. 2025-01 to the City Council.

K. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the entirety of AA No. 2025- 01, including both the proposed adoption of SP-6 and the proposed zone change for the Project Site, is consistent with the GPU, including, but not limited to, its goals and policies, as follows:

The Project implements the vision and objectives of the South Bristol Street Focus Area (SBSFA) by transforming an auto -oriented shopping center to a walkable, bike-friendly, and transit-friendly urban village that incorporates a mix of high -intensity office and residential living with experiential commercial uses. The Project is consistent with the allowed intensity and density of the DC-5 land use designation of the GPU. The Project also supports several goals and policies of the GPU. Specifically, the Project is consistent with the following goals and policies:

• Policy CM-1.6 (Recreation on Priva te Property) of the Community Element, of promoting development and use of privately -owned recreation and entertainment facilities that help meet the needs of Santa Ana residents as the Project would include publicly accessible open space that would be mad e available to the general public through an irrevocable public access easement with the City and would remain in effect through the life of the Project.

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• Policy CN -1.6 (New and Infill Residential Development) of the Conservation Element encourages devel opment that is mixed use, pedestrian friendly, transit oriented, and clustered around centers.

The Project would introduce a mixed -use urban village and encourage experiential commercial uses that are more walkable, bike-friendly, and transit -oriented. The Project would create a commercial core providing for sufficient local serving and destination retail uses, residential opportunities, workplaces, and entertainment amenities to enable residents and shoppers to reduce reliance on the automobile.

• Policy EP-3.4 (Complete Communities) of the Economic Prosperity Element encourages the development of “complete communities” that provide a range of housing, services, amenities, and transportation options that support the retention and attraction of skilled workforce and employment. The Project would implement the vision of the SBSFA of creating an urban village that includes a range of uses. The Project would promote a business-friendly environment where businesses thrive and would facilitate a “complete community” with a range of housing, services, and amenities and transportation options to support the retention and attraction of a skilled workforce and employment base.

• Policy HE -1.5 (Infrastructure and Public Services) of the Housing Element (HE) encourages t he development of quality community facilities, physical infrastructure, traffic management and parking control, and other public services to promote the livability, safety, and vitality of neighborhoods. The Project would provide safe access points for pe destrians and bicyclists and would include new traffic signals along Bear Street and Plaza Drive to improve traffic management. The P arking Management Plan would also assist in controlling parking impacts.

• Policy HE -2.6 (Housing Design) of the HE require s excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive (“green”) building and design practices. One primary objective of SP -6 is to bring high quali ty design to the Project Site, focusing on green standards, durable materials and visual integrity and timeless architecture. The Project would incorporate quality design, from the larger design of the commercial and residential structures to the small det ails of materials, landscaping, pedestrian network, and communal gathering spaces.

• Policy LU-2.1 (Employment Opportunities) of the Land Use Element (LU) encourages a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. The Project would include a mix of land uses that will serve

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as a catalyst for reinvestment, stimulate economic activity, commerce, and new development opportunities in and around the SBSFA. The Project would also have a positive contribution to the local economy through new capital investment, the creation of jobs, and the expansion of the tax base through the Project’s long -term investment and commitment to the City of Santa Ana.

• Policy LU-2.3 (Supportive Spaces) of t he LU element encourages providing a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues. One of the primary goals of the Project is to foster a neigh borly environment where residents can live, work, and recreate in a vibrant village community. The Project would encourage walkability, safety, shopping and dining and would create community centric spaces for residents of all ages and abilities.

• Policy LU-2.10 (Smart Growth) of the LU element emphasizes focusing high density residential in mixed -use villages, designated planning focus areas, downtown Santa Ana, and along major travel corridors. The Project is located with the SBSFA, a planned focus area. The Project would achieve the vision of the SBSFA of creating high density housing within and along a mixed-use village that would be the hub of activity, designed as a park -like setting that would create an intimate and relaxing environment.

• Policy M-1.2 (Balanced Multimodal Network) of the Mobility Element encourages providing a balanced and equitable multimodal circulation network that reflects current and changing needs. The Project would accommodate a variety of transportation within and to/from the Project Site, including automobiles, walking, bikes, and rideshare. The Project would include an internal pedestrian network providing multiple access points along Bear Street, Sunflower Avenue, and Plaza Drive. Additionally, the Project would include for new bike lanes through and around the Project Site and bicycle parking stations.

• Policy OS-1.9 (New Development) of the Open Space (OS) Element requires all new development to provide adequate parks and open space, including via parkland dedication o r development fees, in order to meet the City’s Park standard. Ensure that new development includes pedestrian and multi-modal travel ways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. The Project would provide approximately 7.5 acres of publicly accessible open space, consisting of both active and passive open space that would be open to the general public through an irrevocable public access easement with the City and would remain in effect through the life of

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the Project. Additionally, the Project would require 90 square feet of private open space and 100 square feet of active or passive op en space per unit. The Project also prioritizes open space as a key placemaking feature of the development.

• Policy OS-2.1 (Recreation Variety) of the OS element encourages a variety of recreation facilities and activities to meet the diverse needs of the community. It also encourages the need for indoor and outdoor recreation opportunities, as well as traditional and trending activities.

The Project would feature key open space areas. The Promenade has been designed to draw pedestrians from the residentia l area west of Bear Street, South Plaza Drive, and beyond to create a distinct destination along Sunflower Avenue. The Square is intended to be an intimate hub for public gathering, events, and relaxation from day to night. Various seating areas, water features, and experiential lighting and art are envisioned to activate the Square. A Fitness Loop would encircle and thread through the Project Site and include special markers to provide a continuous fitness path for residents and neighbors. The Recreation Lawn has been designed as an area where the community and their pets can gather and relax in a low - water-grass space.

Moreover, the Project is consistent with and supports Implementation Action No. LU -2.12 (Distinctive Districts) of the LU that requires th e development and adoption of specific plans or corridor plans for each of the five focus areas that establish regulations and design standards. A full list of all applicable General Plan goals and policies that support the Project are attached hereto as Exhibit A and incorporated herein by this reference.

L. The City Council has weighed and balanced the G eneral Plan’s goals and policies and has determined that, based upon this balancing, the Project at 1561 W. Sunflower Avenue and AA No. 2025 -01, including SP -6 and the zone change, are consistent with the purpose of the General Plan.

M. The City Council also adopts as findings all facts presented in the Request for City Council Action dated September 1 6, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. For these reasons, and each of them, A A No. 202 5-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity convenience and general welfare.

Section 2. The City prepared a Draft Supplemental Environmental Impact Report (SEIR) that analyzed the Project’s environmental impacts in accordance with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., CEQA), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the CEQA Guidelines), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 52 days between April 17, 2025, and June 9, 2025. The document was made available online at the City’s website and available for review at City

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Hall and the S outhwest Senior Center in hard c opy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 4, 2025. The Final SEIR is attached hereto as Exhibit B and incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein.

Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves the AA No. 2025-01, and specifically, approves and adopts The Village Santa Ana Specific Plan (SP -6), a true and correct copy of which is attached hereto as Exhibit C and incorporated herein by this reference. This approval is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 16, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, also hereby approves the zone change for the Project Site from SD-48 to The Village Santa Ana Specific Plan (SP -6), as set forth in Amended Sectional District Map No. 35 -5-10, a true and correct copy of which is attached hereto as Exhibit D and incorporated herein by this reference. This approva l is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 1 6, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

Section 5. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings.

Section 6. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development Project by taking the necessary steps and following the procedures established by sections 66020 through 66022 of the California Government Code.

Section 7. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, wri ts of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or

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annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning th e Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shal l reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 8. 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.

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: _______________________________________ ABSENT: Councilmembers: _______________________________________ ABSTENTIONS: Councilmembers: _______________________________________

City Council
18 –
10 10/7/2025

Ordinance No. NS-XXX

Page 8 of 8 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.

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

Date: _______________ _________________________
Jennifer L. Hall
City Clerk
City of Santa Ana

City Council
18 –
11 10/7/2025

City Council
18 –
12 10/7/2025

The Village Santa Ana Specific Plan - August 2025
Policy Plan Consistency
Land Use Element
POLICY LU- 1.8 DEVELOPMENT TRADEOFFS
Ensure that new development projects provide
a net community benefit.

The Specific Plan increases housing for the City while
providing publicly accessible open space and expanding
retail/commercial options. The Plan will create a space for shopping, dining and recreation as well as encourage walkable connections to the great South Coast shopping
area.

POLICY LU-1.9 PUBLIC FACILITIES AND

INFRASTRUCTURE
Evaluate individual new development proposals
to determine if the proposals are consistent
with the General Plan and to ensure that they
do not compound existing public facility and
service deficiencies.

Chapter 3, Development Plan provides the proposed
infrastructure plan to support development of the Village which will not compound existing public facility and service deficiencies.

POLICY LU-2.1 EMPLOYMENT

OPPORTUNITIES
Provide a broad spectrum of land uses
and development that offer employment
opportunities for current and future Santa Ana
residents.

Chapter 2 and Chapter 3, the Plan provides for a mixed-use development that will increase housing and job opportunity, in accordance with the General Plan and the designated
focus area. The Plan will create new spaces for a variety of commercial and retail uses.

POLICY LU-2.3 SUPPORTIVE SPACES
Provide a diversity of land uses that support
residents, visitors, and businesses, such as
open space, areas for community gatherings,
and outdoor entertainment venues.

Chapter 2, one of the primary goals of the Plan is to foster a neighborly environment where residents can live, work, and recreate in a vibrant village community. Through a variety of land uses, and plans to encourage walkability, safety, shopping and dining the Plan will create community centric spaces for residents of all ages and abilities.

POLICY LU-2.5 BENEFITS OF MIXED-USE
Encourage infill mixed-use development at all
ranges of affordability to reduce vehicle miles
traveled, improve jobs/housing balance, and
promote social interaction
Chapter 2 and 3, A primary focus of the plan is to transform conventional auto-oriented shopping plazas into dynamic nodes of activity that blend healthy living, working,
shopping, and dining in a contemporary village environment.

Increasing housing opportunities adjacent to retail and commercial centers encourages residents to walk or bike for essential shopping needs.

POLICY LU-2.10 SMART GROWTH
Focus high density residential in mixed-use
villages, designated planning focus areas,
Downtown Santa Ana, and along major travel
corridors.

Chapter 2, The plan is designated in the Bristol Street focus area. The new development will achieve the vision to create high density housing within and along mixed- use villages. As noted by the Guiding Principles, in Chapter 2, unlike traditional commercial centers dominated by surface parking, this neighborhood village will be the hub of activity, designed within a parklike setting that creates an intimate and relaxing environment.

City Council
18 –
13 10/7/2025

Appendix B: General Plan Consistency
Policy Plan Consistency
POLICY LU-4.1 COMPLEMENTARY USES
Promote complete neighborhoods by
encouraging a mix of complementary uses,
community services, and people places within a
walkable area.

Chapter 2 and 3, the Village Santa Ana is a mixed use village with a thoughtfully designed site plan that focuses on
balance and seamless integration of different uses. A mix of residential, retail, and office, provide a variety of options for future residents. The plan provides outdoor space
both shared and privately and people who visit or live at the Village will find a multitude of unique outdoor spaces for strolling, reading, dining, meeting friends, exercising, and enjoying outdoor recreation. Additionally, rooftops, terraces, and balconies that face the park overlook the activities at the ground level and offer an array of amenities for residents.

POLICY LU-4.6 HEAL THY LIVING CONDITIONS
Support diverse and innovative housing types
that improve living conditions and promote a
healthy environment.

Proximity to essential resources, outdoor and recreational space and sustainable materials and practices create healthy living environments for existing and future residents. The Plan will implement a variety of these practices through land use, design and thoughtful planning. The new development will aim to protect and care for the land. Best practices for reduced energy and water consumption, sustainably
sourced materials, and integration of pervious surfaces along with thoughtful plant selection will support on-
site water retention for this green village community.

Additionally, many units were strategically placed to face open spaces and areas, created a garden unit feel.

FIGURE LU-2 SPECIAL PLANNING AREAS
The property is a part of Focus Area #5: South
Bristol street.

The property is a part of one of the five new focus areas: #5 South Bristol Street. Discussion of inclusion in this Focus Area is covered in Chapter 1, Introduction. Additional details of how the Plan is consistent with the South Bristol Street focus area are outlined below.

TABLE LU-2. BUILDOUT TABLE
Focus
Area Existing Housing Units Existing Jobs
South
Bristol
Street
220 3,337
Future Est. Housing Units Future Est. Jobs
5,272 7,855
The South Bristol Street focus area is planned to
accommodate a large amount of housing and employment.

The VSA project fits within the projected growth for South Bristol Street. A maximum of 1,583 units are permitted
along with up to 80,000 square feet of commercial use
and 300,000 square feet of office use. The mix of housing, directly adjacent to commercial and office use will bring a variety of jobs to the plan area and potentially increase the number of residents who are able to walk or bike to work.

FIGURE LU-4 DENSITY AND INTENSITY MAP
The property site is designated as DC-5 which
means District Center-High with a maximum
density/intensity of 5.0 FAR and/or 125 du/ac
and typical max height of 25 stories.

The density and intensity (du/acre and FAR) of Chapter 4, Development Standards are consistent with the DC-5 Land use Designation: 5.0 FAR and/or 125 du/ac, up to 25 stories.

City Council
18 –
14 10/7/2025

The Village Santa Ana Specific Plan - August 2025
Policy Plan Consistency

LU DESIGNATION- DISTRICT CENTER
The District Center land use designation
provides for distinctly urban retail, residential
mixed-use, and employment centers that
are well connected to public transportation.

It includes the city’s primary activity centers
and opportunities for new urban-scale
development.

This designation allows a mix of uses,
including medium, medium-high, and urban
density condominiums, apartments, and
townhomes; professional offices; multilevel
corporate offices; retail and commercial
services; and cultural, education, recreation,
and entertainment uses. Mixed-use projects
are allowed in both horizontal configurations,
with commercial and residential uses side by
side, and vertical, with commercial uses on the
ground floor and residential above.

The mixed-use land use plan and permitted uses per Chapter 4, Development Standards, are consistent with the uses
described for the District Center designation. The Specific Plan will implement the appropriate development and
design standards associated with these land uses to ensure development and growth that is consistent with the District Center Land Use goals.

LU FOCUS AREA- SOUTH BRISTOL
The South Bristol Street Focus Area represents
Santa Ana’s southern gateway and is a part
of the successful South Coast Metro area.

Between Sunflower and Alton Avenues, the
District Center land use designation will create
opportunities to transform auto-oriented
shopping plazas to walkable, bike-friendly, and
transit-friendly urban villages that incorporate a
mix of high intensity office and residential living
with experiential commercial uses.

Focus Area Objectives:
• Capitalize on the success of the South
Coast Metro area
• Introduce mixed-use urban villages and
encourage experiential commercial uses
that are more walkable, bike friendly, and
transit oriented.
• Realize an intense, multistory presence
along the corridor
• Provide for mixed-use opportunities while
protecting adjacent, established low
density neighborhoods
The Village Santa Ana Specific Plan implements the vision for a walkable, urban village. The Plan meets the objectives in the following ways:
• Capitalize on the success of the South Coast Metro
area- The Village’s location at the corner of Sunflower and Bear integrates uses with village scale retail and
multi-family living that complement adjacent retail and residential uses.
• Introduce mixed-use urban villages and encourage
experiential commercial uses that are more walkable,
bike friendly, and transit oriented . The Specific Plan incorporates all aspects of this objective into the Plan as especially demonstrated in Chapter 3, Development
Plan.
• Realize an intense, multistory presence along the
corridor- Chapter 4 Development Standards details
the requirements for a variety of height, setbacks, and stepbacks along Sunflower and Bear contributing to the
corridor/district.
• Provide for mixed-use opportunities while protecting
adjacent, established low density neighborhoods- As
identified in Chapter 4, Development Standards, the
Village provides a mix of uses that are compatible
with the adjacent properties. The standards also
require height, stepbacks, setback and landscaping
requirements that provide certainty for the placement
and scale of future buildings.

City Council
18 –
15 10/7/2025

Appendix B: General Plan Consistency
Policy Plan Consistency
Housing
POLICY HE-1.5 INFRASTRUCTURE AND

PUBLIC SERVICES
Provide quality community facilities, physical
infrastructure, traffic management and
parking control, and other public services to
promote the livability, safety, and vitality of
neighborhoods.

Chapter 3 describes the Mobility and Infrastructure plan for the Village. Parking, accessibility, and multi-modal transportation were key considerations when developing
the project. The plan ensures a variety of safe access points for pedestrians and bikers as well as considers the flow of traffic for ingress and egress points on Sunflower Blvd and Bear St. The plan provides a proposed traffic signal where Bear and S Plaza Dr. intersect as well as two new traffic signals along S Plaza Dr. to ensure safe driving speed and pedestrian crossing.

POLICY HE-2.3 URBAN VILLAGES
Create higher intensity, mixed-use urban
villages and pedestrian-oriented experiences
that access and support the office
centers, commercial services, and cultural
activities within District Centers and Urban
Neighborhood designated areas.

The Village will provide up to 1,583 units in a variety of sizes for various household types. The plan integrates
high density housing with new shopping, dining and
entertainment opportunities. The plan includes public
art requirements, human scale design and landscaping
and walking and biking paths throughout the plan area.

Connecting future residents to the South Bristol Corridor and nearby cultural, retail, and entertainment destinations is a primary focus of the plan, truly integrating residents into the local scene.

POLICY HE-2.6 HOUSING DESIGN
Require excellence in architectural design
through the use of materials and colors,
building treatments, landscaping, open space,
parking, and environmentally sensitive (“green”)
building and design practices.

One primary objective of the plan is to bring high quality design to the project, focusing on green standards, durable materials and visual integrity and timeless architecture.

Additionally, Chapter 5 of the Specific Plan outlines the design guidelines and standards for the project. The Plan incorporates quality design throughout the project area, from the larger design of the commercial and residential structures to the small details of materials, landscaping, pedestrian network, and communal gathering spaces.

Chapter 5 ensures the project will be built to create a sense of place and address the various aspects of site planning, architecture, and design.

POLICY HE-4.4 SERVICE-ENRICHED HOUSING
Support the provision of supportive services
and service-enriched housing for persons with
special needs, such as seniors, disabled people,
homeless people, families, veterans, and people
with medical conditions.

As a part of the plan, a range of senior housing is permitted.

Chapter 4 of the plan specifies that both senior housing and senior care facilities are permitted in the project.

Senior housing within apartments provides benefits such as localized access to markets and essential retail as well as community-oriented living and walkable spaces.

POLICY HE-4.5 HEAL THY HOMES
Support efforts to make homes healthier by
addressing health hazards associated with lead-
based paint and soil, asbestos, vermin, mold,
VOC-laden materials, and prohibiting smoking
in multi-family projects, among others.

Among the high-quality design of the project is an
emphasis on high quality materials. Project materials will be in accordance with the requirements of the California Building Code. The residential design focuses on integrating households into a green and healthy community.

City Council
18 –
16 10/7/2025

The Village Santa Ana Specific Plan - August 2025
Policy Plan Consistency
Urban Design
POLICY UD-1.1 DESIGN QUALITY
Ensure all developments feature high quality
design, materials, finishes, and construction.

