Santa Ana City Council
February 3, 2026

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City Council
10 –
9 2/3/2026

To Consultant:

Townsend Public Affairs
Attn;ChristopherTownsend, President
925 L Street
Sacramento CA 95814
A partymay change itsaddressby givingnoticeinwritingto theotherparty.Thereafter, any communication shallbe addressed and transmittedto the new address. If sent by mail, communication shall be effective or deemed to have been given three(3)days afterithas been deposited in the United Statesmail, duly registeredor certified,with postage prepaid, and addressedas setforthabove. Ifsentby fax,communication shall be effective or deemed to have been giventwenty-four(24)hours afterthetime setforthon thetransmissionreportissuedby the transmittingfacsimilemachine, addressedas setforthabove. For purposes of calculatingthese time frames,weekends, federal,state,County or Cityholidaysshallbe excluded.

20. MISCELLANEOUS PROVISIONS
Each undersignedrepresentsand warrantsthatitssignatureherein below has the power, authorityand rightto bind theirrespectivepartiesto each of the terms of thisAgreement, and shallindemnify City fully,includingreasonable costs and attorney’sfees,for any injuriesor damages to City in the event thatsuch authority or power isnot,in fact,held by thesignatoryor is withdrawn.

All Exhibits referenced herein and attached hereto shallbe incorporatedas iffully setforthin the body of thisAgreement.
a.
b.

IN WITNESS WHEREOF, the partiesheretohave executed thisAgreement the date and year firstabove written.

ATTEST: CITY OF SANTA ANA
Alvaro Nunez
City Manager
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM.

SONIA R. CARVALHO
City Attorney
CONSULTANT:

By:

Jonathan T. Martinez
AssistantCity Attorney
ChristopherTownsend
President

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City Council
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10 2/3/2026

EXHIBIT A

SCOPE OF SERVICES

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11 2/3/2026

CITY OF SANTA ANA

EXHIBIT A

SCOPE OF SERVICES
Consultant shallperform services as set forth below.

SCOPE OF SERVICES
Work with the CityCouncil,the City Manager, and other City staffto discuss goals,objectives,opportunities and priorities.

1. Advocate the City'spositionto members of the State Assembly, State Senate, State agencies,and other interestedparties.Identifyopportunitiesfor elected officialsand Cityofficialsto participateinthe legislative process and make recommendations. Those opportunitiesinclude, but are not limitedto, communication to legislators,providing testimony at legislativehearings,and communication with the Governor and the Governor's staff.

2. Support a positiverelationshipwith the Governor's office.State Legislature,Governor's office,and other State agencies.Assistinestablishingrelationsbetween councilmembers/Citystaffand legislativepersons,including chairs and consultants of key committees and other important policymakers.

3. Provide sufficientsupport to lobby aggressivelyon any number of legislativeprioritiesas determined by City.

Support includesproactivelysearching for potentiallegislativemechanisms relatingto those topics and affectingthe outcome of those proposals.

4. At the request of the City,research,provide information,and prepare written reports on a varietyof topics, including,but not limitedto the following:
a. State laws/regulationsor proposed legislation
b. Legislativehearings,reports,and testimony
c. Statefunding opportunities
d. Reporting and data that may impact Cityoperations

5. Provide updates on state legislationthat affectsthe City'slegislativepriorities,particularlythose included in the City'sLegislativePlatform.Identifypotentialfuture legislativeissuesor opportunitiesthat may interest the City,and help positionthe City to benefit from new laws/regulations/policies,programs, or funding opportunities.

6. Lobby for the City'spositionon legislationand regulatorymatters of interestincluding attendance at key legislativehearings and expressingthe City'spositionat these hearings.

7. When appropriate,coordinateand cooperate with other organizations,municipalities,companies and firms having similarlegislativeobjectivesas the City.Where appropriate, advocate positionson legislationand work to secure language inlaw that willadvance the City'sinterests.

8. City Council
10 –
12 2/3/2026

CITY OF SANTA ANA
Provide the City with copies of bills(introduced or amended) or proposals pertaining to issues of concern/interestto City,particularlythose affectingor relatingto City'sLegislativeProgram.

9. Track said legislationand provide the Citywith advance notice of hearings or criticalactions relatingto those billsor issues.At the request of the City,prepare briefingmaterialssuch as memos summarizing legislation.

