Santa Ana City Council
December 2, 2025

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

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

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

ATTEST:

JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:

K¥f'.E
J;;t

NELLESEN
~
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

RODOLFO ROSAS, P.E.

Acting Executive Director
Public Works Agency

CITY OF SANTA ANA

ALVARO NUNEZ
City Manager
CONTRACTOR:
[Armstrong Cal Builders Inc.]
BY: Sha~ alah
TITLE: President/CEO

Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas,
[email protected], c=US
Date: 2025.11.18 10:20:38 -08'00'
City Council 15 – 39 12/2/2025
Sc.nta Ana Zoo Slorrnwaim C,1ptwn aHI D;'J6if,ian l'rOjfcl (l'wject #24-GGO,l). bidciing on 10'09.-2026 2:00 f'M (l'DT) EXHIBIT A P,intucl 10.1:J0-'2025 Item# Item Code i Type Item DHCrlptlon UOM QTY Unit Price Line Total Re,pon.a Comment Bid Items $6,:m.,620.00
As·Bullt Plans LS $5,000.00 $5,000.00 VH
Potholing (As•Nnded)• "' $3,000.00 $15,000.00 VH
Clearing and Grubbing LS $675,000.00 $675,000.00 VH
Uncluslfled Excavation and Export CV '" $450.00 $288,000.00 VH Removal of Existing UtUltles LS $35,000.00 $35,000.00 v ..

Cold Min Ina (2" MIX) SF 11100 $1.50 $13,650.00 VH
7 Mp halt Concrete (HMA) TON 825 i $210.00 $173,250,00 v .. , crick Repair ind Emulsion Aggregate Slurry " 15000 $3.00 $45,000.00 VH Pee sldewalkperc.S,A,Std, 1104 SF 4500 $13.00 $58,500.00 VH " PCC Sidewalk per City of Tllstln std, 202 " 2800 $13.00 $36,400.00 v .. 11 Decorative pee sldewalk SF 2700 $19.00 $51,300.00 VH 12 8" PCC Pavement SF 275 $32.00 $8,800.00 v ..
" 7" PCC Commercial Driveway Apron and Depressed Curb per City of Tustin std. 208 SF "' $27.00 $16,740.00 VH 14 PcrmubleConcrete Pavers SF 6700 $44.00 $294,800.00 v .. " A·2-6 Curb and Gutter per C.S.A. Std.1101 LF '" S45.oo $17,550.00 VH " A-2 curb and Gutter per City of Tllstln Std. 201 LF "' sss.oo $11,000.00 v .. " B·1 (Modified) Curb per C,S.A.Std.1101 LF 740 $48.00 $35,520.00 v .. " 3' Wide Ribbon Gutter SF 1100 $26.00 $28,600,00 "'
" 4' Wide Cross Gutter per C.S.A. std.11 Oil (Modified) SF 1030 $24.00 $24,720.00 VH 20 6' Wide Cross Gutter pu C,S.A, Std.1109 SF 430 $25.00 $10,750,00 VH " 4' Wide Reverse P1rkway culvert LF " $470,00 $24,440.00 VH " Lout Depression per c.s,A. std, 305 "' $1,800.00 $5,400.00 VH " Curb R,mp Clise A per C1ltr.ns 5td.A88A SF "' $35.00 $4,200.00 VH ,. Swale System LS $46,000.00 $46,000.00 v ..
" Dry Creek Structure LS $145,000.00 $145,000.00 VH
" Pedestrian Bridge LS $85,000.00 $85,000.00 Yu
27 Fendng LF "' $142.00 $8B,040.00 VH
,. Pcdutrlan G1tc EA $5,000.00 $5,000.00 VH
" Adjust Valve Box frame ind Cover to Gnde perC.S.A. Std.1410 EA • $4,500,00 i $18,000.00 YH " AdJustPu!lbox to Grade EA $750,00 $2,250.00 VH
" Adjust W1terV1ult to Grlde EA $6,500.00 $6,500.00 YH
" Adjust Meter to Clrade EA :2 $700,00 $1,400.00 v ..
" 4" AWWA C900 PVC Water Main {DR 14), with Appurtenances LF '" $225,00 $139,950.00 v., " 6" AWWA C900 PVC Water Main (DR 14), with Appurtenances LF "' $355,00 $71,000.00 YH " : 8" AWWA CIIOO PVC Water Main (DR 14), w1thAppu1ten1nces LF 140 $510.00 , $71,400.00 VH " ,~ Fire Suvkfl per C.S.A, std.1417, with Appurten1nus LF , 194 '
$300,00 $58,200.00 VH
" 4R Gate Valve perC,S,A,Std, 1410 "' ' , $7,800.00 $15,600.00 VH " r Gate V1lve perc.s,A.Std, 1410 "' $11,000.00 $11,000.00 VH " cut,Plu11,1ndAb1ndon Water Main end/or Valves perC.S.A. Std.14011 and 1430 LS $27,000.00 $27,000.00 Yu : 40 8" PVC Storm Drain and Bedding perC.S.A,Std, 1150 LF "' $225,00 $133,650.00 VH 41 ,r RCP ind Bedding perC,S.A,Std, 11S0 LF "' $560,00 $115,360.00 YH " 24" RCP and Bedding perC,S.A,Std, 1150 LF 4 $1,500.00 $6,000.00 y,. "' 48" RCP and Bedding perC.5.A. Std.1150 LF .. $2,000.00 $112,000.00 VH 44 63" RCP and Bedd!n11 per C,S.A, Std, 1150 LF $3,000.00 $18,000.00 v .. " , Catch Duin ,Ype "C" per c.s.A. Std. 303, W:3.S', with C1tch Basin Fllter "' $36,000.00 $36,000.00 v .. .. Catch Basin 'type "C" per C,S.A. Std. 303, W=14", with Catch a.sin FIiter EA $52,000.00 $52,000.00 VH " C1tch Buln perSPPWC Std.303, wlth Catch Basin Filter "' $55,000.00 $55,000.00 v .. " 24" x 24" Precut Concrete Drain Inlet with Atrium Grate and Catch Duin FIiter EA $10,000.00 $30,000.00 v .. .. Diversion Structure EA $100,000,00 $100,000.00 y,.

City Council 15 – 40 12/2/2025
Sat1l<1 Ana luo Storrm-,,,1~r Capl11r,1 and Oivr,•rsicn 1',q,:•cl (l',ojf,ct /!24·GGO,I). b;<1d1no on 1 0:0912025 2:00 PM (PDJ") P,intsd 10.'30/2025 Item# Item Code ll'P• Item Ounlptlon UOM QTY Unit Price Lln11Total Ra•ponn Comment 50 Gate Valve and Vault EA i $98,000.00 $98,000.00 v .. 51 Pretrutmnt Structure EA $225,000.00 $225,000.00 v .. 52 Deflective System EA $160,000.00 $160,000.00 v ..
" Subsurfa" Sedfment11tlon/storage System LS $515,000.00 $515,000.00 v .. 54 Drywell EA 12 $55,000.00 $660,000.00 v ..
" Orywell Primary Chamber EA $280,000.00 $280,000.00 v .. " Jun di on Structure per SPPWC Std. 331·3 EA $70,000.00 $70,000.00 v ..

ST Jundlon Ch11mberlype "A" perC.S,A.Std,306 EA $60,000.00 $60,000.00 v .. " Manhole per SPPWC Std.322·3 EA $35,000,00 $35,000.00 y., " Tree Removal (As Needed)• EA $1,500.00 $4,500.00 v .. " Rootsh•vlng (As•Needed) • EA 15 $900,00 $13,500,00 v .. " swing Gate and Posts EA $7,500.00 $22,500.00 v ..
" Rolling Gate and Concrete Pad LS $75,000.00 $75,000.00 v .. " Bench EA $250.00 $750.00 y.,
.. Zoo Sign LS $10,200,00 $10,200.00 v ..
.. Funding Acknowledgement Sign EA $3,500,00 $3,500.00 YH " Interpretive Signs EA $3,000.00 $6,000.00 v ..
., Lighting LS $78,000.00 $78,000.00 v ..
.. Electrlul Improvements LS $355,000.00 $355,000.00 v .. " Landsceplng and Irrigation LS $325,000.00 $325,000.00 v ..

TO Signing and Striping LS $32,000,00 $32,000.00 v.,
71 Construction Permit LS $24,200.00 $24,200.00 v ..
" 91).0ay Landscape Establishment LS $17,500.00 $17,500.00 y., " Construction Information Sign EA $4,000.00 $4,000.00 v ..

Bid Altern,tes $245,000.00
" Flow Meter and Vault EA $245,000.00 $245,000.00 v ..

City Council 15 – 41 12/2/2025
Santa Aoa Zoo S1ormwa1er C;ipture and Dive,sion P,ojecl (P,oject #24•6604), biddiog on 10'09/2025 2:00 PM (POT) Line Item Subtotals
Section Title
Bid Items
Bid Alternates
Grand Total
Line Total
Prinled 10/30/2025
$6,382,620.00
$245,000.00
$6,627,620.00
City Council 15 – 42 12/2/2025

CITY OF SANT A ANA

PROPOSAL
PROJECT NO.: 24-6604

EXIDBITB

SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT
TOT AL BASE BID $
TOT AL ADD AL TERNA TE BID $
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.

TJME FOR COMPLETION OF IMPROVEMENTS AND LIQUID A TED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within two hundred and twenty (220) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time items (i.e. drywells, surface sedimentation/storage system, light poles, signage, etc.).

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $6,700 per calendar day.

Name of Finn Armstrong Cal Builders Inc.

Signature of BIDDER - - =~::::......,""-~""' ;__--=---- --- - ------ - - -- -f:fi President/CEO ./ m _ _;;_;;;;.;;,_;;.;.;,,;_.;;.;;;;.~- ------------------ -------- 0'> (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of -~ Title
all individual co-partners composing the firm. If a corporation, state legal name of corporation, R3 0 and names of President, Secretary, Treasurer and Manager, thereof.) o 0 P-5 of P-21
-f:fi
0)
w
00 J')
0)
t\J
0 0
0 City Council 15 – 43 12/2/2025
Construction Contract $ 6,627,620
Construction Administration $ 613,143
$ 340,000
$ 100,000
Contingencies $ 662,762
TOTAL ESTIMATED CONSTRUCTION COSTS $ 8,343,525.00
CONSTRUCTION OF PROJECT NO. 24-6604: Santa Ana Zoo Stormwater Capture and Diversion Project

COST ANALYSIS
Inspection
Materials Testing
City Council 15 – 44 12/2/2025
City Council 15 – 45 12/2/2025
City Council 15 – 46 12/2/2025
City Council 15 – 47 12/2/2025
City Council 15 – 48 12/2/2025
CEQA
Initial Study and Mitigated
Negative Declaration
City of Santa Ana
Santa Ana Zoo Stormwater Capture and
Diversion Project
1561 E. Orangethorpe Avenue, Suite 240
Fullerton, California 92831
TEL (714) 526-7500 | FAX (714) 526-7004
www.cwecorp.com City Council 15 – 49 12/2/2025
CEQA Initial Study and
Mitigated Negative Declaration
Santa Ana Zoo Stormwater Capture and Diversion
Project
Prepared for:

City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
TEL (714) 647-5659
Prepared by:
1561 E. Orangethorpe Avenue, Suite 240
Fullerton, California, 92831
TEL (714) 526-7500 | FAX (714) 526-7004 | www.cwecorp.com October 2025
City Council 15 – 50 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
- i -
Table of Contents
TABLE OF CONTENTS.................................................................................................................. i APPENDICES ..............................................................................................................................ii LIST OF FIGURES .......................................................................................................................ii LIST OF TABLES..........................................................................................................................ii ACRONYMS................................................................................................................................iii

1. INTRODUCTION............................................................................................................... 1

1.1 PURPOSE AND DOCUMENT ORGANIZATION .......................................................................................1

1.2 SUMMARY OF FINDINGS ..............................................................................................................1

2. PROJECT DESCRIPTION .................................................................................................. 2

2.1 PROJECT LOCATION ...................................................................................................................2

3. INITIAL STUDY/ENVIRONMENTAL CHECKLIST .............................................................. 4

3.1 AESTHETICS.............................................................................................................................7

3.2 AGRICULTURE AND FORESTRY RESOURCES .......................................................................................9

3.3 AIR QUALITY..........................................................................................................................11

3.4 BIOLOGICAL RESOURCES ...........................................................................................................14

3.5 CULTURAL RESOURCES .............................................................................................................17

3.6 ENERGY ................................................................................................................................19

3.7 GEOLOGY AND SOILS................................................................................................................20

3.8 GREENHOUSE GAS EMISSIONS ....................................................................................................24

3.9 HAZARDS AND HAZARDOUS MATERIALS.........................................................................................25

3.10 HYDROLOGY AND WATER QUALITY ...........................................................................................27

3.11 LAND USE AND PLANNING ......................................................................................................29

3.12 MINERAL RESOURCES............................................................................................................30

3.13 NOISE...............................................................................................................................31

3.14 POPULATION AND HOUSING....................................................................................................38

3.15 PUBLIC SERVICES.................................................................................................................39

3.16 RECREATION.......................................................................................................................41

3.17 TRANSPORTATION/TRAFFIC ....................................................................................................42

3.18 TRIBAL CULTURAL RESOURCES ................................................................................................44

3.19 UTILITIES AND SERVICE SYSTEMS ............................................................................................48

3.20 WILDFIRE ..........................................................................................................................50

3.21 MANDATORY FINDINGS OF SIGNIFICANCE...................................................................................51

4. REFERENCES.................................................................................................................. 53 City Council 15 – 51 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
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Appendices
Appendix A Mitigation Monitoring and Reporting Plan
List of Figures
Figure 2-1 Project Location.................................................................................................................3 Figure 3-1 Noise Measurement Locations ...........................................................................................33 List of Tables
Table 3-1 Noise Assessment Results ..................................................................................................32 Table 3-2 City of Santa Ana Land Use Guidelines for Exterior Noise......................................................34 Table 3-3 Construction Equipment Noise Emission Levels ....................................................................34 Table 3-4 Construction Equipment Vibration Reference Levels ............................................................37 City Council 15 – 52 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
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Acronyms
AQMP Air Quality Management Plan
BMPs Best Management Practices
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CO Carbon Monoxide
CRHR California Register of Historic Resources
dBA Maximum A-Weighted Decibels
EIR Environmental Impact Report
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
FMMP Farmland Mapping and Monitoring Program
GHG Greenhouse Gas
IPaC Information for Planning and Conservation
IS/MND Initial Study/Mitigated Negative Declaration
MLD Most Likely Descendant
MRZ Mineral Resource Zone
MT Metric Tons
NAHC National American Heritage Commission
NOx Nitrogen Oxides
PM Particulate Matter
PPV Peak Particle Velocity
PRIMP Paleontological Resources Impact Mitigation Program SARWQCB Santa Ana Regional Water Quality Control Board
SCAB South Coast Air Basin
SCAQMD South Coast Air Quality Management District
SCIC South Coastal Information Center
SMARA Surface Mining and Reclamation Act of 1975
SOx Sulfur Oxides
SVP Society of Vertebrate Paleontology
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Services
City Council 15 – 53 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
- 1 -

1. Introduction
This California Environmental Quality Act (CEQA) Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared on behalf of the City of Santa Ana (City) to identify potential site-specific environmental constraints associated with the Santa Ana Zoo Stormwater Capture and Diversion Project (Project), located at 1801 East Chestnut Ave in the City of Santa Ana, California. This document has been prepared in accordance with the CEQA (Public Resources Code §21000 et seq.), and the State CEQA Guidelines (Title 14, California Code of Regulations (CCR) §15000 et seq).

This IS/MND is an informational document intended for use by the City of Santa Ana and members of the general public as a preliminary analysis to determine if there is substantial evidence that the Project may have significant effects on the environment. If site-specific environmental constraints are found to potentially have a significant effect on the environment, with mitigation, a site-specific Environmental Impact Report (EIR) should be prepared; otherwise, the lead agency may adopt a negative declaration or MND. This IS/MND was compiled for the City with the assistance of CWE. The City is serving as the Lead Agency for the proposed Project pursuant to CEQA §21067 and CEQA Guidelines Article 4 and §15367. “Lead Agency” refers to the public agency that has the principal responsibility for carrying out or approving a Project.

1.1 Purpose and Document Organization
The purpose of this document is to evaluate the potential environmental effects of the proposed Project.

Mitigation measures, if required, have been incorporated into the Project to eliminate potential significant impacts or reduce them to a less-than-significant level.

This IS/MND is organized as follows:
➢ Section 1 – Introduction
➢ Section 2 – Project Description
➢ Section 3 – Initial Study/Environmental Checklist
➢ Section 4 – References

1.2 Summary of Findings
The CEQA Appendix G Environmental (Initial Study) Checklist is included in Section 3. The Initial Study Checklist identifies potential environmental impacts, by sections, and provides a brief discussion of each impact resulting from implementation of the proposed Project. Each response confirmed as applicable in the environmental checklist is discussed and supported with sufficient data and analysis as necessary. As appropriate, each section has discussion that describes and identifies specific impacts anticipated with project implementation.

City Council 15 – 54 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
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2. Project Description
The Santa Ana Zoo Stormwater Capture and Diversion (SAZSCAD) Project (Project) is being implemented by the City of Santa Ana to improve water quality in the Newport Bay Watershed, increase local water supplies, reduce flooding, and provide new recreational opportunities for the community. The Project features a large underground stormwater infiltration system in the primary parking lot and a smaller underground stormwater infiltration system in the overflow parking lot at the Santa Ana Zoo. These infiltration systems include drywells, which route the captured runoff to layers of soil with the highest infiltration rates, helping to reduce pollutant loading to Newport Bay. The Project is designed to capture and infiltrate approximately 4.5 acre-feet of stormwater runoff per storm event from two drainage areas, covering a total of 165 acres.

In addition to its stormwater management objectives, the Project also includes construction of a new pocket park and drought tolerant landscaping in the Zoo parking lots, pervious parking stalls, bioswales, and educational signage. This is consistent with the Zoo Master Plan and will provide new recreational opportunities for the community.

The Project goals are summarized as follows:
➢ Enhance water supply through groundwater recharge
➢ Improve water quality in the Newport Bay Watershed
➢ Maximize community benefits
➢ Reduce flooding
➢ Minimize disruption to residents and local businesses

2.1 Project Location
The proposed Project will be located in the City of Santa Ana, Orange County, California. The City of Santa Ana is Orange County’s government powerbase and serves as the County Seat. The Project site is located at the Santa Ana Zoo, at 1801 East Chestnut Avenue, as shown in Figure 2-1. The Santa Ana Zoo is a 20-acre zoo focusing on animals and plants of Central and South America, and is located on the eastern side of the City. The Zoo serves as a community space for education and recreation, welcoming over 270,000 visitors annually, and promotes community engagement in the conservation of wildlife and wild spaces.

City Council 15 – 55 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
- 3 -
Figure 2-1 Project Location
City Council 15 – 56 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
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3. Initial Study/Environmental Checklist
Environmental Checklist Form

1. Project Title: Santa Ana Zoo Stormwater Capture and Diversion Project

2. Lead Agency Name
and Address:

City of Santa Ana
20 Civic Center Plaza, Santa Ana, California 92701

3. Contact Person
and Phone
Number:

Craig Foster
NPDES Manager
(714) 647-5659

4. Project Location: Santa Ana Zoo, City of Santa Ana, California

5. Project Sponsor’s
Name and
Address:

City of Santa Ana, Public Works Agency
20 Civic Center Plaza (M-22), Santa Ana, California 92701

6. General Plan
Designation:

Open Space

7. Zoning: Open Space

8. Description of
Project:

The Santa Ana Zoo Stormwater Capture and Diversion Project features a large subsurface stormwater infiltration system in the primary parking lot and a smaller subsurface stormwater infiltration system in the overflow parking lot at the Santa Ana Zoo. The Project also includes construction of a new pocket park and drought tolerant landscaping in the Zoo parking lots, pervious parking stalls, bioswales, and educational signage.

9. Surrounding land
uses and setting:

District Center, Residential

10. Other public
agencies whose
approval is
required:

City of Tustin, Orange County Healthcare Agency

11. Have California
Native American
tribes traditionally
and culturally
affiliated with the
project area
requested
consultation
pursuant to Public
Resources Code
section 21080.3.1?
If so, has
consultation
begun?a
The City of Santa Ana sent out notification letters dated June 16, 2025 to the Cahuilla Band of Indians, Gabrieleno Band of Mission Indians – Kizh Nation, Gabrieleno/Tongva San Gabriel Band of Mission Indians, Gabrielino Tongva Indians of California Tribal Council, Gabrielino/Tongva Nation, Gabrielino-Tongva Tribe, Juaneño Band of Mission Indians, Juaneño Band of Mission Indians Acjachemen Nation – Belardes, Juaneño Band of Mission Indians Acjachemen Nation 84A, Pala Band of Mission Indians, Santa Rosa Band of Cahuilla Indians, and Soboba Band of Luiseno Indians, pursuant to Assembly Bill 52 and Public Resources Code Section 21080.3.1. The Gabrieleno Band of Mission Indians – Kizh Nation and the Juaneño Band of Mission Indians, Acjachemen Nation – Belardes, were included in the tribal consultation process pursuant to Assembly Bill 52. The process has been completed.
a. Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

City Council 15 – 57 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
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The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials
Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
City Council 15 – 58 12/2/2025
City Council 15 – 59 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
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3.1 Aesthetics
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista? X
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
X
c) In non-urbanized areas, substantially degrade
the existing visual character or quality public views
of the site and its surroundings? (Public views are
those that are experienced from a publicly
accessible vantage point). If the project is in an
urbanized area, would the project conflict with
applicable zoning and other regulations governing
scenic quality?
X
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
X
Discussion:
a) The City of Santa Ana does not designate scenic vistas in its General Plan. The Project site is located in the developed primary parking lot and undeveloped overflow parking lot of the Santa Ana Zoo, within an urbanized area. Construction will involve temporary ground disturbance, and construction equipment and materials may be visible from public vantage points. However, these activities will not significantly impact scenic views or vistas. Upon completion, the site will maintain similar aboveground parking amenities and will not obstruct existing views. Therefore, the Project is not expected to have a substantial adverse impact on scenic vistas.
b) The Project is located within the Santa Ana Zoo, a key city landmark. However, construction is limited to the parking lots, which will retain its original function post-construction, minimizing impact on this resource. According to the California Department of Transportation Scenic Highways Program Database, no state scenic highways are near the Project. Additionally, the City’s General Plan does not designate any scenic corridors or resources in the area. The site does not contain rock outcroppings or formations. As a result, there will be no impact on trees, rock formations, or state scenic highways. Therefore, impacts to scenic resources are expected to be less than significant. c) The Project is located within an urbanized open space area. Construction will involve the use of equipment and material storage, temporarily introducing contrasting features such as demolition City Council 15 – 60 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
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debris, excavated areas, and stockpiled soils. These visual disturbances will be temporary, and upon completion, the infrastructure will enhance the zoo's aesthetic quality. The Project aligns with zoning regulations and the City’s General Plan goals of preserving and enhancing scenic views. Therefore, impacts to the visual character of the site will be temporary and less than significant. d) The Project site is located within an urbanized area, primarily surrounded by residential and District Center land uses. Existing light sources, such as those from the parking lot, contribute to nighttime illumination. The Project will add new lighting to the pocket park, integrated into the existing Zoo electrical system, with no substantial adverse effects. Therefore, impacts are expected to be less than significant.