Guiding Principal #2 of the Plan focuses on timeless design stating that through human- scale design elements,
selection of warm materials, four- sided architecture, and places for terrace gardens and green walls, the design of the buildings will work holistically with the landscaping and parklike village atmosphere. Additionally, the plan identifies both thoughtful and high-quality design elements throughout Chapter 5. Regarding landscape design, the
design guidelines will require a variety of materials for accessibility and permeability. Furnishings and decorative details will require high quality and durable materials that provide visual variety per section 5.5.1 of the Plan.

Additionally, Building and architectural materials should be high quality and approved for use in the California Building Code.

POLICY UD-1.2 PUBLIC ART
Require public art as part of major
developments and the public realm
improvements.

Public art contributes significantly to the public experiences and identity of a place and is a primary focus of the design and details of the project area. Chapter 5, section 5.4.5 outlines the standards and requirements of public art in the plan area. All requirements are consistent with the General Plan’s guidelines for public art. Additionally, public art should be consistent and complimentary to the design of the
structures as well constructed using durable materials to allow for longevity. The plan requires public art to support and complement the public experience and will inhibit
accessibility of any uses on site.

POLICY UD-1.5 ATTRACTIVE PUBLIC SPACE
Encourage community interaction through
the development and enhancement of plazas,
open space, people places, and pedestrian
connections with the public realm.

The core of the plan areas focuses on accessible, and activity shared open space. Through high quality design, use of
landscaping and greenery and community gather features
(i.e. Benches), the central portion of the plan will encourage public engagement with the site. Chapter 5 of the plan
implements design guidelines which are reflective of Santa Ana’s focus on engaging and beautiful public environments.

The location of the plan area provides ease of connection to the Arts Center to the east and South Coast Plaza to the South. The focus on walkable urban form and accessible
space will allow for complete and connected circulation for pedestrians and cyclists.

POLICY UD-4.2 IMAGE MAKING THROUGH

ARCHITECTURE
Promote development within nodes to reflect
the significance of the area and cultivate a
positive image of Santa Ana through high
quality architecture.

The Village will create a place of destination, filled with vibrant and innovative design to reflect the growing Santa Ana city. The proximity to the South Coast Plaza, Performing Arts Center and Recently established Art Museum adds
the cultural vitality of the project area. The project will integrate warm and timeless architectural design, public art and walkable gather spaces to create a desirable village and establish a sense of place for residents and visitors.

City Council
18 –
17 10/7/2025

Appendix B: General Plan Consistency
Policy Plan Consistency
POLICY UD-4.3 ACTIVE OPEN SPACES
Ensure architectural and landscape design
activates open space as a means to promote
community interaction and enhance the
aesthetic quality of development.

Guiding Principle #3 of the plan encourages and envisions a multitude of unique outdoor spaces for strolling, reading, dining, meeting friends, exercising, and playing. The retail village common areas may be programmed for recurring
activities such as movie nights, seasonal events, exercise options such as outdoor yoga, family nights, and other
opportunities for nearby residents. The use of public art, programming, circulation and mobility design as well as high quality materials support the Plan’s ability to create an activated and engaged shared outdoor space.

POLICY UD-4.4 VIBRANT STREET LIFE
Encourage development within nodes that
promotes pedestrian activities, enhanced
amenities, and engaging designs that allow for
discovery, excitement, and social interaction.

Guiding Principal #5 of the plan states new residential and commercial buildings will orient toward the streets and retail village and provide easy access for pedestrians. The streetscape and building setbacks along Sunflower Avenue, South Plaza Drive, Bear Street, and internal project roads will be designed with a cohesive palette of drought-tolerant plants with unique characteristics, brightly colored flowers, and a mix of succulents and trees. Additionally, Principal #4 states that the Village Santa Ana will be an extension of the art walk, showcasing art works in the form of landscaping, stand-alone art pieces, and local artisan retail. Distinctive architecture and high-quality materials will contribute to the character of the Village.

Chapter 4 Land Use and Chapter 5 Design Guidelines also ensure a harmonious layout of landscaping, open space,
walkways and structures.

POLICY UD-5.1 BUILDING PRESENCE AT

INTERSECTIONS
Create a strong presence at focus intersections
by locating intense building mass and open
space areas along the street that include high
quality design and materials.

The Intersection at Bear Street and Sunflower Avenue is one of the key northern entrances to the South Coast Plaza area; and therefore, should represent the vibrancy of the area.

The architecture and design for the Village should consider the Southern California environment and indoor/outdoor
lifestyle as well as the design aesthetic of the adjacent South Coast Metro area. Chapter 5 encourages a contemporary
architectural style, where buildings are different yet
complementary. Towers should create a unique identity
within the overall development where residential lobbies are visible from the street and façade treatments are applied visible sides, creating consistent frontage and design.

POLICY UD-6.4 DECORATIVE FEATURES
Promote coordinated landscaping and
decorative features in projects near landmarks
that appropriately enhance the vicinity and do
not create visual clutter.

The use of lighting and landscaping will be used to create cohesive and usable features in the plan area. The use of decorative lighting treatments in landscaping, pedestrian activity areas, and nodes and entryways support an
enhanced pedestrian experience. Additionally, the plan
aims to utilize outdoor furnishing and amenities to denote community gathering spaces while paving and landscaping denotes walkways and bikeways.

City Council
18 –
18 10/7/2025

The Village Santa Ana Specific Plan - August 2025
Policy Plan Consistency
Open Space
PO LICY OS-1.9
Require all new development to provide
adequate parks and open space, including via
parkland dedication or development fees, in
order to meet the City’s Park standard. Ensure
that new development includes pedestrian and
multi-modal travel ways to promote a quality
living environment. For new development
within park deficient and environmental justice
areas, prioritize the creation and dedication
of new public parkland over the collection of
impact fees.

The Specific Plan provides for approximately 7.5 acres of publicly accessible open space, consisting of both active and passive open space. Additionally, the Plan requires 90 square feet of private open space and 100 square feet of active or passive open space per unit . The requirements for open space in VSA are consistent with the General Plan’s requirements. The plan also prioritizes open space as a key placemaking feature of the development.

POLICY OS-2.1
Provide a variety of recreation facilities and
activities to meet the diverse needs of the
community. Consider needs for indoor and
outdoor recreation opportunities, as well as
traditional and trending activities.

Chapter 3 of the Plan outlines the key features of the open space layout and site plan. The features are shown in Figure 3-3 of the plan and described below:
• The Promenade draws pedestrians from the residential
area west of Bear Street, South Plaza Drive, and beyond to create a distinct destination along Sunflower Avenue.

Wide sidewalks with extensive planting, lighting, and art weave connections to the amenities and gardens of the
Village.
• The Square is intended to be an intimate hub for public gathering, events, and relaxation from day to night.

Various seating areas, water features, and experiential lighting and art are envisioned to activate the Square.

This area can be programmed for large events such as
outdoor yoga and fitness classes, parties, markets, and outdoor movie nights. Restaurant patios contribute to a lively village vibe.
• Garden Paseos create a uniquely immersive experience
along the edges and entries of the Village. These paseos heighten the sense of botanical bounty in Southern
California, further promoting gathering and activity.
• The Garden Strolls let residents and the public take
a break from the bustle of the village square and
streetscape. These areas are packed with shade trees
and native planting and provide space for recreation as well as immersive seating areas throughout.
• A Fitness Loop encircles and threads through the site with special markers to provide a continuous fitness
path for residents and neighbors.
• The Recreation Lawn is an area where the community
and their pets can gather and relax in a low-water-grass space.
• Architectural features such as the Grand Stairs connect outdoor open space up to the building, creating a unique area for relaxing, meeting up with friends, or exercising.

City Council
18 –
19 10/7/2025

Appendix B: General Plan Consistency
Policy Plan Consistency
POLICY OS-2.6
Design and develop parks, greenspace, and
trail corridors to support community respite,
wellness, and the mental health benefits found
in connections to nature.

As outlined in Figure 3-3, the open space plan connects residents to one another through private open space
designations and connects the public to various restaurants, retail and public open space areas throughout and around the edge of the plan. With a focus on accessibility, the use of durable materials, features and amenities encourage
community gathering for rest, relaxation and play.

POLICY OS-2.12
Ensure that parks and recreation facilities
incorporate placemaking elements that foster
social connections and community pride such
as art, landscaping, murals, and amenities and
facilities that reflect site character and local
needs.

Core principles for open space focus on community
experience and connectivity. Circulation of the open space drifts across the site, anchored by an immersive garden experience. Additionally, the plaza space is composed of programmed nodes connected by varying types of pathways and seating, as well as public art. The use of programming, such as farmers markets, pop-ups and other events create a sense of place and destination for the community at large.

Lighting, features and amenities emphasize key open spaces within the plan and create an inviting and safe place for people.

Mobility
POLICY M-1.2 BALANCED MUL TIMODAL

NETWORK
Provide a balanced and equitable multimodal
circulation network that reflects current and
changing needs.

Chapter 3 of the Plan contains the mobility network for the Project area. Figure 3-16 and Figure3-17 display the pedestrian circulation network and the bicycle circulation network respectively. The plan accommodates a variety of transportation within and to/from the plan area, including automobiles, walking, bikes, and rideshare. The internal pedestrian network provides multiple access points along Bear St. Sunflower Blvd, and S Plaza Dr.

Additionally, the plan proposes four new bike lanes through and around the site, including the following:
• Proposed Class I bike path along Bear St.
• Proposed Class IV bike route along Sunflower Ave.

The plan will also accommodate increased bike usage by
providing three bike parking stations.

POLICY M-5.1 ENHANCED STREET DESIGN
Improve the beauty, character, and function of
travel ways with amenities such as landscaped
parkways and medians, bike lanes, public art,
and other amenities.

Landscaped guidelines for parkways, walkways and medians are outline in Chapter 5 of the Specific Plan. The use of public art, materials and texture variety, plants, and greenery adjacent to and integrated within walkways and bikeways elevates the environment and experience. Chapter 5
encourages the use of landscaping to draw visual interest, increase safety, bring color and shade to walking paths and to improve the urban environment.

City Council
18 –
20 10/7/2025

City Council
18 –
21 10/7/2025

The Final Supplemental Environmental Impact Report (SEIR), Environmental Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program for The Village Santa Ana Specific Plan (SP-6) are available:

Online on the City’s Project webpage at https://www.santa-ana.org/supplemental- environmental-impact-report-the-village-santa-ana-specific-plan/.

Physically at:

City of Santa Ana, Planning Division Counter
20 Civic Center Plaza, M-20
Santa Ana, CA 92701

Southwest Senior Center
2201 W. McFadden Avenue
Santa Ana, CA 92704

City Council
18 –
22 10/7/2025

City Council
18 –
23 10/7/2025

The Village Santa Ana Specific Plan (SP-6) and associated appendices are available:

Online on the City’s Project webpage at https://www.santa-ana.org/specific-plan-the- village-santa-ana/.

Physically at:

City of Santa Ana, Planning Division Counter
20 Civic Center Plaza, M-20
Santa Ana, CA 92701

City Council
18 –
24 10/7/2025

City Council
18 –
25 10/7/2025

A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO- FAMILY RESIDENCE - B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE- FAMILY RESIDENCE - OZ OVERLAY ZONE C1 - MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT - HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN
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Revised Date: October 7, 2025
Print Date: 11/20/24
Sectional District Map: 35-5-10

City Council
18 –
26 10/7/2025

Ordinance No. NS-XXX

Page 1 of 5 ends

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING DEVELOPMENT AGREEMENT
NO. 2025 -01 FOR THE VILLAGE SANTA ANA SPECIFIC
PLAN PROJECT GENERALLY LOCATED AT 1561 W.

SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA

ANA AND SOUTH COAST PLAZA, A CALIFORNIA

GENERAL PARTNERSHIP

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

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

B. The project site is located along the southern edge of the City of Santa Ana (“City”), on the northeast corner of West Sunflower Avenue and South Bear Street, transected by South Plaza Drive. The project site includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W. Sunflower Avenue; 3820, 3840, and 3951 S . Plaza Drive; and 3811 and 3851 S . Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451-01, 412- 451-02, 412-451-03, and 412 -451-04), collectively referred to as 1561 W.

Sunflower Avenue (“Project Site”).

C. The Project entitlements include Amendment Application (AA) No. 2025-01 to establish The Village Santa Ana Specific Plan (Speci fic Plan No. 6 (SP- 6)) and to approve a zone change for the Project Site from Specific Development No. 48 (SD-48) to SP-6; Vesting Tentative Tract Map (VTTM) No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six buildable lot; and Development Agreement (DA) No. 2025-01 outlining terms and conditions for the Project.

E. The City of Santa Ana (“City”) is authorized, pursuant to Government Code sections 65864 through 65869.5, to enter into development agreements with persons having legal or equitable interests in real property for the

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purpose of establishing certainty for both City and owner in the development process.

F. Because of the logistics, magnitude of the expenditure and considerable lead time prerequisite to planning and developing the Project, Applicant has proposed to enter into a development agreement concerning the Project (DA No. 202 5-01) to provi de assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the D A No. 2025-01, which assurance will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project.

G. On August 1 1, 2025, the Planning Commission of the City of Santa Ana held a duly -noticed public hearing on the proposed Project and recommended that the City Council approv e an ordinance approving DA No. 2025-01.

H. Entering into this DA No. 2025-01 would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the Property Owners to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process.

I. The Project and the use that the Applicant propose in connection with the Project have been extensively reviewed and considered by the City Council, and such proposed development and use have been found to accommodate the City’s recommendations and suggestions in order to protect the public’s interest to enhance the desirability of such proposed development and use. The terms and conditions of this DA No. 2025-01 are fair, just and reasonable, and the City Council has concluded that the pursuit of the Project will serve the interests of the City.

J. Based on the entire record before the City Council and all written an d oral evidence presented, the City Council finds DA No. 2025-01 in the public’s interest and results in substantial community benefits because it meets and facilitates the fulfillment of many of the City’s adopted General Plan “Issues, Goals and Policies” for each individual element, as further documented in the Ordinance of the City Council approving A A No. 2025-01 to establish The Village Santa Ana Specific Plan (SP-6) and approving the zone change from SD-48 to SP-6.

Section 2. The City prepared a Draft Supplemental Environmental Impact Report (Draft SEIR) that analyzed the Project’s environmental impacts in accordance with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., CEQA), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the CEQA Guidelines), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 52 days between April 17, 2025 and June 9, 2025. The document was made available online at the City of Santa Ana website and available for review at City Hall and the Southwest Senior Center in hard copy form. In

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response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 4, 2025. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitiga tion Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. Th e Resolution incorporates by reference the environmental find ings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein.

Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves DA No. 2025-01, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the City Manager and City Clerk to execute it on behalf of the City with such non -substantive changes as may be authorized by the City Manager and C ity Attorney. The City Clerk is hereby authorized and directed to cause DA No. 2025-01 to be recorded with the County Recorder’s Office.

Section 4. This Ordinance shall not be effective unless and until the City Council Resolution for Final SEIR No. 2025-01 (SCH No. 2020029087), the City Council Resolution for VTTM No. 202 5-06, the City Council Ordinance for AA No. 202 5-01, and the City Council Resolution to Overrule the Orange County/John Wayne Airport Land Use Commission’s determination of inconsistency are adopted and become effective. If said resolutions and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect.

Section 5. This Ordinance shall not be effective unless and until the City receives a fully executed copy of DA No. 2025-01. If the fully executed copy of the D A No. 202 5-01 is not received by the City Clerk within 30 days of the approval of this Ordinance by the City Council, then this Ordinance shall be null and void and have no further force and effect.

Section 6. The documents and materials associated with this Ordinanc e that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings.

Section 7. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development project by taking the necessary steps and following the procedures established by sections 66020 through 66022 of the California Government Code.

Section 8. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof , harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other

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procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including action s approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City sh all cooperate with Applicant in the defense of the Action.

Section 9. This Ordinance shall be effective thirty days after its adoption provided the conditions precedent set forth above have been satisfied. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code Section 65868.5, within 10 days following the entering into of the Development Agreement, as evidenced by full execution thereof, the City Clerk shall record with the Orange County Recorder a copy of the Development Agreement.

ADOPTED this _____ day of _______________, 2025.

_________________________
Valerie Amezcua
Mayor

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APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By: _________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.

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

Date: _______________ _________________________
Jennifer L. Hall
City Clerk
City of Santa Ana

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RECORDED AT REQUEST OF: )

)

AND WHEN RECORDED RETURN TO: )
City of Santa Ana )
20 Civic Center Plaza (M-30) )
Santa Ana, CA 92702 )
Attention: Clerk of the Council )
)
______________________________________________________________________________ Exempt from filing fees pursuant to Government Code §27383

DEVELOPMENT AGREEMENT NO. 2025-01

A DEVELOPMENT AGREEMENT BETWEEN

CITY OF SANTA ANA

and

SOUTH COAST PLAZA

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DEVELOPMENT AGREEMENT NO. 2025-01

This Development Agreement (“Agreement”) is entered into as of this ___ day of ___________, 2025 by and between the City of Santa Ana, California (“City”) on the one hand, and South Coast Plaza, a California general partnership (“Owner” or “SCP”), on the other hand. City and Owner may be referred to in this Agreement individually as a “party” or collective as the “parties.”

RECITALS
A. City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code.

B. This Agreement constitutes a current exercise of City’s police powers to provide predictability to SCP in the development approval process by vesting the permitted uses, density, intensity of use, timing and phasing of development, and applicable ordinances consistent with the Development Plan in exchange for SCP’s commitment to provide significant public benefits to City as set forth in Section 4 below.

C. SCP has requested that City enter into this Agreement and proceedings have been taken in accordance with applicable State law and the rules and regulations of the City in furtherance thereof.

D. The best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement.

E. The City Council hereby finds and determines that this Agreement is of major significance because it will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit.

F. The provision by SCP of the public benefits as set forth in Section 4 below allows the City to realize significant economic, recreational, open space, educational, social, and other public benefits to City. These public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement.

G. The physical effects, if any, of the Project and this Agreement have been analyzed pursuant to the California Environmental Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled “Village Santa Ana Specific Plan Final Supplemental Environmental Impact Report (State Clearinghouse No. XXXXX) and City of Santa Ana DP No. (“Project FEIR”).

H. This Agreement and the Project are consistent with the Santa Ana General Plan.

I. All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters.

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J. Development of the Property in accordance with this Agreement will provide substantial benefits to City, as set forth in Section 4 below, and as stated Sections 1.4 and Appendix B of the Specific Plan and will further important policies and goals of City.

K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et seq. of the Government Code are intended.

L. On July 15, 2025 , the City Council held a public hearing and authorized the City’s Planning Division to draft findings and issue a determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with the Project and to provide notice of same in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics.

M. On August 11, 2025, City’s Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement.

N. On September 16, 2025, the City Council held a public hearing introducing this Agreement and considered the Planning Commission’s recommendations and the testimony and information submitted by City staff, SCP, and members of the public. On DATE consistent with applicable provisions of State law and the rules and regulations of the City, the City Council adopted Ordinance No. NS-_______ finding this Agreement consistent with the City’s General Plan and approving and adopting this Agreement.

COVENANTS

NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Owner hereby agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1. Definitions. The following terms when used in this Agreement (including in the recitals above) shall be defined as follows:

1.1.1. “Assigned Rights” has the meaning set forth in Section 2.5.1 hereof.

1.1.2. “Assignment and Assumption Agreement” has the meaning set forth in Section

2.5.1 hereof.