City Council 15 – 61 12/2/2025
City of Santa Ana California Environmental Quality Act
Initial Study/Mitigated Negative Declaration
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3.2 Agriculture and Forestry Resources
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program (FMMP)
of the California Resources Agency, to nonagricultural use? X
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland (as
defined by Public Resources Code section 4526), or
timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use? X
e) Involve other changes in the existing
environment which, due to their location or nature,
could result in conversion of Farmland, to nonagricultural use or conversion of forest land to nonforest use?X Discussion:
a) According to the State of California Department of Conservation FMMP, the Project site is not located in an area designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.

Therefore, there is no impact to farmland or agricultural resources. b) The Project site is not zoned for agricultural use. The City of Santa Ana is located within Orange County, which is not participating in the 2023 California Williamson Act. Consequently, there is no anticipated impact from this designation.
c) The Project location area has no forest trees or areas designated for timberland. The Project is located in an urban environment with land zoned for open space land use and surrounded by areas of residential and District Center land use. The Project will not conflict with existing zoning of forest land, timberland, or timberland zoned Timberland Production. Therefore, there is no anticipated impact.

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d) As discussed above, the Project is not located in forest land, so there will be no loss or conversion of forest land. Therefore, there is no impact.
e) The Project site is not located on land designated for agricultural use and will not result in the conversion of farmland to non-agricultural use or forest land to non-forest use. Therefore, no impacts are anticipated.

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3.3 Air Quality
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
X
c) Expose sensitive receptors to substantial
pollutant concentrations? X
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial number
of people?
X
Discussion:
a) The City of Santa Ana is located within the South Coast Air Basin (SCAB), which is bound by the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the Pacific Ocean to the south and west. The air quality in the SCAB is managed by the South Coast Air Quality Management District (SCAQMD). The SCAB has a history of recorded air quality violations and is an area where both state and federal ambient air quality standards are exceeded, and therefore, is subject to the 2022 Air Quality Management Plan (AQMP). The 2022 AQMP includes integrated strategies and control measures needed to meet National Ambient Air Quality Standards (NAAQS).

Construction will conform with the requirements of the 2022 AQMP and will use the strategies in the AQMP during all phases of construction. The Project will result in temporary impacts to air quality due to the construction activities, and will therefore, have a less than significant impact with the 2022 AQMP.
b) The Project is located in the SCAB, which is a non-attainment area for respirable fine particulate matter (PM) 2.5 (PM2.5), Lead, and Ozone. The SCAB is a designated attainment area for all other criteria pollutants. The SCAQMD has established Regional Significance Thresholds for each criteria pollutant. Potential air emissions were calculated using the CalEEMod, Version 2022.1.1.28, a model used to quantify air impacts from land use Projects located throughout California. The following table shows the daily emissions rate for unmitigated construction during the summer, in comparison to the Regional Significance Thresholds.

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Pollutant NOx PM10 PM2.5 SOx CO
Maximum Emissions rate (lbs/day) 6.95 0.36a 0.24b <0.1
c 12
Mass Daily Thresholds (lbs/day) 100 150 55 150 550
Exceed Threshold? No No No No No
a
PM10 total modeled emissions
b
PM2.5 total modeled emissions
c
SO2 modeled emissions
The Project is not expected to result in a measurable long-term increase in air pollutant emissions.

After construction, the Project will have minimal vehicle trips to the sites for inspection and maintenance procedures. Therefore, impacts would be considered less than significant. c) Certain residents, such as the very young, elderly, and those with specific illnesses or disabilities, are particularly sensitive to air pollution and are considered sensitive receptors. Sensitive receptors near the Project site include the Church of Christ in Tustin (16481 E. Main Street, Tustin, CA), Saint Jeanne De Lestonnac School (16791 E. Main Street, Tustin, CA) 0.25 miles east, Raymond A. Villa Fundamental Intermediate School (1441 E. Chestnut Avenue, Santa Ana, CA) 0.25 miles west, Robert Heideman Elementary School (15571 Williams Street, Tustin, CA) 0.4 miles south, Reach Academy (1325 E. 4
th Street, Santa Ana, CA) 0.7 miles northwest, and surrounding residential areas, especially south of E. Main Street. However, the Project will not exceed the Regional Significance Threshold for criteria pollutants. As a result, the impact on nearby sensitive receptors is expected to be less than significant with mitigation measure AIR-1.
d) Project construction equipment and activities, including diesel exhaust emissions, could generate odors. There may be situations where construction activity odors would be noticeable by persons working at or visiting nearby facilities, but these odors would not be unfamiliar or objectionable. In addition, these odors would be temporary and would dissipate rapidly from the source with an increase in distance. There are no long-term odors anticipated from the construction of the Project.

Because there may be short-term odors as a result from the temporary construction of the Project, impacts will be less than significant.

Mitigation Measures:

AIR-1 – Pursuant to Rule 403 of the SCAQMD, the following dust minimizing measures shall be implemented:
➢ City of Santa Ana and its designees shall comply with all applicable SCAQMD Rules and Regulations, including Rule 403 ensuring the cleanup of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile or disturbed surface area visible beyond the property line of the emission source.
➢ City of Santa Ana and its designees shall comply with all SCAQMD established minimum requirements for construction activities to reduce fugitive dust and PM10 emissions. ➢ Adequate water techniques shall be employed to mitigate the impact of construction-related dust particulates. Portions of the site that are undergoing surface earth moving operations shall be dewatered such that a crust will be formed on the ground surface, and then watered again at the end of each day. Site watering shall be performed as necessary to mitigate blowing dust.

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➢ Grading operations shall be suspended during first stage ozone episodes or when winds exceed 25 mph. A high wind response plan shall be formulated for enhanced dust control if winds are forecast to exceed 25 mph in any upcoming 24-hour period. ➢ Any construction equipment using direct internal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and four-degree retard. ➢ Construction operations affecting roadways within the Project area including detour routes, shall be scheduled by implementing traffic hours and shall minimize obstruction of through traffic lanes.
➢ The engines of idling trucks or heavy equipment shall be turned off if the expected duration of idling exceeds five minutes.
➢ On-site heavy equipment used during grading and construction shall be equipped with diesel particulate filters unless it is demonstrated that such equipment is not available, or its use is not cost-competitive.
➢ All haul trucks leaving or entering the site shall be covered or have at least two feet of freeboard. ➢ Any on-site stockpiles of debris, dirt or other dusty material shall be covered or watered twice daily.
➢ Any site access points within 30 minutes of any visible dirt deposition on any public right of way shall be mechanically or manually swept.

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3.4 Biological Resources
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Wildlife or US Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
X
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
X
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
X
Discussion:
a) According to a report from the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Conservation (IPaC), ten federally listed endangered species are potentially present in the area:

Pacific Pocket Mouse, California Least Tern, Coastal California Gnatcatcher, Least Bell’s Vireo, Lightfooted Ridgway’s Rail, Western Snowy Plover, Southwestern Pond Turtle, Western Spadefoot, Monarch Butterfly, and Nevin’s Barberry, with no critical habitat located within the Project area.

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However, given the urbanized location of the Project site, suitable habitat for these species is unlikely, besides species within zoo exhibits. Of the species listed, Southwestern Pond Turtles are within the zoo and Monarch Butterflies are within the zoo seasonally in the spring and summer, but construction will not impact their habitat. While small areas such as the zoo's surrounding trees or garden spaces may provide limited habitat, they are not significant enough to support candidate, sensitive, or special-status species, and thus will not result in adverse effects. The Project will implement mitigation measures, including pre-construction species surveys and protective actions if special-status species are found during construction. Additionally, native vegetation will be incorporated to enhance local habitat. With Mitigation Measures BIO-1 through BIO-3, the impact on sensitive, special-status, or listed species is expected to be less than significant. b) The proposed Project will be constructed within open space zoning districts, as identified by the City’s General Plan. According to the National Wetlands Inventory, as mapped by the USFWS, the Project is not located within riparian areas, and therefore, there will be no impact on riparian habitats or other sensitive natural communities. Additionally, the surrounding areas have been fully urbanized and developed, so no significant impacts are anticipated. c) Wetlands, as defined by the federal Clean Water Act, refer to areas that are flooded or saturated by surface water or groundwater at a frequency and duration sufficient to support vegetation adapted to life in saturated soils. These areas include swamps, marshes, streams, lakes, and bogs. There are no wetlands, vernal pools, or similar features on the proposed Project site. Best Management Practices (BMPs) will be implemented throughout the construction phase to prevent erosion and control dust. During dry weather, flows are expected to be minimal and will be captured by the stormwater management system. During wet weather, the flows intercepted by the Project will not result in significant hydrological impacts. According to the National Wetlands Inventory, the Project site is not located within wetland areas, so no impact on wetlands is anticipated. d) The proposed Project is situated in a densely urbanized area, specifically on an established zoo and public facilities site. It is anticipated that the Project will have minimal impact on local wildlife movement or nurseries. While the site includes several trees, the urban environment suggests they are unlikely to provide suitable habitat or nesting sites for migratory birds, as defined by the federal Migratory Bird Treaty Act and the California Department of Fish and Wildlife (CDFW) Code, Section 3513 et seq. However, while the likelihood of nesting is low, it is still possible for birds to nest in the area. Project activities could result in the mortality or injury of nestlings, as well as the temporary or long-term loss of suitable foraging habitat.
e) Given the heavily urbanized nature of the area and the presence of ornamental trees, there is potential for existing trees to provide habitat for nesting birds. Construction activities may temporarily disturb potential nesting habitats; however, with the implementation of Mitigation Measures BIO-1 through BIO-3, the Project’s impacts on nesting birds will be reduced to less than significant.

In addition, the Project will result in the removal of approximately three mature jacaranda trees. To offset this, the Project proposes the planting of approximately 42 new trees, including eight jacaranda trees, consistent with the site’s landscaping plan. As a result, the Project will not conflict with local policies or ordinances protecting biological resources, and impacts related to tree removal.

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f) The Project will not conflict with any adopted conservation plan. The proposed Project will comply with the City’s Tree Preservation Ordinance and Urban Forestry Plan. The Project aligns with the City’s General Plan Conservation Element Goals CN-2 (enhancing natural and environmental resources while maintaining a balance between recreation, habitat restoration, and scenic resources), and CN-4 (conserving and replenishing existing and future water resources).

Mitigation Measures:

BIO-1 – Prior to ground-disturbing activities in areas that could support sensitive biological resources, a habitat assessment shall be conducted by a qualified biologist to determine the potential for specialstatus wildlife species to occur within affected areas, including areas directly or indirectly impacted by construction or operation of the Project. If a special-status wildlife species is found, pre-construction surveys of proposed work zones should be conducted 14 days prior to construction. Areas including construction areas, staging areas, and rights-of-way, should be staked, flagged, fenced, or otherwise clearly delineated to restrict the limits of construction to the minimum necessary near areas that may support special-status wildlife species with special-status wildlife species; if avoidance is not possible, the City of Santa Ana should consult with the appropriate regulating agency (USACE/USFWS/CDFW) to determine a strategy for compliance with the Endangered Species Act, California Fish and Wildlife Code, or other regulations supporting special-status species. The City of Santa Ana will work together with those regulating agencies to determine appropriate impact minimization measures and compensation for any permanent impacts due to the Project. If no breeding and nesting birds and/or raptors are found, then construction may proceed as scheduled with no additional monitoring or measured required.

BIO-2 – To protect nesting birds that may occur on site or adjacent to the Project boundary, no construction shall occur from February 1 through September 15, as early as January 1 for some raptors, unless a qualified biologist completes a survey for nesting bird activity within a 500-foot radius of the construction site. The nesting bird surveys shall be conducted at appropriate nesting times and concentrate on potential roosting or perch sites. The City of Santa Ana should require surveys be conducted by a qualified biologist no more than 7 days prior to the beginning of any Project-related activity likely to impact raptors and migratory songbirds, for the entire Project site. If Project activities are delayed or suspended for more than 7 days during the breeding season, the surveys shall be repeated. If nesting raptors and migratory songbirds are identified, the following minimum nodisturbance buffers shall be implemented: 300 feet around active passerine (perching birds and songbirds) nests, 500 feet around active non-listed raptor nests and 0.5 mile around active listed bird nests. These buffers shall be maintained until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. Any sensitive and special status species data documented by the Project shall be submitted to the California Natural Diversity Database with all applicable data fields filled out. The City of Santa Ana and/or a designee will notify the CDFW once submitted.

BIO-3 – The Project shall implement BMPs to prevent erosion and the discharge of sediment and pollutants into drainages during Project activities. BMPs shall be monitored and repaired, if necessary, to ensure maximum erosion, sediment, and pollution control. The Project proponent shall prohibit the use of erosion control materials potentially harmful to fish and wildlife species, such as mono-filament netting (erosion control matting) or similar material. All fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the Project site shall be free of nonnative plant materials. Fiber rolls or erosion control mesh shall be made of loose-weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves.

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3.5 Cultural Resources
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to §
15064.5?
X
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to § 15064.5?
X
c) Disturb any human remains, including those
interred outside of dedicated cemeteries? X
Discussion:
a) A Cultural Resource Assessment was conducted by Terracon in November 2024. Terracon retained BCR Consulting LLC (BCR Consulting) to complete a Cultural resources Assessment for the project site. A records search of the surrounding areas via the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. The search area included a one-mile buffer from the Project location. Data from the SCCIC indicated that there have been 41 previous cultural resources studies conducted within a one-mile radius. 19 cultural resources have been documented within the radius, including prehistoric and historic period built-environmental resources. One previous study evaluated the project site, and no cultural resources were identified during the study.

A field survey was conducted by BCR Consulting and no cultural resources of any kind were identified within the Project boundaries. Site visibility was variable, averaging approximately 15 percent.

Surficial sediments differed across the site; the southern portion featured dry, yellowish-brown, loamy sand with moderate gravel inclusions, while the northeast portion consisted of dry, light-brown sandy loam with minimal gravel inclusions. Significant disturbances from excavation and grading for pavement and landscaping were evident throughout the site. The vegetation included imported, landscaped trees and grass, as well as areas of imported desert flora. The Project area has low sensitivity to subsurface resources and will implement mitigation measure CUL-1 to reduce potential impacts to less than significant.
b) See discussion above in part a). However, if during construction any archaeological remains are found, all construction will cease until qualified personnel can identify the remains and mitigate the findings. Impacts are anticipated to be less than significant with incorporating mitigation measures CUL-1 and CUL-2.
c) No formal cemeteries were found on or near the Project site. Most Native American human remains are found in association with prehistoric archaeological sites. Since the region has low sensitivity to City Council 15 – 70 12/2/2025
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resources, mitigation measure CUL-1 and CUL-2 will be incorporated to reduce potential impacts to less than significant.

Mitigation Measures:

CUL-1 – A qualified archeologist shall be retained on an as-needed basis for the Project. The Native American will monitor all significant ground-disturbing (dirt excavation) activities. If previously unidentified cultural resources and/or tribal cultural resources are unearthed during ground activity, all work shall immediately be suspended within 100 feet of the discovery, and the City shall be immediately notified. A qualified archaeologist and a Native American monitor shall assess the significance of the find and determine if it is a California Register of Historic Resource (CRHR)-eligible archaeological resource and/or a tribal cultural resource. If the qualified archaeologist determines that adverse impacts to tribal cultural resources or significant archaeological resources could occur during the Project, then the resources shall be avoided from direct Project impacts by Project redesign, if feasible. If the resource cannot be avoided, then an archaeological treatment plan shall be developed and implemented in consultation with the Native American monitor and the City prior to resuming ground-disturbing activities in the affected area.

CUL-2 – In compliance with Section 5097.98 of the Public Resources Code and Section 7050.5 of the California Health and Safety Code, if human remains are encountered, all ground disturbing activities shall be immediately suspended within 100 feet of the discovery, and the County Coroner should be notified immediately. If the Coroner determines the remains are Native American in origin, they must notify the Native American Heritage Commission within 24 hours of such identification so that the Native American Heritage Commission can contact the Most Likely Descendant (MLD). The MLD shall be provided access to the discovery and will provide recommendations for treatment of the remains within 48 hours of accessing the discovery site. The MLD recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials, preservation of Native American human remains and associated items in place, relinquishment of Native American human remains and associated items to the descendants for treatment, or any other culturally appropriate treatment. Disposition of human remains and any associated grave goods, if encountered, shall be treated in accordance with procedures and requirements set forth in Sections 5097.94 and 5097.98 of the Public Resources Code; Section 7050.5 of the California Health and Safety Code and CEQA Guidelines Section 15064.5.

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3.6 Energy
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? X
Discussion:
a) The proposed site will not result in significant environmental impacts due to wasteful or unnecessary energy consumption during construction or operation. Minimal energy will be required for the operation of light posts to illuminate pedestrian pathways at night. Therefore, no impact is anticipated.
b) The Project will not obstruct any state or local plans for renewable energy or energy efficiency.

While the City’s General Plan aims to expand renewable energy sources, the addition of lighting in the pocket park will not conflict with these energy efficiency goals. Therefore, no impact is anticipated.

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3.7 Geology and Soils
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other substantial
evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.

X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of
topsoil? X
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a result
of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life or property?
X
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste water
disposal systems where sewers are not available for
the disposal of waste water?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
X
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Discussion:
a)
i) The Project site is located in Southern California, a seismically active region. The City of Santa Ana and the Project site are not within a known earthquake fault zone as delineated on an Alquist-Priolo Earthquake Fault Zoning Map. Therefore, the potential impact from fault rupture is considered less than significant. ii) The Project site is located in Southern California, a seismically active area. However, the likelihood of hazards related to strong seismic ground shaking, such as ground surface rupture, is low. The Project will be designed and constructed in compliance with federal, state, and municipal building codes governing seismic safety. Thus, the impact from strong seismic ground shaking is considered less than significant. iii) Liquefaction refers to the loss of soil strength in saturated, coarse-grained soils during seismic activity. Liquefaction susceptibility is influenced by soil properties such as grain size, relative density, fines content, and the presence of clay-size fractions. The California Geological Survey indicates that although the majority of Santa Ana is in an area susceptible to liquefaction, the Project location is not located within a liquefaction zone. The Project will adhere to the recommendations in the Project’s geotechnical report to minimize and mitigate potential adverse effects from seismic activity.

Therefore, the impact from liquefaction is considered less than significant. iv) According to the California Geological Survey, the Project site is not located in an area identified as a landslide hazard zone. As such, all structures in the Project’s design will be protected from landslides and other ground movements. No impact from landslides is anticipated.
b) Construction of the Project will require minimal vegetation removal and involve various earthwork activities, including grading, excavation, and fill, which could result in localized soil erosion. However, standard erosion control measures will be implemented during construction, including revegetation or stabilization of disturbed areas following construction. Therefore, impacts related to erosion are considered less than significant.
c) As noted in Sections 3.7(a) and (b), the Project is not in a fault, landslide, or liquefaction zone.

The Project will follow the requirements outlined in the geotechnical report to minimize and mitigate potential adverse impacts related to soil stability. Therefore, the potential hazards associated with soil stability are considered less than significant.
d) Expansive soils, which tend to swell when wet and shrink when dry, can cause uneven movement of structures, potentially leading to cracking. According to the October 2021 geotechnical report by Terracon, the Project site is composed of sandy silty clay, silty sand, clayey sand, sandy silt, lean clay, sandy lean clay, silty clay, and poorly graded sand. These soil types are generally nonexpansive. While sandy silty clay may contain some clay, its sandy component reduces the potential for expansive behavior. Similarly, poorly graded sand, which consists primarily of sand particles, provides effective drainage and exhibits minimal shrink-swell characteristics. The report indicates that the site is suitable for the proposed construction based on the geotechnical conditions encountered. Measures outlined in the geotechnical report, along with any recommendations from City Council 15 – 74 12/2/2025
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future geotechnical studies, will be implemented during design and construction. Therefore, no adverse impacts are anticipated.
e) The Project will not require the installation of septic tanks or alternative wastewater disposal systems, as it does not involve the construction of habitable structures or restroom facilities. Therefore, no impact is anticipated.
f) A Paleontological Assessment was conducted by the Western Science Center in October of 2024 and found that the geologic units underlying the project area are mapped as alluvial deposits from the Quaternary period (Pleistocene-Holocene). These Quaternary alluvial units are considered fossiliferous and highly sensitive from a paleontological perspective. While no fossil localities have been identified within the Project area or within a 1-mile radius, the potential for encountering subsurface fossils remains. Since the Project includes earthmoving activities and is expected to extend into the sensitive sediments, mitigation measures PALEO-1 through PALEO-3 will be incorporated into reduced impacts to less than significant.

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Mitigation Measures:

PALEO-1 – A paleontologist who meets the qualifications of established by the Society of Vertebrate Paleontology (SVP) shall be retained to develop a Paleontological Resources Impact Mitigation Program (PRIMP) for this Project. The PRIMP shall be consistent with the standards of the SVP and include the methods that will be used to protect paleontological resources that may exist within the Project area, as well as procedures for monitoring, fossil preparation and identification, curation into a repository, and preparation of a report at the conclusion of grading.

PALEO-2 – Excavation and grading activities in deposits with high paleontological sensitivity (i.e., Santiago Formation) shall be monitored by a qualified paleontological monitor following a PRIMP. No monitoring is required for excavations in deposits with no paleontological sensitivity (i.e., Alluvial Flood Plain Deposits and Artificial Fill). If paleontological resources are encountered during the course of ground disturbance, the paleontological monitor shall have the authority to temporarily redirect construction away from the area of the find. In the event that paleontological resources are encountered when a paleontological monitor is not present, work in the immediate area of the find shall be redirected, and the paleontologist or paleontological monitor shall be contacted to assess the find for scientific significance. If determined to be scientifically significant, the fossil shall be collected from the field.

PALEO-3 – Collected resources shall be prepared to the point of identification, identified to the lowest taxonomic level possible, cataloged, and curated into the permanent collections of a museum repository.

At the conclusion of the monitoring program, a report of findings shall be prepared to document the results of the monitoring program.

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3.8 Greenhouse Gas Emissions
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
X
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
X
Discussion:
a) As discussed in the Air Quality impact analysis, the Greenhouse Gas (GHG) emissions generated by the proposed Project would not exceed the SCAQMD threshold of 3,000 metric tons (MT) CO2e per year for non-industrial projects. The construction phase’s GHG emissions were calculated using the CalEEMod, Version 2022.1.1.22. The following table shows the unmitigated, yearly emissions rate for in comparison to the Regional Significance Threshold. Because GHG missions will not exceed the SCAQMD threshold, the Project would have a less than significant impact on GHG emissions.

Pollutant CO2
Maximum Construction Emissions rate (MT/year) 70.6
SCAQMD Threshold (MT/year) 3000
Exceed Threshold? No
b) The City has a Climate Action Plan adopted for the purpose of reducing GHG emissions, and the Action Plan outlines the importance of lower emissions. The Project would not conflict with the State plan and policy AB 32 (California Global Warming Solutions Act of 2006) quantitative goal of AB 32 is to reduce GHG emissions to 1990 levels by 2020. Because the Project does not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emission of GHG, there would be no anticipated impact.

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3.9 Hazards and Hazardous Materials
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
X
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
X
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
X
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
X
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
or excessive noise for people residing or working in
the project area?
X
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
X
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
X
Discussion:
a) Construction activities for this Project may include excavation, grading, drilling, and other grounddisturbing operations. These activities may require the transport, storage, use, and disposal of small quantities of hazardous materials, such as gasoline, diesel, hydraulic fluids, oils, lubricants, and other similar substances. However, there will be no routine transport, use, or disposal of hazardous City Council 15 – 78 12/2/2025
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materials during the operation of the Project. As such, the impacts are anticipated to be less than significant.
b) As outlined, the potential for hazardous materials to create a significant hazard through routine transport, use, or disposal is minimal. Nonetheless, such materials will be used during construction.

The handling and disposal of these materials will be conducted in compliance with applicable federal, state, and county regulations, ensuring that no accidental release of hazardous materials into the environment occurs. Therefore, the impacts are expected to be less than significant. c) The nearest schools, Raymond A. Villa Fundamental Intermediate School and Saint Jeanne De Lestonnac School, are each approximately 0.25 miles from the Project site. As discussed earlier, handling and disposal of hazardous materials is anticipated to be minimal, and would be conducted in compliance with existing federal, state, and county regulations. GHG emissions and criteria air pollutants will be emitted, but not in a significant amount, as none of the GHG emissions exceed SCAQMD thresholds. Therefore, impacts are anticipated to be less than significant. d) There are no Federal Superfund or other cleanup sites near the proposed Project. According to the California Department of Toxic Substances Control, the closest Federal Superfund site, the former Marine Corps Air Station El Toro, is located approximately 7.5 miles southeast of the Project site.

Therefore, no impacts are anticipated.
e) The nearest airport is John Wayne Airport, located approximately 4.5 miles southwest of the Project site. Since the airport is more than 2 miles from the Project site, no impacts are expected. f) The Project will not interfere with emergency response or evacuation plans, as none of the roads potentially impacted by the Project are designated as arterial roads by the City of Santa Ana.

Additionally, the Project will not increase the local population or the demand for emergency access.

As a result, no impacts are anticipated.
g) According to the Cal OES MyHazards Tool, the City of Santa Ana is not located within a Fire Hazard Severity Zone. The city’s highly urbanized setting reduces the likelihood of significant wildland fire risks to people or structures. Therefore, no impacts are anticipated.

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3.10 Hydrology and Water Quality
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?
X
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
X
c) Substantially alter the existing drainage pattern
of the site or area, including through the alteration
of the course of a stream or river or through the
addition of impervious surfaces, in a manner which
would:
i) result in substantial erosion or siltation on- or offsite; X ii) substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite;
X
iii) create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff; or
X
iv) impede or redirect flood flows? X
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation? X
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
X
Discussion:
a) The proposed Project is not expected to significantly violate water quality standards, waste discharge requirements, or surface and groundwater quality. Construction activities will comply with regulations set forth by the Federal Clean Water Act, the Santa Ana Regional Water Quality Control Board (SARWQCB), Orange County, the City of Santa Ana, and other relevant water quality control City Council 15 – 80 12/2/2025
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regulations. BMPs will be implemented to mitigate potential impacts from machinery and contaminants. During construction, silt fencing or other sediment control BMPs will be installed around the perimeter of the site to prevent sediment from leaving the Project area. In addition, gravel bags, plastic covers, erosion control blankets, and other erosion control BMPs will be applied in accordance with the Project's erosion control plan. In the event of a hazardous materials spill, it will be immediately reported to the appropriate public agencies, including the City, U.S. Army Corps of Engineers (USACE), SARWQCB, and California Department of Fish and Wildlife (CDFW). As a result, impacts to water quality are anticipated to be less than significant. b) Groundwater supplies will not be impacted, as the Project does not involve the installation of groundwater wells and does not increase groundwater demand. Further, the Project will enhance water supply through groundwater recharge using infiltration systems. Therefore, no impacts are anticipated.
c)
i. The Project will not result in substantial erosion or siltation on- or off-site as it will not alter existing drainage patterns. As noted in Section 3.10(a), construction BMPs will be implemented to prevent erosion or siltation during construction. Therefore, impacts are expected to be less than significant.
ii. The Project will not substantially increase surface runoff or significantly raise the imperviousness of the site, which could potentially lead to flooding on or off-site.

Therefore, impacts are anticipated to be less than significant. iii. Although additional parking spaces will be provided in the overflow parking lot to compensate for the loss of parking due to the addition of the pocket park, there will be no net increase in impervious surfaces. As a result, no significant impacts are anticipated.
iv. The Project will be constructed outside of any waterbodies and is not expected to impede or redirect flood flows. Since no work will occur within a channel, no impacts on flood flow patterns are anticipated.
d) The proposed Project is not located within a flood hazard zone or seiche zone. According to the Federal Emergency Management Agency (FEMA), the Project area is located in Zone X, which is outside of the 0.2% annual chance flood area. The Project site is approximately 10 miles northeast of the Pacific Ocean and is situated 129 feet above sea level. Consequently, flooding and seicherelated impacts are anticipated to be less than significant. e) The Project will not conflict with the Santa Ana River Basin Plan for the Upper and Lower Santa Ana River watersheds, the San Jacinto River Watershed, or other smaller drainage areas. All new developments are required to implement site design measures and BMPs to protect water quality and maintain natural drainage systems. Therefore, no impacts to water quality or drainage are anticipated.

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3.11 Land Use and Planning
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Physically divide an established community? X
b) Cause a significant environmental impact due to
a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
X
Discussion:
a) The Project is located within the City of Santa Ana and must comply with the City’s adopted plans, policies, and regulations. The Project is designed to enhance community connectivity through the addition of a pocket park, which is intended to provide passive recreational benefits. These facilities are not expected to physically divide or disrupt the surrounding community. Therefore, no significant impacts are anticipated.
b) The Project site is currently designated as open space. As such, its implementation will not result in alterations to the existing land use zoning or conflict with any applicable land use plans, policies, or regulations aimed at preventing or mitigating environmental impacts. Consequently, no significant impacts are anticipated.

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3.12 Mineral Resources
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
X
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan or other land
use plan?
X
Discussion:
a) The Surface Mining and Reclamation Act of 1975 (SMARA) mandates the classification of land into Mineral Resource Zones (MRZs) based on the known or inferred mineral potential of the area. The MRZ categories are as follows:
➢ MRZ-1: Areas where adequate information indicates that no significant mineral deposits are present or where it is judged that little likelihood exists for their presence. ➢ MRZ-2: Areas where adequate information indicates significant mineral deposits are present, or where it is judged that a high likelihood exists for their presence. ➢ MRZ-3: Areas containing mineral deposits the significance of which cannot be evaluated from available data.
➢ MRZ-4: Areas where available information is inadequate for assignment to any other MRZ A majority of the City of Santa Ana, including the Project site, is classified by the California Geological Survey as MRZ-3, indicating an area of uncertain mineral potential. However, most of the land in this area is urbanized, and mining the remaining resources would likely result in significant impacts to surrounding neighborhoods. As there are no feasible mining opportunities within or adjacent to the proposed Project boundaries, no impact is anticipated.
b) As noted above, mineral resources within the Project site and the City of Santa Ana are limited, with no identified mineral resources present on or near the Project site. Consequently, the Project will not result in the loss of significant mineral resource recovery sites, and therefore, no impact is anticipated.

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3.13 Noise
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
X
b) Generation of excessive groundborne vibration or
groundborne noise levels? X
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or, where
such a plan has not been adopted, within two miles
of a public airport or public use airport, would the
project expose people residing or working in the
project area to excessive noise levels?
X
Discussion:
a) The Project is primarily located within Residential and Commercial zoned properties. The schools most likely to be impacted by construction noise are Raymond A. Villa Fundamental Intermediate School and Saint Jeanne De Lestonnac School. Construction occurring in public right-of-way on Zoo Lane and East Main Street will be within 50 feet of Residential dwellings.

Because implementation of the Project may result in the generation of construction noise within the areas surrounding the Project during construction and Project operations, a Noise Assessment was performed on January 16, 2025. To identify baseline noise conditions, short-term ambient noise level measurements at the Project and at nearby representative sensitive receptors were recorded utilizing sound level meters, as shown in Figure 3-1. The ambient noise level measurements were taken during day-time hours, or when construction would typically occur. Table 3-1 shows the results of the noise assessment, identifying minimum, average, and maximum A-weighted decibels (dBA) at nearby sensitive, residential, and educational land uses.

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Table 3-1 Noise Assessment Results
Number Location Description Minimum
(dBA)
Average
(dBA)
Maximum
(dBA)
1 E. 1
st Street and Zoo Lane 55 67 85
2 Parking Lot near 1820 E. 1
st
Street 53 61 71
3 Saint Jeanne De Lestonnac
School 46 56 71
4 Santa Ana Zoo (near back office) 51 59 69
5 Santa Ana Zoo (near 50 Monkeys
Ferris Wheel) 43 54 71
6 Santa Ana Zoo (near entrance) 51 61 74
7 E. Main Street at Tustin Parc
Apartments 47 58 74
8 E. Main Street near 104 La Ronda 49 63 84
9 E. Main Street and Williams Street 50 61 81
10 Saddleback Road and Consuelo,
at Saddleback Mobilodge 36 45 69
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Figure 3-1 Noise Measurement Locations
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Construction will take place between the hours of 8:00 AM until 5:00 PM Monday through Friday. The Santa Ana Municipal code has exemptions for Noise listed in Chapter 18.3, which includes construction. Construction hours are limited to Monday through Friday from 7:00 am to 5:00 pm, excluding holidays and weekends, unless approved otherwise by the City. The City’s Municipal Code also states that noise levels must meet the criteria based on land use, as depicted in Table 3-2. The entire City of Santa Ana is designated as “Noise Zone 1”.

Table 3-2 City of Santa Ana Land Use Guidelines for Exterior Noise Noise Zone Allowable Noise Level Time Period
1 55 dBA 7:00 a.m. - 10:00 p.m.
1 50 dBA 10:00 p.m. - 7:00 a.m.

As shown in Table 3-3, the Federal Highway Administration (FHWA) identified predicted noise limits at a reference distance of 50 feet. By utilizing these values, noise levels at nearby sensitive receptors can be calculated and predicted.

Table 3-3 Construction Equipment Noise Emission Levels
Equipment Description Lmax Noise Limit at 50 feet., dB
Slow
Is Equipment an Impact
Device?
All other equipment > 5HP 85 No
Backhoe 78 No
Compactor (ground) 83 No
Compressor (air) 78 No
Concrete Mixer Truck 79 No
Concrete Saw 90 No
Crane 81 No
Dozer 82 No
Dump Truck 76 No
Excavator 81 No
Flat Bed truck 74 No
Front End Loader 79 No
Generator 81 No
Impact/Vibratory Pile Driver 101 Yes
Jackhammer 89 Yes
Mounted Impact Hammer 90 Yes
Pavement Scarifier 85 No
Pumps 81 No
Roller 80 No
Sand Blasting (single nozzle) 96 No
Slurry Trenching Machine 80 No
Vacuum Street Sweeper 82 No
Welder / Torch 74 No
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Construction activities for this Project will comply with the City’s Noise Ordinance and meet all noise level requirements. The nearest sensitive receptors are the residential homes along the Project perimeter. The Project will potentially involve excavation, grading, drilling, trenching, pile driving, and other ground disturbing activities. Noise generated from construction activities would be temporary.

During construction of the Project, the contractor will be required to use construction muffler devices, sound blankets, or other means to reduce noise levels to ambient levels. No long-term noise impacts are anticipated from the Project since there are no components as a part of the Project that would produce noise.

Therefore, with incorporation of mitigation measures NOISE-1 through NOISE-3, impacts by noise from construction would be less than significant. Excessive noise levels will no longer occur from the Project once construction is complete.
b) Construction of the Project will generate some groundborne vibrations as part of the construction activities. The Project is expected to utilize equipment that may typically produce higher vibration levels, such as pile drivers and bulldozers. However, with the implementation of mitigation measures NOISE-1 through NOISE-3, the impacts from groundborne vibrations are anticipated to be less than significant. Once construction is completed, all groundborne vibrations will cease. c) The Project is not located within an airport land use designation and is situated more than four miles from the John Wayne Airport. As a result, the Project will not expose people residing or working in the area to excessive noise levels associated with airport operations. The Project site is outside the noise contours associated with the airport, according to the City General Plan’s Figure N-3 Airport Noise Contours Map. As noted in part a), construction equipment will temporarily elevate ambient noise levels in the area. Due to the proximity of nearby schools and residences, the contractor will be required to monitor noise levels and implement construction mufflers to minimize noise impacts.

This elevated noise is limited to the construction phase and will subside upon completion of construction. Therefore, no long-term impacts are anticipated.

Mitigation Measures:

NOISE-1 – The City of Santa Ana and their designees shall implement the following measures during construction as needed:
➢ Include design measures necessary to reduce the construction noise levels where feasible. These measures may include noise barriers, curtains, or shields. ➢ Place noise-generating construction activities (e.g., operation of compressors and generators, cement mixing, general truck idling) as far as possible from the nearest noise-sensitive land uses. ➢ Locate stationary construction noise sources as far from adjacent noise-sensitive receptors as possible.
➢ Identify a liaison for off-site sensitive receptors, such as residents and property owners, who can be contacted with concerns regarding construction noise and vibration. The liaison’s telephone number(s) shall be prominently displayed at construction locations. ➢ Notify, in writing, all landowners, occupants of properties adjacent to the construction area, and nearby sensitive receptors of the anticipated construction schedule at least 2 weeks prior to groundbreaking.

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➢ Prepare visible signs indicating “Noise Control Zone.” ➢ Use noise-control devices that meet original specifications and performance. ➢ To the extent practical, use electrically-powered equipment. ➢ Implement temporary noise barriers and sound-control curtains where Project activity is unavoidably close to noise-sensitive receivers. In particular, noise barriers of 8 feet and 12 feet tall should be established around work sites to remove noise impacts from the different construction operation areas. The construction contractor should regularly evaluate the noise level at nearby sensitive receptors to ensure noise levels are not in exceedance. If so, the following noise barrier measures should also be incorporated:
▪ Break line of sight from noise source to receiver
▪ Use a frame to secure an appropriate acoustic blanket or paneling ▪ Use a solid material with a minimum surface density of 3 lb/ft2 or mass-loaded acoustic blankets with at least STC 25
▪ Overlap or seal any gaps in the barriers
➢ Designate haul routes to be used based on the least overall noise impact route, with heavilyloaded trucks away from residential streets, if possible. Identify haul routes streets with the fewest noise sensitive receivers if no alternatives are available. ➢ Place earth-moving equipment, fixed noise-generating equipment, stockpiles, staging areas, and other noise-producing operations as far as practicable from noise-sensitive receivers. ➢ Eliminate the use of horns, whistles, alarms, and bells. ➢ Phase demolition, earth moving, and ground impacting operations so they do not occur in the same time period.
➢ In the case of nighttime construction, the contractor shall comply with the provisions of the nighttime noise variance issued by the City.
➢ Conduct periodic noise measurements in accordance with an approved noise monitoring plan, specifying monitoring locations, equipment, procedures, and schedule of measurements and reporting methods to be used.

NOISE-2 – All construction activities that employ mechanized stationary equipment that generate noise levels shall comply with the applicable noise standards established by the City of Santa Ana. The equipment shall be designed with noise-attenuating features (e.g., enclosures) and/or located at areas (e.g., belowground) where nearby noise-sensitive land uses would not be exposed to a perceptible noise increase in their noise environment.

NOISE-3 – To prevent impacts from vibrations, large vibration producing equipment should be placed as far as is feasible from sensitive receptors. Furthermore, the City of Santa Ana and their designees should implement the following measures as needed:
➢ Pre-construction Survey - A before and after survey should include inspecting building foundations and taking photographs (or installing crack monitors) of pre-existing conditions, cracks, or other flaws. The survey can be limited to buildings closest to the pile driving activities, except for the case of unusually fragile or historic structures that are located within approximately 200 feet of construction.

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➢ Sonic Pile Driving - At the upper range reference vibration for the sonic/vibratory pile driver, the risk for damage to nearby buildings begins when the equipment is 32 feet or closer to the structure. The nearest piling is expected to be 20 feet from the closest structure, so vibration limit exceedances would remain with use of a vibratory pile driver. ➢ Drilled Piles - Noise emission levels from bored/drilled pilling methods are approximately 15 dB lower and peak particle velocity (PPV) levels may be more than 15 times lower than those due to traditional impact piling. The use of these methods will eliminate the vibration impacts of all receivers. These methods will also substantially reduce the noise impacts and in most cases they will also be eliminated, with the use of a suitable noise barrier. ➢ Hammer Energy - A recommended way to reduce PPV is to lower the hammer energy since there is a direct relationship between hammer energy and the resultant ground vibration. Ground PPV generally follows a square root relationship with hammer energy (i.e. PPV ~ √Hammer Energy).

The degree of hammer energy reduction must be balanced against the likelihood/severity of expected exceedances, increase in total driving time, and ability to drive to required friction tolerances.
➢ Vibration Monitoring - It is recommended that vibration monitoring be conducted at any building where equipment is operating closer than the limits noted in Table 3-4.

Table 3-4 Construction Equipment Vibration Reference Levels Equipment Description Minimum Separation Distance
Pile Driver (impact) 52 feet
Pile Driver (Vibratory) 32 feet
Vibratory Roller 14 feet
Compactor (Ground) 13 feet
Large Bulldozer 8 feet
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3.14 Population and Housing
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Induce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or indirectly
(for example, through extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
X
Discussion:
a) The Project will not induce population growth, as its primary objective is to provide water quality improvements and an additional open space area. Since the Project does not involve the construction of new housing or commercial developments, no increase in population is anticipated, and no related impacts are expected.
b) The Project will not affect any residential areas, housing units, or other structures. Therefore, no impacts are anticipated.

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3.15 Public Services
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the public
services:
i. Fire protection? X
ii. Police protection? X
iii. Schools? X
iv. Parks? X
v. Other public facilities? X
Discussion:
a)
i. The nearest fire stations are Orange County Fire Authority, 0.4 miles northwest of the Project site at 1668 E. 4
th Street, Santa Ana, CA 92701, Orange County Fire Authority Station #75,

1.4 miles west at 120 W. Walnut Street, Santa Ana, CA 92701, and Orange County Fire Authority Station #70, 1.8 miles northwest at 2301 Old Grand Street, Santa Ana, CA 92705.

If lane closures or disruptions to traffic flow are required during construction, emergency services will be notified at least 10 days in advance. The construction of the Project will increase urban green space, which could potentially require emergency services in the event of a fire or other significant emergency at the park. Therefore, with the incorporation of mitigation measures, impacts are expected to be less than significant. ii. The nearest police station is Santa Ana PD Substation, approximately 0.7 miles south of the Project at 1780 McFadden Avenue, Santa Ana, CA 92705. If lane closures or disruptions to traffic flow are required during construction, emergency services will be notified at least 10 days in advance. Therefore, with the incorporation of mitigation measures, impacts are expected to be less than significant.
iii. The nearest schools are Saint Jeanne De Lestonnac School (0.25 miles east, at 16791 E. Main Street, Tustin, CA 92780), Raymond A. Villa Fundamental Intermediate School (0.4 miles City Council 15 – 92 12/2/2025
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west at 1441 E. Chestnut Avenue, Santa Ana, CA 92701), Robert Heideman Elementary School (0.4 miles south at 15571 Williams Street, Tustin, CA 92780), and Reach Academy (0.7 miles northwest at 1325 E. 4
th Street, Santa Ana, CA 92701). The Project is not
anticipated to impact operations or increase student population. While the Project will temporarily affect normal traffic levels during construction, the impacts are expected to be less than significant.
iv. The proposed Project will enhance open space areas. The addition of the pocket park will include passive recreation improvements, such as a bioswale system, signage, landscaping, pathways, and lighting. This will benefit the community and align with the goals outlined in the City’s General Plan. As a result, the number of recreational users at other parks may fluctuate. Consequently, impacts are expected to be less than significant. v. Other services, such as City Hall, public libraries, and municipal services, are located outside of the Project area. Although City staff will be required to maintain park operations, impacts on service ratios are not expected to be significant. Therefore, impacts are expected to be less than significant.

Mitigation Measure:

PS-1 – The City shall provide reasonable advance notification to service providers such as fire, police, and emergency medical services as well as to local businesses, homeowners, and other residents adjacent to and within areas potentially affected by the proposed Project about the nature, extent, and duration of construction activities. Interim updates should be provided to inform the public of the status of the construction activities.

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3.16 Recreation
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
X
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
X
Discussion:
a) The proposed Project will enhance public park space within an urban environment. While this may lead to increased use of existing neighborhood parks, potentially accelerating the physical deterioration of those facilities, no population growth is anticipated. Key BMPs, including the installation of bioswales and/or rain gardens, will be implemented alongside improvements to park facilities and city infrastructure. Therefore, the anticipated impacts are expected to be less than significant.
b) The proposed Project will improve stormwater treatment for a drainage area covering 190 acres. The proposed pocket park will feature amenities such as a bioswale system, signage, landscape, pathways, and lighting. Consequently, impacts are expected to be less than significant.

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3.17 Transportation/Traffic
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
X
b) Would the project conflict or be inconsistent
with CEQA Guidelines section 15064.3, subdivision
(b)?
X
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
X
d) Result in inadequate emergency access? X
Discussion:
a) The Project will not conflict with any program, plan, ordinance, or policy related to the circulation system. Roadways will not be modified as part of the Project, and therefore, no impacts are anticipated. Additionally, there are no transit lines along the Project area boundary, and the site is not located along a bikeway as defined by the City’s General Plan. While construction activities may temporarily affect pedestrian crosswalks and surrounding roads, these impacts are expected to be less than significant.
b) CEQA Guidelines Section 15064.3(b) provides criteria for evaluating transportation impacts, including those related to land use and transportation Projects, qualitative analysis, and methodology.

According to the guidelines, the Project is located within one-half mile of an existing transit stop or transit corridor and are presumed to result in less-than-significant transportation impacts. The nearest transit stops are located at E. 1
st Street and N. Lyon Street, and E. 1st Street and Cabrillo Park Drive, each approximately 0.25 miles from the Project site. Although these transit stops are within

0.5 miles of the Project site, the Project will not interfere with these transit stops or affect transit routes. Therefore, transportation impacts are anticipated to be less than significant. c) The Project will not alter any traffic design features, and no significant impacts are anticipated. d) None of the roads bordering the Project area are designated as arterial roads in the City’s Master Plan of Streets and Highways. During construction, lane closures may occur; however, with the mitigation measures TRAF-1 through TRAF-2, the Project will ensure emergency access at all times.