1.1.3. “Assumed Obligations” has the meaning set forth in Section 2.5.1 hereof.

1.1.4. “Agreement” means this Development Agreement.

1.1.5. “City” means the City of Santa Ana, a charter city and California municipal corporation.

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1.1.6. “City Attorney” means the City of Santa Ana City Attorney.

1.1.7. “City Council” means the duly elected city council of the City of Santa Ana.

1.1.8. “Development” means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; construction of infrastructure and other public facilities; construction of buildings and structures; installation of landscaping consistent with this Agreement. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.9. “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals.

1.1.10. “Development Plan” means the plan for development of the Property pursuant to the Project Approvals as set forth in Exhibit “C.”

1.1.11. “Development Project Review Approvals” refers to the administrative review of all projects meeting the requirements of Division 3 of Article V of Chapter 41 (Zoning) of the Santa Ana Municipal Code as may be required by the Project Approvals.

1.1.12. “Discretionary Action” or “Discretionary Approval” means an action that requires the exercise of judgment, deliberation, or discretion on the part of the City, including any board, agency, commission, or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity that is defined herein as a Ministerial Permit or Ministerial Approval (i.e., Development Project Review Approvals).

1.1.13. “Effective Date” means the date the ordinance approving and authorizing this Agreement becomes effective.

1.1.14. “Executive Director” has the meaning set forth in Section 2.5.1 hereof.

1.1.15. “Existing Land Use Regulations” means the Land Use Regulations that are in effect on the Effective Date, pursuant to California Government Code Section 65866.

1.1.16. “Existing Project Approvals” means all Project Approvals approved or issued on or before the Effective Date.

1.1.17. “Future Project Approvals” means Project Approvals for the Project that are adopted, approved, or issued after the Effective Date.

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1.1.18. “Land Use Regulations” means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines, or other actions of City, including but not limited to the provisions set forth in the City’s General Plan, Municipal Code, that affect, govern, or apply to the Development of the Project and use of the Property in a manner consistent with this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative. “Land Use Regulations” does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.19. “Owner” means the persons and entities listed as Owner on page 1 of this Agreement and their successors in interest to all or any part of the Property.

1.1.20. “Ministerial Approval,” or “Ministerial Act” means the nondiscretionary permits, plans, inspections, certificates, documents and licenses required to be taken, issued, or approved by the City in order for Owner to develop the Project, including, without limitation, building permits, grading permits, Development Project Review Approvals, and other similar permits and approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval.

1.1.21. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.22. “Project” means the development of the Property, as more specifically described in Exhibit “A” and shown on Exhibit “B,” pursuant to the Project Approvals and the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement.

1.1.23. “Project Open Space” means the approximately 7.5 acres of publicly accessible open-space areas, as defined in the Specific Plan, to be maintained by Owner.

1.1.24. “Project Phase” shall mean a portion of the development of the Property as contemplated by the Project Approvals. To avoid confusion, a “Project Phase” may include one or more Development phases and shall not be limited to any single Specific Plan Phase and may consist of a portion of a Specific Plan Phase.

1.1.25. “Project Approvals” means all site-specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, maps, permits, entitlements, approvals (including Development Project Review

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Approvals), and entitlements of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include, but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site-specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. A list of the Project Approvals is set forth in Exhibit “C.”

1.1.26. “Property” means the real property described in Exhibit “A” and shown in Exhibit “B” to this Agreement. The Property is approximately 17.2 gross acres in size and is occupied by the South Coast Plaza Village commercial development as of the Effective Date. It is composed of seven parcels, Assessor Parcel Numbers (APNs): 412-131-10, 412-131-20, 412- 131-21, 412-451-01, 412-451-02, 412-451-03, and 412-451-04.

1.1.27. “Public Benefit” refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below.

1.1.28. “Reservation of Rights” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement.

1.1.29. “Specific Plan Phase” means any one of the five phases as shown on Figure 6-1 (Conceptual Phasing Plan) of the Village Santa Ana Specific Plan.

1.1.30. “Term” has the meaning ascribed thereto in Section 2.4.1 below.

1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit “A” – Legal Description of the Property

Exhibit “B” – Map showing Property and its location

Exhibit “C” – Development Plan and list of Project Approvals

2. GENERAL PROVISIONS.

2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement.

Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan, the Project Approvals, and this Agreement. This Agreement shall be recorded against the Property.

2.2. Ownership of Property. Owner represents and covenants that it is the Owner of the fee simple title to, or has an equitable interest in, the Property or a portion thereof.

2.3. City Council Findings. The City Council finds that:

2.3.1. This Agreement is consistent with the City’s General Plan.

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2.3.2. This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and enhances effective utilization of resources within the City.

2.3.3. This Agreement provides public benefits beyond those that are necessary to mitigate the development of the Project, as set forth in Section 4 below.

2.3.4. This Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces costs of development and government.

2.3.5. The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement.

2.4. Term.

2.4.1. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of twenty (20) years thereafter (the “Initial Term”), unless modified or extended pursuant to the provisions of this Agreement. Together, the Initial Term and any extension under this Agreement shall constitute the “Term.” The Term, including all possible extensions, shall not exceed twenty-five-years unless this Agreement is amended to allow further extensions. Owner shall execute this Agreement which shall be recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City.
(a) It is anticipated that Parties will sign the Development Agreement upon approval of the Agreement by the City Council. Owner shall cause this Agreement to be timely recorded against the Property no later than ten (10) days following Owner’s receipt of the fully- executed, recordable Agreement from the City.
(b) Failure of Owner to record this Agreement against the Property within ten (10) days following the receipt of the fully-executed, recordable Agreement from the City shall constitute an event of default by Owner under this Agreement.

2.4.2. The Initial Term of this Agreement shall be automatically extended by up to five (5) years if Owner achieves the following milestones: construction has commenced on: (i) no less than 50,000 square feet of commercial/retail floor area; and (ii) 360 residential dwelling units.

2.4.3. If Owner fails to satisfy the prerequisites to securing the automatic extension, the City Council may nonetheless elect, in its sole discretion, to grant one or more extensions if Owner provides the City with a plan that includes a Development timeline and specific Development milestones.

2.4.4. When the Term ends, Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid City any Development Impact Fee.

2.4.5. If any party other than Owner initiates litigation that challenges the Project, this Agreement (and/or the ordinance approving this Agreement), or any of the Existing Project Approvals, the Owner will have the right to toll commencement of the Term, except for the duty

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to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under this Agreement during the period of such litigation. The tolling shall commence upon receipt by the City of written notice from Owner invoking this right to tolling. The tolling shall terminate when the action, including any appeal, is finally resolved, whether by entry of a final, non-appealable judgment that upholds the Project and the Existing Project Approvals or voluntary or involuntary dismissal of the entire action (and the passage of time required to appeal an involuntary dismissal) by the moving party.

Owner shall similarly have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under the Agreement in the event a referendum petition challenging the Project, the ordinance approving this Agreement, or any of the Project Approvals is submitted to the City Clerk. The tolling shall terminate if and when: (1) the City Clerk determines the referendum petition did not receive sufficient signatures to qualify for the ballot; or (2) the election results of the referendum uphold the Project and the Existing Project Approvals and are certified by the City Council. This Agreement shall be null and of no further force and effect in the event that the City Council rescinds the challenged action.

2.5. Assignment.

2.5.1. Right to Sell, Transfer, or Assign. Owner shall have the right, from time to time, to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm, limited liability company, or corporation and, in connection therewith, to assign its rights under this Agreement, in whole or in part, to said person, partnership, joint venture, firm, limited liability company (collectively, the “Assigned Rights”) at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement that pertain to the Project Phase[s] that is the subject of such transfer, and be made in compliance with the following conditions precedent:
(a) No sale, transfer, or assignment of any right or interest under this Agreement (in whole or in part) shall be made unless made together with the transfer of all or a part of the Property, to which such rights or interests apply. (b) In connection with any such assignment of an Owner’s rights and obligations under this Agreement (in whole or in part), Owner shall notify City in writing at least sixty (60 days) in advance of any sale, transfer or assignment and shall provide City with a draft assignment and assumption agreement (“Assignment and Assumption Agreement”), in a form reasonably satisfactory to City, to be entered into by Owner, such assignee, and the City, pursuant to the terms of which such assignee shall expressly and unconditionally assume those duties, obligations, agreements, covenants, and waivers of Owner under this Agreement that are applicable to the Project Phase that is the subject of the portion of the Property, as applicable, being transferred, including, without limitation, the covenants not to sue and waivers contained in Sections 7.3.1 and 9.5.1 hereof (collectively, the “Assumed Obligations”). Notwithstanding the failure of any assignee to execute the Assignment and Assumption Agreement, as required by Section 2.5.1(b) above, the burdens of this Agreement (as they relate to the Project Phase that is the subject of the Property being transferred) shall be binding upon such transferee, but the

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benefits of this Agreement shall not inure to such transferee unless the Assignment and Assumption Agreement is executed.
(c) The Executive Director for the Planning and Building Agency (the “Executive Director”) shall have the administrative authority to approve of the Assignment and Assumption Agreement and to determine whether Owner has complied with the above conditions, which approval and determination shall not be unreasonably withheld or conditioned.

The Executive Director shall use best efforts to approve of the Assignment and Assumption Agreement and to determine whether the Owner has complied with the above conditions within five (5) business days following receipt of Owner’s written request. The Executive Director’s failure to approve or disapprove the foregoing within thirty (30) days following the Executive Directors receipt of Owner’s written request shall constitute City’s approval of the same.

2.5.2. No Release of Transferring Owner. Notwithstanding any sale, transfer or assignment as provided in any Assignment and Assumption Agreement delivered in accordance with the provisions of Section 2.5.1 above, a transferring Owner shall continue to be obligated to comply with all of the terms and conditions set forth in this Agreement (and such transferring Owner shall not be released from any of such obligations) with respect to the transferred Property, or any transferred portion thereof, as applicable, and following any such transfer the transferring Owner and the transferee under the Assignment and Assumption Agreement shall be jointly and severally liable with respect to all of the obligations assumed by such transferee under such Assignment and Assumption Agreement.

2.6. Administrative Changes and Modifications.

2.6.1. Owner and City acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, the Project Approvals, the Existing Land Use Regulations, and, once issued, any Future Project Approvals.

2.6.2. If and when the parties find that “Substantially Conforming Changes,” as herein defined, are necessary, desirable or appropriate, they may, unless otherwise required by law, effectuate such changes or adjustments through an administrative operating memorandum that is executed by Owner and the Executive Director of the City’s Planning and Building Agency or the Director’s designee. As used herein, a “Substantially Conforming Change” is a minor change, modification, or adjustment that is deemed to be in substantial conformance with the Development Plan at the City’s sole and absolute discretion. The following are excluded from the definition of “Substantially Conforming Changes”: (1) changes to the In-Lieu Fee; and (2) changes to the Project Open Space. A Substantially Conforming Change is not considered an amendment to this Agreement or to Development Plan and so does not require prior notice or hearing by the Planning Commission or City Council.

2.7. Amendment or Cancellation of Agreement. Except for Substantially Conforming Changes as defined by Section 2.6.2 above, this Agreement may be amended or modified from time to time only with the written consent of Owner and the City or their successors and assigns, and only upon approval of an amendment by the City Council after a public hearing in accordance with Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement.

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2.8. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:

2.8.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4, including any extension(s).

2.8.2. Entry of a final judgment by a court of competent jurisdiction setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement and/or any Project Approvals as set forth in Exhibit C.

2.8.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement and/or any Project Approvals. In the event a referendum petition challenging the ordinance approving this Agreement and/or any Project Approvals is submitted to the City Clerk, Owner shall deposit with the City Ten Thousand Dollars ($10,000) (“Petition Deposit”) to cover the actual cost incurred by the City examining the petition and verifying signatures. Should the referendum qualify for the ballot, Owner may request, at or prior to the Council meeting at which the Council will take up the referendum issue, that the City Council repeal the ordinance and/or any Project Approvals rather than submitting it to the voters. If Owner does not request that the City Council repeal the ordinance and/or any Project Approvals and the City Council submits the referendum to the voters, Owner shall deposit Fifty Thousand Dollars ($50,000) (“Referendum Deposit”) with the City. City may use the Referendum Deposit to pay any and all costs associated with the said referendum measure (e.g., legal fees for outside counsel). Any funds remaining in the Petition Deposit may be put toward the Referendum Deposit at the Owner’s request. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Owner shall, within three (3) business days of receiving notice from the City, deposit with the City Twenty-Five Thousand Dollars ($25,000) as requested by the City to cover necessary costs and expenses associated with the referendum and holding the related election. Following certification of the election results, any funds remaining in the Petition Deposit or the Referendum Deposit account shall be returned to the Owner within thirty (30) days of certification of the election results. In the event Owner requests that the City Council repeal the ordinance and the City Council nonetheless determines to submit the ordinance to the voters, Owner shall have no financial responsibility for the costs associated with holding the election, including any obligation to make a Referendum Deposit.

2.8.4. Completion of the Project in accordance with the terms of this Agreement, which is hereby defined to be: (i) issuance by the City of all required occupancy permits and final approvals for occupancy for the Project’s 1,583 multi-family residential units, 80,000 square feet of commercial uses, and 300,000 square feet of office space. (ii) acceptance by City or applicable public agency of all required dedications in connection with same; and (iii) written notification by City to Owner that the Project is complete.

2.8.5. Termination of the Agreement as provided under this Agreement, including but not limited to Section 7.4 herein, shall not constitute termination of any other Project Approvals.

Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by Owner to City on which construction has not yet begun shall be refunded to Owner by City.

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2.9. Notices.

2.9.1. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder.

2.9.2. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:

If to City:

City Clerk
20 Civic Center Plaza, 8th Floor
PO Box 1988 M-30
Santa Ana, Ca 82702

Copies to:

City Manager
City Attorney
Executive Director of Planning and Building Agency

If to Owner:

Justin McCusker
C.J. Segerstrom and Sons
3315 Fairview Road
Costa Mesa, CA 92626
[email protected]

Copies to:

Spencer Kallick
Allen, Matkins, Leck, Gamble, Mallory, & Natsis, LLP
1901 Avenue of the Stars
Suite 1800
Los Angeles, CA 90067
[email protected]

2.9.3. Either party may, by written notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

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3. DEVELOPMENT OF THE PROPERTY.

3.1. Rights to Develop. Subject to the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement, and the Project Approvals, and the Development Plan for the duration of the Term. Owner may proceed with demolition permits prior to pulling building permits provided Owner has provided proof of financing for that portion of the Project that demolition permits are being sought for. From the commencement of demolition until issuance of the Certificate of Occupancy, Owner shall ensure that the Property is secured and that all construction walls are maintained in a good condition and repair with no graffiti.

3.1.1. Except as expressly provided otherwise herein, the Project shall remain subject to all Existing Land Use Regulations and Project Approvals for the Term. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code Section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals.

3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of this Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6.

3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project.

3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the Project requires additional Project Approvals (the Future Project Approvals identified in Section

1.1.17). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes; however, the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval.

3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, the rules, regulations and official policies governing, inter alia, permitted uses and Development of the Property, the density and intensity of use and of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property, shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequent Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion as set forth in Section

3.3.2. 3.2.1. City shall reasonably strive to complete:
(a) its initial review of individual development projects within 30 days after the application is deemed complete,

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(b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission.

3.2.2. Notwithstanding the foregoing, the City does not guarantee that the timelines above will be met, and failure to meet these timelines does not constitute a default.

3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects.

3.3. Reservation of Rights.

3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations, but shall apply to the development of the Property as they are in effect at the time of application for Development Project Review Approvals, provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only, to the Project and/or Property:
(a) Processing fees and charges of every kind and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such procedural regulations do not conflict with the Project Approvals. (c) Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the maximum extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement.
(e) Regulations that are not in material conflict with this Agreement or the Development Plan. For avoidance of doubt, any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property.
(f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to Development of the Property.

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(g) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking.
(h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City.

3.3.2. Subsequent Project Approvals. This Agreement shall not prevent City from exercising its rights under Government Code Section 65866 when acting on subsequent Project Approvals provided that such City actions do not materially conflict with this Agreement, the Development Plan, the Existing Land Use Regulations, and/or the Project Approvals.

3.3.3. Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement’s express terms so restricted.

3.4. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.

3.5. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the parties to provide for the timing of the Project in this Agreement. To do so, the parties acknowledge and provide that Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment, except for the following:

3.5.1. No building permits for residential units shall be issued in excess of 360 residential units unless and until Owner obtains building permits for at least 50,000 square feet of commercial development. Owner may construct commercial square footage beyond 50,000 square feet if and when such additional commercial development is supported by market conditions, as determined by Owner in its sole discretion. Owner understands that commercial development is a priority to the City and agrees to exercise its discretion in good faith.

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3.6. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law, no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety.

3.7. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control.

4. PUBLIC AND COMMUNITY SAFETY BENEFITS.

4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City.

The Project will also serve to implement the City’s General Plan vision for the Property, which has long been designated as a District Center where intense mixed-use development is encouraged. In addition, Owner has committed by this Agreement to contribute the public and community safety benefits, as provided below.

4.2. Community Benefits.

4.2.1. Project Community Benefit Package. The Project will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. In addition, Owner has agreed to provide the City with a Nine Million Three Hundred Thousand dollar ($9,300,000) payment (“Community Benefit Payment”), which Community Benefit Payment shall be allocated at the City’s sole discretion. The Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) Two Million Five Hundred Thousand dollars ($2,500,000) prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project’s first Specific Plan Phase (“Community Benefit Payment No. 1”); (2) Three Million Six Hundred Thousand dollars ($3,600,000) concurrent with the issuance of the first building permit in furtherance of the Project’s second Specific Plan Phase (“Community Benefit Payment No. 2”); (3) One Million Three Hundred Thousand dollars ($1,300,000) concurrent with the issuance of the first building permit in furtherance of the Project’s third Specific Plan Phase (“Community Benefit Payment No. 3”); and (4) One Million Nine Hundred Thousand dollars ($1,900,000) concurrent with the issuance of the first building permit in furtherance of the Project’s fourth Specific Plan Phase (“Community Benefit Payment No. 4”). If the City has not received Community Benefit Payment No. 2 on or before the date that is 36 months and one day from the issuance of the Certificate of Occupancy for the first Specific Plan Phase, then Community Benefit Payment No. 2 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. If the City has not received Community Benefit Payment No. 3 on or before the date that is 36 months and one day from the issuance of the Certificate of Occupancy for the second Specific Plan Phase, then Community Benefit No. 3 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. If the City has not received Community Benefit Payment No. 4 on or before the date that is 36

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months and one date from the issuance of the Certificate of Occupancy for the third Specific Plan Phase, then Community Benefit No. 4 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Developer may commence construction of the Specific Plan Phases in any order. Notwithstanding the Specific Plan Phase order, Community Benefit Payment No. 1 shall be paid prior to or concurrent with the issuance of the first demolition permit in furtherance of any Specific Plan Phase.