Therefore, impacts are anticipated to be less than significant with the implementation of mitigation measures.

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Mitigation Measures:

TRAF-1 – The Contractor will notify local Police and Fire Departments of its intent for a full street closure at least two (2) days before closure is to begin. The Contractor shall cooperate with local authorities relative to handling traffic through the area.

TRAF-2 – Transportation of heavy construction equipment and/or materials which requires use of oversized-transport vehicles on State highways will need a Caltrans transportation permit. The Project specifications will limit construction traffic to off-peak periods to minimize the potential impact on State facilities. If construction traffic is expected to cause delays on any State facilities, a construction traffic control plan detailing these delays shall be submitted for Caltrans’ review.

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3.18 Tribal Cultural Resources
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a tribal cultural resource, defined in
Public Resources Code section 21074 as either a
site, feature, place, cultural landscape that is
geographically defined in terms of the size and
scope of the landscape, sacred place, or object
with cultural value to a California Native American
tribe, and that is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources Code section 5020.1(k), or
X
ii) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria set
forth in subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

X
Discussion:
a)
i. According to the Cultural Resource Assessment conducted by Terracon in November 2024, BCR Consulting indicated that the Sacred Lands File search with the NAHC has been completed, and results are negative. Although there are no known tribal cultural resources identified at the Project site to date, consultation and mitigation measures below would ensure impacts to Sacred Lands or tribal cultural resources would be less than significant. ii. The California Native American Heritage Commission (NAHC) was consulted about the Project and results were negative for sacred sites within the project area.

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On June 16, 2025, the City of Santa Ana sent notification letters pursuant to Assembly Bill 52 and Public Resources Code Section 21080.3.1 to the following tribes: the Cahuilla Band of Indians, Gabrieleno Band of Mission Indians – Kizh Nation, Gabrieleno/Tongva San Gabriel Band of Mission Indians, Gabrielino Tongva Indians of California Tribal Council, Gabrielino/Tongva Nation, Gabrielino-Tongva Tribe, Juaneño Band of Mission Indians, Juaneño Band of Mission Indians Acjachemen Nation – Belardes, Juaneño Band of Mission Indians Acjachemen Nation 84A, Pala Band of Mission Indians, Santa Rosa Band of Cahuilla Indians, and Soboba Band of Luiseno Indians.

The Juaneño Band of Mission Indians, Acjachemen Nation – Belardes and the Gabrieleno Band of Mission Indians – Kizh Nation were included in the tribal consultation process.

Mitigation Measures:

TCR-1 – Retain a Native American Monitor 30 Days Prior to Commencement of Ground-Disturbing Activities
➢ The Project applicant/lead agency shall retain a Native American Monitor(s). The monitor(s) shall be retained prior to the commencement of any “ground-disturbing activity” for the subject Project at all Project locations (i.e., both on-site and any off-site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
➢ A copy of the executed monitoring agreement(s) shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
➢ The monitor(s) will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of grounddisturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/lead agency upon written request to the Tribe. ➢ Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Native American Monitor and qualified archaeologist. The Native American Monitor and qualified archaeologist will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. ➢ On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Tribe(s) conducting Native American Monitoring from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve City Council 15 – 98 12/2/2025
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ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Tribe(s) conducting Native American Monitoring to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact TCRs.

TCR-2 – Unanticipated Discovery of Human Remains and Associated Funerary Objects ➢ Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
➢ If Native American human remains and/or grave goods discovered or recognized on the Project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. ➢ Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
➢ Construction activities may resume in other parts of the Project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the monitor determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the Project manager express consent of that determination (along with any other mitigation measures the Native American monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
➢ Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
➢ Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

TCR-3 – Procedures for Burials and Funerary Remains
➢ As the MLD, the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.

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➢ If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. ➢ The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
➢ In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the Project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials will be removed. ➢ In the event preservation in place is not possible despite good faith efforts by the Project applicant/developer and/or landowner, before ground-disturbing activities may resume on the Project site, the landowner shall arrange a designated site location within the footprint of the Project for the respectful reburial of the human remains and/or ceremonial objects. ➢ Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the Project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
➢ The Tribe will work closely with the Project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.

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3.19 Utilities and Service Systems
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or construction
of new or expanded water, wastewater treatment
or storm water drainage, electric power, natural
gas, or telecommunication facilities, the
construction or relocation of which could cause
significant environmental effects?
X
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry, and multiple dry
years?
X
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
X
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
X
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
X
Discussion:
a) The proposed Project includes the construction of an expanded stormwater drainage system designed to capture, treat, and infiltrate stormwater. The Project also includes the relocation of a City-owned 8-inch water main, although the capacity and service is not anticipated to change.

Additionally, the Project will enhance the existing open space area. Lighting will be added to the proposed pocket park; however, the Project is not expected to significantly increase the demand on any utility or service system.

Potential short-term impacts associated with the water main relocation will be minimized through implementation of Mitigation Measure UTIL-1, which includes advance customer notification and coordination with utility locating services prior to excavation. Therefore, with incorporation of mitigation measure UTIL-1, impacts related to utilities and service systems would be less than significant.

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b) The proposed Project will incorporate native, predominantly drought-tolerant landscaping, allowing the plants to thrive during both normal and dry years. Therefore, the impacts are anticipated to be less than significant with mitigation measure UTIL-1 incorporated. c) The Project does not include facilities or activities that would generate wastewater. Therefore, no impacts are anticipated.
d) During construction, some debris may be generated. However, the amount of waste is expected to be minimal and should not exceed the capacity of local infrastructure or interfere with the achievement of solid waste reduction goals. Therefore, impacts to local infrastructure and solid waste reduction goals are anticipated to be less than significant. e) Waste disposal BMPs will be implemented to reduce, manage, and properly dispose of waste generated during construction and operation. These practices include waste segregation, recycling, hazardous waste management, and minimizing waste generation, ensuring that materials are disposed of in an environmentally responsible manner while complying with all applicable federal, state, and local regulations. Waste disposal will adhere to all relevant regulatory requirements.

Therefore, no significant impacts are anticipated.

Mitigation Measures:

UTIL-1 - As part of the proposed improvements, the Project includes the relocation of an existing Cityowned 8-inch water main. This relocation is required to accommodate infrastructure upgrades and may result in temporary disruptions to water service for nearby customers. To minimize potential impacts, affected customers will be notified in advance of any planned service interruptions, including information regarding timing and duration.

In addition, Project specifications will require the construction contractor to contact Underground Service Alert (DigAlert) by calling 811 or 1-800-422-4133 at least two business days prior to an excavation work.

DigAlert will coordinate with utility owners in the area to identify and mark the locations of all buried utility-owned lines within the project area to avoid accidental utility damage and ensure public safety.

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3.20 Wildfire
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan? X
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations from
a wildfire or the uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?
X
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
X
Discussion:
a) According to the CAL FIRE, Fire Hazard Severity Zones Viewer, the Project area is not located within a fire hazard severity zone. Although the Project may impact traffic on surrounding roads, none of these roads are part of the City’s arterial road network. Emergency services will be notified at least 10 days in advance of any road closures. Therefore, impacts are anticipated to be less than significant.
b) The proposed Project will feature native vegetation, which are all flammable and susceptible to wildfires, but due to the Project’s location in a highly urbanized area, there is no potential for wildfires. Therefore, there would be no anticipated impact. c) The Project will not require the installation or maintenance of infrastructure such as roads, fuel breaks, emergency water sources, or power lines. The additional lighting proposed for the pocket park will be minimal and will connect to the existing Zoo electrical system. Therefore, the Project will not exacerbate fire risk, and the impacts are expected to be less than significant. d) The Project area is relatively flat and urbanized. It is not anticipated to expose people or structures to significant risks of flooding or landslides. Therefore, impacts are expected to be less than significant.

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3.21 Mandatory Findings of Significance
Would the project:

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
substantially reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory?
X
b) Does the project have impacts that are
individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)?
X
c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
X
Discussion:
a) Due to its location in an urbanized environment, the Project is not anticipated to affect the quality of the environment, habitat, fish, wildlife, or plant populations at the Project site during construction or post-construction. Consequently, the Project will result in a less-than-significant impact, provided that appropriate mitigation measures are implemented. b) The proposed Project would result in significant impacts unless mitigated for the following environmental issues: air quality, biology, cultural, noise, public services, transportation, geology and soils, and tribal cultural resources. Mitigation measures have been identified for each of these environmental areas to reduce impacts to a level that is less than significant. Cumulatively, the proposed Project will not result in any significant impacts that would combine substantially with impacts from other current or foreseeable future developments, assuming all other Projects within the city comply with the established regulatory framework.

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c) The Project may have potential environmental effects on humans, most of which would be related to construction activities. These impacts are primarily associated with noise and air quality. As discussed in Section 3.3 and Section 3.13, these impacts are considered less than significant, or mitigation measures will be implemented to protect nearby sensitive receptors.

The Project will comply with all applicable local, state, and federal regulations. Therefore, potential impacts on human health and well-being would be less than significant with the incorporation of mitigation measures.

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4. References
California Department of Transportation. California Scenic Highway Mapping System. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e80571 16f1aacaa
California Department of Conservation. California Geologic Survey. Mineral Land Classification. https://maps.conservation.ca.gov/cgs/minerals/?page=Mineral-Land-Classification California Department of Conservation. California Important Farmland Finder. https://maps.conservation.ca.gov/dlrp/ciff/
California Department of Conservation. California Williamson Act Enrollment Finder. https://maps.conservation.ca.gov/dlrp/WilliamsonAct/
California Department of Conservation. Earthquake Fault Zones. https://www.conservation.ca.gov/cgs/documents/publications/special-publications/SP_042- a11y.pdf
California Department of Toxic Substances Control. Envirostor. https://www.envirostor.dtsc.ca.gov/public/map/?global
CalEEMod. California Emissions Estimator Model.

CalEEMod - https://www.caleemod.com/model
CAL FIRE. Fire Hazard Severity Zones in SRA. 2024.
https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/firehazard-severity-zones Cal OES. MyHazards.
https://myhazards.caloes.ca.gov/
City of Santa Ana. General Plan.
https://docs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcity/santaan aca/uploads/2022/06/Entire-General-Plan-April-2022.pdf
City of Santa Ana. Code of Ordinances.
https://library.municode.com/ca/santa_ana/codes/code_of_ordinances?nodeId=PTIITHCO_CH18 HESA_ARTVINOCO_S18-312EXNOST
FEMA Flood Map Service Center.
https://msc.fema.gov/portal/search?AddressQuery=manhattan%20beach%2C%20ca#searchresu ltsanchor
National Ambient Air Quality Standards and California Ambient Air Quality Standards Attainment Status for South Coast Air Basin
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https://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management-plans/naaqscaaqs-feb2016.pdf?sfvrsn=2 South Coast Air Quality Management District
https://www.aqmd.gov/docs/default-source/default-document-library/map-of-jurisdiction.pdf Terracon. Cultural Resources and Paleontological Assessment, Santa Ana Zoo Stormwater Capture and Diversion Design Project. November 27, 2024.

Terracon. Geotechnical Engineering Report. Stormwater Capture Feasibility Study. February 11, 2022.

United States Fish and Wildlife Service. National Wetlands Inventory. Wetlands Mapper. https://www.fws.gov/wetlands/Data/Mapper.html
United States Fish and Wildlife Service. Information for Planning and Consultation. Species Mapper. https://ipac.ecosphere.fws.gov/location/index
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Appendix A
Mitigation Monitoring and Reporting Plan
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Santa Ana Zoo Stormwater Capture and Diversion MND
Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside
Agency
Coordination
AIR-1
Pursuant to Rule 403 of the South Coast Air Quality
Management District (SCAQMD), the following dust
minimizing measures shall be implemented:
➢ City of Santa Ana and its designees shall
comply with all applicable SCAQMD Rules and
Regulations, including Rule 403 ensuring the
cleanup of construction-related dirt on
approach routes to the site. Rule 403 prohibits
the release of fugitive dust emissions from any
active operation, open storage pile or disturbed
surface area visible beyond the property line of
the emission source.
➢ City of Santa Ana and its designees shall
comply with all SCAQMD established minimum
requirements for construction activities to
reduce fugitive dust and PM10 emissions.
➢ Adequate water techniques shall be employed
to mitigate the impact of construction-related
dust particulates. Portions of the site that are
undergoing surface earth moving operations
shall be dewatered such that a crust will be
formed on the ground surface, and then
watered again at the end of each day. Site
watering shall be performed as necessary to
mitigate blowing dust.

City of Santa Ana Construction City of Santa
Ana N/A
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Santa Ana Zoo Stormwater Capture and Diversion MND
Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside
Agency
Coordination
➢ Grading operations shall be suspended during
first stage ozone episodes or when winds
exceed 25 mph. A high wind response plan
shall be formulated for enhanced dust control if
winds are forecast to exceed 25 mph in any
upcoming 24-hour period.
➢ Any construction equipment using direct
internal combustion engines shall use a diesel
fuel with a maximum of 0.05 percent sulfur and
four-degree retard.
➢ Construction operations affecting roadways
within the Project area including detour routes,
shall be scheduled by implementing traffic
hours and shall minimize obstruction of through
traffic lanes.
➢ The engines of idling trucks or heavy
equipment shall be turned off if the expected
duration of idling exceeds five minutes.
➢ On-site heavy equipment used during grading
and construction shall be equipped with diesel
particulate filters unless it is demonstrated that
such equipment is not available, or its use is
not cost-competitive.

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Santa Ana Zoo Stormwater Capture and Diversion MND
Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside
Agency
Coordination
➢ All haul trucks leaving or entering the site shall
be covered or have at least two feet of
freeboard.
➢ Any on-site stockpiles of debris, dirt or other
dusty material shall be covered or watered
twice daily.
➢ Any site access points within 30 minutes of any
visible dirt deposition on any public right of way
shall be mechanically or manually swept.

BIO-1
Prior to ground-disturbing activities in areas that could support sensitive biological resources, a habitat
assessment shall be conducted by a qualified biologist
to determine the potential for special-status wildlife
species to occur within affected areas, including areas directly or indirectly impacted by construction or
operation of the Project. If a special-status wildlife
species is found, pre-construction surveys of proposed
work zones should be conducted 14 days prior to
construction. Areas including construction areas,
staging areas, and rights-of-way, should be staked,
flagged, fenced, or otherwise clearly delineated to
restrict the limits of construction to the minimum
necessary near areas that may support special-status
wildlife species with special-status wildlife species; if avoidance is not possible, the City of Santa Ana should consult with the appropriate regulating agency, such as City of Santa Ana Pre-Construction City of Santa
Ana
United States
Army Corps of
Engineers
United States
Fish and
Wildlife Service
California
Department of
Fish and
Wildlife
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Santa Ana Zoo Stormwater Capture and Diversion MND
Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside
Agency
Coordination
the United States Army Corps of Engineers (USACE),
United States Fish and Wildlife Service (USFWS), or
California Department of Fish and Wildlife (CDFW), to
determine a strategy for compliance with the
Endangered Species Act, California Fish and Wildlife
Code, or other regulations supporting special-status
species. The City of Santa Ana will work together with
those regulating agencies to determine appropriate
impact minimization measures and compensation for
any permanent impacts due to the Project. If no
breeding and nesting birds and/or raptors are found,
then construction may proceed as scheduled with no
additional monitoring or measured required.

BIO-2
To protect nesting birds that may occur on site or
adjacent to the Project boundary, no construction shall occur from February 1 through September 15, as early
as January 1 for some raptors, unless a qualified
biologist completes a survey for nesting bird activity
within a 500-foot radius of the construction site. The
nesting bird surveys shall be conducted at appropriate
nesting times and concentrate on potential roosting or
perch sites. The City of Santa Ana should require
surveys be conducted by a qualified biologist no more
than 7 days prior to the beginning of any Projectrelated activity likely to impact raptors and migratory songbirds, for the entire Project site. If Project
activities are delayed or suspended for more than 7
days during the breeding season, the surveys shall be
City of Santa Ana Pre-Construction City of Santa
Ana
California
Department of
Fish and
Wildlife
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Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside
Agency
Coordination
repeated. If nesting raptors and migratory songbirds
are identified, the following minimum no-disturbance
buffers shall be implemented: 300 feet around active
passerine (perching birds and songbirds) nests, 500
feet around active non-listed raptor nests and 0.5 mile around active listed bird nests. These buffers shall be maintained until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or
parental care for survival. Any sensitive and special
status species data documented by the Project shall be
submitted to the California Natural Diversity Database
with all applicable data fields filled out. The City of Santa Ana and/or a designee will notify the CDFW once
submitted.

BIO-3
The Project shall implement Best Management
Practices (BMPs) to prevent erosion and the discharge
of sediment and pollutants into drainages during
Project activities. BMPs shall be monitored and
repaired, if necessary, to ensure maximum erosion,
sediment, and pollution control. The Project proponent
shall prohibit the use of erosion control materials
potentially harmful to fish and wildlife species, such as mono-filament netting (erosion control matting) or
similar material. All fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the Project site shall be free of nonnative plant materials. Fiber rolls or erosion control mesh shall be made of loose-weave
City of Santa Ana Construction City of Santa
Ana N/A
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Santa Ana Zoo Stormwater Capture and Diversion MND
Mitigation Monitoring and Reporting
Mitigation Measure Implementation
Party
Implementation
Phase
Monitored
By
Outside
Agency
Coordination
mesh that is not fused at the intersections of the
weave, such as jute, or coconut (coir) fiber, or other
products without welded weaves.

CUL-1
A qualified archeologist shall be retained on an asneeded basis for the Project. The Native American will monitor all significant ground-disturbing (dirt
excavation) activities. If previously unidentified cultural resources and/or tribal cultural resources are unearthed during ground activity, all work shall immediately be
suspended within 100 feet of the discovery, and the
City shall be immediately notified. A qualified
archaeologist and a Native American monitor shall
assess the significance of the find and determine if it is a California Register of Historic Resource (CRHR)-
eligible archaeological resource and/or a tribal cultural resource. If the qualified archaeologist determines that adverse impacts to tribal cultural resources or
significant archaeological resources could occur during the Project, then the resources shall be avoided from
direct Project impacts by Project redesign, if feasible.

If the resource cannot be avoided, then an
archaeological treatment plan shall be developed and
implemented in consultation with the Native American
monitor and the City prior to resuming grounddisturbing activities in the affected area.

City of Santa Ana Construction City of Santa
Ana
Native
American
Heritage
Commission
CUL-2
In compliance with Section 5097.98 of the Public
Resources Code and Section 7050.5 of the California
Health and Safety Code, if human remains are
City of Santa Ana Construction City of Santa
Ana
Native
American
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encountered, all ground disturbing activities shall be
immediately suspended within 100 feet of the
discovery, and the County Coroner should be notified
immediately. If the Coroner determines the remains
are Native American in origin, they must notify the
Native American Heritage Commission within 24 hours
of such identification so that the Native American
Heritage Commission can contact the Most Likely
Descendant (MLD). The MLD shall be provided access
to the discovery and will provide recommendations for
treatment of the remains within 48 hours of accessing
the discovery site. The MLD recommendations may
include scientific removal and nondestructive analysis of human remains and items associated with Native
American burials, preservation of Native American
human remains and associated items in place,
relinquishment of Native American human remains and
associated items to the descendants for treatment, or
any other culturally appropriate treatment. Disposition of human remains and any associated grave goods, if
encountered, shall be treated in accordance with
procedures and requirements set forth in Sections
5097.94 and 5097.98 of the Public Resources Code;
Section 7050.5 of the California Health and Safety Code and California Environmental Quality Act (CEQA)
Guidelines Section 15064.5.

Heritage
Commission
County Coroner
PALEO1A paleontologist who meets the qualifications of established by the Society of Vertebrate Paleontology City of Santa Ana Pre-Construction City of Santa Ana N/A City Council 15 – 115 12/2/2025
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(SVP) shall be retained to develop a Paleontological
Resources Impact Mitigation Program (PRIMP) for this
Project. The PRIMP shall be consistent with the
standards of the SVP and include the methods that will
be used to protect paleontological resources that may
exist within the Project area, as well as procedures for monitoring, fossil preparation and identification,
curation into a repository, and preparation of a report at the conclusion of grading.

PALEO2
Excavation and grading activities in deposits with high paleontological sensitivity (i.e., Santiago Formation)
shall be monitored by a qualified paleontological
monitor following a PRIMP. No monitoring is required
for excavations in deposits with no paleontological
sensitivity (i.e., Alluvial Flood Plain Deposits and
Artificial Fill). If paleontological resources are
encountered during the course of ground disturbance,
the paleontological monitor shall have the authority to temporarily redirect construction away from the area of the find. In the event that paleontological resources
are encountered when a paleontological monitor is not
present, work in the immediate area of the find shall be redirected, and the paleontologist or paleontological
monitor shall be contacted to assess the find for
scientific significance. If determined to be scientifically significant, the fossil shall be collected from the field.

City of Santa Ana Construction City of Santa
Ana N/A
PALEO3Collected resources shall be prepared to the point of identification, identified to the lowest taxonomic level City of Santa Ana Construction City of Santa Ana N/A City Council 15 – 116 12/2/2025
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possible, cataloged, and curated into the permanent
collections of a museum repository. At the conclusion
of the monitoring program, a report of findings shall be prepared to document the results of the monitoring
program.

NOISE1
The City of Santa Ana and their designees shall
implement the following measures during construction
as needed:
➢ Include design measures necessary to reduce
the construction noise levels where feasible.

These measures may include noise barriers,
curtains, or shields.
➢ Place noise-generating construction activities
(e.g., operation of compressors and generators,
cement mixing, general truck idling) as far as
possible from the nearest noise-sensitive land
uses.
➢ Locate stationary construction noise sources as
far from adjacent noise-sensitive receptors as
possible.
➢ Identify a liaison for off-site sensitive receptors,
such as residents and property owners, who
can be contacted with concerns regarding
construction noise and vibration. The liaison’s
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telephone number(s) shall be prominently
displayed at construction locations.
➢ Notify, in writing, all landowners, occupants of
properties adjacent to the construction area,
and nearby sensitive receptors of the
anticipated construction schedule at least 2
weeks prior to groundbreaking.
➢ Prepare visible signs indicating “Noise Control
Zone.”
➢ Use noise-control devices that meet original
specifications and performance.
➢ To the extent practical, use electrically-powered
equipment.
➢ Implement temporary noise barriers and
sound-control curtains where Project activity is
unavoidably close to noise-sensitive receivers.

In particular, noise barriers of 8 feet and 12
feet tall should be established around work
sites to remove noise impacts from the
different construction operation areas. The
construction contractor should regularly
evaluate the noise level at nearby sensitive
receptors to ensure noise levels are not in
exceedance. If so, the following noise barrier
measures should also be incorporated:

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▪ Break line of sight from noise source to
receiver
▪ Use a frame to secure an appropriate
acoustic blanket or paneling
▪ Use a solid material with a minimum
surface density of 3 lb/ft2 or mass-loaded
acoustic blankets with at least STC 25
▪ Overlap or seal any gaps in the barriers
➢ Designate haul routes to be used based on the
least overall noise impact route, with heavilyloaded trucks away from residential streets, if possible. Identify haul routes streets with the
fewest noise sensitive receivers if no
alternatives are available.
➢ Place earth-moving equipment, fixed noisegenerating equipment, stockpiles, staging areas, and other noise-producing operations as
far as practicable from noise-sensitive
receivers.
➢ Eliminate the use of horns, whistles, alarms,
and bells.
➢ Phase demolition, earth moving, and ground
impacting operations so they do not occur in
the same time period.

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➢ In the case of nighttime construction, the
contractor shall comply with the provisions of
the nighttime noise variance issued by the City.
➢ Conduct periodic noise measurements in
accordance with an approved noise monitoring
plan, specifying monitoring locations,
equipment, procedures, and schedule of
measurements and reporting methods to be
used.

NOISE2
All construction activities that employ mechanized
stationary equipment that generate noise levels shall
comply with the applicable noise standards established
by the City of Santa Ana. The equipment shall be
designed with noise-attenuating features (e.g.,
enclosures) and/or located at areas (e.g., belowground) where nearby noise-sensitive land uses would not be
exposed to a perceptible noise increase in their noise
environment.

City of Santa Ana Construction City of Santa
Ana N/A
NOISE3
To prevent impacts from vibrations, large vibration
producing equipment should be placed as far as is
feasible from sensitive receptors. Furthermore, the City of Santa Ana and their designees should implement the
following measures as needed:
➢ Pre-construction Survey - A before and after
survey should include inspecting building
City of Santa Ana Pre-Construction/
Construction
City of Santa
Ana N/A
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foundations and taking photographs (or
installing crack monitors) of pre-existing
conditions, cracks, or other flaws. The survey
can be limited to buildings closest to the pile
driving activities, except for the case of
unusually fragile or historic structures that are
located within approximately 200 feet of
construction.
➢ Sonic Pile Driving - At the upper range
reference vibration for the sonic/vibratory pile
driver, the risk for damage to nearby buildings
begins when the equipment is 32 feet or closer
to the structure. The nearest piling is expected
to be 20 feet from the closest structure, so
vibration limit exceedances would remain with
use of a vibratory pile driver.
➢ Drilled Piles - Noise emission levels from
bored/drilled pilling methods are approximately
15 dB lower and peak particle velocity (PPV)
levels may be more than 15 times lower than
those due to traditional impact piling. The use
of these methods will eliminate the vibration
impacts of all receivers. These methods will
also substantially reduce the noise impacts and
in most cases they will also be eliminated, with
the use of a suitable noise barrier.

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➢ Hammer Energy - A recommended way to
reduce PPV is to lower the hammer energy
since there is a direct relationship between
hammer energy and the resultant ground
vibration. Ground PPV generally follows a
square root relationship with hammer energy
(i.e. PPV ~ √Hammer Energy). The degree of
hammer energy reduction must be balanced
against the likelihood/severity of expected
exceedances, increase in total driving time, and
ability to drive to required friction tolerances.
➢ Vibration Monitoring - It is recommended that
vibration monitoring be conducted at any
building where equipment is operating closer
than the limits noted in the table below.

Construction Equipment Vibration Reference
Levels
Equipment Description Minimum Separation
Distance
Pile Driver (impact) 52 feet
Pile Driver (Vibratory) 32 feet
Vibratory Roller 14 feet
Compactor (Ground) 13 feet
Large Bulldozer 8 feet
PS-1
The City shall provide reasonable advance notification
to service providers such as fire, police, and emergency medical services as well as to local businesses,
City of Santa Ana Construction City of Santa
Ana
Los Angeles
County Fire
Department
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homeowners, and other residents adjacent to and
within areas potentially affected by the proposed
Project about the nature, extent, and duration of
construction activities. Interim updates should be
provided to inform the public of the status of the
construction activities.

TRAF-1
The Contractor will notify local Police and Fire
Departments of its intent for a full street closure at
least two (2) days before closure is to begin. The
Contractor shall cooperate with local authorities relative to handling traffic through the area.

City of Santa Ana Construction City of Santa
Ana N/A
TRAF-2
Transportation of heavy construction equipment and/or
materials which requires use of oversized-transport
vehicles on State highways will need a Caltrans
transportation permit. The Project specifications will
limit construction traffic to off-peak periods to minimize the potential impact on State facilities. If construction traffic is expected to cause delays on any State
facilities, a construction traffic control plan detailing these delays shall be submitted for Caltrans’ review.

City of Santa Ana Construction City of Santa
Ana
California
Department of
Transportation
TCR-1
Retain a Native American Monitor 30 Days Prior to
Commencement of Ground-Disturbing Activities
➢ The Project applicant/lead agency shall retain a
Native American Monitor(s). The monitor(s) shall
be retained prior to the commencement of any
“ground-disturbing activity” for the subject
Project at all Project locations (i.e., both on-site
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Ana
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American
Heritage
Commission
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and any off-site locations that are included in
the Project description/definition and/or
required in connection with the Project, such as
public improvement work). “Ground-disturbing
activity” shall include, but is not limited to,
demolition, pavement removal, potholing,
auguring, grubbing, tree removal, boring,
grading, excavation, drilling, and trenching.
➢ A copy of the executed monitoring agreement(s)
shall be submitted to the lead agency prior to
the earlier of the commencement of any
ground-disturbing activity, or the issuance of
any permit necessary to commence a grounddisturbing activity. ➢ The monitor(s) will complete daily monitoring logs
that will provide descriptions of the relevant
ground-disturbing activities, the type of
construction activities performed, locations of
ground-disturbing activities, soil types, culturalrelated materials, and any other facts, conditions, materials, or discoveries of
significance to the Tribe. Monitor logs will
identify and describe any discovered TCRs,
including but not limited to, Native American
cultural and historical artifacts, remains, places
of significance, etc., (collectively, tribal cultural
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resources, or “TCR”), as well as any discovered
Native American (ancestral) human remains
and burial goods. Copies of monitor logs will
be provided to the Project applicant/lead
agency upon written request to the Tribe.
➢ Upon discovery of any TCRs, all construction
activities in the immediate vicinity of the
discovery shall cease (i.e., not less than the
surrounding 50 feet) and shall not resume until
the discovered TCR has been fully assessed by
the Native American Monitor and qualified
archaeologist. The Native American Monitor
and qualified archaeologist will recover and
retain all discovered TCRs in the form and/or
manner the Tribe deems appropriate, in the
Tribe’s sole discretion, and for any purpose the
Tribe deems appropriate, including for
educational, cultural and/or historic purposes.
➢ On-site tribal monitoring shall conclude upon
the latter of the following (1) written
confirmation to the Tribe(s) conducting Native
American Monitoring from a designated point of
contact for the project applicant/lead agency
that all ground-disturbing activities and phases
that may involve ground-disturbing activities on
the project site or in connection with the
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project are complete; or (2) a determination
and written notification by the Tribe(s)
conducting Native American Monitoring to the
project applicant/lead agency that no future,
planned construction activity and/or
development/construction phase at the project
site possesses the potential to impact TCRs.

TCR-2
Unanticipated Discovery of Human Remains and
Associated Funerary Objects
➢ Native American human remains are defined in
PRC 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition or
skeletal completeness. Funerary objects, called
associated grave goods in Public Resources
Code Section 5097.98, are also to be treated
according to this statute.
➢ If Native American human remains and/or
grave goods discovered or recognized on the
Project site, then all construction activities shall
immediately cease. Health and Safety Code
Section 7050.5 dictates that any discoveries of
human skeletal material shall be immediately
reported to the County Coroner and all grounddisturbing activities shall immediately halt and shall remain halted until the coroner has
City of Santa Ana Construction City of Santa
Ana
Native
American
Heritage
Commission
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determined the nature of the remains. If the
coroner recognizes the human remains to be
those of a Native American or has reason to
believe they are Native American, he or she
shall contact, by telephone within 24 hours, the
Native American Heritage Commission, and
Public Resources Code Section 5097.98 shall be
followed.
➢ Human remains and grave/burial goods shall be
treated alike per California Public Resources
Code section 5097.98(d)(1) and (2).
➢ Construction activities may resume in other
parts of the Project site at a minimum of 200
feet away from discovered human remains
and/or burial goods, if the monitor determines
in its sole discretion that resuming construction
activities at that distance is acceptable and
provides the Project manager express consent
of that determination (along with any other
mitigation measures the Native American
monitor and/or archaeologist deems
necessary). (CEQA Guidelines Section
15064.5(f).)
➢ Preservation in place (i.e., avoidance) is the
preferred manner of treatment for discovered
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human remains and/or burial goods. Any
historic archaeological material that is not
Native American in origin (non-TCR) shall be
curated at a public, non-profit institution with a
research interest in the materials, if such an
institution agrees to accept the material. If no
institution accepts the archaeological material,
it shall be offered to a local school or historical
society in the area for educational purposes.
➢ Any discovery of human remains/burial goods
shall be kept confidential to prevent further
disturbance.

TCR-3
Procedures for Burials and Funerary Remains
➢ As the MLD, the Koo-nas-gna Burial Policy shall
be implemented. To the Tribe, the term
“human remains” encompasses more than
human bones. In ancient as well as historic
times, Tribal Traditions included, but were not
limited to, the preparation of the soil for burial,
the burial of funerary objects with the
deceased, and the ceremonial burning of
human remains.
➢ If the discovery of human remains includes four
or more burials, the discovery location shall be
City of Santa Ana Construction City of Santa
Ana
Native
American
Heritage
Commission
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treated as a cemetery and a separate
treatment plan shall be created.
➢ The prepared soil and cremation soils are to be
treated in the same manner as bone fragments
that remain intact. Associated funerary objects
are objects that, as part of the death rite or
ceremony of a culture, are reasonably believed
to have been placed with individual human
remains either at the time of death or later;
other items made exclusively for burial
purposes or to contain human remains can also
be considered as associated funerary objects.

Cremations will either be removed in bulk or by
means as necessary to ensure complete
recovery of all sacred materials.
➢ In the case where discovered human remains
cannot be fully documented and recovered on
the same day, the remains will be covered with
muslin cloth and a steel plate that can be
moved by heavy equipment placed over the
excavation opening to protect the remains. If
this type of steel plate is not available, a 24-
hour guard should be posted outside of
working hours. The Tribe will make every
effort to recommend diverting the Project and
keeping the remains in situ and protected. If
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the Project cannot be diverted, it may be
determined that burials will be removed.
➢ In the event preservation in place is not
possible despite good faith efforts by the
Project applicant/developer and/or landowner,
before ground-disturbing activities may resume
on the Project site, the landowner shall arrange
a designated site location within the footprint of
the Project for the respectful reburial of the
human remains and/or ceremonial objects.
➢ Each occurrence of human remains and
associated funerary objects will be stored using
opaque cloth bags. All human remains,
funerary objects, sacred objects and objects of
cultural patrimony will be removed to a secure
container on site if possible. These items
should be retained and reburied within six
months of recovery. The site of
reburial/repatriation shall be on the Project site
but at a location agreed upon between the
Tribe and the landowner at a site to be
protected in perpetuity. There shall be no
publicity regarding any cultural materials
recovered.

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➢ The Tribe will work closely with the Project’s
qualified archaeologist to ensure that the
excavation is treated carefully, ethically and
respectfully. If data recovery is approved by
the Tribe, documentation shall be prepared and
shall include (at a minimum) detailed
descriptive notes and sketches. All data
recovery data recovery-related forms of
documentation shall be approved in advance by
the Tribe. If any data recovery is performed,
once complete, a final report shall be submitted
to the Tribe and the National American
Heritage Commission (NAHC). The Tribe does
NOT authorize any scientific study or the
utilization of any invasive and/or destructive
diagnostics on human remains.

UTIL-1
As part of the proposed improvements, the Project
includes the relocation of an existing City-owned 8-inch water main. This relocation is required to
accommodate infrastructure upgrades and may result in
temporary disruptions to water service for nearby
customers. To minimize potential impacts, affected
customers will be notified in advance of any planned
service interruptions, including information regarding
timing and duration.

City of Santa Ana Pre-Construction City of Santa
Ana
Underground
Service Alert
(Dig Alert)
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In addition, Project specifications will require the
construction contractor to contact Underground Service
Alert (DigAlert) by calling 811 or 1-800-422-4133 at
least two business days prior to an excavation work.

DigAlert will coordinate with utility owners in the area to identify and mark the locations of all buried utilityowned lines within the project area to avoid accidental utility damage and ensure public safety
City Council 15 – 132 12/2/2025
FY 25/26 FY 28/29 FY 29/30 FY 30/31
3,700,000 - - -
3,700,000 - - -
FY 25/26 FY 28/29 FY 29/30 FY 30/31
3,700,000 - - -
3,700,000 - - -
CITY OF SANTA ANA FY 25/26CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

The project features the installation of subsurface stormwater infiltration systems at the Santa Ana Zoo to capture and infiltrate approximately 67 acre-feet per year of stormwater and dry-weather runoff. The project will also include a new urban green space, bioswales, pervious pavement, seating, drought-tolerant landscaping and shade trees, and interpretive signage.

PROJECT NEED:

Stormwater infiltration provides multiple benefits, including improving water quality, enhancing local water supplies, and reducing flooding. The project will also feature a new urban green space in the zoo parking lot, which will provide recreational benefits to the surrounding community.

PROJECT TITLE:

Santa Ana Zoo Stormwater Capture and
Diversion Project
PROJECT CATEGORY:

Utility/Drainage/Lighting Improvements
Park Facility

LOCATION MAP
PROJECT COSTS FY 26/27 FY 27/28 FY 31/32
Construction - - -

TOTAL - - -
SOURCE OF FUNDS FY 26/27 FY 27/28 FY 31/32
Caltrans Cooperative
Implementation Agreement
- - -

TOTAL - - -
AGENCY: DIVISION: CONTACT: DATE:

Public Works Construction Engineering Craig Foster, NPDES Manager 04-Nov-2025 City Council 15 – 133 12/2/2025
Public Works Agency
www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 2, 2025
TOPIC: Sale of Land of 1725 N. Bristol Street and Appropriation Adjustment

AGENDA TITLE
Purchase and Sale Agreement with Enrique Ponce for the Sale of City-owned Property Located at 1725 N. Bristol Street and Appropriation Adjustment (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a purchase and sale agreement with Enrique Ponce for the sale of City-owned property located at 1725 N. Bristol Street (APN 399-085-22) in the amount of $4,521 (Agreement No. A-2025-XXX).

2. Approve an appropriation adjustment recognizing $1,516 in revenue from the purchase and sale agreement into the Select Street Construction, Sale of Land revenue account (No. 05917002-57071) and appropriate it to the OCTA Bristol St Corridor Improvements, Improvements Other Than Buildings expenditure account (No. 05917661-66220), and deposit $3,005 to the Measure M-Street Construction, liability account (No. 03201001-20215). (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
During the course of the Bristol Street Widening Improvement Project (Project), the Public Works Agency (PWA) acquired multiple properties along the Bristol Street corridor. The subject property at 1725 N. Bristol Street (APN 399-085-22) was acquired as part of the Bristol Street Improvements from Washington Avenue to Seventeenth Street segment using Orange County Transportation Authority (OCTA) funding appropriated for this project (Exhibit 1).

With construction of this segment of the Bristol Project complete, the parcel located at 1725 N. Bristol Street became remnant excess surplus property. In September 2024, the City Council adopted Resolution No. 2024-051 declaring various City-owned vacant lots, including 1725 N. Bristol, as exempt surplus land pursuant to the Surplus Land Act (California Government Code Section 54220 et seq.). In accordance with Santa Ana Municipal Code Section 2-706 (“Sale to Owners of Adjoining Property”) and Section 2- 709 (“Exceptions”), the City may dispose of such substandard, non-developable parcels through direct sale to owners of adjoining properties.

City Council 16 – 1 12/2/2025
Appropriation Adjustment and Sale of Land of 1725 N. Bristol Street December 2, 2025

The adjacent owner of the residential property at 1240 West 18th Street expressed interest in acquiring the 1725 N. Bristol parcel. As a condition of sale, the City executed a License and Right of Entry Agreement on June 5, 2025 requiring the buyer to construct a 10-foot wall with landscaping, consistent with the Bristol Street Improvements Specific Plan standards for corridor soundwalls along the western edge of the subject property.

The adjacent property owner has since completed construction of the wall, which has been verified to meet all City standards. With all requirements under the License and Right of Entry Agreement now fulfilled, the City Council may now move forward with authorizing the execution of the recommended Purchase and Sale Agreement for this remnant parcel (Exhibit 2).

Staff recommends approval of Recommended Actions to transfer ownership of the unused and undevelopable land to the adjacent property owner as they have satisfied all requirements. Activating citywide vacant lots supports general plan goals by fostering community development and increasing tax revenue. This transfer will reduce City maintenance responsibilities and aligns with established municipal codes governing surplus property disposition.

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

FISCAL IMPACT
The revenue generated will be used to reimburse project expenditures and replenish funds utilized for citywide maintenance of vacant lots. In addition, the City will be relieved from the continued staff time associated with ongoing monitoring, clean up, and associated liability.

Approval of the recommended Appropriation Adjustment will recognize receipt of $1,516 into the Select Street Construction, Sale of Land revenue account (No. 05917002-57071) for Fiscal Year 2025-26 and appropriate it to the OCTA Bristol St Corridor Improvements, Improvements Other Than Buildings expenditure account (No. 05917661-66220). The remaining proceeds of $3,005 will be deposited to the Measure M Street Construction, liability account (No. 03201001-20215) for disbursement to OCTA, consistent with grant acquisition funding requirements.

EXHIBIT(S)

1. Location Map

2. Purchase and Sale Agreement
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
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EXHIBIT 1
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into this ____ day of _____________, 2025 (“Effective Date”), by and between Enrique Ponce (“Buyer”), 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 (“Seller” or “City”). As used herein, Buyer and Seller may be referred to collectively as the “Parties,” and each individually as a “Party.”

RECITALS
A. City is the fee simple owner of that certain real property consisting of approximately 4,521 square feet, located at 1725 N. Bristol Street (APN Nos. 399-085-22) Santa Ana, California, legally described in Exhibit “A” attached to this Agreement and incorporated into this Agreement in its entirety by this reference (the “Property”).

B. On March 5, 2019, the Property was approved by the City for disposition through direct negotiations, without competitive bidding, in accordance with Santa Ana Municipal Code sections 2-706 and 2-709.

C. On April 21, 2020, the Santa Ana City Council adopted Resolution No. 2020-032 declaring the Property as surplus land and directing the City Manager to comply with the requirements of California Government Code Section 54220 et seq. (“Surplus Land Act”) for the disposition of the Property.

D. On April 27, 2020, the City released a Notice of Availability (“NOA”) of surplus property for the Property for a period of sixty days. This NOA was sent out to all “ local public entities,” as defined in Health and Safety Code section 50079, within whose jurisdiction the surplus land was located, and to “Housing Sponsors” that had notified the California Department of Housing and Community Development (“HCD”) of their interest in surplus land. The NOA was also sent to local parks agencies and school districts.

F. In satisfying Surplus Land Act requirements, City staff proceeded with direct negotiations to sell the Property to the Adjacent Property Owner.

G. City now desires to sell the Property to Buyer, and Buyer desires to purchase the Property from City, in accordance with the provisions of this Agreement.

AGREEMENT
NOW THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Incorporation of Recitals. The recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference.

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2. Purchase and Sale; Purchase Price.

2.1 Purchase and Sale. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, subject to the terms and conditions set forth in this Agreement.

2.2 Purchase Price. The purchase price of the Property shall be Four Thousand Five Hundred and Twenty One Dollars ($4,521.00).

3. Escrow.

3.1 Escrow Instructions. Within seven (7) days following the execution of this Agreement by the Parties, Buyer will open an escrow (“Escrow”) with Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660, Attn: Jody Kelly (“Escrow Holder”) for the purchase and sale of the Property. The “Opening of Escrow” shall mean the date on which a fully executed copy of this Agreement has been delivered to Escrow Holder.

Escrow Holder shall confirm the Opening of Escrow to the Parties in writing. This Agreement constitutes joint escrow instructions to Escrow Holder. The Parties agree to execute such additional instructions consistent with the provisions of this Agreement, which may be required by Escrow Holder. As between the Parties, Buyer and Seller agree that, if there is any conflict between the terms of this Agreement and any Escrow Instructions required by Escrow Holder, the terms of this Agreement shall control. Buyer and Seller shall each furnish Escrow Holder with their respective Federal Tax Identification Numbers and such other information as is reasonably required by Escrow Holder.

3.2 Payment of Purchase Price. The Purchase Price for the Property shall be payable at Closing. If Seller has deposited into Escrow all documents and amounts required of Seller to close Escrow, including without limitation, the “Grant Deed” (as defined in Section 3.10 below), and complied with all of Seller’s other obligations under this Agreement, then on or before the “Closing Date” (as defined Section 3.3 below) so as not to delay the “Close of Escrow” (as defined Section 3.3 below), Buyer shall deposit into Escrow the following in Acceptable Funds:
(a) the Purchase Price and (b) the Escrow closing costs pursuant to the preliminary Escrow Closing statement furnished by Escrow Holder as provided below.

3.3 Close of Escrow. Subject to Sections 3.3.1 and 3.3.2, Escrow for the sale of the Property shall close on a date that is no later than thirty (30) days after the opening of Escrow (“Closing Date”), subject to reasonable extension as necessary in order to satisfy the conditions precedent and other requirements for the Close of Escrow. As used in this Agreement, “Close of Escrow” shall mean the date on-which the “Grant Deed” conveying fee title to the Property to Buyer is recorded in the Orange County Recorder’s Office.

3.3.1 Conditions Precedent to Buyer Obligation to
Close. Buyer’s obligation to close Escrow and purchase the Property is expressly conditioned on the satisfaction of the conditions listed in this Section 3.3.1. If any such condition is not satisfied or waived by Buyer at or prior to the Close of Escrow, for any reason other than a default by Buyer, Buyer may, in its sole discretion and without limiting any of Buyer’s legal remedies or City Council 16 – 5 12/2/2025
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remedies under this Agreement, terminate this Agreement by written notice to Seller.
(1) Title Policy. Escrow Holder has issued or is irrevocably committed to issue to Buyer the “Title Policy” (as defined in Section 3.6 below) showing fee title vested in Buyer subject only to “Permitted Exceptions” (as defined in Section 3.5 below). (2) Representations and Warranties. Each of Seller’s
representations and warranties in this Agreement are materially true and accurate as of the Close of Escrow.
(3) Seller Obligations. Seller is not in material default under this Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, has been performed as required, including, without limitation the delivery of all documents required of Seller under this Agreement.
(4) Possession. Seller is able, at the Close of Escrow to deliver exclusive possession of the Property to Buyer in accordance with this Agreement and does so.