4.2.2. Project Open Space. In accordance with the Specific Plan, Owner shall construct, own, and maintain the Project Open Space.
(a) Owner shall design the Project Open Space to promote biodiversity, extend thermal comfort, and to promote biophilic design, health, and wellness. (b) Owner shall provide a total minimum of two (2) free on-site events per year for the general public (e.g., concerts or farmers markets) including programming on sustainability and wellness, subject to Force Majeure events, as follows: a minimum of two (2) free events per year shall be provided commencing one year after the completion of Specific Plan Phase One as set forth in section 6.3.10 of the Specific Plan. Owner’s obligation under this Section shall terminate after 25 years after the commencement of the first free on-site event or upon termination of this Agreement whichever occurs later. (c) Owner shall record one or more open space easements against the Property for the benefit of the City concurrent with the recordation of the subdivision maps that implement a given Project Phase or Development phase, as contemplated by the Project Approvals.
(d) City shall provide Owner a credit against its park and open space fee obligations (e.g., Park Acquisition and Development Fee) for the hard and soft cost of all land, improvements, construction, operation, and maintenance associated with the Project Open Space.

In the event the Project Open Space is less than 7.5 acres, Owner must satisfy any required park and recreation fees or other obligations (including those specified in Chapter 35, Article IV of the Santa Ana Municipal Code) for the amount of the acreage shortfall as calculated by the City.

4.2.3. Construction Standards.
(a) Leadership in Energy and Environmental Design (LEED). The Project shall be constructed to a minimum LEED Silver standard, as established by the U.S. Green Building Council.
(b) Water Conservation. The Project shall include high-efficiency irrigation, native drought-tolerant plantings, low-flow plumbing fixtures, and Energy Star equipment and appliances.
(c) Electric Vehicle (“EV”) Parking. No less than 5% of all structured parking stalls in the Project shall be equipped with EV chargers. No less than 10% of all parking stalls located within the parking structures shall be EV ready with sufficient electrical infrastructure to enable the future installation of EV conduit and chargers.

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(d) Signage Program. Owner shall implement a signage program to promote mass transit, provide ride-share infrastructure & bike/e-mobility facilities. (e) Electrical Appliances: All individual residential units within the Project shall utilize electric or induction stoves, ovens, and clothing dryers. This obligation shall not apply to commercial, common area, or other non-residential uses. (f) Photovoltaic Panels: The Project shall incorporate photovoltaic panels on all residential components of the Project

5. HOUSING OPPORTUNITY ORDINANCE COMPLIANCE.

5.1. Owner Exemption. During the Term of this Agreement, as such Term may be extended, Consistent with Santa Ana Municipal Code Section 41-1903(a), Owner is exempt from Santa Ana Municipal Code Article XVIII.I inclusionary housing requirements (i.e., the Affordable Housing and Opportunity Ordinance) because Owner is entering into this Agreement. In lieu of compliance with Article XVIII.I, Owner commits to the In-Lieu Fee as set forth in Section 5.1.1, below, which may be paid at the time of building permit issuance for each market rate residential unit contemplated by a given building permit or in the aggregate, at Owner’s sole discretion. In- Lieu fees paid in excess of the requirements for a particular building permit may be accrued and used by Owner to satisfy future in lieu fee requirements. Upon expiration or termination of this Agreement, Owner shall be subject to Santa Ana Municipal Code Article XVIII.I for any unit that has not received a Certificate of Occupancy.

5.1.1. In-Lieu Fee. Owner shall make an in-lieu fee payment at the time of building permit issuance for each market rate residential unit contemplated by the building permit equal to five dollars ($5.00) per habitable square foot of each market rate residential unit.

6. REVIEW FOR COMPLIANCE.

6.1. Periodic Review.

6.1.1. The City shall review this Agreement annually, on or before DATE , and annually thereafter until the expiration of this Agreement, in order to ascertain the compliance by Owner with the terms of this Agreement (“Annual Review”). Owner shall timely submit an Annual Monitoring Report, in a form acceptable to the City Manager on or before the first anniversary of the Effective Date and annually thereafter until the expiration of this Agreement.

If the Annual Review is not submitted within thirty (30) days after written notice from the City Manager, then Owner shall be in breach of this Agreement. The failure of the City to conduct the Annual Review shall not constitute a default by Owner. The Annual Monitoring Report shall be accompanied by an “Annual Review and Administration Fee” sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the Annual Review and Administration Fee” shall be set annually by resolution of the City Council.

6.1.2. The Annual Review shall include a progress report on the status of the implementation of the Project and the new tax revenue generated by the Project, including, but not limited to, the following:

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(a) Development and construction progress of the following uses and Project components:
(i) Site development
(ii) Public infrastructure,
(iii) Project design features,
(iv) Community benefits,
(v) Plaza,
(vi) Residential,
(vii) Commercial,
(viii) Office
(ix) Parking
(x) Philanthropic activities (education, culture, arts) (b) Reporting for items listed in Section 6.1.2(a) shall be include a table substantially similar to the following:

An example of a compliance report for site development and can be applied to other above criteria and metrics.

Reporting Period: 2026 – 1st Report
Year 1 of 20 of Agreement
Use Approved
SF/Units/Rooms
Total
Completed In
Period
Cumulative
Total
Completed
Remaining to
Be
Completed
Status & Look Ahead
Residential 1,583 100 200 1,383 On target with 300 to be completed in the next period
Commercial
New
Retail
Office
380,000

80,000
300,000
150,000

50,000
100,000
150,000

50,000
100,000
230,000

30,000
200,000
150k completed for Tenant X.
20-Year lease.

Negotiating with Tenant Y for a
15 year lease.

(c) Progress relative to economic projections of:
(i) Increases in property tax,
(ii) Property Tax In-Lieu of VLF received by the City,
(iii) Sales tax received from the Project,
(iv) Business tax received from the Project,

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(v) Utility User Tax received from the Project,
(d) Reporting for items listed in Section 6.1.2(c) shall be include a table, prepared by Owner with City’s cooperation, substantially similar to the following:

Reporting Period: 2026 – _____
Year 1 of 20 of Agreement
Revenue Total for Period Cumulative to
date
Percentage
increase over
2018 Base
Year
Status & Look Ahead
Property Tax
Property Tax
In-Lieu of
VLF

Sales Tax

Business
Tax
Franchise
Tax

UUT

6.2. Special Review. The City Council may order a special review of compliance with this Agreement at any time commencing one year following the issuance of the Project’s first building permit, but not more than once during any 12-month period. The City Manager, or his or her designee, shall conduct such special reviews.

6.3. Review Procedure.

6.3.1. During either an Annual Review or a special review, Owner shall be required to demonstrate good-faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Owner.

6.3.2. Upon completion of an Annual Review or a special review, the City Manager, or the City Manager’s designee, shall submit a receive and file report to the Planning Commission if he or she finds that Owner is in good-faith compliance with the terms of this Agreement. If the City Manager, or the City Manager’s designee, finds on the basis of reasonable evidence that Owner is not in good-faith compliance with the terms of this Agreement, he or she shall set the matter for hearing before the Planning Commission and shall submit a report setting forth said evidence concerning compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue.

6.3.3. If the Planning Commission finds on the basis of substantial evidence that Owner is in good-faith compliance with the terms of this Agreement, it shall confirm same and formally conclude the review by resolution. If the Planning Commission finds and determines on

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the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement:

(a) The Planning Commission shall provide written notice to Owner of such findings setting forth the nature of the problem and the actions, if any, required of Owner to cure such problem.
(b) If the problem can be cured and Owner fails to take such actions and cure such problem within sixty (60) days after of the effective date of the Planning Commission’s notice or, in the event that such problem cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such sixty (60) day period and to diligently proceed to complete such actions and cure such problem, then the Planning Commission may recommend to the City Council modification or termination of this Agreement.
(c) Owner may appeal a Planning Commission determination pursuant to this Section 6.3.3 pursuant to City’s rules for consideration of appeals in zoning matters then in effect. If a Planning Commission determination is appealed, any cure ordered by the Planning Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5.

6.4. Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, City determines to proceed with modification or termination of this Agreement, City shall give written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain:

6.4.1. The time and place of the hearing;

6.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and,

6.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding.

6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good-faith compliance with the terms and conditions of this Agreement.

The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final.

6.6. Certificate of Agreement Compliance.

6.6.1. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and

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Owner’s Initials

7.2.2. Except for specific performance, City, for itself, its successors and assignees, hereby releases Owner, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. City hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST

IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND

THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..”

By initialing below, City hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________
City’s Initials

7.3. Termination or Modification of Agreement for Default of an Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, City may terminate or modify this Agreement pursuant to this Section 7.3 only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.

7.3.1. No Cross Default. Parties agree and acknowledges that, notwithstanding anything stated to the contrary in this Agreement: (a) the failure of SCP to comply with or satisfy any of SCP’s obligations under this Agreement shall not limit or impair a transferee’s rights and benefits under this Agreement with respect to its Assigned Rights (as they apply to the Project Phase owned by such transferee) under Section 2.5.1 of this Agreement and (b) the failure of any transferee to satisfy such transferee’s Assumed Obligations as provided for under Section 2.5.1 of this Agreement shall not, as to the Project Phase to which those Assumed Obligations apply, limit or impair any of the Assigned Rights of any other transferee as to the Project Phase owned by such other transferee.

7.4. Voluntary Termination of Agreement by SCP. In the event SCP determines, in its sole discretion, prior to issuance of the first demolition permit implementing the first Specific Plan Phase, that it no longer wishes to proceed with the Project pursuant to the terms of this Agreement, SCP may terminate this Agreement by providing the City with 30 days written notice. Notwithstanding this or other provisions herein, SCP’s indemnity and defense obligations shall survive such termination for the later of twelve (12) months or expiration of the statute of

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limitations on any and all potential causes of action against the City as set forth in Section 8 of this Agreement.

7.5. Notice and Cure Rights. Notwithstanding anything stated to the contrary in this Agreement, City shall have no right to terminate any of the rights of any Owner under this Agreement unless such Owner has failed to cure any default under this Agreement giving rise to any such termination right within the cure periods expressly provided for above in this Section 7.

8. LITIGATION

8.1. Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, any document prepared for the Project in compliance with the California Environmental Quality Act, or the approval of any permit or entitlement granted pursuant to this Agreement for the Project. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1 no later than fourteen (14) business days and City’s receipt of service of process and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination as required by this Section, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City as to that claim, action, proceeding, or determination. City may in its discretion participate in the defense.

8.2. Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense.

8.3. Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, conditioned, or delayed; or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor.

8.4. Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction.

Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date.

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8.5. Survival. The provisions of Sections 8.1 and 8.2 shall survive the termination of this Agreement.

9. MORTGAGEE PROTECTION.

9.1. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. In furtherance of the foregoing, and notwithstanding anything stated to the contrary in this Agreement, any Mortgagee of the Property shall be entitled to the following rights and privileges:

9.1.1. Default under Agreement Does Not Impair Lien of any Mortgage. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.

9.1.2. Request for Notices of Default by Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the applicable Owner in the performance of such Owner’s obligations under this Agreement.

9.1.3. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement.

9.1.4. Lender Protection Provisions.
(a) Notices to Mortgagees; Mortgagee’s Right to Cure.
(i) Notices to Mortgagees. City shall send to each Mortgagee which has provided City written notice of its name and address, in the manner provided by Section 9.1 above, a true, correct and complete copy of any written notice sent to Owner of a default by Owner under this Agreement at the same time as and whenever any such notice of default shall be given by City to Owner, addressed to such Mortgagee at the addres s last furnished to City by such Mortgagee. Owner irrevocably directs that City accept, and City agrees to accept, performance and compliance by any such Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Owner’s, part to be kept, observed or performed hereunder with the same force and effect as though kept, observed or performed by Owner provided that such performance and/or compliance is made in accordance with the provisions of Section 10.1.4 below.

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(ii) Mortgagee’s Right to Cure . Notwithstanding anything stated to the contrary in this Agreement, this Agreement shall not be terminated as to any Project Phase because of a default or breach hereunder on the part of Owner until and unless:
(1) written notice of any such default or breach has been delivered to Mortgagee in accordance with the provisions of Section 9.1.4(a)(i) above, (2) with respect to a default or breach that is curable solely by the payment of money, Mortgagee, Owner have failed to cure such default or breach within thirty (30) days following the expiration of any of Owner’s notice and cure periods set forth herein, and
(3) with respect to a default or breach that is not curable solely by the payment of money, Mortgagee, Owner have failed to cure such default or breach within ninety (90) days following the expiration of any of Owner’s notice and cure periods set forth herein or, if such default or breach is curable but cannot be cured within such time period, (i) Mortgagee has failed to notify City within such ninety (90) day time period that Mortgagee intends to cure such default or breach, (ii) Mortgagee fails to commence to cure such default or breach within such ninety (90) day period, or (iii) Mortgagee fails to diligently prosecute such cure to completion. It is expressly understood and agreed that no Mortgagee shall have any obligation hereunder to cure or complete any cure of any breach or default by Owner hereunder. (b) Permitted Transfers to Mortgagee.
(i) Notwithstanding anything stated to the contrary in this Agreement, the following transfers shall be permitted and shall not require the approval or consent of City:
(1) A transfer of the Property (and the concurrent transfer of the Owner’s rights under this Agreement with respect to the Project Phase provided the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase), at a foreclosure sale under a Mortgage, whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or
(2) Any subsequent transfer by a Mortgagee (or its nominee or designee if the Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure) with respect to the Property, and the concurrent transfer of the Owner’s rights under this Agreement with respect to the Project Phase that is transferred, provided that the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase.
(ii) Any transferee arising from any transfer permitted above shall be liable to perform the obligations of Owner, as applicable, under this Agreement only so long as such transferee holds title to the Property, provided that upon any such conveyance of title, such transferee's transferee expressly assumes and agrees to perform all of the obligations of this Agreement first arising after the date of such conveyance to the extent applicable to the Project Phase.
(iii) Following the transfer, if any, described in Section 9.1.4(b)(i) above, all non-curable defaults existing under this Agreement prior to such transfer shall be deemed waived without further notice or action of any party.

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(c) Rights of Mezzanine Lender . Any lender that makes a loan to Owner or to any entity holding an interest in Owner, direct or indirect, that is secured by a pledge of equity interests in Owner, direct or indirect, shall be entitled to all of the rights and remedies under this Section 9.1.4 that are afforded to a Mortgagee under this Agreement, (i) provided that Owner shall have provided to City written notice setting forth the name and address of any such lender, and (ii) except that such rights and remedies shall be subject and subordinate to the rights of any Mortgagee, and shall not impair any of the rights and remedies afforded any Mortgagee, hereunder.

9.1.5. Obligations of Mortgagee Under Agreement. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property as applicable, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement.

10. MISCELLANEOUS PROVISIONS.

10.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council against the Property within ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall cause notice of such action recorded with the Orange County Recorder, and in connection with any termination of this Agreement, in such form or by such recordable instrument, that will allow a reputable title company to remove the Agreement as an exception to title of the Property (a “Termination Release”).

10.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

10.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

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10.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, with venue in Orange County. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

10.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

10.6. Singular and Plural. As used herein, the singular of any word includes the plural.

10.7. Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot that has been finally subdivided and sold to such owner as a member of the general public shall have any obligation under this Agreement except as expressly provided for herein.

10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

10.10. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns, and no other person shall have any right of action based upon any provision of this Agreement.

10.11. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor (including as a result of freight embargos); (3) inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) fire or other casualty; (7) shortage of fuel, electricity or natural gas; (8) action or nonaction of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction of such governmental authorities including government shutdown for a period of time of one (1) week or more; (9) criminal acts or acts of terrorism; or (10) pandemic or government imposed quarantine (11) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of such Party, or other causes beyond the Party’s reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event , provided that the Term of this Agreement shall not be extended pursuant to this section for more than five (5) years.

10.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

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10.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

10.14. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

10.15. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

10.16. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property.

10.17. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

10.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.

10.19. Agent for Service of Process. In the event any Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto.

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10.20. Certificate of Compliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty (30) days of receipt of the written request therefor.

10.21. Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder.
[Signatures on following pages]

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City Attorney

Dated: _______________

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EXHIBIT “A”
(Legal Description of the Property)

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EXHIBIT “B”
(Map of the Property)

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EXHIBIT “C”

Development Plan and list of Project Approvals

Development Plans and entitlement applications as presented in the City Staff Report Dated _______ are incorporated herein by reference. Project Approvals include, but may not be limited to, the following entitlements:

1. The Final Supplemental Environmental Impact Report entitled “Village Santa Ana Specific Plan Final Supplemental Environmental Impact Report” State Clearinghouse House No. XXXXX and City of Santa Ana Development Project No.XXXX-XX(“Project FEIR”), which tiers off the GPU FEIR (SCH# 2020029087) that was certified by the City on April 19, 2022.

2. The “ Village Santa Ana” Specific Plan, dated April 2025, adopted by the City Council on DATE, by way of Ord. No. XX-XXXX.

3. The Vesting Tentative Tract Map, dated XXXX, adopted by Resolution No. XXXX.

4. The Zoning Map Amendment, adopted by the City Council on Date, by way of Ord. No. XX- XXXX.

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Page 46 ends

Figure 3-6a depicts the existing right-of-way configuration including a class III bike lane. Figure 3-6b lays out the proposed condition at full buildout of this Specific Plan. Improvements include a new class IV bikeway, landscape buffers, and continuation of the sidewalk.

Plaza Drive
Plaza Drive is a local street that provides north-south access. The right-of-way bisects the Village. The southern end of Plaza Drive terminates at Sunflower Avenue, where it becomes an entryway to South Coast Plaza.

Plaza Drive has an existing curb-to-curb width of 64 feet with four travel lanes, as shown on Figure 3-7a. With the development of the Village, Plaza Drive is planned to have an expanded curb-to-curb width of 80 feet. The proposed cross-section maintains four lanes of traffic and adds a loading zone in the expanded right-of-way. New curb- adjacent landscape buffers are also proposed. Figure 3-7b provides the proposed cross-sections and enhancements for Plaza Drive.

Bear Street
Bear Street runs north-south, providing access to the western part of the Village and offering direct access to SR-73. In addition, the City has designated Bear Street a Secondary Arterial. The Village is along the east side of the roadway, which is under the jurisdiction of the City of Santa Ana. The western side falls within the boundary of the City of Costa Mesa.

The right-of-way from the Village property line is 50 feet to the City limit, as depicted on Figure 3-8a. Bear Street will maintain the same curb-to-curb width, travel lanes, and left-turn pockets when the Village is built. However , the Village will upgrade bicycle facilities to a class I bike path consistent with the General Plan, as shown on Figure 3-8b.

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Chapter Three: Development Plan | Page 49
Source: LLG, RIOS
Figure 3-8a: Bear Street Existing Cross-Section
Figure 3-8b: Bear Street Proposed Cross-Section
MEDIAN

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Figure 3-13: Proposed Loading Zones
Commercial Loading
Passenger Loading
Commercial/Passenger Loading
LEGEND
Open Space
Site Boundary
Source: LLG, Gensler
Note: Conceptual site plan for illustrative purposes, subject to change through the Development Project Plan Approval process.

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Chapter Three: Development Plan | Page 59
Figure 3-16: Conceptual Bicycle Network
Source: LLG, PlaceWorks
Proposed New Class IV Cycle Track
Proposed Bicycle Parking
Open Space
Site Boundary
LEGEND
B
B
B
B
Note: Conceptual site plan for illustrative purposes, subject to change through the Development Project Plan Approval process.

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Table 4-1 Permitted Uses
Uses
Permit T ype
P = Permitted by Right
LUC = Land Use Certificate
CUP=Conditional Use
Permit
Notes/Reference
Residential
Live-work units P
Multifamily apartments or
condominiums P
Either a stand-alone residential building
or in conjunction with commercial
development. Allows for leasing office or
property management office, recreation
facilities, and other indoor/outdoor
common areas.