3.3.2 Conditions Precedent to Seller Obligation to
Close. Seller’s obligation to close Escrow and sell the Property is expressly conditioned upon the satisfaction of the conditions listed in this Section 3.3.2. If any such condition is not satisfied or waived by Seller prior to the Close of Escrow for any reason other than a default by Seller, Seller may, in its sole discretion and without limiting any of Seller’s legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Buyer. (1) Representations and Warranties. Each of Buyer’s
representations and warranties set forth in this Agreement are materially true and accurate as of the Close of Escrow.
(2) Buyer’s Obligations. Buyer is not in material default under this Agreement, and each material obligation of Buyer to be performed prior to the Close of Escrow hereunder has been performed as required.

3.4 Escrow Cancellation.

3.4.1 Charges.
(1) Seller’s Default. If Escrow fails to close due to Seller’s default, Seller shall pay all Escrow cancellation charges. “Escrow cancellation charges” means all fees, charges and expenses charged or passed on to the Parties by Escrow Holder, including all title expenses. Buyer shall be entitled to terminate this Agreement or bring an action against Seller for specific performance as its sole and exclusive remedies. (2) Buyer’s Default. If Escrow fails to close due to Buyer’s default, Buyer shall pay all Escrow cancellation charges and Seller shall be entitled to terminate this Agreement as its sole and exclusive remedy.

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(3) No Default. If Escrow fails to close and this Agreement is terminated for any reason other than a default by one of the Parties, Buyer and Seller shall evenly split any Escrow cancellation charges.

3.5 Permitted Exceptions to Title. As soon reasonably possible after the Opening of Escrow, Escrow Holder shall cause Fidelity National Title, in its capacity as title insurer (“Title Company”), to deliver to Buyer and Seller a current preliminary title report (“Title Report”) together with legible copies of all underlying documents referenced therein (together with the Title Report, the “Title Documents”). The term “Permitted Exceptions” as used in this Agreement shall mean all of the following: (a) the Grant Deed; (b) the Affordable Housing Covenant; (c) non­delinquent real property taxes and assessments; (d) items and exceptions created by or with the written consent of Buyer, including documents to be recorded pursuant to this Agreement, and (e) the title exceptions shown on the Title Report but excluding any (i) “Disapproved Exceptions” as defined below that Seller, in its sole discretion, agrees to remove prior to the Close of Escrow as provided below and (ii) all monetary liens and monetary encumbrances on the Property, other than non-delinquent real property taxes and assessments which will be removed (meaning removal from title and not the issuance of an endorsement in connection therewith by the Title Company) from title by Seller at its sole cost and expense prior to the Close of Escrow. If Buyer objects to any title exceptions in its sole and absolute discretion (“Disapproved Exceptions”), Buyer shall deliver written notice (“Objection Notice”) of same to Seller within ten (10) business days of delivery of the initial Title Report to Buyer. Seller shall act in good faith and reasonably to resolve any title exception in the Objection Notice. If Buyer fails to deliver an Objection Notice but delivers a “Notice of Approval”, Buyer shall be deemed to have approved title to the Property subject to the Permitted Exceptions. If Buyer delivers an Objection Notice regarding a title exception and Seller, by delivery of written notice to Buyer within five (5) business days following receipt of the Objection Notice elects not to remove a material Disapproved Exception (Seller’s failure to respond to a Buyer Objection Notice shall be deemed such an election), Buyer’s sole remedies shall be with respect to the delivery of a Notice of Approval or delivery or deemed delivery of a Notice of Termination.

3.6 Title Insurance. Seller shall cause the Title Company to commit to issue to Buyer at the Close of Escrow a standard coverage ALTA Owner’s policy of title insurance with mechanics lien endorsement (Seller shall provide, any indemnity or other agreement required by the Title Company as a condition to the issuance of the mechanics lien endorsement) (“Title Policy”) insuring fee title to the Property vested in Buyer subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price. If Buyer requires an extended coverage ALTA Owners policy of title insurance, Buyer shall pay the difference in cost between the standard and extended coverage and the cost of any endorsements (other than a mechanics lien endorsement issued in connection with the standard coverage Title Policy which shall be at the cost of Seller) (“Buyer Title Costs”).

3.7 Possession. Seller shall deliver possession of the Property to Buyer at the Close of Escrow subject only to the Permitted Exceptions and free of any tenancies and/or third patty claims of use or ownership.

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3.8 Taxes, Assessments and Prorations.

3.8.1 Taxes. Only to the extent the Seller pays any
property taxes or assessments on the Property, all current general and special taxes and assessments on the Property shall be prorated by Escrow Holder based upon the latest available information as shown in the tax statements provided to Escrow Holder by Seller, using customary escrow procedures in Orange County.

Seller shall provide Buyer with written evidence of the payment or satisfaction of such taxes. Should the Property be part of a larger tax parcel (“Assessment Parcel”) which as of the Close of Escrow remains unsegregated on the County Tax Assessor’s Roll for the ensuing fiscal year, Escrow Holder shall charge Buyer and credit Seller for taxes and assessments allocated to the Property (based on unimproved value) based on the percentage of the total acreage of the Assessment Parcel located on the Property, which acreage figures for allocation purposes shall be fairly and equitably determined and supplied to Escrow Holder by Buyer and Seller. Buyer and Seller shall cooperate in good faith to cause the Property to be separately assessed and segregated in Buyer’s name on the current tax roll. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of transfers, improvements or other occurrences before the Close of Escrow shall be the responsibility of Seller.

3.8.2 General. All pro rations provided for herein shall be on an “actual day” basis and a three hundred sixty-five (365) day year. The provisions of this Section shall survive Close of Escrow. If either Party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall accrue on all unpaid amounts from when owing until paid at the maximum rate allowed by law. Any errors or omissions made in calculating adjustments and prorations shall be corrected promptly upon the discovery thereof. If any estimations are made at the Close of Escrow regarding adjustments or prorations, the Parties shall make the appropriate collection promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid to the Party entitled thereto within thirty (30) days after written request therefor and if not so paid interest shall accrue and be payable on same at the maximum rate allowed by law.

3.9 Closing Costs. Buyer shall pay the cost of the Title Policy, the Escrow Fees and any applicable documentary transfer fees (considering Seller is a City) and recording fees, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If required by Buyer’s lender, Buyer shall also pay for the appraisal cost of the Property (collectively, “Closing Costs”). As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to Buyer and Seller.

3.10 Grant Deed. The transfer of ownership of the Property shall be documented through a Grant Deed in the form attached hereto as Exhibit “B” and incorporated herein by reference, conveying the Property to Buyer (“Grant Deed”).

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3.10.1 Affordable Housing Covenant in the Event of
Residential Development. In accordance with California Government Code Section 54233, if 10 or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the Government Code.

Buyer expressly agrees and consents that the requirements of this section shall be contained in a covenant or restriction recorded against the Property prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the Government Code.

3.11 Recordation and Delivery of Documents. No later than the business day immediately prior to the Closing Date, Buyer and Seller, as applicable, will deposit into Escrow the following documents (with the documents that are to be recorded in the following order and delivered as provided below):

3.11.1 Grant Deed. One (1) fully executed and
acknowledged copy of the Grant Deed conveying the Property to Buyer.

Conformed copies of the recorded Grant Deed shall be returned to Buyer and Seller as soon as possible.

3.11.2 Withholding Exemption Certificates. One
(1) completed and executed copy of the following: Non-foreign Transferor Declaration; Preliminary Change in Ownership Report, Internal Revenue Service Form 1099-S, and California Franchise Tax Board Form 593 and any other applicable state tax withholding forms, as applicable.

3.11.3 Disbursement of Closing Documents. As soon as
reasonably possible following the Close of Escrow, Escrow Holder shall deliver copies of all closing documents, including, without limitation, those listed above, the Title Policy, any additional escrow instructions and the final Escrow closing statement, to Seller’s counsel and Buyer or Buyer’s counsel.

3.12 Seller’s Proceeds. At the Close of Escrow, subject to Section 3.13 below, Escrow Holder is directed to wire funds representing Seller’s cash proceeds through Escrow to Seller’s account as directed in separate written instructions to be provided by Seller.

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3.13 Cal-FIRPTA Withholding. Unless this transaction is exempt under California Revenue and Taxation Code Sections 18805 and 26131, Escrow Holder shall be the “withholding agent” and withhold from proceeds due Seller any amounts required under the above code sections to be withheld by Buyer and pay same to the California Franchise Tax Board or Internal Revenue Service in accordance with applicable law.

3.14 Additional Documents. Seller and Buyer shall execute and deliver to Escrow any other documents reasonably required by Escrow Holder including, without limitation, Seller’ s affidavits or statements regarding mechanics liens and /or tenants or parties in possession.

3.15 Termination of Property Contracts. Seller shall terminate any service contracts or similar agreement relating to the Property that the Buyer does not expressly elect in writing to assume which termination shall be effective as of the Close of Escrow.

4. Real Estate Brokerage Commission. Buyer and Seller each represent and warrant to each other that they have not employed, dealt with or incurred any obligation to any broker, agent or finder in connection with the Property, and that they have not incurred any obligation to pay any other real estate brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. Buyer and Seller agree to indemnify, defend and hold each other free and harmless from and against all costs and liabilities, including without limitation reasonable attorneys’ fees and the costs and expenses of litigation, for causes of action or proceedings in any way related to or resulting from a breach of the foregoing representation and warranty or arising out of any action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying Party, respectively, in connection with this transaction.

5. Inspections; AS-IS Condition of Property.

5.1 Waiver of Inspections. Buyer and Seller agree that Buyer unequivocally waives any right to conduct independent investigations concerning (i) Buyer’s proposed use, sale, development or suitability for development of the Property; (ii) the condition and all other attributes of the Property, including, without limitation all improvements located thereon; (iii) applicable laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property or any existing or proposed development or condition thereof, including but not limited to zoning, subdivision and other regulations; (iv) the necessity or availability of any specific plan or general amendments, rezoning, zone variances, conditional use permits, building permits, environmental impact reports, subdivision maps, public reports issued by the California Bureau of Real Estate and all other governmental permits, approvals or acts; (v) the necessity and existence of all dedications, fees, charges, costs or assessments which may be imposed by any Governmental Authority in connection with the proposed development of the Property; (vi) the value of the Property; (vii) the availability or adequacy of access to the Property, or of water, sewage, gas, electrical or other utilities serving the Property and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning the Property.

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5.2 No Representations or Warranties. Seller makes no representation or warranty, express or implied, to the Buyer relating to the condition of the Property or suitability of the Property for any intended use or development by the Buyer.

5.3 Acceptance of Property “AS-IS.” Buyer shall accept all conditions of the Property, without any liability of the Seller whatsoever, AS-IS, WHERE-IS, SUBJECT

TO ALL FAULTS CONDITION, WITHOUT WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION, and with full knowledge of the physical condition of the Property, the nature of the Seller's interest in and use of the Property, all laws applicable to the Property and of any and all conditions, restrictions, encumbrances and all matters of record relating to the Property. The Property is being acquired by Buyer as a result of its own knowledge of the Property and not as a result of any representation(s) made by the Seller or any employee, official, consultant or agent of the Seller relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement. Seller hereby expressly and specifically disclaims any express or implied.

6. Warranties.

6.1 Seller’s Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property from Seller, Seller makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Buyer. For all purposes of this Agreement, including Seller’s representations and warranties contained herein, the phrase “to the best of Seller’s knowledge” shall mean the current actual knowledge of Seller. If prior to the Close of Escrow, Buyer has actual knowledge that any representation or warranty of Seller is untrue, inaccurate or incomplete in any material respect (and without waiving any of Buyer’s rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Seller), Buyer may give Seller written notice of same and Seller shall have seven (7) days from the date of receipt of Buyer’s notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) (“Seller Cure Period”) to correct any factor or circumstance that makes such representation or warranty materially untrue or inaccurate to Buyer’s reasonable satisfaction. If Seller fails to make such correction within the Seller Cure Period, then Buyer by written notice to Seller within three (3) days after the expiration of the Seller Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement, or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Seller. The foregoing is not a waiver or release of any of Buyer’s rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Seller of which Buyer obtains knowledge after the Close of Escrow.

6.1.1 Authorization. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement by Seller.

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Each individual or entity who has executed this Agreement on behalf of Seller has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Seller.

6.1.2 Conflicting Agreements. Neither the execution or
delivery of this Agreement, nor the consummation of the transaction contemplated herein, will conflict with, or result in a breach of, any contract, license or undertaking to which Seller is a party or by which Seller or any of the Property is bound, or constitute a default thereunder. In addition, with respect to any agreements that affect the Property, neither Seller nor any other party or parties to such agreements are in default thereunder nor are there any facts that currently exist which with the passage of time would result in any such default.

To the best of Seller’s knowledge, the Property is not subject to any prescriptive easements, claims of adverse possession, encroachments or similar rights or claims. The Property is not subject to any leases, options or other similar rights or claims in favor of any third parties. The Property is not subject to a Williamson Act contract or any similar agricultural agreement.

6.1.3 Proceedings. To the best of Seller’s knowledge,
no legal or administrative proceeding is pending or threatened against Seller or the Property nor are there any other facts or circumstances which would adversely affect (i) Seller’s right to convey title to the Property to Buyer as contemplated in this Agreement, or (ii) Buyer’s ability to own, develop and/or market the Property in the manner disclosed by Buyer to Seller. To the best of Seller’s knowledge, there are no condemnation or eminent domain proceedings pending or threatened with respect to the Property.

6.1.4 Binding Agreement. This Agreement constitutes
a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally.

6.1.5 Violations of Law. On the Effective Date and
Close of Escrow, neither this Agreement nor the Property shall be in violation of any law, ordinance, rule regulation, or administrative or judicial order.

6.1.6 Hazardous Materials. Seller has not stored or
released, caused to be stored or released or approved the storage or release on the Property, of any “hazardous materials” (as defined below). To the best of Seller’s knowledge, (a) no prior owner of the Property has stored or caused to be stored any hazardous materials on the Property; (b) no hazardous materials now exist in, on or under the Property in violation of any “environmental law” (as defined below); (c) there are no underground tanks on the Property; (d) no use of or operations on the Property have occurred which use or operation has violated any applicable environmental law; and (e) the Property is not on any “Superfund” list under any applicable environmental law. As used herein, City Council 16 – 12 12/2/2025
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“environmental law” shall mean any and all present federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any other requirements of Governmental Authorities relating to the environment to any “hazardous materials” (as defined below) (including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code). As used herein, “hazardous materials” shall mean any (a) chemical, compound, material, mixture or substance that is now defined or listed in, or otherwise classified pursuant to any environmental law as a “hazardous substance,” “hazardous material,” “hazardous waste,” “extremely hazardous waste,” “infectious waste,” “toxic waste,” “toxic pollutant” or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect and (b) petroleum, petroleum byproducts, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources.

6.1.7 No Assumed Obligations. There are no
obligations or responsibilities of Seller with respect to the Property or otherwise of any kind that are assumed by Buyer.

6.1.8 Endangered Species. To the best of Seller’s
knowledge, (a) there are no endangered or threatened species of animals, plants or insects on the Property, and (b) there are no environmental or biological characteristics of the Property or adjacent property, which under existing law will adversely affect Buyer’s ability to own, develop and/or market the Property or the cost thereof.

6.1.9 Ownership of Property. Seller is the sole and only party that owns or holds any interest in the Property.

6.1.10 Property Documents. To the best of Seller’s
knowledge, the Property Documents and all other documents and information provided by Seller or its agents or consultants to Buyer are complete, true and accurate and do not omit any material fact, and there are no other documents, materials, studies, surveys or other information in the possession or control of Seller that would have a material and adverse effect on Buyer’s ability to own, develop and/or market the Property.

6.1.11 Other Agreements. Except as set forth in the
Property Documents and this Agreement, Seller has not made any commitment or representation to or entered into any agreement of any kind with any government authority, or any adjoining or surrounding property owner, group or other third party, which would in any way be binding on Buyer or all or any City Council 16 – 13 12/2/2025
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portion of the Property or would interfere in any way with Buyer’s ability to own, develop, improve and/or market the Property, and will not make any such representations or warranties or enter into any such agreements which would affect the Property or any portion thereof prior to the Close of Escrow, without Buyer’s written consent.

6.1.12 Access. There is full and unobstructed direct
access to the Property from public streets, highways or roads that are adjacent to the Property.

6.1.13 Bankruptcy. No “Bankruptcy Event” (as
defined below) has occurred with respect to Seller nor any member or manager of Seller. There is not pending or threatened any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or recomposition of Seller or any member or manager of Seller or seeking appointment of a receiver, trustee, custodian or similar official for Seller or any member or manager of Seller for all or any substantial part of its or their assets. “Bankruptcy Event” means (a) the making by a person of a general assignment for the benefit of such person’s creditors, (b) the admission in writing by a person of its inability to pay its or their debts as they mature, (c) an attachment, execution or other judicial seizure of any property interest which remains in effect, or (d) the failure to have taken or submission to any action indicating a general inability by a person to meet its financial obligations as they accrue.

6.1.14 Material Change. Seller shall promptly notify
Buyer if Seller obtains information that would make any of the representations or warranties contained herein materially inaccurate or misleading.

6.2 Buyer’s Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Seller. For all purposes of this Agreement, including Buyer’s representations and warranties contained herein, the phrase “to the best of Buyer’s knowledge” shall mean the current actual knowledge of Buyer. If prior to the Close of Escrow Seller determines that any representation or warranty of Buyer is untrue, inaccurate or incomplete in any material respect (and without waiving any of Seller’s rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Buyer), Seller may give Buyer written notice of same and Buyer shall have seven (7) days from the date of receipt of Seller’s notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) (“Buyer Cure Period”) to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Seller’s reasonable satisfaction. If Buyer fails to make such correction within the Buyer Cure Period, then Seller by written notice to Buyer within three (3) days after the expiration of the Buyer Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against City Council 16 – 14 12/2/2025
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Buyer. The foregoing is not a waiver or release of any of Seller’s rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Buyer of which Seller obtains knowledge after the Close of Escrow.

6.2.1 Authorization. Buyer has full power and
authority to enter into this Agreement and to perform all of its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement. Each individual who has executed this Agreement on behalf of Buyer has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Buyer.

6.2.2 Binding Agreement. This Agreement constitutes
a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally.

6.2.3 Compliance with Law. Buyer is required to carry
out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, including any historic property regulations and environmental laws.

6.3 Natural Hazard Zone Disclosure. No later than seven (7) business days prior to the Property Approval Date, the Seller will, at its sole cost and expense, provide Buyer with a Natural Hazard Zone Disclosure required by applicable law.

6.4 Buyer and Seller Cooperation. Buyer shall submit plans for the development of the Property to Seller, and Seller, in its capacity as the City within which the project is located, will make the determination as to the required entitlements based upon Buyer's proposed plans. Buyer may then process and obtain the Project Entitlements through Seller in its capacity as the City within which the Project Entitlements is located. Nothing in this Agreement shall be deemed to be a prejudgment or commitment with respect to exercise of governmental discretion with regard to such items, nor a guarantee that such approvals or permits will be granted at all or within any particular time or with or without any particular conditions.

7. Destruction/Condemnation of Property; Other Notices. In the event that all or any portion of the Property is damaged or destroyed by any casualty under the provisions of applicable law after the Effective Date but prior to the date of Closing, Seller shall give Buyer immediate written notice of the same.

8. Indemnification.

8.1 Obligations. Seller shall indemnify Buyer and Buyer shall indemnify Seller against any wrongful intentional act or negligence of the Indemnitor. Buyer shall also indemnify Seller against any and all of the following: (a) any damage to the Property caused by the Investigations of the Property by Buyer; and (b) any accident, injury or damage whatsoever caused to any person in or on the Property by Buyer prior to the Closing. Notwithstanding anything to City Council 16 – 15 12/2/2025
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the contrary in this Agreement, no Indemnitor shall be required to indemnify any Indemnitee to the extent of the Indemnitee’s wrongful intentional acts or negligence.

8.2 Limitation on Liability of the Seller. Following the Close of Escrow, the Buyer is and shall be responsible for operation of the Property, and the Seller shall not be liable for any injury or damage to any property (of the Buyer or any other person) or to any person occurring on or about the Property, except to the extent caused by the Seller’s wrongful intentional act or negligence.

8.3 Strict Liability. The indemnification obligations of an Indemnitor shall apply regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or more Indemnitees.

8.4 Independent of Insurance Obligations. Buyer’s indemnification obligations under this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying Buyer’s insurance or other obligations under this Agreement and is independent of the Buyer’s insurance and other obligations under this Agreement. Buyer’s compliance with its insurance obligations and other obligations under this Agreement shall not in any way restrict, limit, or modify the Buyer’s indemnification obligations under this Agreement and are independent of the Buyer’s indemnification and other obligations under this Agreement.

8.5 Survival of Indemnification and Defense Obligations. The indemnity and defense obligations under this Agreement shall survive the expiration or earlier termination of this Agreement, until all claims against any of the Indemnitees involving any of the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes of limitations.

8.6 Independent Duty to Defend. The duty to defend under this Agreement is separate and independent of the duty to indemnify. The duty to defend includes claims for which an Indemnitee may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a claim, regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, regardless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor’s duty to defend the Indemnitee, at any stage of any claim or suit, within the scope of the Indemnitor’s indemnity obligations under this Agreement.

8.7 Indemnification Procedures. Wherever this Agreement requires any Indemnitor to Indemnify any Indemnitee:

8.7.1 Prompt Notice. The Indemnitee shall promptly
notify the Indemnitor of any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity for such claim, the Indemnitor shall be relieved of its indemnity obligations for such claim.

8.7.2 Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemnitor’s City Council 16 – 16 12/2/2025
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insurance carrier that is providing coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to advise it regarding the claim and its defense. The Indemnitee’s separate counsel may attend all proceedings and meetings. The Indemnitor’s counsel shall actively consult with the Indemnitee’s separate counsel. The Indemnitor and its counsel shall, however, fully control the defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for such claim.

9. Miscellaneous.

9.1 Notices. Any notice, request, demand, instruction or other document required or permitted to be given or served hereunder or under any document or instrument executed pursuant hereto will be in writing and will be delivered personally or sent by United States registered or certified mail, return receipt requested, postage prepaid or by overnight express courier, postage prepaid and addressed to the parties at their perspective addresses set forth below, and the same will be effective upon the date of confirmed dispatch, if by electronic communication receipt if delivered personally or via overnight express courier or on the third Business Day after deposit if mailed. A party may change its address for receipt of notices by service of a notice to such change in accordance herewith. Buyer and Seller hereby agree that notices may be given hereunder by the parties’ respective counsel and that, if any communication is to be given hereunder by Buyer’s or Seller’s counsel, such counsel may communicate directly with all principals as required to comply with the provisions of this Section.

If to Buyer: Enrique Ponce
1240 W. 18th Street
Santa Ana, CA 92701
If to Seller: City of Santa Ana
20 Civic Center Plaza M-30
Santa Ana, CA 92702
Attn: Clerk of the Council
with a copy to: City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, CA 92702
Attn: Executive Director of Public Works

9.2 No Third Party Beneficiaries. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement is intended as and shall be deemed to be an agreement for the sale of assets and none of the provisions hereof shall be deemed to create any obligation or liability of any person that is not a Party, whether under a third-party beneficiary theory, laws relating to transferee liabilities or otherwise. Buyer shall not assume and shall not be obligated to discharge or be liable for any debts, liabilities or obligations of Seller including, but not limited to, any (a) liabilities or obligations of Seller to its creditors, shareholders, members, partners, managers, or owners, (b) liabilities or obligations of Seller with respect to any acts, events or transactions occurring prior to, on or after the Close of Escrow, (c) liabilities or obligations of City Council 16 – 17 12/2/2025
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Seller for any federal, state, county or local taxes, or (d) any contingent liabilities or obligations of Seller, whether known or unknown by Seller or Buyer. Buyer shall have no duty whatsoever to take any action or receive or make any payment or credit arising from or related to any services provided or costs incurred in connection with the Property prior to the Close of Escrow, including, but not limited to, any matters relating to cost reports, collections, audits, hearings, or legal action arising therefrom.

9.3 Further Instruments. Each Party will, whenever and as often as it shall be reasonably requested to do so by the other, cause to be executed, acknowledged or delivered any and all such further instruments and documents as may be necessary or proper, in the reasonable opinion of the requesting Party, in order to carry out the intent and purpose of this Agreement.

9.4 Calculation of Time Periods; Business Day; Time of Essence. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is not a Business Day, in which event the period shall run until the end of the next day which is a Business Day. The last day of any period of time described herein shall be deemed to end at 5:00 p.m. local time in the state in which the Property is located. As used herein, the term “Business Day” means any day excluding Saturdays, Sundays and State and National holidays and any day the City is closed. Subject to the foregoing provisions, time is of the essence of this Agreement.

9.5 Entire Agreement; Amendments. This Agreement (including the documents delivered pursuant to this Agreement), constitutes the entire agreement of the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements or letters of intent of the Parties. This Agreement may not be amended, modified, or supplemented except by a written instrument signed by an authorized representative of each of the Parties.

9.6 Survival. All covenants, agreements, representations, warranties and indemnities contained in this Agreement shall survive the execution and delivery of this Agreement and the Close of Escrow and the delivery and recordation of all documents or instruments in connection therewith.

9.7 Binding Effect; Enforcement. The covenants, agreements, representations, and warranties contained herein will be binding upon, be enforceable by and inure to the benefit of the representatives, successors, and permitted assigns of the respective parties hereto.

9.8 Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to, the laws of the State of California applicable to contracts made and to be performed entirely therein.

9.9 Venue. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be the Superior Court of Orange County, and the Parties hereby agree to and do hereby submit to the jurisdiction of such court.

9.10 Attorneys’ Fees. If any Party to this Agreement shall bring any action or proceeding for any relief against the other, declaratory or otherwise, in any way arising out of or in connection this Agreement and/or the Property, the losing Party shall pay to the prevailing Party City Council 16 – 18 12/2/2025
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a reasonable sum for attorneys’ fees and costs (including without limitation expert witness fees) incurred in bringing or defending such action or proceeding or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such action or proceeding shall contain a specific provision providing for the recovery of attorneys’ fees and costs, separate from the judgment, incurred in enforcing such judgment. The prevailing Party shall be determined by the trier of fact based upon an assessment of which Party’s major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other Party’s major arguments or positions on major disputed issues. For the purposes of this Section, attorneys’ fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation.

9.11 Construction. The provisions of this Agreement shall not be construed in favor of or against either Party, but shall be construed as if both Parties prepared this Agreement.

9.12 Interpretation. The paragraph and section headings in this Agreement are solely for convenience and will not be deemed to limit or otherwise affect the meaning or construction of any part of this Agreement. Any pronoun used in this Agreement will be deemed to cover all genders. The terms “include,” “including,” and similar terms will be construed as if followed by the phrase “without being limited to.” The term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or.” The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision or section of this Agreement. Words in this Agreement importing the singular number will mean and include the plural number, and vice versa.

9.13 No Waiver. No waiver by a Party of a breach of any of the terms, covenants, or conditions of this Agreement by the other shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition contained herein. No waiver of any default by a Party shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by either Party to or of any act by the other requiring the first Party’s consent or approval shall not be deemed to waive or render unnecessary the consenting Party’s consent or approval to or of any subsequent similar acts by the other Party.

9.14 Severability of Provisions. Wherever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement will be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

9.15 Incorporation of Exhibits. Except as intentionally omitted, all exhibits attached hereto and referred to herein are incorporated into the Agreement as though fully set forth herein.

City Council 16 – 19 12/2/2025
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9.16 Counterparts. This Agreement may be executed in any number of counterparts and by different Parties to this Agreement in separate counterparts, each of which when so executed and delivered will be deemed original, but all such counterparts, together, will constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. This Agreement will become effective upon the execution and delivery of a counterpart hereof by each Party to this Agreement. A signature of a Party to this Agreement sent by facsimile, electronic mail (including a scanned portable document format copy sent by electronic mail), or other electronic transmission will have the same force and effect as delivery of an original signature of such Party.

9.17 Amendments. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, except by written instrument signed by the Parties hereto.

City Council 16 – 20 12/2/2025
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IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date.

ATTEST
Jennifer L. Hall
City Clerk

CITY OF SANTA ANA
Alvaro Nuñez
City Manager

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

Kyle Nellesen
Assistant City Attorney

RECOMMENDED FOR APPROVAL
Rodolfo Rosas, P.E.

Acting Executive Director
Public Works Agency
BUYER

Enrique Ponce
Exhibits:

Exhibit “A” – Legal Description of the Property
Exhibit “B” – Form of Grant Deed
Rodolfo Rosas Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, [email protected], c=US
Date: 2025.11.14 13:33:19 -08'00'
City Council 16 – 21 12/2/2025
EXHIBIT "A”

LEGAL DESCRIPTION OF THE PROPERTY
All right, title and interest of Seller in and to that certain real property located in the City of Santa Ana, Orange County, California, described in the following exhibit A & B:
[attached behind this page]
City Council 16 – 22 12/2/2025
City Council 16 – 23 12/2/2025
City Council 16 – 24 12/2/2025
EXHIBIT "B”

GRANT DEED (TO BE EXECUTED)
[attached behind this page]
City Council 16 – 25 12/2/2025
When recorded, please mail this
Instrument to:

Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
The City of Santa Ana per
_____________________________________________
Government Code Section 6103, 27383. SPACE ABOVE THIS LINE FOR RECORDER’S USE

TAXES APPROVED AS TO
FORM BY ATTY.

APPROVED BY

DIRCTOR

DESCRIPTION

WRITTEN BY

DISCRIPTION
CHECKED O.K.

A.P.

NUMBER
399-085-22

R/W MAP
NUMBER
PARCEL
NUMBER
R1
1725 N. BRISTOL STREET

DEED NUMBER

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SANTA ANA, a Charter City and Municipal Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to:

Enrique Ponce, the real property in the City of Santa Ana, County of Orange, State of California, described as follows:

See Exhibit “A” attached hereto and by this reference made a part hereof, and as shown on Exhibit “B” attached hereto reference only.

Dated:__________________________ By:______________________________________ Alvaro Nuñez
City Manager, City of Santa Ana
Attested by:

Dated:__________________________ By:______________________________________ -HnniIHU L. +Dll
City Clerk, City of Santa Ana
8900
City Council 16 – 26 12/2/2025
City Attorney’s Office
www.santa-ana.org/ca
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 2, 2025
TOPIC: Agreements for Legal Services

AGENDA TITLE
Agreements for Legal Counsel Services with Richards Watson & Gerson APC and Goldfarb & Lipman LLP (General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a legal services agreement with the law firm of Richards Watson & Gershon APC ("RWG") for legal services for municipal advisory and litigation services including, but not limited to, elections work for the period of December 2, 2025 until December 1, 2028 with an option to extend for up to one year, in an amount not to exceed $350,000 (Agreement No. A-2025- XXX).

2. Authorize the City Manager to execute a legal services agreement with the law firm of Goldfarb & Lipman LLP for municipal advisory and litigation services, including but not limited to, defending the City in litigation challenging the Rent Stabilization and Just Cause Eviction Ordinance, administrative procedures, housing, affordable housing, fair housing, rent stabilization, land use, and real property issues for the period of December 2, 2025 to December 1, 2028, with an option to extend for up to one year, in an amount not to exceed $400,000 (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
City Council 17 – 1 12/2/2025
Agreements for Legal Services
December 2, 2025

Richards Watson & Gershon APC
RWG has provided general advice and legal review to the City on a case-by-case basis when matters arise in relation to litigation, election issues, or personnel matters requiring immediate attention. RWG recently concluded representation of the City in a federal civil rights lawsuit and the City is processing the remaining invoices. The City wants to continue to have RWG available to provide litigation and general advice services as needed.

Goldfarb & Lipman LLP
On November 21, 2023, the City entered into a three (3) year agreement with Goldfarb Lipman LLP to provide legal services for municipal advisory and litigation services including defending the City in litigation involving challenges to the City’s Rent Stabilization and Just Cause Eviction Ordinance. Since 2023, an increase in litigation and writ actions, stemming from the Ordinance, required the City to re-evaluate its current agreement to allow and provide continued and uninterrupted legal defense to the City. Goldfarb Lipman LLP, with its vast experience and success provided by this firm, will continue to focus on serving public entities with a positive community impact through affordable housing and community economic development.

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

FISCAL IMPACT
Richards Watson & Gershon APC
Specialized legal services during the remainder of the term for this Agreement, fiscal year 2025-26, will be paid out of the General Non-Departmental Contractual Services (Account No. 01105015-62300) funds. Funding is available in the current FY 2025-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

Fiscal Year Accounting UnitAccount #Account
Description
Amount
FY 2025-26 01105015-62300 General NonDepartmental
Contractual
Services Fund
$250,000
FY 2026-27 01105015-62300 General NonDepartmental
Contractual
Services Fund
$50,000
City Council 17 – 2 12/2/2025
Agreements for Legal Services
December 2, 2025

FY 2027-28 01105015-62300 General NonDepartmental
Contractual
Services Fund
$50,000
Total: $350,000
City Council 17 – 3 12/2/2025
Agreements for Legal Services
December 2, 2025

Goldfarb & Lipman LLP
Funds are available in the Liability and Property Insurance Fund, Losses Paid (08009051-64050) to cover costs subject to litigation against the City, as approved by Adminsure for coverage under this fund. Funding is available in the current FY 2025-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration

Fiscal Year Accounting UnitAccount #Account
Description
Amount
FY 2025-26 08009051-64050 Liability & Property
Ins. Fund, Losses
Paid
$150,000
FY 2026-27 08009051-64050 Liability & Property
Ins. Fund, Losses
Paid
$125,000
FY 2027-28 08009051-64050 Liability & Property
Ins. Fund, Losses
Paid
$125,000
Total: $400,000

EXHIBIT(S)

1. Agreement for Legal Services with Richards Watson & Gershon APC

2. Agreement for Legal Services with Goldfarb & Lipman LLP Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nuñez, City Manager
City Council 17 – 4 12/2/2025
1 LEGAL SERVICES AGREEMENT WITH

RICHARDS WATSON & GERSHON
This AGREEMENT, made and entered into this 2nd day of December, 2025, by and between Richards Watson & Gershon, a California Professional Corporation (“Attorneys”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California (“City”). Collectively, City and Attorneys are also referred to as “the Parties.”

RECITALS
A. The City of Santa Ana and the City Attorney’s Office desire to employ Attorneys to assist the in-house attorneys for the City (“City Attorney”) in the provision of legal services to the City, for general municipal law advisory and litigation matters.

B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge providing general municipal law advisory and litigation services and desire to undertake said service.

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

1. RETENTION OF ATTORNEYS On an as-needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with general municipal advisory and litigation matters, including but not limited to, elections matters filed against the City and to defend the City, its employees and its officials. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter.

2. COMPENSATION FOR SERVICES RENDERED
a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services, all attorneys will bill their time at $335/hour, all paralegals will bill their time at $195/hour, and time will be billed in 1/10th of an hour increments.
b. The total sum to be expended under this Agreement for attorney’s fees and out of pocket expenses, during the initial term of this Agreement shall not exceed three hundred fifty thousand dollars and zero cents ($350,000.00). Parties agree that any remaining budget available from the initial term shall be made available for any optioned extension period. If needed, any increase in the overall compensation amount listed here, shall be subject to approval by the City Council of the City of Santa Ana.
c. The compensation includes payment of invoices since May 1, 2025. This amount is included and does not increase the not-to-exceed amount set forth above.

City Council 17 – 5 12/2/2025
2 d. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. i. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page.
ii. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal research subscription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal research costs related to a complex legal matter or assignment and if pre-approved in writing by the City Attorney.
iii. The City will not reimburse Attorneys for ordinary document management systems used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre-approved in writing by City Attorney. iv. Attorneys agree to directly pay for vendors, consultants, or experts, and then seek reimbursement from the City.
v. Attorneys agree to seek authorization from City Attorney before retaining experts and consultants.
vi. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service.
vii. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice.

3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys’ discretion, they may choose to defer payment.

Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. City will not pay interest on unpaid monthly statements.

City and Attorneys agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. City acknowledges that Attorneys have executed the City’s standard ACH Vendor Payment Authorization and provided required documentation, and, upon verification of the data provided, the City will be and is authorized to deposit payments directly into Attorneys’ account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as City Council 17 – 6 12/2/2025
3 hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement.

5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports:
a. 45-day initial evaluation of case and budget;
b. Pre-trial report 90 days before trial; and
c. Regular trial reports during trial.

6. TERM The term of this Agreement shall commence on the date first written above, and terminate on December 1, 2028, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both Parties, including the City Manager and the City Attorney.

7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the Parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City.

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

MINIMUM SCOPE AND LIMIT OF INSURANCE

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

2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Attorneys have no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 combined single limits. In the event Attorneys does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.

3. Workers’ Compensation (WC): as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per City Council 17 – 7 12/2/2025
4 accident, policy or employee, for bodily injury or disease. Coverage is not required if Attorneys has no employees and signs request to waive such insurance.

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

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

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

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

2. Attorneys’ Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of Attorneys’ CGL, AL, and WC policies which arise from work performed by Attorneys under this Agreement.

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

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

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

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Laura Rossini, 20 Civic Center Plaza, M-29, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Self-Insured Retentions
City Council 17 – 8 12/2/2025
5 Self-insured retentions must be declared to and approved by the City. Attorneys have declared to the City that they have a $250,000 self-insured retention for professional liability insurance and City has approved that level.

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

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

City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Attorneys may provide redacted policies or specimen forms in order to prevent the disclosure of material Attorneys deem confidential, privileged, or trade secret information.

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

9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys’ negligent or wrongful performance or conduct related to this Agreement.

10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney-client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City’s prior written approval.

Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys‘ retention under this Agreement, shall be marked as “PRIVILEGED AND CONFIDENTIAL / ATTORNEY-WORK PRODUCT” and shall be the property of the City Attorney’s Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in City Council 17 – 9 12/2/2025
6 a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City.

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

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

To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6956
Courtesy Copy: City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Attorneys: Attention-Saskia Asamura, Esq.

Richards Watson & Gershon APC
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Fax (213) 626-0078
A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the Parties. In the event of a conflict between the terms of this Agreement City Council 17 – 10 12/2/2025
7 and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The Parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any Parties, which are not embodied herein.

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

15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date.

Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in the Actions.

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

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

18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

City Council 17 – 11 12/2/2025
8 19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original.

Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement.

20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys’ opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter.

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

ATTEST:

_________________________
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: _________________________
LAURA A. ROSSINI
Chief Assistant City Attorney

CITY OF SANTA ANA
______________________
ALVARO NUÑEZ
City Manager

RICHARDS WATSON & GERSHON
A Professional Corporation
By: ______________________________

SASKIA ASAMURA
Shareholder

City Council 17 – 12 12/2/2025

LEGAL SERVICES AGREEMENT WITH

GOLDFARB & LIPMAN LLP
This Agreement is made and entered into on this 2nd day of December, 2025, by and between Goldfarb & Lipman LLP ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State ofCalifornia ("City").

RECITALS
A. The City of Santa Ana and the City Attorney desires to employ Attorneys to assist the inhouse attorneys for the City ("City Attorney") in the provision oflegal services to the City.

B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of municipal advisory and litigation, specifically litigation regarding housing, affordable housing, land use, fair housing, rent stabilization, administrative procedures, real property, and real estate development.

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

1. RETENTION OF ATTORNEYS On an as-needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with municipal advisory and litigation, specifically litigation regarding housing, affordable housing, land use, fair housing, rent stabilization, administrative procedures, real property and real estate development. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance ofwork requested by City in writing by e-mail or letter.

2. COMPENSATION FOR SERVICES RENDERED
a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services, Partners will be billed at the hourly rate of $370.00 - $385.00 for Partner; $265.00 - $365.00 for Associates; $250.00 for Senior Law Clerk, $220.00 for Law Clerk, $220.00 for Project Coordinator. Time will be billed in 1/10th of an hour increments.
b. The total sum to be expended under this Agreement for attorney's fees and out of pocket expenses, during the initial tenn of this Agreement shall not exceed four hundred thousand dollars ($400,000). Parties agree that any remaining budget available from the initial term shall be made available for any optioned extension period. If needed, any increase in the overall compensation amount listed here, shall be subject to approval by the City Council ofthe City of Santa Ana.
c. City agrees to pay for outstanding invoices since October 1, 2025. This amount is included and does not increase the not-to-exceed amount of $400,000.

City Council 17 – 13 12/2/2025
d. City agrees to reimbw-se Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. ln-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal research subscription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal research costs related to a complex legal matter or assignment, if pre-approved in writing by the City Attorney. The City will not reimburse Attorneys for ordinary document management systems used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre-approved in writing by City Attorney. Attorneys agree to directly pay for vendors, consultants, or experts, and then seek reimbursement from the City. Attorneys agree to seek authorization from City Attorney before retaining experts and consultants. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense.

All expenses must have supporting documentation submitted with the invoice.

3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number ofhours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys' discretion, they may choose to defer payment.

Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work perfonned and fees incurred.

4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and di.rection ofsaid City Attorney at all stages, and that they shall at all times keep the City Attorney informed ofall matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement.

5. REPORTING REQUIREMENTS
a. Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed ofsignificant events in the Actions, including but not limited to trial/hearing date, party deposition dates, filing of motions for summary judgment or other significant motions, hearing date for motion for summary judgment or other significant motions, settlement conference date, and mediation date. b. For litigated matters, Attorneys also agree to provide the following reports:
2 City Council 17 – 14 12/2/2025
1) 45 day initial evaluation of case and budget;
2) Periodic status updates re important depositions, expert witness designation, expert witness depositions, pe11inent discovery issues; and 3) Pre-trial report 90 days before trial.
c. For advisory matters, Attorneys shall provide periodic status updates not less than every 30 days and more often if, in the Attorney's professional experience it is necessary.

6. TERM The tenn of this Agreement shall commence on the date first written above and te1rninate on December 1, 2028, unless ternunated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both patties, including the City Manager and the City Attorney.

7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the pe1formance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City.

8. INSURANCE Attorneys shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to prope11y which may arise from or in connection with the performance of the work hereunder and the results of that work by the Attorneys, its agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
• Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occun-ence and $2,000,000 aggregate per policy period of one year.

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

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

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations perfonned by or on behalf of the Attorneys including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Attorneys' insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 3 8; and CG 203 7 if a later edition is used).
3 City Council 17 – 15 12/2/2025
Primary Coverage
For any claims related to this contract, the Attorneys' insurance coverage shall be primary coverage at least as broad as ISO CG 20 O I 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Attorneys' insurance and shall not contribute with it.

Notice ofCancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver ofSubrogation
Attorneys hereby grant to City a waiver of any right to subrogation which any insurer of said Attorneys may acquire against the City by virtue ofthe payment of any loss under such insurance.

Attorneys agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless ofwhether or not the City has received a waiver ofsubrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Attorneys to purchase coverage with a lower retention or provide proofof ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

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

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

I. The Retroactive Date must be shown and must be before the date ofthe contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at leastfive (5) years after completion ofthe contract ofwork.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policyform with a Retroactive Date prior to the contract effective date, the Attorneys must purchase "extended reporting" coverage for a minimum of.fìve (5) years after completion of contract work.

Verification ofCoverage
Attorneys shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies ofthe applicable policy language effecting coverage required by this clause) and a copy ofthe Declarations and Endorsement Page ofthe CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Attorneys' obligation to provide them. 4 City Council 17 – 16 12/2/2025
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold hannless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement.

10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney-client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval.

Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys' retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL/ ATTORNEY-WORK PRODUCT" and shall be the property of the City Attorney's Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request ofthe City Attorney. Confidential information disclosed to either party by any subsidiary and/or agent ofthe other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any infonnation that (a) has been disclosed in publicly available sources; (b) is, through no fault ofthe Attorneys, disclosed in a publicly available source; (c) is in rightful possession ofthe Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance ofservices specified under this Agreement.

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

To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
5 City Council 17 – 17 12/2/2025
Courtesy Copy:

To Attorneys:

Facsimile (714) 647-6956
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
Goldfarb & Lipman LLP
Attn: Karen M. Tiedemann, Partner
1300 Clay Street, Eleventh Floor
City Center Plaza
Oakland, CA 94612
A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication·shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

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

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

15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services 6 City Council 17 – 18 12/2/2025
performed by Attorneys prior to receipt ofsuch notice oftermination. As a condition ofsuch payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date.

Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution ofthe new counsel as counsel ofrecord in in the Actions.

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

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

18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the tenns ofthis Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original.

Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement.

20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees ofsuccess regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys' opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter.
[signature page to follow]
7 City Council 17 – 19 12/2/2025
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

ATTEST:

Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARYALHO

CITY OF SANTA ANA
Alvaro Nuñez
City Manager

GOLDFARB & LIPMAN, LLP
City Attorney
Andr
a
ea Garcia-M
s.
i
(t
ller
o.1-it-K
By: Karen M Tiedemann
Title: Partner
8 Senior Assistant City Attorney
City Council 17 – 20 12/2/2025
Community Development Agency
www.santa-ana.org/cd
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 2, 2025
TOPIC: MOU Between the Orange County Continuum of Care, the County of Orange, the City of Anaheim, the City of Irvine, and the City of Santa Ana for Homeless Housing, Assistance and Prevention – Round 6 Program Regional Coordination

AGENDA TITLE
Memorandum of Understanding Between the County of Orange, acting as the Administrative Entity for the County of Orange and the Orange County Continuum of Care, the City of Anaheim, the City of Irvine, and the City of Santa Ana for the Homeless Housing, Assistance and Prevention Program Regional Coordination

RECOMMENDED ACTION
Authorize the City Manager to execute the Memorandum of Understanding with the County of Orange, the City of Anaheim, and the City of Irvine, to support regional coordination to address homelessness challenges (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
On February 24, 2025, the California Department of Housing and Community Development (HCD) announced the availability of funding under the Homeless Housing, Assistance, and Prevention (HHAP) Program, Round 6 (HHAP-6). HHAP-6 will create a Regionally Coordinated Homelessness Action Plan to implement homelessness programs and resources through a coordinated approach across Orange County that will coordinate housing solutions and prevention services.