Home occupations P Pursuant to SAMC
Senior housing P
Age restricted, independent living.

Subject to Section 4.2.4, Senior Housing
and Care Facilities.

Commercial/Retail/Office
Adult day care facilities P See SAMC for additional regulations.

Alcohol sales (on-site or off-site
consumption) P*/ CUP Includes wine tasting, cocktail lounges, bars, and similar uses. See Appendix F .

Animal grooming and day-boarding P
Art galleries, art studio, and
photography studios P
Brewery / Distillery P*/ CUP On-site production and sales. See Appendix F .

Childcare facilities P
Club/ community assembly facilities CUP See SAMC for additional regulations.

Congregate care P Subject to Section 4.2.4.

Continuum of care P Subject to Section 4.2.4.

Convalescent facility P Subject to Section 4.2.4.

Experiential museum and science
centers P*
Gymnasiums, fitness, and health
clubs P
Hotel CUP*
Includes extended stay, executive
suites, and guest suites. Commercial,
day spa, and food/alcohol service are
permitted incidental to the hotel use.

Rooftop amenities, including dining are
also permitted.

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Signage Program Review and
Approval
As specified in Chapter 4, Section 4.4,
Signage, of this Plan exterior signs, including
monument signs, commercial signage, and
residential signs, as well as those for common
areas such as parks, plazas, and wayfinding,
shall comply with the provisions of a detailed
Master Sign Program. The Master Sign
Program shall be developed at the time of
the DPR for each phase. Phases are defined
by the Conceptual Phasing Plan provided in
Section 6.3.10, below.

These Master Signage Programs shall be
approved in one of two ways:

1. If a submitted Master Signage Program is
in substantial conformance with the signage
guidelines in Section 4.4, the Master Signage
Program shall be reviewed and approved
administratively, concurrent with the first
DPR for that phase.

2. If a Master Signage Program has elements
that are not found to be in substantial
conformance with the Plan’s signage design
guidelines, the Master Signage Program for
that phase shall be approved by the Executive
Director of the Planning and Building Agency.

Special Event Approval
Chapter 4, Development Standards, Table
4-1, Permitted Uses, and Section 4.2.2,
Special Events and T emporary Uses contain
information that regulate special events for
the Village.

6.3.4 Minor Modifications
(Substantial Conformance)
The Plan includes a minor modification
process to grant minor relief from
development standards (regulations). The
Planning and Building Agency Executive
Director or his/her designee shall have the
authority to approve minor modifications
to a development application as defined
herein through a finding of Substantial
Conformance. Minor modifications may
include:
» Adjustments to development regulations
by no more than 10 percent (including
parking).
» Adjustments to allowable projections
and encroachments if consistent with
the uniform building code.
» Modifications necessary to comply with
final Conditions of Approval or mitigation
measures when adopted under
subsequent action.
» Addition of information to the Plan
(text or map changes) for purposes of
clarification provided that the additions
do not change the intent of the plan or
regulations.
» Adjustments to the alignment, location,
and sizing of utilities and facilities, or a
change in utility and/or service provider ,
as approved by the Executive Director of
the Public Works Agency.
» Final adjustments to the Circulation
Plan, including roadway alignment, bike
lane classifications, sizing, traffic control
techniques, and access locations, as
approved by the Executive Director of
the Public Works Agency.
» Minor changes to the architectural or
landscape design guidelines.
» Adjustments to the Vesting T entative
Tract Map (VTTM) so long as the final

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A Fiscal Impact Analysis has been prepared
to analyze implementation of the Village as
part of the approval process for the Plan. The
study, prepared by Kosmont, is attached can
be found in Appendix C, Market, Fiscal, and
Economic Analysis.

6.3.12 Financing and Funding
Public and private financing mechanisms are
expected to fund the buildout of the project
over time.

6.3.13 Affordable Housing
Applications for residences in Village
will comply with the Affordable Housing
Opportunity and Creation Ordinance, NS-
3019, per the Development Agreement.

6.3.14 Fiscal Impact Study
As required in the General Plan, a Fiscal
Impact Study has been conducted to assess
the net fiscal impacts associated with the
Village. The results of the study are included
in Appendix C.

6.3.15 Other Agency
Coordination
Airport Land Use Commission and Federal
Aviation Administration
The Developer will coordinate with the City
and Airport Land Use Commission and
Federal Aviation Administration (FAA), as
well as other applicable regulatory agencies
regarding approval and implementation of
this Plan.

Compliance with the federal Migratory Bird
Treaty Act and California Fish and Game
Code Section 3503
If construction occurs during the nesting
bird season, the Developer will perform
clearance surveys to maintain compliance
with the federal Migratory Bird Treaty Act
of 1918 (MBT A) and the California Fish and
Game Code Section 3503 prior to any ground
disturbance or vegetation removal activities.

6.3.16 Installation of Traffic
Signals on Bear Street
As shown in Chapter 3, Figure 3-5, the Village
proposes two traffic signals and related
crosswalks along Bear Street: one at the
intersection of Bear Street and Wakeham
Place and the second at the intersection
of Bear Street and the Village’s Central
Connector Road.

6.3.16.a. Timing. The improvements
described in Section 6.3.16 shall be
completed within 24 months of the effective
date of the Specific Plan’s approving
ordinance.

6.3.16.b. Minor Modifications. In
accordance with Table 6-1 Review Authority
and Section 6.3.4 Minor Modifications
(Substantial Conformance), the Executive
Director of the Public Works Agency is
enabled to modify the timing of installation
and completion of the traffic signal at Bear
Street and the Village’s Central Connector
Road to account for adjustments to
the Circulation Plan, including roadway
alignment, sizing, traffic control techniques,
and access locations.

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Parks, Recreation, and Community Services Agency
www.santa-ana.org/parks
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 7, 2025
Topic: Naming of Park at Southwest Corner of Intersection of Bristol and Tolliver Streets

AGENDA TITLE
Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) (Continued from the Regular City Council meeting of September 16, 2025)

RECOMMENDED ACTION
Affirm the Planning Commission’s adoption of a resolution approving Public Facilities No. 2025-01 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as “Nuestro Park.”
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Parks, Recreation, and Community Services Agency (PRCSA) staff solicited suggestions from the community by crowdsourcing park naming ideas via City social media.

The new 1.25-acre park, located at the southwest corner of Bristol Street and Tolliver Street, will feature drought-tolerant landscaping, pedestrian pathways, recreation spaces, and a basketball court. It will be the first City park to have a stormwater reuse treatment system for irrigation.

The following criteria for naming City infrastructure or facilities, as listed in the Santa Ana Municipal Code (SAMC Section 33-6(c)), was used as the benchmark for submittals. (1) A name which serves to identify the location of the subject by reference to distinct geographic, environmental or development features in the immediate area. (2) A name which references the history of the subject site or its immediate area. (3) A name which identifies a person or family which made an extraordinary donation of land or funds to promote the construction or improvement of the subject public facility.
(4) A name which recognizes a person or family who made a distinct, significant contribution to the well-being of the city, including past mayors, council members, board or commission members, officers or employees of the city, but not anyone who currently holds any such position.

Staff reviewed over 500 votes and suggestions for the park. The park names listed below were recommended based on alignment with the SAMC criteria noted above.

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Naming of Park at Intersection of Bristol and Tolliver Streets October 7, 2025

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5 3
2 6
•Nuestro Park
•Central City Park (identifies the geographic location) On July 24, 2025, the recommendations were presented to the Parks, Recreation, and Community Services Commission. “Nuestro Park” was approved by a vote of 8-0 as a recommendation for Planning Commission determination.

On August 25, 2025, the Planning Commission approved “Nuestro Park” by a vote of 7- 0 with additional discussion by the Planning Commission to alternatively consider naming the future park site Nuestro Parque.

Per Section 33-8(a) of the SAMC: “Following the decision of the planning commission under section 33-6, the director of planning and development services shall prepare a report for the commission’s action, summarizing the public input, if any, and the reasons for the commission’s decision. Such report shall be submitted to the city council at its first regular meeting occurring at least ten (10) days after the commission’s action. The city council may affirm the commission’s decision, remand the matter back to the planning commission for further consideration, or make its own decision on the matter.”

ENVIRONMENTAL IMPACT
Under the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exempt from further review per Section 15061 (b)(3). This general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment. As the project consists of naming of a public facility, the general rule exemption is applicable. A Notice of Exemption, Environmental Review No. 2025-79, will be filed for this project.

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

EXHIBIT

1. Resolution adopting PFN No. 2025-01
Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency
Approved By: Alvaro Nuñez, City Manager

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2 10/7/2025

Resolution No. 2025-25

Page 1 of 3 ends

RESOLUTION NO. 2025-25

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING PUBLIC
FACILITIES NAMING NO. 202 5-01 NAMING THE PARK
LOCATED AT 712 SOUTH BRISTOL STREET AS

NUESTRO PARK

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

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

A. The City of Santa Ana is requesting approval of City-initiated Public Facilities Naming (PFN) No. 2025-01 to name the park located at 712 S. Bristol Street as “Nuestro Park”;

B. Pursuant to sections 33- 5 through 33- 8 of the Santa Ana Municipal Code (SAMC), all requests for naming or renaming of public streets, public buildings, parks or recreational facilities owned or controlled by the City, shall be referred to the Planning Commission for determination, subject to confirmation by the City Council. Further, the policy guidelines in the SAMC pertaining to the naming of such facilities specify the criteria that shall be used in such determination;

C. On July 2 4, 202 5, the Parks, Recreation and Community Services Commission held a meeting regarding PFN No. 202 5-01 and, after receiving information on the item, voted 8 -0 to recommend that the Planning Commission adopt a resolution approving “ Nuestro Park” as the name of the park located at 712 S. Bristol Street;

D. On August 25, 2025, the Planning Commission held a meeting and discussed PFN No. 2025-01;

E. Based on the established guidelines, the Planning Commission determined that the name of “Nuestro Park” satisfies the criteria of SAMC Section 33-6(c)(1) of the SAMC, which directs the promotion of names which references the history of the subject site or its immediate area.

Section 2. The Planning Commission finds and determines that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because the naming of a public facility (a park) will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the

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Resolution No. 2025-25

Page 2 of 3 ends

environment and is not a “project,” as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Sect
ion 3. The Planning Commission of the City of Santa Ana hereby approves Public Facility Naming No. 202 5-01 to name the park located at 712 S. Bristol Street as “Nuestro Park.” This decision is based upon the evidence submitted at the above- referenced meeting, which includes, but is not limited to: the Request for Planning Commission Action dated August 25, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 25th day of August 2025, by the following vote:

AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Bao Pham, Jennifer Oliva, Isuri S. R amos,
Alan Woo (7)
NOES: Commissioners:

ABSENT
: Commissioners:

ABSTENTIONS: Commissioners:

Isuri S. Ramos
Chairperson
APPRO
VED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Melissa M. Crosthwaite
Sr. Assistant City Attorney

City Council
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4 10/7/2025

Resolution No. 2025-25

Page 3 of 3 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, G
EMA ZAPIEN, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 25, 2025.

Date: _____08/25/2025_______ ____________________________________ Gema Zapien
Acting Recording Secretary
City of Santa Ana

City Council
19 –
5 10/7/2025

Police Department
www.santa-ana.org/pd
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 7, 2025
TOPIC: Rotational Towing and Storage Services

AGENDA TITLE
Third Amendments for Rotational Towing and Storage Services for the Police Department (Continued from the Regular City Council meeting of September 16, 2025)

RECOMMENDED ACTION
Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A-2025-XXX):
•Standard Enterprises, Inc., dba To’ N’ Mo’;
•B&D Towing, Inc.; and
•MetroPro Road Services, Inc.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Police Department routinely encounters the need to have vehicles towed or stored for a variety of reasons and depends upon private sector partners skilled in the area of towing operations to accomplish this objective. The City currently contracts with four (4) tow companies to provide necessary towing services on a rotational basis. Towing services may include, but are not limited to, towing vehicles from public or private property at the direction of Police employees, owner’s request for a tow made via the Police Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean-up and removal, recovery services, and administrative oversight of vehicles in the custody of the contractor.

On August 17, 2021, the City Council approved agreements with four (4) tow companies to provide towing and storage services upon selection from a Request for Proposal (RFP) process. The original agreements covered an initial three-year term through August 31, 2024. On May 1, 2023, the first amendment to the agreement was executed

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Rotational Towing and Storage Services
October 7, 2025

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5 3
3 7
to allow for a two percent increase of the towing rate as authorized under the agreement. On August 6, 2024, the City Council approved the second amendment to these agreements to correct the term and allow for two (2) additional one (1) year period options as intended in the RFP but excluded in the original agreement. The Santa Ana Police Department has exercised both one-year extension options through August 31, 2026.

One of the contractors requested an amendment in the scope of services to allow for the option and ability to store any towed vehicle and release the vehicle, or any of its contents, in an area close to, but outside of the corporate City limits. The Santa Ana Police Department has evaluated the request and is in support of allowing this amendment for all four contractors. However, one contractor has determined this change in scope is not necessary for their operations and as such, the amendment is not necessary for this specific contractor. The third amendments to the agreements revise Section I.5, Storage Facility and Vehicle Storage Requirement, to allow the contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits.

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

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

EXHIBIT(S)

1. Third Amendment with Standard Enterprises, Inc., dba To’ N’ Mo’

2. Third Amendment with B&D Towing, Inc.

3. Third Amendment with MetroPro Road Services, Inc.

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

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2 10/7/2025

Page 1 of 2 ends

THIRD AMENDMENT TO SERVICE AGREEMENT

FOR ROTATIONAL TOW PROVIDER
THIS THIRD AMENDMENT to the above-referenced agreement is entered into on October 7, 2025, by and between Standard Enterprises, Inc., a California corporation, doing business as To’ and Mo’ Towing (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On August 17, 2021, the parties entered into Agreement No. A -2021-157 (“Agreement”), by which Contractor agreed to provide towing and storage services.

B. On May 1, 2023, the parties entered into a First Amendment to the Agreement (A-2021- 157-01) to allow for a two percent (2%) increase of the towing rates, pursuant to Section

2.e. of the Agreement.

C. On August 6, 2024, the parties entered into a Second Amendment to the Agreement (A - 2024-113) to extend the term of the Agreement for up to two (2) additional one-year terms and adjust for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. The parties exercised the first of the two optional extensions to extend the term of the Agreement through August 31, 2025. The Agreement is current and in-effect.

D. Per the terms of Section 3 of the Agreement, the parties exercised their second and final optional extension to extend the term of the Agreement through August 31, 2026. The Agreement is current and in-effect.

E. Under the terms of the Scope of Services to the Agreement, Section I.5., Storage Facility and Vehicle Storage Requirement, all vehicles towed by the City shall be stored within the corporate City limits and the vehicle or any of its contents shall be made available for release within the corporate City limits.

F. The parties now wish to amend the Scope of Services section in the Agreement to allow the Contractor the option and ability to store any towed vehicle and release the vehicle, or any of its contents, in an area outside of the corporate City limits. No other changes, including towing rates and overall compensation of the Agreement, as amended, are contemplated by this Third Amendment.

The Parties therefore agree:

1. Section 1, Scope of Services, Exhibit A is amended to revise Section I.5., Storage Facility and Vehicle Storage Requirement, to allow the Contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits.

EXHIBIT 1

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3 10/7/2025

City Council
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Page 1 of 2 ends

THIRD AMENDMENT TO SERVICE AGREEMENT

FOR ROTATIONAL TOW PROVIDER
THIS THIRD AMENDMENT to the above-referenced agreement is entered into on October 7, 2025, by and between B&D Towing, Inc., a California corporation (“Contractor ”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On August 17, 2021, the parties entered into Agreement No. A-2021-159 (“Agreement”), by which Contractor agreed to provide towing and storage services.

B. On May 1, 2023, the parties entered into a First Amendment to the Agreement (A-2021- 159-01) to allow for a two percent (2%) increase of the towing rates, pursuant to Section

2.e. of the Agreement.

C. On August 6, 2024, the parties entered into a Second Amendment to the Agreement (A - 2024-115) to extend the term of the Agreement for up to two (2) additional one-year terms and adjust for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. The parties exercised the first of the two optional extensions to extend the term of the Agreement through August 31, 2025. The Agreement is current and in-effect.

The Parties therefore agree:

1. Section 1, Scope of Services , Exhibit A is amended to revise Section I.5., Storage Facility and Vehicle Storage Requirement, to allow the Contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits.

2. Except as modified by this Third Amendment, all terms and conditions of the Agreement , as amended, shall remain in full force and effect.

EXHIBIT 2

City Council
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5 10/7/2025

City Council
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THIRD AMENDMENT TO SERVICE AGREEMENT

FOR ROTATIONAL TOW PROVIDER
THIS THIRD AMENDMENT to the above-referenced agreement is entered into on October 7, 2025, by and between MetroPro Road Services, Inc., a California corporation ( “Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On August 17, 2021, the parties entered into Agreement No. A-2021-160 (“Agreement”), by which Contractor agreed to provide towing and storage services.

B. On May 1, 2023, the parties entered into a First Amendment to the Agreement (A-2021- 160-01) to allow for a two percent (2%) increase of the towing rates, pursuant to Section

2.e. of the Agreement.

C. On August 6, 2024, the parties entered into a Second Amendment to the Agreement (A - 2024-116) to extend the term of the Agreement for up to two (2) additional one-year terms and adjust for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. The parties exercised the first of the two optional extensions to extend the term of the Agreement through August 31, 2025. The Agreement is current and in-effect.

E. Under the terms of the Scope of Serv ices to the Agreement, Section I.5., Storage Facility and Vehicle Storage Requirement, all vehicles towed by the City shall be stored within the corporate City limits and the vehicle or any of its contents shall be made available for release within the corporate City limits.

The Parties therefore agree:

1. Section 1, Scope of Services , Exhibit A is amended to revise Section I.5., Storage Facility and Vehicle Storage Requirement, to allow the Contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits.

2. Except as modified by this Third Amendment, all terms and conditions of the Agreement , as amended, shall remain in full force and effect.

EXHIBIT 3

City Council
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7 10/7/2025

City Council
20 –
8 10/7/2025

CITY COUNCIL ITEM
www.santa-ana.org/cao
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 7, 2025
TOPIC: Discuss and Provide Direction on Whether to Pursue Censure of Councilmember Hernandez

AGENDA TITLE
Consideration of Possible Censure of Councilmember Hernandez

RECOMMENDED ACTION
There is no staff recommendation. However, based on direction given by the City Council and reported out of closed session, this item is being presented for the Mayor and City Council of the City of Santa Ana, to review and discuss the process for censure arising from allegations made against Councilmember Hernandez. If appropriate, the Mayor and Council may provide further direction.

GOVERNMENT CODE §84308 APPLIES: No

EXECUTIVE SUMMARY

BACKGROUND
The City Council received complaints alleging that Councilmember Hernandez defamed, harassed, and retaliated against certain officers of the Santa Ana Police Department.

One of the complainants filed a tort claim on August 18, 2025 alleging violations of the City’s Charter and other claims. The City Council discussed this matter in closed session based on the complaints and tort claim. At the direction of the Council by a vote of 6-0, with Councilmember Hernandez absent, the Council asked that the issue be put on a Council Meeting agenda for consideration.