Pursuant to HCD’s Notice of Funding Availability, the Orange County Continuum of Care (CoC), the County of Orange, the City of Anaheim, the City of Irvine, and the City of Santa Ana are eligible applicants for HHAP-6. HCD requires that these applicants apply jointly as part of a “region.” Since the inception of the HHAP Program that HCD administers, the Orange County region has successfully received five (5) rounds of HHAP funding.

As part of the application requirements, each eligible applicant must execute a joint Memorandum of Understanding (MOU) to formalize participation, roles, and responsibilities under the HHAP-6 Regionally Coordinated Homelessness Action Plan.

To meet this requirement, staff from each of these jurisdictions collaborated to draft an MOU for consideration by their respective governing bodies. The MOU authorizes the City Council 18 – 1 12/2/2025
MOU Between the Orange County Continuum of Care, County of Orange, and the Cities of Anaheim and Irvine for HHAP-6 Funding
December 2, 2025

regional application and establishes a partnership to strengthen regional goals and coordinate efforts to address the needs of homeless individuals and families through the use of HHAP-6 funds. These goals include working closely with the CoC and strengthening systemic efforts and processes to demonstrate a reduction in the number of persons experiencing or entering homelessness annually.

To date, the City of Santa Ana has received a total of $33,665,250 from HHAP Rounds 1 through 5. The City anticipates receiving an additional $5,947,585 once the HHAP Round 6 regional application is approved, and the City intends to continue implementing the same activities that were funded under HHAP Rounds 1–5. The exact scope will depend on the amount of funding awarded. If funding levels are lower than prior rounds, the City will still prioritize maintaining the same core activities in order to sustain existing programs and meet ongoing service needs. This regional approach promotes coordination while maintaining local control over funds, ensuring that each jurisdiction can address homelessness within its community while contributing to countywide goals of reducing and preventing homelessness.

Through HHAP funding from Rounds 1 through 5, the City has assisted nearly 14,000 individuals and families who are either experiencing homelessness or at imminent risk of becoming homeless. These funds have been instrumental in supporting the City’s ongoing efforts to promote housing stability and improve outcomes for vulnerable residents. Services include, but are not limited to:
• shelter operations at the Carnegie Navigation Center; • rapid rehousing that provides case management to help homeless with housing search services, and temporary financial assistance for rent and move-in expenses;
• life skills development that assist the unhoused prepare for employment and become document ready for the housing application process; • street outreach and engagement to encourage the unhoused to accept shelter and/or medical/substance use disorder treatment;
• landlord engagement to identify available housing; and • transitional housing that provides temporary housing with supportive services for a few months up to two years.

The CoC Board presented this MOU (Exhibit 1) for approval on October 22nd. The City of Irvine received City Council approval to enter into an MOU for HHAP Round 6 on November 12th, followed by the City of Anaheim on November 18. The County of Orange will present this MOU (Exhibit 1) to the Board of Supervisors for approval on December 16th.

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

City Council 18 – 2 12/2/2025
MOU Between the Orange County Continuum of Care, County of Orange, and the Cities of Anaheim and Irvine for HHAP-6 Funding
December 2, 2025

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

EXHIBIT(S)

1. MOU HHAP Round 6
Submitted By: Michael L. Garcia, Executive Director – Community Development Agency Approved By: Alvaro Nuñez, City Manager
City Council 18 – 3 12/2/2025

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE ORANGE COUNTY CONTINUUM OF CARE,

THE COUNTY OF ORANGE,

THE CITY OF ANAHEIM,

THE CITY OF IRVINE,

AND THE CITY OF SANTA ANA
FOR ROUND 6 OF THE HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM

COMMITMENT TO PARTNERSHIP AND PARTICIPATION IN A REGIONALLY COORDINATED HOMELESSNESS

ACTION PLAN
This Memorandum of Understanding (MOU) is entered into, by and between the County of Orange (County), acting as the Administrative Entity for the County of Orange and the Orange County Continuum of Care (CoC); the City of Anaheim; the City of Irvine; and the City of Santa Ana. The Orange County CoC, County, City of Anaheim, City of Irvine, and City of Santa Ana may be referred to individually as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, on February 24, 2025, the California Department of Housing and Community Development (HCD) announced the availability of the Homeless Housing, Assistance and Prevention (HHAP) Round 6 (HHAP-6) grant funding; and
WHEREAS, the general purpose of HHAP-6 is to create and implement a Regionally Coordinated Homelessness Action Plan that organizes and deploys the full array of homelessness programs and resources comprehensively and effectively; and
WHEREAS, the HCD Notice of Funding Availability (NOFA) identifies the Orange County CoC, the County, the City of Anaheim, the City of Irvine, and the City of Santa Ana as eligible applicants for the HHAP-6 grant funding. HCD requires eligible applicants to apply jointly as part of a “region”. “Region” is further defined in the NOFA as the geographic area served by the county including all cities and CoCs within it; and WHEREAS, the HHAP-6 grant funding requires the submission of a Regionally Coordinated Homelessness Action Plan, amongst other documents, including this MOU; and WHEREAS, by entering into this MOU, the Parties intend to participate in and comply with the Regionally Coordinated Homelessness Action Plan and commit to uphold, participate in, and comply with the actions, roles, and responsibilities of each Party as described in the HHAP-6 Regionally Coordinated Homelessness Action Plan and summarized below;
NOW, THEREFORE, the Parties mutually agree as follows:

ARTICLE I
The Parties acknowledge and hereby commit to participate and comply with the actions, roles and responsibilities of the Regionally Coordinated Homelessness Action Plan, which is incorporated by reference herein and made a part of this MOU as Attachment I. The Parties’ agreement and commitments to the Regionally Coordinated Homelessness Action Plan are summarized below and shall constitute the entire MOU between the Parties.

EXHIBIT 1
City Council 18 – 4 12/2/2025

1. The roles and responsibilities of each Party within the Orange County Region, as specified in Section 3.a. in Attachment I, for outreach and site coordination, siting and use of available public land, the development of interim and permanent housing options, and coordinating, connecting, and delivering services to people experiencing homelessness or at risk of experiencing homelessness within the Orange County Region are summarized below:
a. Outreach and Site Coordination
i. The Orange County CoC will invest and expand outreach and coordination services for people experiencing unsheltered homelessness with the goal of connecting them to emergency shelter, housing, and/or other supportive services.
ii. The County will continue to fund regional care coordination services, which provides targeted street outreach and engagement strategies for individuals experiencing unsheltered homelessness and will continue to facilitate discussions on how to best improve coordination amongst the County, cities and communitybased organizations to strengthen regional capacity and collaboration in the delivery of services.
iii. The City of Anaheim will continue to fund an array of housing solutions to ensure resources are available to serve the needs of unsheltered people, while continuing to fund outreach to promote linkage.
iv. The City of Irvine will provide s outreach and engagement to people at risk of or experiencing homelessness to provide connection to an array of services. v. The City of Santa Ana will continue to provide outreach and engagement services to unsheltered individuals and will exit homeless individuals from the streets by linking persons to shelter and housing within their jurisdiction. b. Land Use and Development
i. The Orange County CoC has no direct role or responsibility as it relates to land use and development; however, the Orange County CoC will continue to work collaboratively to support the Parties in fulfilling their land use and development roles and responsibilities.
ii. The County will continue to identify available land and support development opportunities with the County jurisdiction and support the County’s Housing Funding Strategy, which prioritizes the development of permanent supportive housing and affordable housing for people experiencing or exiting homelessness. iii. The City of Anaheim will continue to identify, acquire, and develop available land and structures in the city including prioritizing opportunities to dedicate units to households experiencing or exiting homelessness while partnering with housing developers.
iv. The City of Irvine will identify city-controlled property that can be made available to promote housing opportunities to meet the needs of vulnerable populations. v. The City of Santa Ana will also continue to identify, acquire, and develop available land and structures in the city including prioritizing opportunities to dedicate units to households experiencing or exiting homelessness c. Development of Interim and Permanent Housing Options EXHIBIT 1
City Council 18 – 5 12/2/2025
i. The Orange County CoC will continue to work collaboratively with the Parties to support them in the development of interim and permanent housing options and invest in services for people experiencing or at-risk of experiencing homelessness that provide interim and permanent housing options.
ii. The County will continue to invest in services for people experiencing or at-risk of experiencing homelessness that provide interim and permanent housing options. iii. The City of Anaheim will continue to prioritize increasing access to permanent affordable and supportive housing in the community, including incorporation of funding that would bolster development either through entitlement allocations or grant opportunities that arise. The City of Anaheim will also continue its work with the Anaheim Housing Authority.
iv. The City of Irvine will continue to prioritize expanding access to affordable and supportive housing in the community by leveraging a variety of funding options, including entitlement allocations, grant opportunities, and other strategic investments to support development.
v. The City of Santa Ana will continue to prioritize access to permanent affordable and supportive housing in the community through a variety of funding options and investments. The City of Santa Ana will continue to work with the Santa Ana Housing Authority.
d. Coordination of and Connection to Service Delivery
i. The Orange County CoC will continue to strengthen collaboration with Service Providers and stakeholders, including those with lived experience, transitional aged youth, and veterans and emphasize the utilization of the Homeless Management Information System and the expansion of the Coordinated Entry System (CES) to support coordination practices that improve the delivery of services.
ii. The County will continue to invest in services for people experiencing or at-risk of experiencing homelessness, including regional street outreach and engagement coordination, homelessness diversion and prevention strategies and programming, interim and permanent housing solutions.
iii. The City of Anaheim will continue to improve and expand on the network of homeless services in the city including evaluating gaps in services and barriers to engagement in existing services.
iv. The City of Irvine will continue to connect individuals experiencing homelessness or those at risk of homelessness to CalAIM services while forming partnerships with providers.
v. The City of Santa Ana will continue to work with service providers that deliver housing navigation services and resources to those who are housing insecure while coordinating and delivering a wide range of services through community partnerships.
e. Addressing Encampments
i. Parties will work to ensure that efforts to address encampments comply with the California Interagency Council on Homelessness (Cal ICH) Guidance on Addressing Encampments.

EXHIBIT 1
City Council 18 – 6 12/2/2025

2. The Parties’ roles and responsibilities for Key Actions, as specified in Section 3.b. in Attachment I, to improve the system performance measures are described below:
a. Number of people experiencing homelessness who are accessing services. i. Parties will invest in street outreach and engagement strategies, including regional care coordination services and partnerships with specialized outreach teams, with a focus on reducing homelessness for those exiting an institution such as hospitals, jails and prisons.
ii. Parties will invest in permanent housing solutions, such as rapid rehousing programs and affordable housing development that assist people transition from homelessness into permanent housing and homelessness prevention programs. iii. Parties will invest in services coordination activities, including but not limited to programs that provide compensation to people with lived experience of homelessness, programs that support the CES activities, and life skills training programs.
iv. The Orange County CoC and the County will invest in the Homeless Management Information System (HMIS) to support HMIS administration activities and strengthen the infrastructure of the homeless service system. b. Number of people experiencing unsheltered homelessness on a single night. i. Parties will invest in street outreach and engagement strategies, including regional care coordination services and partnerships with specialized outreach teams, with a focus on reducing homelessness for those exiting an institution such as hospitals, jails and prisons.
ii. Parties will invest in the critical infrastructure of emergency shelters serving individuals, families, transitional aged youth, and survivors of domestic violence and their operations.
iii. The Orange County CoC and the County will invest in the HMIS to support HMIS administration activities and strengthen the infrastructure of the homeless service system.
c. Number of people accessing services who are experiencing homelessness for the first time.
i. Parties will invest in services coordination activities, including but not limited to programs that provide compensation to people with lived experience of homelessness, programs that support the CES activities, and life skills training programs.
ii. The Orange County CoC and County will invest in the HMIS to support HMIS administration activities and strengthen the infrastructure of the homeless service system.
d. Number of people exiting homelessness into permanent housing. i. Parties will invest in permanent housing solutions, such as rapid rehousing programs and affordable housing development that assist people transition from homelessness into permanent housing and homelessness prevention programs. ii. The Orange County CoC and County will invest in the HMIS to support HMIS administration activities and strengthen the infrastructure of the homeless service system.

EXHIBIT 1
City Council 18 – 7 12/2/2025
e. Average length of time that people experienced homelessness while accessing services. i. Parties will invest in street outreach and engagement strategies, including regional care coordination services and partnerships with specialized outreach teams, with a focus on reducing homelessness for those exiting an institution such as hospitals, jails and prisons.
ii. Parties will invest in permanent housing solutions, such as rapid rehousing programs and affordable housing development that assist people transition from homelessness into permanent housing and homelessness prevention programs. iii. Parties will invest in the critical infrastructure of emergency shelters serving individuals, families, transitional aged youth, and survivors of domestic violence and their operations.
iv. The Orange County CoC and County will invest in the HMIS to support HMIS administration activities and strengthen the infrastructure of the homeless service system.
f. Percent of people who return to homelessness within six (6) months of exiting the homelessness response system to permanent housing.
i. Parties will invest in permanent housing solutions, such as rapid rehousing programs and affordable housing development that assist people transition from homelessness into permanent housing and homelessness prevention programs. ii. Parties will invest in the critical infrastructure of emergency shelters serving individuals, families, transitional aged youth, and survivors of domestic violence and their operations.
iii. The Orange County CoC and the County will invest in the HMIS to support HMIS administration activities and strengthen the infrastructure of the homeless service system.
g. Number of people with successful placements from street outreach projects. i. Parties will Invest in street outreach and engagement strategies, including regional care coordination services and partnerships with specialized outreach teams, with a focus on reducing homelessness for those exiting an institution such as hospitals, jails and prisons.
ii. The Orange County CoC and the County will invest in the HMIS to support HMIS administration activities and strengthen the infrastructure of the homeless service system.

3. The Parties’ roles and responsibilities for Key Actions as specified in Section 3.b. in Attachment I to ensure racial and gender equity in implementation of each Key Action detailed below:
a. Key Action 1: Invest in street outreach and engagement strategies, including regional care coordination services and partnerships with specialized outreach teams, with a focus on reducing homelessness for those exiting an institution such as hospitals, jails and prisons. i. Parties will prioritize culturally responsive and trauma-informed outreach and engagement strategies to better serve racial and gender groups disproportionately affected by homelessness and incarceration. Outreach teams will include staff who reflect the community’s racial, ethnic, and gender diversity and receive ongoing training on implicit bias, anti-racism, and gender sensitivity.

Data collection via HMIS and CES will be analyzed to monitor equitable access and EXHIBIT 1
City Council 18 – 8 12/2/2025
outcomes. Partnerships with culturally specific organizations will ensure services are accessible and respectful of diverse backgrounds.
ii. Parties will work to ensure housing navigation and placement efforts will implement equity-focused prioritization within CES policies to ensure overrepresented racial and ethnic groups, including Indigenous peoples, Black/African American, Latinx, and LGBTQ+ (lesbian, gay, bisexual, transgender, queer or questioning, and more) individuals, receive timely access to interim and permanent housing options. The Key Action will track placement rates and adjust outreach and referral strategies to reduce disparities. Engagement with landlords and housing developers to expand culturally affirming housing options will be prioritized.
iii. Parties will work to ensure that case management will be individualized and trauma-informed, with wraparound services such as mental health care, substance use treatment, and peer support that are sensitive to cultural and gender needs.
iv. Parties will monitor data to identify and intervene early in cases where retention disparities appear.
v. Parties will work to implement requests for proposals (RFPs) will include equity criteria and scoring that reward culturally competent service models b. Key Action 2: Invest in permanent housing solutions, such as rapid rehousing programs and affordable housing development that assist people transition from homelessness into permanent housing and homelessness prevention programs. i. Parties will implement culturally responsive and trauma-informed approaches to service delivery, ensuring staff receive ongoing training on implicit bias, cultural humility, and gender sensitivity. Outreach and engagement strategies will prioritize historically underserved and overrepresented populations. ii. Parties will work to address inequities in housing placements by establishing targeted referral pathways and prioritization criteria that focus on those disproportionately impacted by homelessness.
iii. Parties will promote equitable housing retention by providing culturally competent case management and wraparound supportive services that address specific needs related to race, gender, and trauma history. iv. Parties will work to implement equity-focused procurement policies that evaluate vendors on their capacity to deliver equitable outcomes and commitment to diversity, equity, and inclusion.
c. Key Action 3: Invest in the critical infrastructure of emergency shelters serving individuals, families, transitional aged youth, and survivors of domestic violence and their operations. racial and gender equity in housing retention.
i. Parties will prioritize culturally responsive and trauma-informed service delivery within emergency shelters by investing in staff training focused on implicit bias, cultural humility, and gender sensitivity. Shelter operations will implement tailored engagement strategies to meet the unique needs of overrepresented groups, women, and gender-diverse individuals, including survivors of domestic violence and transitional aged youth.

EXHIBIT 1
City Council 18 – 9 12/2/2025
ii. Parties will work to strengthen CES to ensure transparent, fair, and prioritized referrals that address systemic barriers faced by racial and ethnic minorities and gender-diverse populations. Data-driven decision-making will monitor placement rates by demographic groups to identify and address disparities. iii. Parties will ensure that programs integrate supportive services, including behavioral health, case management, and peer support, that are culturally competent and gender affirming.
iv. Parties will work to incorporate equity-focused procurement policies for shelter infrastructure projects, technology vendors, and service providers. d. Key Action 4: Invest in services coordination activities, including but not limited to programs that provide compensation to people with lived experience of homelessness, programs that support the CES activities, and life skills training programs. i. Parties will prioritize culturally responsive and trauma-informed service delivery by incorporating training for all staff and peer specialists on implicit bias, cultural humility, and gender sensitivity.
ii. Parties will use data-driven approaches to monitor placement outcomes, identifying disparities and informing corrective actions. iii. Parties will support ongoing, culturally competent case management and peer support that address the specific challenges faced by overrepresented populations, including trauma, discrimination, and systemic inequities. iv. Parties will work to implement equity-focused procurement policies will be adopted to increase contracting opportunities for disadvantaged business enterprises.
e. Key Action 5: Invest in the HMIS to support HMIS administration activities and strengthen the infrastructure of the homeless service system.
i. Parties will work to expand HMIS functionality to capture more detailed demographic and needs-based data, so that providers will be able to identify disparities in service access and tailor outreach to underrepresented groups disproportionately experiencing homelessness.
ii. Parties will work to Improve data quality and follow-up tracking within HMIS will make it possible to monitor housing retention rates by demographic group. iii. Parties will work to integrate equity requirements into vendor and subrecipient procurement processes for HMIS administration and related services.

4. The parties will ensure that programs and projects funded with HHAP-6 are consistent with Housing First and that all subgrantees will employ the required core components of Housing First, per HSC section 50241(f).

ARTICLE II
Term. This MOU shall become effective upon signing by all Parties and shall terminate on June 30, 2029, unless extended in whole or in part by all Parties, as provided in this MOU.

ARTICLE III
EXHIBIT 1
City Council 18 – 10 12/2/2025
Fiscal. There shall be no renumeration between the Parties related to the execution and implementation of the terms of this MOU.

ARTICLE IV
Changes to the MOU. This MOU may be amended, including amendments that incorporate future HHAP-6 requirements that may be requested by HCD, by mutual consent of the Parties, hereto. Said amendments shall become effective only when in writing and fully executed by duly authorized officers of the Parties hereto.

ARTICLE V
Authorized Signatories. The Parties to this MOU represents that the undersigned individuals executing this MOU on their respective behalf are fully authorized to do so by law or other appropriate instrument and to bind upon said Parties to the obligations set forth herein.

EXHIBIT 1
City Council 18 – 11 12/2/2025
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last date and year written below.

ORANGE COUNTY CONTINUUM OF CARE
By:______________________________
Dr. Shauntina Sorrells
Chair
Orange County Continuum of Care
Dated:___________________________
By:______________________________
Douglas Becht
County of Orange, County Executive Office
Office of Care Coordination
Dated:___________________________
Approved As To Form
CEO Counsel
County of Orange, California
By:________________________________
Deputy
Dated:______________________________

COUNTY OF ORANGE
By:______________________________
Douglas Becht
County of Orange, County Executive Office
Office of Care Coordination
Dated:___________________________
Approved As To Form
CEO Counsel
County of Orange, California
By:________________________________
Deputy
Dated:______________________________
EXHIBIT 1
City Council 18 – 12 12/2/2025

CITY OF ANAHEIM
ATTEST: CITY OF ANAHEIM
____________________________ ____________________________

THERESA BASS JAMES VANDERPOOL
City Clerk City Manager
Dated:_______________________ Dated:_______________________ APPROVE AS TO FORM: RECOMMENDED FOR APPROVAL:
____________________________ _____________________________

RYAN HODGE GRACE RUIZ-STEPTER
Deputy City Attorney Director
Dept of Housing and Community Development
Dated:_______________________ Dated:_______________________

CITY OF IRVINE
Dated: _____________________

CITY OF IRVINE,
a California municipal corporation
By: ___________________________
Sean P. Crumby, Interim City Manager
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
____________________________
Jeffrey T. Melching, City Attorney
ATTEST:
____________________________
Carl Petersen, City Clerk
EXHIBIT 1
City Council 18 – 13 12/2/2025

CITY OF SANTA ANA
ATTEST:
________________________________
Jennifer Hall
City Clerk
Dated:____________________________
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:_______________________________
Andrea Garcia-Miller
Senior Assistant City Attorney

CITY OF SANTA ANA
____________________________________
Alvaro Nuñez
City Manager
Dated:________________________________
RECOMMENDED FOR APPROVAL:
___________________________________
Michael Garcia
Executive Director
Community Development Agency
EXHIBIT 1
City Council 18 – 14 12/2/2025
Community Development Agency
www.santa-ana.org/cd
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 2, 2025
TOPIC: Workforce Training Services with the Prison to Employment (P2E) 2.0 Regional Partnership and Technical Assistance Grants program

AGENDA TITLE
First Amendment to the Agreement with the State of California Workforce Development Board for the Prison to Employment (P2E) 2.0 Grant (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a First Amendment to the Agreement with the State of California Workforce Development Board for the Prison to Employment (P2E)

2.0 Grant, extending the contract term through December 31, 2026, with no change in the total contract amount of $927,341 (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
City Council 19 – 1 12/2/2025
Prison to Employment (P2E) 2.0 Grant Extension
December 2, 2025