DISCUSSION
A censure is generally understood to be “an official reprimand or condemnation; an authoritative expression of disapproval or blame." (Black's Law Dictionary (10th ed. 2014).) The City Council has authority to censure an individual Council Member. (Braun v. City of Taft (1984) 154 Cal.App.3d 332, 347-348.) A censure is generally adopted by resolution and represents the opinion of a city council or other public body, but does not levy a fine, suspension, or other penalty. While there is no statute directly addressing censure, many local legislative bodies have adopted resolutions condemning inappropriate behavior and violations of policies and laws. A censure is one way of

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1 10/7/2025

Consideration of Possible Censure of Councilmember Hernandez October 7, 2025

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3 9
8 distancing the public agency from behaviors that interfere with the agency’s ability to conduct the public’s business and protect its employees.

While censure does not remove an elected official from office, it may serve an important purpose by stating to the public that certain behavior is unacceptable to the other council members. It is a form of self-policing for elected officials.

An elected official who is subject to possible censure is entitled to due process with notice and an opportunity to be heard. This process must take place in open session as the California Attorney General has issued a written opinion concluding that complaints against elected officials may not be discussed in closed session. (61 Ops. Cal. Atty. Gen. 10 (1978).)
Therefore, if the City Council wishes to censure Councilmember Hernandez, the following process is recommended:

1. A censure discussion should be placed on the agenda for a City Council meeting. (This is being done with this agenda report).

2. The Council should outline reasons for the consideration of the censure. The Council should also provide for notice as to when the City Council intends to hear the matter. (This should be done at the Council meeting wherein this agenda report is presented).

3. The City Council should further direct that the Councilmember receive individualized notice by mail.

4. The censure should be scheduled for deliberation in open session, and not in closed session. (61 Ops.Cal.Atty.Gen. 10 (1978).)

5. Councilmember Hernandez should be afforded an opportunity to be heard.

However, formal rules of evidence do not apply, including the right to cross examination. (Binkley v. City of Long Beach (1993) 16 Cal.App.4th 1795, 1809.)

6. After deliberation at an open session where Councilmember Hernandez is afforded the opportunity to be heard, if it is the Council’s direction to censure, the City Council will need to adopt a resolution containing findings as to why the City Council believes a censure is appropriate. Like resolutions generally, a Resolution of Censure must be adopted by a majority vote of the City Council.

Examples for the consideration of a censure could include:

1. Illegal disclosure of closed session information in violation of the Brown Act.

2. Improper use of city email and city communications.

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Consideration of Possible Censure of Councilmember Hernandez October 7, 2025

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3 9
8 3. Improper interactions with City employees.

4. Breach of fiduciary duty.

A censure may also include consequences or restrictions. Examples include, removal from committees, loss of travel budgets, limiting access to staff, etc. The consequences or restrictions should also be related to the inappropriate behaviors. For example, if a councilmember has engaged in behavior that exposes the City to liability from staff, the Council may want to limit access to staff members. If a councilmember’s behavior exposes the City to ridicule or demonstrates violations of law or policy, the Council may want to remove the councilmember from commission or regional appointments.

If the City Council decides to proceed, it should discuss the reasons for a censure so that the appropriate findings can be prepared and presented within the Resolution of Censure.

This process of identifying facts to support findings should be conducted by the City Council and not staff who have a responsibility to serve all elected officials equally. The Council Members may want to appoint an ad hoc committee and/or direct staff to engage special legal counsel to guide the Council and proceed with the censure process, including preparation of the Resolution of Censure, should the Council decide to move in that direction.

CONCLUSION
The Mayor and City Council, of the City of Santa Ana, California, may discuss: 1) whether to begin the process for adopting a Resolution of Censure concerning alleged misconduct; 2) whether to appoint an ad hoc committee to schedule a hearing for consideration of censure; and/or 3) whether to engage outside legal counsel for this matter.

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

FISCAL IMPACT
There is no fiscal impact to the City for the review and consideration of censure, unless the Council directs engagement of outside legal counsel in which case the costs are estimated to be $20,000 or less.

Submitted By: Sonia R. Carvalho, City Attorney
Approved By: Alvaro Nuñez, City Manager

City Council
21 –
3 10/7/2025

CITY ATTORNEY
Sonia R. Carvalho

CITY MANAGER
Alvaro Nuñez

CITY CLERK
Jennifer L. Hall

20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org

Councilmember-Requested Item Report

DATE
October 7, 2025 (Continued from the Regular City Council meeting of September 16, 2025, Item No. 29)

TOPIC
SAPD In-Car Video Recording Policy with Automatic Activation for Pursuits and Emergency Responses

COUNCILMEMBER-REQUESTED ITEM TITLE
Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department (SAPD) Policy Requiring the Installation and Use of In-Car Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code-3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan

DISCUSSION
Background
The Santa Ana Police Department (SAPD) currently deploys body-worn cameras (BWCs) for sworn personnel. However, certain incidents, particularly high-speed pursuits or other emergency responses, are not always fully captured by BWCs.

In-car video systems (sometimes referred to as dash cams) offer a wider field of view, automatically record vehicle movement and officer actions, and provide critical evidence for both criminal proceedings and administrative investigations. Automatic activation technology, typically triggered by lightbar/siren engagement, ensures that key events are recorded without relying solely on manual activation by officers.

Several California law enforcement agencies have adopted similar requirements:
• Los Angeles Police Department (LAPD): Requires activation of its Digital In-Car Video System (DICVS) during Code-3 responses and pursuits. • Orange County Sheriff’s Department (OCSD): Requires in-car audio/video recording to begin automatically when overhead lights are activated, continuing until the incident concludes.

These policies have been shown to enhance transparency, reduce litigation risk, improve officer safety, and strengthen community trust.

City Council
22 –
1 10/7/2025

CITY ATTORNEY
Sonia R. Carvalho

CITY MANAGER
Alvaro Nuñez

CITY CLERK
Jennifer L. Hall

20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org

Analysis
Adopting an automatic in-car video activation policy in Santa Ana would align SAPD with best practices and recent legislative trends, including:
• California Vehicle Code §17004.7 – Encourages agencies to adopt written pursuit policies with annual training to maintain certain immunities. • Assembly Bill 748 (2018) – Establishes timelines for public release of audio/video related to critical incidents.
• Penal Code §832.18 – Requires written policies for BWC use; provides a framework for harmonizing BWC and ICV policies.

Proposed Policy Elements:
• Scope: All marked SAPD patrol vehicles equipped with ICV systems (and unmarked units where feasible).
• Automatic Activation Triggers: Engagement of lightbar or siren; initiation of pursuit mode; optional integration with BWCs for simultaneous activation. • Manual Activation Requirements: Traffic/pedestrian stops, prisoner transports, DUI investigations, or other enforcement events not otherwise automatically triggered.
• Prohibited Deactivation: Narrow exceptions for privacy or tactical safety, requiring supervisor notification and documentation.
• Retention and Storage: In compliance with Government Code §§34090–34090.6, with extended retention for incidents involving arrest, use of force, or serious injury/death.
• Public Records Compliance: Adherence to AB 748 timelines for disclosure, with established redaction protocols to protect privacy and ongoing investigations. • Training and Accountability: Annual POST-aligned training, audit protocols, and disciplinary measures for unjustified failure to record.

Funding
Implementation would require investment in equipment, installation, secure data storage, system maintenance, and training. Potential funding sources include:
• Federal Byrne Justice Assistance Grant (JAG) program
• State public safety technology grants
• Cost offsets from reduced liability claims and litigation expenses

Next Steps
If the City Council supports moving forward, the city manager will direct staff to:
• Draft the SAPD In-Car Video Recording Policy within 60 days. • Conduct meet-and-confer with the Police Management Association and Police Officers Association regarding policy impacts.
• Identify and procure ICV equipment with automatic activation capabilities. • Develop training modules and implementation schedules. • Return to the City Council within 90 days with the final policy, fiscal analysis, and implementation timeline.

Conclusion
By adopting a policy requiring automatic activation of in-car video systems during pursuits, Code-3 responses, and other critical enforcement activities, the City of Santa Ana will join other leading California jurisdictions in leveraging proven technology to

City Council
22 –
2 10/7/2025

CITY ATTORNEY
Sonia R. Carvalho

CITY MANAGER
Alvaro Nuñez

CITY CLERK
Jennifer L. Hall

20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org

enhance transparency, strengthen community trust, and protect both officers and the public. This policy will ensure key incidents are consistently documented, improve the quality of evidence, reduce liability, and align SAPD operations with state best practices and legal standards.

SUBMITTED BY
Councilmember Jessie Lopez

EXHIBIT(S)
None

City Council
22 –
3 10/7/2025

CITY ATTORNEY
Sonia R. Carvalho

CITY MANAGER
Alvaro Nuñez

CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember Requested Item Report
DATE
October 7, 2025
TOPIC
RESOLUTION IN SUPPORT of Proposition 50 – The Election Rigging Response Act

COUNCILMEMBER REQUESTED ITEM TITLE
Discuss and Consider directing the City Manager to direct city staff to prepare a resolution in SUPPORT of California's Proposition 50, also known as the 'Election Rigging Response Act'. (Submitted by Councilmember David Peñaloza)

DISCUSSION
Proposition 50, known as the Election Rigging Response Act, will appear on the November 4, 2025, special election ballot. This measure is not just another policy question, it is a direct response to the dangerous trend of partisan manipulation of congressional districts, most recently seen in the state of Texas, where maps were redrawn mid-decade to tilt the balance of power. If left unchecked, these practices threaten the very foundation of our democracy and representative government.

Proposition 50 ensures that California does not follow that path. It establishes clear and temporary rules that protect our residents by requiring the district maps passed by the Legislature in August 2025 to remain in place through 2030. This provides stability and prevents political gamesmanship
in the middle of a decade. After the 2030 census, the
state’s independent Citizens Redistricting Commission will once again take up its crucial responsibility, drawing district boundaries in a fair, open, and nonpartisan process that prioritizes our state's residents, not politicians.

But Proposition 50 is bigger than California alone. By supporting this measure, we send a powerful message to the nation: California will always stand on the side of democracy, transparency, and integrity. We will not allow partisanship to erode trust in elections or to silence communities by rigging the system. This is about protecting the principle that voters should choose their representatives, not the other way around.

For the City of Santa Ana, endorsing Proposition 50 means standing proudly with our residents in defense of their voice and their vote. It means affirming that our city values honesty and accountability in government. And it means recognizing that if we fail to act, the very fabric of our democracy - fair elections - is at risk.

Supporting Proposition 50 is not optional; it is essential. Our democracy is only as strong as our willingness to defend it. By taking this stand, Santa Ana shows not just Orange County, not just California, but the entire country that we will not tolerate election rigging and we will fight for fairness at every level of government.

SUBMITTED BY
Councilmember David Peñaloza

EXHIBIT(S)
Exhibit 1 – California Proposition 50 Resolution in SUPPORT

City Council
23 –
1 10/7/2025

EXHIBIT 1
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, IN SUPPORT OF PROPOSITION 50 – THE ELECTION RIGGING RESPONSE ACT WHEREAS, the City of Santa Ana is committed to protecting the integrity of elections and ensuring that voters have confidence in a fair and transparent democratic process; and WHEREAS, recent partisan mid-decade redistricting actions in other states, including Texas, have demonstrated the threat of political manipulation of congressional district boundaries outside of the normal decennial census process; and
WHEREAS, Proposition 50, the Election Rigging Response Act, will appear on the November 4, 2025, statewide special election ballot, and is designed to safeguard California from similar election-rigging practices; and
WHEREAS, Proposition 50 requires that the congressional maps enacted by the Legislature in August 2025 remain in effect through 2030, ensuring stability and preventing partisan tampering until the next census cycle; and
WHEREAS, following the 2030 census, California’s independent Citizens Redistricting Commission will resume its vital role in drawing congressional districts through an open, nonpartisan, and transparent process; and
WHEREAS, the passage of Proposition 50 will send a clear message that California stands firmly against partisan manipulation of district maps and affirms our state’s longstanding support for independent redistricting commissions as a national model of fair democracy; and WHEREAS, the City of Santa Ana has a responsibility to defend the principles of representative government and to stand with its residents in ensuring that voters, not politicians, determine the outcomes of elections;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

1. The City Council hereby expresses its strong support for Proposition 50, the Election Rigging Response Act.

2. The City Council urges the voters of Santa Ana, and of California, to support Proposition 50 on November 4, 2025, as a vital measure to protect democracy, transparency, and fairness in elections.

3. The City Council directs the City Clerk to transmit copies of this Resolution to the Governor of California, the President pro Tempore of the Senate, the Speaker of the Assembly, the Orange County Board of Supervisors and other appropriate officials to affirm Santa Ana’s commitment to fair representation.

PASSED, APPROVED AND ADOPTED this 21st day of October, 2025.

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CITY ATTORNEY
Sonia R. Carvalho

CITY MANAGER
Alvaro Nuñez

CITY CLERK
Jennifer L. Hall

20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org

Councilmember-Requested Item Report

DATE
October 7, 2025

TOPIC
Algorithmic Price Fixing

COUNCILMEMBER-REQUESTED ITEM TITLE
Discuss and Consider Providing Direction to the City Manager and City Attorney to direct staff to prepare an ordinance prohibiting the use of algorithmic pricing tools

DISCUSSION
The increasing use of algorithmic pricing software by landlords has raised concerns about its impact on rental affordability and market competition. Third-party services like RealPage offer rent-setting recommendations based on proprietary and publicly available data, effectively allowing landlords to coordinate pricing strategies. This practice has been linked to significant rent increases, reduced housing affordability, and increased tenant displacement.

How Algorithmic Price Fixing Works
Landlords share private rental data with third-party software providers like RealPage, which use algorithms to estimate supply and demand, then recommend rental pricing strategies. These recommendations maximize revenue not just for individual landlords but for all landlords using the software in a given market. This adversely affects housing for the following reasons:
• Drives up rents by enabling collusion-like behavior without direct communication among landlords.
• Contributes to double-digit rent increases in some metropolitan areas. • Increases tenant displacement—some RealPage clients reported a 15% rise in turnover rates after adopting the software’s recommendations. • Reduces renter mobility and affordability, limiting access to housing.

Legal and Policy Considerations
The use of algorithmic rent-setting has faced legal challenges and regulatory scrutiny:
• Ongoing Litigation:
o The District of Columbia Attorney General sued RealPage and major landlords in 2023.
o The Arizona Attorney General filed a similar lawsuit in 2024. o More than 20 federal antitrust lawsuits have been consolidated in Tennessee, with the Department of Justice supporting plaintiffs.

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CITY ATTORNEY
Sonia R. Carvalho

CITY MANAGER
Alvaro Nuñez

CITY CLERK
Jennifer L. Hall

20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org

• Legislative Action:
o Senator Ron Wyden introduced the Preventing the Algorithmic Facilitation of Rental Housing Cartels Act in 2024 to ban algorithmic rent-setting nationwide.
o San Francisco: In July 2024, San Francisco enacted a first-in-the-nation ban on the sale or use of algorithmic devices to set rents or manage occupancy levels for residential properties.
o San Diego: The San Diego City Council President has proposed a similar ban.
o Santa Monica: In March 2025 the Santa Monica City Council will consider a proposal to ban the use of algorithmic rental price-fixing software in Santa Monica and which includes enforceable penalties for noncompliance.
o Other cities have adopted bans.

RECOMMENDATION
I recommend that the City Council direct the City Manager and City Attorney to direct staff to draft an ordinance that:

1. Prohibits the Use of Algorithmic Pricing Tools: Makes it unlawful for landlords within Santa Ana to utilize algorithmic devices or software that recommend rental rates or occupancy levels for residential properties.

2. Bans the Provision of Such Tools: Prohibits any entity from selling, licensing, or providing algorithmic pricing software to landlords operating residential properties within Santa Ana.

3. Defines Key Terms: Clearly defines "algorithmic device" as any software or tool that uses algorithms to process data, including nonpublic competitor data, to advise on rental pricing or occupancy strategies.

4. Establishes Enforcement Mechanisms: Empowers the City to enforce these provisions through appropriate penalties and remedies for violations.

Implementing this ordinance aims to promote fair rental practices, prevent potential anti- competitive behaviors, and ensure housing affordability for Santa Ana residents. By addressing the use of algorithmic pricing tools, the City seeks to maintain a competitive and transparent rental market.

By considering such an ordinance, Santa Ana would join other forward-thinking California cities in safeguarding renters from potential exploitative practices associated with algorithmic pricing tools. This action aligns with the City's commitment to ensuring fair and affordable housing for all residents, alongside a competitive and transparent rental market.

SUBMITTED BY
Councilmember Jessie Lopez

EXHIBIT(S)

1. City of San Francisco Ordinance

2. Sample Ordinance (for discussion only)

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25 AMENDED IN COMMITTEE
7/29/2024
FILE NO. 240766 ORDINANCE NO. 224-24
[Administrative Code - Ban on Automated Rent-Setting]
Ordinance amending the Administrative Code to prohibit the sale or use of algorithmic devices to set rents or manage occupancy levels for residential dwelling units located in San Francisco.

NOTE: Unchanged Code text and uncodified text are in plain Arial font.

Additions to Codes are in single-underline italics Times New Roman font.

Deletions to Codes are in strikcthreugh italics Times New Remanfont.

Board amendment additions are in double-underlined Arial font.

Board amendment deletions are in strikethrough Arial font.

Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables.

Be it ordained by the People of the City and County of San Francisco:

Section 1. Background and Findings.
(a) In recent years, a number of new revenue management software programs, often referred to as "algorithmic devices," have threatened to destabilize rental housing markets in cities nationwide, including San Francisco.
(b) These programs enable landlords to indirectly coordinate with one another through the sharing of non-public competitively sensitive data, in order to artificially inflate rents and vacancy rates for rental housing. Participating landlords provide vast amounts of proprietary data to the programs, which in turn do not just summarize statistical data, but also perform calculations with the data to then set or provide recommendations for rent and occupancy levels.
(c) More and more landlords in large U.S. cities now pool their data and pricing decisions using such software. By some estimates, this includes owners of as much as 70% of all rental housing in San Francisco.

Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 1

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25 (d) The software has contributed to double-digit rent increases, higher vacancy rates, and higher rates of eviction, and has generally distorted markets so that rents and vacancy rates have increased in tandem.
(e) Often used by large corporate landlords, the software fuels the consolidation of corporate and private equity ownership of rental housing, at the expense of landlords large and small who are willing to play by the normal rules. Landlords using these tools are not engaging in appropriate market behavior. And the companies developing and selling these tools to San Francisco landlords are not doing so either, and are contributing to these problems.
(f) Numerous antitrust lawsuits have been filed against certain of these companies, including RealPage, Inc. and Yardi Systems, Inc. The lawsuits allege that these companies are enabling and participating in a scheme of unlawful rent-fixing. These include a lawsuit filed by the District of Columbia Attorney General in November 2023, a lawsuit filed by the Arizona Attorney General in February 2024, and more than 20 federal private class action lawsuits filed nationwide that have been consolidated in the federal court in the Middle District of Tennessee. The United States Department of Justice recently filed a Statement of Interest in support of the efforts to regulate these companies.
(g) Instead of waiting for court processes which may take years to resolve, this ordinance prohibits the sale or use of algorithmic devices for the purpose of setting rents on residential dwelling units in San Francisco, to bring immediate relief to San Francisco tenants, as well as to put landlords who have been using these devices on equal footing with those who are willing to adhere to fair standards for setting rental rates. (h) This ordinance is not intended to prevent the development or sale of software to help landlords manage their units generally or through the use of public data. Nor does this ordinance regulate the amount of rent that a landlord may charge. This ordinance takes aim Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 2

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25 only at the use of tAe-algorithmic devices that analyze and share non-public data, to prevent the harms described above.

Section 2. Chapter 37 of the Administrative Code is hereby amended by adding Section 37.1 OC, to read as follows:

SEC. 37.JOC. USE AND SALE OF ALGORITHMIC DEVICES PROHIBITED. (a) Prohibition on Sale. It shall be unlawful to sell, license, or otherwise provide to San Francisco landlords any algorithmic device that sets, recommends. or advises on rents or occupancy levels that may be achieved for residential dwelling units in San Francisco. (b) Prohibition on Use. It shall be unlawful for a landlord to use an algorithmic device described in subdivision (a) when setting rents or occupancy levels for residential dwelling units in San Francisco. Each separate month that a violation exists or continues, and each separate residential dwelling unit for which the landlord used the algorithmic device, shall constitute a separate and distinct violation.
(c) Definitions.
(I) ''Algorithmic device" means a device such as a, commonly known as revenue management software program,; that uses one or more algorithms to perform calculations of non-public competitor data concerning local or statewide rents or occupancy levels, for the purpose of advising a landlord on whether to leave tJ::le.i.r...g unit vacant or on the amount ofrent that the landlord may obtain for that unitfrom a tenant. ''Algorithmic device" includes a product that incorporates an algorithmic device, but does not include (A) a-Ry report that publishe~d by a trade association that receives renter existing rental dataand publishes it in an aggregated manner but does not recommend rents or occupancy levels for future leases; or (B) a product used for the purpose of establishing rent or income limits in accordance with the a/fordable housing program guidelines of a local government, the state, the federal government, or other political subdivision.

Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 3

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25 (2) "Non-public competitor data" means information that is not available to the general public. including information about actual rent prices, occupancy rates. lease start and end dates. and similar data. regardless whether the information is attributable to a specific competitor or anonymized, and regardless whether it is derived from or otherwise provided by another person that competes in the same market or a related market.
(d) Remedies.
(I) The City Attorney may file a civil action for violations of subsections (a) and/or (b), hr damages, injunctive relief, restitution/return of illegal profits. and/or civil penalties ofup to $1,000 per violation. The court shall award reasonable attorney's fees and costs to the City Attorney if the City Attorney is the prevailing party in such a civil action. (2) A tenant may file a civil action for violations of subsection (b). for injunctive relief, money damages. and/or civil penalties o{up to $1,000 per violation. The court shall award reasonable attorney's fees and costs to the tenant if the tenant is the prevailing party in such a civil action. A lease provision that limits a prevailing tenant from obtaining attorneys' fees shall not be enforceable against a tenant's claim for attorneys' fees that arises under this subsection (d)(2). =(e) Undertaking for the General Welfare. In enacting and implementing this Section 3 7.1 OC, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused iniury. =(f) Severability. If any subsection, sentence, clause, phrase, or word of this Section 3 7.1 OC, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision ofa court of competent jurisdiction, such decision shall not affect the validity oft he remaining portions or applications of the Section. The Board of Supervisors hereby declares that it would have passed this Section and each and every subsection, sentence, clause, phrase, and word not declared Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 4

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25 invalid or unconstitutional without regard to whether any other portion of this Section or application thereof would be subsequently declared invalid or unconstitutional.

Section 3. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance.

APPROVED AS TO FORM:

DAVID CHIU, City Attorney
By: =--=Is:.:_/ _________ _

MANU PRADHAN
Deputy City Attorney
n :\legana\as2024\2400283\0177 5704 .docx
Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 5

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City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number: 240766 Date Passed: September 03, 2024
Ordinance amending the Administrative Code to prohibit the sale or use of algorithmic devices to set rents or manage occupancy levels for residential dwelling units located in San Francisco.

July 29, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF

THE WHOLE BEARING SAME TITLE
July 29, 2024 Land Use and Transportation Committee - DUPLICATED AS AMENDED July 29, 2024 Land Use and Transportation Committee - RECOMMENDED AS AMENDED

AS A COMMITTEE REPORT
July 30, 2024 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai and Stefani
Excused: 1 - Walton I
September 03, 2024 Board of Supervisors - Fl NALLY PASSED ; Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Pres n, Ronen, Safai, Stefani and Walton
File No. 240766
London N. Breed
Mayor
City and County of S<m Fmncisco Page I
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
9/3/2024 by the Board of Supervisors of the
City and County of San Francisco.

Angela Calvillo
Clerk of the Board
Date Approved
Printed at 9:42 am on 9/4/24

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SEC. 1. SHORT TITLE.

This act may be cited as the “Preventing Algorithmic Rent Fixing in the Rental Housing Market Act.”
SEC. 2. UNLAWFUL CONDUCT.
(a) In General.—
(1) CONSPIRACY IN RESTRAINT OF TRADE.—It is unlawful for any real estate lessor, in or affecting commerce, or any agent or subcontractor thereof, to subscribe to, contract with, or otherwise exchange anything of value in return for the services of a service provider. (2) FACILITATION OF CONSPIRACY IN RESTRAINT OF TRADE.—It is unlawful for any service provider, in or affecting commerce, to facilitate an agreement to not compete among real estate lessors with respect to residential dwelling units.

SEC. 3. DEFINITIONS.
(a) In general—
In this Act:
(1) COORDINATING.—The terms “coordinate” or “coordinating” mean, with respect to a service provider—
(A) collecting of historical or contemporaneous prices, price changes, supply levels, occupancy rates, or lease or rental contract termination and renewal dates of residential dwelling units from two or more real estate lessors or from public databases;
(B) analyzing or processing of the information described in subparagraph (A) using a system, software, or process that uses computation; and (C) recommending rental prices, lease terms, or occupancy levels to a real estate lessor.
(2) PERSON.—The term “person” means any natural person, corporation, partnership, limited liability company, firm, or association.’
(3) the term ‘predispute arbitration agreement’ means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement; and (4) the term ‘predispute joint-action waiver’ means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement; and
(5) SERVICE PROVIDER .—The term “service provider” means any person that performs a coordination function, as defined in Section 3(a)(1) of this Act, for any real estate lessor or rentor.
(6) RESIDENTIAL DWELLING UNIT.—The term “residential dwelling unit”— (A) means any house, apartment, accessory unit, or other unit intended to be used as a person’s primary residence; and
(B) does not include inpatient medical care, licensed long-term care, and detention or correctional facilities.

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(7) REAL ESTATE LESSOR.—The term “real estate lessor” means any individual, corporation, partnership, association, joint-stock company, trust, or unincorporated organization that owns real property and leases such property or any portion thereof in the form of a residential dwelling unit.

SEC. 4. ENFORCEMENT.
(a) Enforcement.—
(1) IN GENERAL.—
(A) PUBLIC ENFORCEMENT.—The Attorney General or any city, county, or district attorney may bring a civil action, as parens patriae on behalf of natural persons residing in the state, in the superior court of any county which has jurisdiction of a defendant, to secure monetary relief as provided in this section for injury sustained by those natural persons to their property by reason of any violation of this chapter. (B) PRIVATE RIGHT OF ACTION. Any person who is injured by reason of anything forbidden or declared unlawful by this chapter, may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy.
(2) UNFAIR METHODS OF COMPETITION.—A violation of this Act shall also constitute an unfair method of competition.
(3) AWARD AMOUNT.—
(A) TREBLE DAMAGES.—The court shall award to the plaintiff threefold the damages sustained by the plaintiff.
(B) INTEREST ON DAMAGES.—Pursuant to a motion by the plaintiff promptly made, the court may award simple interest on actual damages sustained by the plaintiff for the period beginning on the date of service of the pleading of the plaintiff setting forth a claim under this Act and ending on the date of judgment, or for any shorter period therein.
(4) INVALIDITY OF PRE-DISPUTE ARBITRATION AGREEMENTS AND JOINT-ACTION WAIVERS.— At the election of the person alleging conduct constituting a violation of this section, or the named representative of a class or in a collective action alleging such conduct, no pre- dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State or Local law and relates to a violation of this section.
(5) ATTORNEYS FEES AND COSTS.--In the case of any successful action to enforce liability pursuant to this Act, the costs of the action together with reasonable attorney fees as determined by the court shall be awarded to plaintiffs. Costs and attorney fees shall be awarded to the attorney general or a city, county, or district attorney in all actions where the attorney general or the city, county, or district attorney successfully enforces this article.

SEC. 5. SEVERABILITY.

If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any person or circumstance shall not be affected thereby.

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Community Development Agency
www.santa-ana.org/cd
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 7, 2025
TOPIC: Permanent Supportive Housing Inspections Work Study Session

AGENDA TITLE
Permanent Supportive Housing Inspections Work Study Session

RECOMMENDED ACTION
Discuss and provide direction to staff.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
At its regular meeting on May 6, 2025, the City Council discussed the need to increase oversight and monitoring of City-supported Permanent Supportive Housing (PSH) communities. This discussion was prompted by a significant drug investigation and enforcement action conducted by the Police Department at a local PSH community in February 2025.

In response, the City Council directed staff to return with background information and police call-for-service data related to existing PSH communities. Additionally, recognizing that PSH communities serve a uniquely vulnerable population, including formerly homeless individuals and families with disabilities and addiction issues, staff was asked to provide potential options for enhancing the City’s role in monitoring and oversight to ensure a well-managed and safe living environment for all residents.

Overview of Permanent Supportive Housing in Santa Ana
Over the last ten years, the City Council has approved funding and entitlements for 488 permanent supportive housing units across 11 developments. PSH communities serve a uniquely vulnerable population, including formerly homeless individuals and families with disabilities. PSH units are a critical component of the City’s strategy to address homelessness, reduce public health risks, and stabilize households. These communities provide long-term housing stability and supportive services to individuals with the greatest barriers to independence. Residents in PSH units receive services and support to help improve their mental health and stability.

The following lists affordable housing projects that have PSH units in the order of when they were first developed and highlights those projects that are 100% PSH communities

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(355 units) such as The Orchard, Heroes’ Landing, Casa Querencia, Estrella Springs, WISEPlace, and FX Residences:

Project Name Address # of PSH
Units
Total # of
Units
The Orchard* 2151 E 1st Street 72 72
Depot at Santiago 923 N Santiago Street 16 70
Santa Ana Arts Collective 1666 N Main Street 15 58
Heroes’ Landing* 3314 W 1st Street 75 75
Casa Querencia* 317 17th Street 56 56
Legacy Square 301 E Santa Ana Boulevard 33 93
Estrella Springs* 1108 N Harbor Boulevard 89 89
Archways 2530 Westminster Avenue 26 85
Crossroads at Washington 1146 E Washington Avenue 43 86 WISEPlace* 1411 N Broadway 47 47
FX Residences* 801 E Santa Ana Boulevard 16 16
TOTAL 488 747
*100% Permanent Supportive Housing Projects
Current Inspection of Rental Housing
Rental housing properties and units within the City are subject to inspections to ensure compliance with minimum health, safety, and welfare standards as required by State law and local ordinances. The City conducts two levels of inspections for publicly assisted housing units:

1. Santa Ana Housing Authority (SAHA) Inspections
The Santa Ana Housing Authority administers federal rental assistance through the Housing Choice Voucher Program and Project-Based Voucher units and uses the National Standards for the Physical Inspection of Real Estate (NSPIRE) to evaluate the physical condition of housing. These standards emphasize health, safety, and functional concerns over cosmetic issues. SAHA’s Residential Construction Specialists inspect units for:
•Structural integrity: Sound walls, ceilings, and roofs free of major damage or leaks.
•Essential utilities: Working plumbing (hot and cold water), sewage connections, and heating systems.
•Safety and security: Smoke/carbon monoxide detectors, secure locks, and safe electrical systems.
•Sanitation: Proper ventilation, waste disposal, and absence of pests. •Hazardous materials: Identification of exposed wiring, lead-based paint (in pre-1978 structures), and other health hazards.

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SAHA currently employs one full-time and one part-time inspector responsible for annual inspections of both project-based and tenant-based voucher units. In addition to the annual inspections, SAHA staff also conducts the following inspections:
•Pre-Contract Inspections: Before executing a PBV Housing Assistance Payments (HAP) contract, SAHA must inspect each contract unit to ensure it meets HUD’s HQS/NSPIRE (24 CFR § 983.103(b)). The property owner cannot receive housing assistance payments for any unit until SAHA verifies it meets these standards.
•Special and Complaint Inspections: SAHA must conduct an inspection whenever a participant reports a problem or submits a complaint about the condition of their unit (24 CFR § 983.103(f)). SAHA is responsible for determining if the issue violates HQS/NSPIRE and for requiring the owner to correct the deficiency.
•Owner Non-Compliance: If an owner fails to maintain the unit in accordance with HQS/NSPIRE, SAHA must take prompt and appropriate action, which may include withholding or abating Housing Assistance Payments, or terminating the HAP contract for the affected unit(s) (24 CFR § 983.208).

2. Proactive Rental Enforcement Program (PREP) Inspections In addition to SAHA inspections, all rental units in the City, units within PSHs are subject to inspections under the City’s Proactive Rental Enforcement Program (PREP) pursuant Division 2 of Article X of the Santa Municipal Code, which began in July 2016. PREP is a systematic code enforcement program by ordinance designed to identify and correct substandard housing conditions across all rental units. Code Enforcement staff conduct proactive inspections or in response to service calls to assess:
•Threats to occupant safety
•Threats to the structural integrity of the building
•Negative impacts on surrounding neighborhoods
All rental properties must register with the City and pay the associated PREP fee, which funds these inspections.

Together, the SAHA inspections and the PREP inspections provide a two-tiered oversight system.

Calls for Service and Oversight
SAHA has modified its procedures to collect calls for service data from the Santa Ana Police Department (“SAPD”) to monitor these PSH communities on a monthly basis and

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proactively maintain active communication with property owners, managers, and service providers.

From July 1, 2024, to June 30, 2025, 100% PSH projects such as The Orchard (336 calls) and Casa Querencia (306 calls) generated a noticeable higher number of police and service calls compared to mixed-income PSH projects such as the Depot at Santiago (24 calls). Below are the calls for service at the following PSH communities in full operation from July 1, 2024 to June 30, 2025 (Archways, Estrella Springs, FX Residences, and WISEPlace are newly developed and do not have calls for service to analyze for this 1-year timeframe):

Project Name Calls for Service
The Orchard* 336
Depot at Santiago 24
Santa Ana Arts Collective 57
Heroes’ Landing* 198
Casa Querencia* 306
Legacy Square 61
Crossroads at Washington 49
*100% Permanent Supportive Housing Projects
The Orchard has had the most calls for service with a total of 336 calls for service. The Orchard was the location of the narcotic investigation and search warrant prompting the City Council’s discussion. On September 3, 2025, SAPD conducted two separate narcotic investigations and search warrants related criminal investigation at the site. A review of the calls for service highlights a range of safety concerns that have been consistent for a 14-month period (July 2, 2024 – September 7, 2025). See summary of calls for service below:
•Trespassing – 83 calls
•Narcotic Activity – 69 calls
•Disturbing the Peace – 46 calls
•Suspicious Circumstances – 45 calls
•Welfare Checks – 31 calls
•Domestic Violence – 11 calls
•Warrants – 1 served on Feb. 20, 2025, and 2 served on Sep. 3, 2025 Options for Enhancing Monitoring and Oversight
SAHA Ministerial and Administrative Inspection Option: In addition to the annual and administrative inspections available to the City under existing requirements and procedures as described above and in response to the recent concerns, SAHA has already taken actions modifying its procedures to increase monitoring and oversight of the PSHs.

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Staff met with Community Development Partners (CDP), the property owner, and Mercy House, who provides the wrap-around supportive services for residents at The Orchard, on March 4, 2025 to discuss the calls for service and the SAPD enforcement actions at the Orchard.

Following this meeting, SAHA issued Notices to Comply to CDP in March and April 2025. The Notices to Comply required a change in their property management company and mandated 24/7 on-site security. CDP added the 24/7 on-site security at the Orchard on April 7, 2025. On July 1, 2025, CDP changed their property management company from FPI to QMG. Mercy House’s onsite case manager has increased communication with the property management company concerning issues with residents. SAHA staff has communicated clear expectations, monitored progress, and coordinated follow-up meetings with CDP at The Orchard and Casa Querencia (both 100% PSH) and will continue to work toward resolving these issues.

SAHA revised procedures to allow increased monitoring and collection of calls for service data with the SAPD and Code Enforcement for all PSHs on a monthly basis.

Similar to the increased monitoring of the Orchard, SAHA will conduct regular meetings with property owners, their property managers, and the groups providing the wrap- around services to residents in the PSHs.

Public Nuisance Abatement Action: Under the current SAMC, the City has authority to inspect and take code enforcement actions on the property if necessary subject to applicable noticing requirements and due process and procedures.

As added enforcement action, working with Code Enforcement, SAPD, and the City Attorney’s Office, based on the number of calls for service, can evaluate the need to file a public nuisance and drug abatement action. This action mirrors current enforcement actions at several problem properties on East First Street and is subject to City Council approval.

This action would be prompted solely on the risk‑based inspections warranted by property conditions or risk factors, including criminal and narcotic activity, violation history, outstanding complaints, building condition, or the presence of vulnerable populations.

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Permanent Supportive Housing Inspections Work Study Session October 7, 2025

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FISCAL IMPACT
There is no fiscal impact associated with this action. Staff will further evaluate the need for any additional resources that may be necessary depending on direction provided by the City Council on requested inspection levels and abatement actions.

EXHIBIT
None.

Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager

City Council
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HOUSING AUTHORITY 1 August 19, 2025

DRAFT Minutes of the Special Meeting
of the Housing Authority
Santa Ana, California

August 19, 2025

CALL TO ORDER

MINUTES: Chair Amezcua called the Special Housing Authority Meeting to order at 10:29 P.M.

ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan
Vice Chair Benjamin Vazquez
Chair Valerie Amezcua

City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall

ROLL CALL

MINUTES: Secretary Jennifer L. Hall conducted Roll Call.

Chair Amezcua, Vice Chair Vazquez , and Authority Members Bacerra, Hernandez, Lopez, Penaloza, and Phan were present.

ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA

MINUTES: None.

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HOUSING AUTHORITY 2 August 19, 2025

PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.

MINUTES: None.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.

MINUTES: At 10:29 P.M., the Consent Calendar was considered.

MOTION: Authority Member Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 3, seconded by Authority Member Penaloza.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

AUTHORITY MEMBER B ACERRA, AUTHORITY MEMBER

HERNANDEZ, AUTHORITY MEMBER LOPEZ, AUTHORITY

PENALOZA, AUTHORITY MEMBER PHAN,

VICE CHAIR

VAZQUEZ, CHAIR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 - Pass

1. Excused Absences

Department(s): City Clerk’s Office

Recommended Action: Excuse the absent members.

2. Minutes from the Regular Adjourned and Special Meeting of July 15, 2025

Department(s): City Clerk’s Office

Recommended Action: Approve minutes.

3. Agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and Orangewood Foundation for Services Coordination for Transitional Age Youth and Former Foster Youth (Specification No. 25057A)

Department(s): Community Development Agency

Recommended Action: Approve and authorize the execution of an agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and

CONSENT CALENDAR

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HOUSING AUTHORITY 3 August 19, 2025

Orangewood Foundation to provide services coordination for transitional age youth and former foster youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessness and who have been matched with a Foster Youth to Independence voucher, in an amount not to exceed $632,839, for a three-year term beginning August 19, 2025, and expiring August 18, 2028, with the option for a one- year extension. (Agreement No. A -2025-137) (related to City Council Agenda Item No. 14)

**END OF CONSENT CALENDAR**

HOUSING AUTHORITY MEMBER COMMENTS

MINUTES: None.

ADJOURNMENT – Adjourn the Housing Authority meeting.

MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 10:30 P.M.

Respectfully submitted:

__________________________
Jennifer L. Hall, CMC
Secretary

City Council
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Community Development Agency
www.santa-ana.org/cd
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 7, 2025
TOPIC: Section Eight Management Assessment Program High Performer Certification

AGENDA TITLE
Section Eight Management Assessment Program High Performer Certification for Fiscal Year Ending June 30, 2025

RECOMMENDED ACTION
Receive and file the Section Eight Management Assessment Program High Performer Certification for Fiscal Year Ending June 30, 2025.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
For the eighth consecutive year, the Housing Authority of the City of Santa Ana (SAHA) has been designated a High Performer by the U.S. Department of Housing and Urban Development (HUD) under the Section Eight Management Assessment Program (SEMAP). This prestigious designation recognizes SAHA as one of the nation’s top- performing public housing authorities in administering the Housing Choice Voucher Program. It reflects the dedication and expertise of SAHA staff in delivering high-quality housing assistance to the community’s most vulnerable residents.

SEMAP is HUD’s performance management system for evaluating the management and administration of the Housing Choice Voucher Program. It measures efficiency, regulatory compliance, and program quality across 14 performance indicators, including waiting list management, determination of adjusted income, inspections, utilization, and family self-sufficiency. In general, SEMAP is HUD’s framework for monitoring and measuring the performance of public housing authorities. Public housing authorities (PHAs) that score above 90% are designated as High Performers while those that score below 60% are designated as Troubled and placed under HUD oversight.

SAHA’s SEMAP score for Fiscal Year Ending (FYE) June 30, 2025 was 90%. SAHA earned perfect scores in 10 out of the 14 SEMAP performance indicators. To achieve this success, since July 2015, SAHA has maintained a quality control program that exceeds HUD’s minimum performance management requirements for SEMAP, demonstrating a commitment to program integrity and service excellence. For example, to measure performance under SEMAP Indicator # 3 (Determination of Adjusted

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Section Eight Management Assessment Program High Performer Certification October 7, 2025

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Income), staff audited 432 randomly selected tenant files, equal to 12 times the number of files that HUD requires staff to audit. This extraordinary effort ensures accurate housing assistance calculations for every family served.

Program utilization stands out as another key SEMAP performance indicator of the SAHA’s success and serves as a vital measure of how effectively staff utilizes available funding to provide housing assistance to vulnerable families in the community. For SEMAP indicator # 13 (Lease-Up), SAHA utilized 106.4% of its Budget Authority in Calendar Year 2024 (“Budget Authority” is the amount of funds provided by HUD each Calendar Year). The excess above 100% is covered by housing assistance payments (HAP) reserves and recuperated the following year with additional funds authorized by HUD. Over the last five years, sustained efforts to utilize and maximize available funds have increased rental assistance funding for residents by more than $15 million:

Calendar
Year
Total Budget Authority
Expended
(HAP Expense)
Allocated Budget
Authority
(Eligibility)
HAP Expense as
% of Eligibility
2020 $36,624,763 $35,819,279 102.2%
2021 $39,417,200 $38,739,843 101.7%
2022 $42,392,321 $40,497,979 104.7%
2023 $47,195,265 $45,630,128 103.4%
2024 $52,303,277 $49,152,885 106.4%
The Family Self-Sufficiency (FSS) program also continues to excel, and over the last four (4) years, participation in the program has increased with enrollment at 263% of the mandatory requirement by HUD. This underscores SAHA’s commitment to helping families achieve economic independence.

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Section Eight Management Assessment Program High Performer Certification October 7, 2025

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FSS participants sign a 5-Year Contract of Participation, work toward goals for self- sufficiency and employment, and strive to graduate by completing their contract goals and maintaining self-sufficiency without assistance for a year. Over the last five (5) years, 45 families have successfully graduated from the FSS program. As the family’s income increases, a portion of that increase is deposited into an interest-bearing escrow account that they receive (with the accumulated interest) upon graduation. Most recently, a graduation ceremony was held at the WORK Center in September to celebrate 13 new graduates from the program.

This High Performer designation underscores SAHA’s leadership among public housing authorities across the country. By exceeding utilization, maintaining strict quality controls, and investing in family self-sufficiency, SAHA provides a local model of excellence. For the community, this translates into more families housed, accurate housing assistance payments for each family, higher quality units maintained, and residents moving toward economic independence.

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

EXHIBIT(S)

1. Housing Authority of the City of Santa Ana SEMAP Score for FYE June 2025

2. SEMAP Certification for FYE June 2025
Submitted By: Michael L. Garcia, Executive Director, Community Development Agency Approved By: Alvaro Nuñez, City Manager

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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
300 North Los Angeles Street, Suite 4054
Los Angeles, CA 90012

OFFICE OF PUBLIC HOUSING
September 19, 2025
Mr. Judson Brown
Executive Director
Housing Authority of the City of Santa Ana
20 Civic Center Plaza, M-27
Santa Ana, CA 92701
Dear Mr. Brown:

Thank you for completing your Section 8 Management Assessment Program (SEMAP) certification for the Housing Authority of the City of Santa Ana. We appreciate your time and attention to the SEMAP assessment process. SEMAP enables HUD to better manage the Section 8 tenant-based program by identifying PHA capabilities and deficiencies related to the administration of the Section 8 program. As a result, HUD will be able to provide more effective program assistance to PHAs.
ended 6/30/2025 is 130. The following are your scores on each indicator:

The Housing Authority of the City of Santa Ana’s final SEMAP score for the fiscal year I
ndicator 1 Selection from Waiting List (24 CFR 982.54(d)(1and 982.204(a)) 15 I
ndicator 2 Reasonable Rent (24 CFR982.4, 982.54(d)(15), 982.158(f)(7) and 982.507) 20 I
ndicator 3 Determination of Adjusted Income (24 CFR part 5, subpart F and 24 CFR 982.516) 15 I
ndicator 4 Utility Allowance Schedule (24 CFR 982.517) 5 I
ndicator 5 HQS Quality Control (24 CFR 982.405(b)) 5
Indicator 6 HQS Enforcement (24 CFR 982.404) 0
Indicator 7 Expanding Housing Opportunities 5
Indicator 8 Payment Standards (24 CFR 982.503) 5
I
ndicator 9 Timely Annual Reexaminations (24 CFR 5.617) 10 I
ndicator 10 Correct Tenant Rent Calculations (24 CFR 982, Subpart K) 5 Indicator 11 Pre-Contract HQS Inspections (24 CFR 982.305) 5 I
ndicator 12 Annual HQS Inspections (24 CFR 982.405(a)) 10 I
ndicator 13 Lease-Up 20
Indicator 14 Family Self-Sufficiency (24 CFR 984.105 and 984.305) 10 I
ndicator 15 Deconcentration Bonus N/A
Your overall performance rating is High. Your PHA has earned a total of 130 points out of 145 poss
ible points.

EXHIBIT 1

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Thank you for your cooperation with the SEMAP process. Should you have any questions regarding this matter, please contact Liseth Aguilera, Portfolio Management Specialist, at (213) 534- 2595 or Liseth. [email protected].

Sincerely,

Rudy Rodriguez
Division Director
Office of Public Housing

EXHIBIT 1

City Council
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5 10/7/2025

Section 8 Management Assessment
Program (SEMAP)
U.S. Department of Housing
and Urban Development
Offi ce of Public and Indian Housing
0MB Approval No. 2577-0215
(exp. 12/31/2026)
Certification
Public reporting burden for this collection of information is estimated to average 12 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid 0MB control number.

This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency (PHA) administering a Section 8 tenant-based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns the performance of the PHA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and other data to assess PHA management capabilities and deficiencies, and to assign an overall performance rating to the PHA. Responses are mandatory and the information collected does not lend itself to confidentiality.

Instructions Respond to this certification form using the PHA's actual data for the fiscal year just ended.

PHA Name For PHA FY Ending (mm/dd/yyyy) Submission Date (mm/dd/yyyy) Housing Authority of the City of Santa Ana 06/30/2025 08/25/2025 Check here if the PHA expends less than $300,000 a year in Federal awards 17 Indicators 1 - 7 will not be rated if the PHA expends less than $300,000 a year in Federal awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. A PHA that expends less than $300,000 in Federal awards in a year must still complete the certification for these indicators.

Performance Indicators

1. Selection from the Waiting List. (24 CFR 982.54(d)(1) and 982.204(a)) (a) The PHA has written policies in its administrative plan for selecting applicants from the waiting list.

PHA Response Yes [ZJ No □
(b) The PHA's quality control samples of applicants reaching the top of the waiting list and of admissions show that at least 98% of the families in the samples were selected from the waiting list for admission in accordance with the PHA's policies and met the selection criteria that determined their places on the waiting list and their order of selection.

PHA Response Yes [ZJ No □

2. Reasonable Rent. (24 CFR 982.4, 982.54(d)(15), 982.158(f)(7) and 982.507)

3. 4.

5. (a) The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units (i) at the time of initial leasing, (ii) before any increase in the rent to owner, and (iii) at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA's method takes into consideration the location, size, type, quality, and age of the program unit and of similar unassisted units, and any amenities, housing services, maintenance or utilities provided by the owners.

PHA Response Yes [ZJ No □
(b) The PHA's quality control sample of tenant files for which a determination of reasonable rent was required shows that the PHA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one):

PHA Response [ZJ At least 98% of units sampled D 80 to 97% of units sampled D Less than 80% of units sampled Determination of Adjusted Income. (24 CFR part 5, subpart F and 24 CFR 982.516) The PHA's quality control sample of tenant files shows that at the time of admission and reexamination, the PHA properly obtained third party verification of adjusted income or documented why third party verification was not available; used the verified information in determining adjusted income; properly attributed allowances for expenses; and, where the family is responsible for utilities under the lease, the PHA used the appropriate utility allowances for the unit leased in determining the gross rent for (check one):

PHA Response D At least 90% of files sampled [ZJ 80 to 89% of files sampled D Less than 80% of files sampled Utility Allowance Schedule. (24 CFR 982.517)
The PHA maintains an up-to-date utility allowance schedule. The PHA reviewed utility rate data that it obtained within the last 12 months, and adjusted its utility allowance schedule if there has been a change of 10% or more in a utility rate since the last time the utility allowance schedule was revised.

PHA Response Yes [ZJ No D
HQS Quality Control Inspections. (24 CFR 982.405(b))
A PHA supervisor ( or other qualified person) reinspected a sample of units during the PHA fiscal year, which met the minimum sample size required by HUD (see 24 CFR 985.2), for quality control of HQS inspections. The PHA supervisor's reinspected sample was drawn from recently completed HQS inspections and represents a cross section of neighborhoods and the work of a cross section of inspectors.

PHA Response Yes [lJ No □

6. HQS Enforcement. (24 CFR 982.404)
The PHA's quality control sample of case files with failed HQS inspections shows that, for all cases sampled, any cited life-threatening HQS deficiencies were corrected within 24 hours from the inspection and, all other cited HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any PHA-approved extension, or, if HQS deficiencies were not corrected within the required time frame, the PHA stopped housing assistance payments beginning no later than the first of the month following the correction period, or took prompt and vigorous action to enforce the family obligations for ( check one):

PHA Response D At least 98% of cases sampled [ZJ Less than 98% of cases sampled Previous edition is obsolete Page 1 of 4
form HUD-52648 (01/2024)
ref. 24 CFR Part 985
EXHIBIT 2

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7. Expanding Housing Opportunities. (24 CFR 982.54(d)(5), 982.153(b)(3) and (b)(4), 982.301(a) and 983.301(b)(4) and (b)(12)).

Applies only to PHAs with jurisdiction in metropolitan FMR areas.

Check here if not applicable D
(a) The PHA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineates areas in its jurisdiction that the PHA considers areas of poverty or minority concentration, and which includes actions the PHA will take to encourage owner participation.

PHA Response Yes [ZJ No D
(b) The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of poverty and minority concentration.

PHA Response Yes [ZJ No D
(c) The PHA has prepared maps that show various areas, both within and neighboring its jurisdiction, with housing opportunities outside areas of poverty and minority concentration; the PHA has assembled information about job opportunities, schools and services in these areas; and the PHA uses the maps and related information when briefing voucher holders.

PHA Response Yes [ZJ No D
(d) The PHA's information packet for voucher holders contains either a list of owners who are willing to lease, or properties available for lease, under the voucher program, or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration.

PHA Response Yes [ZJ No D
(e) The PHA's information packet includes an explanation of how portability works and includes a list of neighboring PHAs with the name, address and telephone number of a portability contact person at each.

PHA Response Yes [ZJ No D
(f) The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and, where such difficulties were found, the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts in any part of its jurisdiction and has sought HUD approval when necessary.

PHA Response Yes [ZJ No D

8. Payment Standards. The PHA has adopted payment standards schedule(s) in accordance with§ 982. 503.

PHA Response Yes [ZJ No D
Enter FMRs and payment standards (PS)
0-BR FMR $2,352
PS $2,211
1-BR FMR $2. 454
PS $2,307
2-BR FMR $2,903
PS $2 729
3-BR FMR $3,927
PS $3 691
4-BR FMR $4, 693
PS $4 411
If the PHA has jurisdiction in more than one FMR area, and/or if the PHA has established separate payment standards for a PHA-designated part of an FMR area, attach similar FMR and payment standard comparisons for each FMR area and designated area.

9. Annual Reexaminations. The PHA completes a reexamination for each participating family at least every 12 months. (24 CFR 982.516) PHA Response Yes [ZJ No □

10. Correct Tenant Rent Calculations. The PHA correctly calculates tenant rent in the rental certificate program and the family rent to owner in the rental voucher program. (24 CFR 982, Subpart K)
PHA Response Yes [ZJ No D

11. Initial HQS Inspections. Newly leased units pass HQS inspection within the time period required. This includes both initial and turnover inspections for the PBV program. (24 CFR 982.305; 983.103(b)-(d)).

PHA Response Yes [ZJ No □

12. Periodic HQS Inspections. The PHA has met its periodic inspection requirement for its units under contract (982.405 and 983.103(e)).

PHA Response Yes [ZJ No □

13. Lease-Up. The PHA executes housing assistance contracts for the PHA's number of baseline voucher units, or expends its annual allocated budget authority.

PHA Response Yes [ZJ No □
14a. Family Self-Sufficiency Enrollment. The PHA has enrolled families in FSS as required. (24 CFR 984.105) Applies only to PHAs required to administer an FSS program Check here if not applicable D
PHA Response
a. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through 10/20/1998. Exclude units funded in connection with Section 8 and Section 23 project-based contract terminations; public housing demolition, disposition and replacement; HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3); and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10/21/1998.) or, Number of mandatory FSS slots under HUD-approved exception Previous edition is obsolete Page 2 of 4
51 0
form HUD-52648 (01/2024)
ref. 24 CFR Part 985
EXHIBIT 2

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b. Number of FSS families currently enrolled
c. Portability: If you are the initial PHA, enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled (b + c divided by a)
134
0 263.00
14b. Percent of FSS Participants with Escrow Account Balances. The PHA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances. (24 CFR 984.305) Applies only to PHAs required to administer an FSS program Check here if not applicable D
PHA Response Yes [lJ No □
Portability: If you are the initial PHA, enter the number of families with FSS escrow accounts currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Deconcentration Bonus Indicator (Optional and only for PHAs with jurisdiction in metropolitan FMR areas).

The PHA is submitting with this certification data which show that:
69 ( 1) Half or more of all Section 8 families with children assisted by the PHA in its principal operating area resided in low poverty census tracts at the end of the last PHA FY;
(2) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area during the last PHA FY is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the last PHA FY;
or
(3) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area over the last two PHA FYs is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the second to last PHA FY.

PHA Response Yes D No [lJ If yes, attach completed deconcentration bonus indicator addendum.

I hereby certify under penalty of perjury that, to the best of my knowledge, the above responses are true and correct for the PHA fiscal year indicated above. I also certify that, to my present knowledge, there is not evidence to indicate seriously deficient performance that casts doubt on the PHA's cap ity to administer Section 8 rental assistance in accordance with Federal law and regulations.

Warning: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal a civil penalties, inclu 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012, 1014; 31 U .. §372 , 3802).

Executive Directo;, signat
u
r
�,fl '-7"' LI. - .
·��
Date (mm/dd/yyyy) 0 8 / 2 5 / 2 0 2 5
The PHA may include with its SEMAP certification any information bearing on the accuracy or comple eness of the information used by the PHA in providing its certification.

Previous edition is obsolete Page 3 of 4
form HUD-52648 (01/2024)
ref. 24 CFR Part 985
EXHIBIT 2

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SEMAP Certification - Addendum for Reporting Data for Deconcentration Bonus Indicator Date (mm/dd/yyyy) __________ _
PHA Name----------------------------------
Principal Operating Area of PHA __________________________ _ (The geographic entity for which the Census tabulates data) Special Instructions for State or regional PHAs Complete a copy of this addendum for each metropolitan area or portion of a metropolitan area (i.e., principal operating areas) where the PHA has assisted 20 or more Section 8 families with children in the last completed PHA FY. HUD will rate the areas separately and the separate ratings will then be weighted by the number of assisted families with children in each area and averaged to determine bonus points. 2020 Census Poverty Rate of Principal Operating Area ___________________ _ Criteria to Obtain Deconcentration Indicator Bonus Points To qualify for bonus points, a PHA must complete the requested information and answer yes for only one of the 3 criteria below. However, State and regional PHAs must always complete line 1) b for each metropolitan principal operating area. 1)
2)
3)
a. Number of Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY who live in low poverty census tracts. A low poverty census tract is a tract with a poverty rate at or below the overall poverty rate for the principal operating area of the PHA, or at or below 10% whichever is greater. b. Total Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY. c. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the last PHA FY (line a divided by line b).

Is line c 50% or more? Yes D No □
a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the last completed PHA FY.
b. Number of Section 8 families with children who moved to low poverty census tracts during the last completed PHA FY. c. Number of Section 8 families with children who moved during the last completed PHA FY. d. Percent of all Section 8 mover families with children who moved to low poverty census tracts during the last PHA fiscal year (line b divided by line c).

Is line d at least two percentage points higher than line a? Yes D No □ a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the second to last completed PHA FY.
b. Number of Section 8 families with children who moved to low poverty census tracts during the last two completed PHA FYs. c. Number of Section 8 families with children who moved during the last two completed PHA FYs. d. Percent of all Section 8 mover families with children who moved to low poverty census tracts over the last two completed PHA FYs (line b divided by line c).

Is line d at least two percentage points higher than line a? Yes D No □ If one of the 3 criteria above is met, the PHA may be eligible for 5 bonus points.

See instructions above concerning bonus points for State and regional PHAs.

Previous edition is obsolete form HUD-52648 (01/2024)
ref. 24 CFR Part 985
EXHIBIT 2

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Santa Ana City CouncilOctober 7, 2025

Santa Ana City Council
October 7, 2025