10. At the request of the City,assistwith draftingpositionletterson legislationor language for City policy resolutions.

11. Coordinate meetings with State Legislatorsand state agency leaders to provide the Citythe opportunity to meet with key decision-makers on pertinent City issues.

12. Provide regular updates on the politicallandscape in Sacramento to help provide context, and identify opportunitiesand potentialissues.Provide monthly reportsof activitiespursued or accomplished on behalf of the City.

13. Arrange for an annual visitto the Cityof Santa Ana for a legislativecommittee meeting and/or to meet with the CityManager and/or designatedCityofficials.

14. Prepare and fileallapplicableFairPoliticalPracticesCommission lobbying documents and reportswithin all applicable deadlines, per the provisionsof the PoliticalReform Act of 1974 as amended. Provide the City notificationof any changes or modifications that may be pertinent.

15. City Council
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13 2/3/2026

EXHIBIT B

COST PROPOSAL

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14 2/3/2026

EXHIBIT B - COST PROPOSAL
ALL-INCLUSIVE RETAINER:

DESCRIPTION OF SERVICES MONTHLY FEE
$6,250*State Legislative Advocacy Services
IncludedConduct Detailed Orientation
IncludedDevelop LegislativeStrategy
Implement the LegislativeStrategy Included
Build and Strengthen Relevant Relationships Included
Leverage Relationships for StrategicAdvocacy Plan
Coordinate Advocacy Trips
Track Legislation
CraftTestimony and PositionLetters
DraftBillLanguage
State Budget Funding Opportunities
Provide Progress Reports
Prepare and FileLobbying Disclosure Reports
Included
Included
Included
Included
Included
Included
Included
Included
*The monthly fee includes allreasonable business and travelexpenses.

ANNUAL NOT-TO-EXCEED AMOUNT: $75,000
© ProposalforSlateLegislativeAdvocacyServices|City of Santa Ana X

City Council
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15 2/3/2026

EXHIBIT C

INSURANCE REQUIREMENTS

City Council
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16 2/3/2026

Insurance Requirements - Exhibit C
Priortoundertakingperformanceof work underthisAgreement, Consultantshallmaintainand shallrequireany subcontractorsto obtainand maintaininsurance as described below for the entire Term of thisAgreement againstclaimsforinjuriesto personsor damage topropertywhich may arisefrom or in connection with services,products and materialssuppliedto City.Totalcostof such insuranceshallbe borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01coveringCGL on an “occurrence”basis,includingproductsand completed operations, propertydamage, bodilyinjuryand personal& advertisinginjurywith limitsno lessthan $1,000,000per occurrenceand $2,000,000aggregate.Required policylimitscan be met with primaryand umbrella/excessinsurancepolicies.

2. Automobile Liability(AL); InsuranceServicesOfficeForm CA 00 01 coveringCode 1 (any auto),with limitsno less than $1,000,000 combined single limits.In the event Consultant does not maintain commercial automobile liabilityinsurance.Citywillaccept evidence of personalautomobile insurance,provided that such policy is endorsed for businessuse and providescoverage with a minimum limitof $1,000,000.Required policy limitscan be met with primary and umbrella/excessinsurancepolicies.

3. Workers’ Compensation (WC): as requiredby the Stateof California,with Statutory Limits, and Employer’s LiabilityInsurance with limitof no less than $1,000,000 per accident,policyor employee, for bodily injuryor disease.Coverage is not requiredif Consultanthas no employees and signsrequestto waive such insurance.

4. ProfessionalLiability(PL): with limitsno lessthan $1,000,000per occurrenceor claim, and $ 1,000,000 aggregate.

IfConsultantmaintains broader coverage and/orhigher limitsthan the minimum requirementsfor each lineof coverage shown above.City requiresand shallbe entitledto the broadercoverage and/orthehigherlimitsmaintained by Consultant.Any availableinsuranceproceeds in excess of the specifiedminimum limitsof insuranceand coverage shallbe availableto City.

Other Insurance Provisions
The above requiredinsurance policiesare to contain or be endorsed to containthe following provisions:

1. City,itsCity Council,itsofficers,officials,employees, agents,and volunteersare to be covered as additional insureds, under Consultant’s CGL and AL policies,with respectto any liabilityarisingoutof work or operationsperformedby or on behalfof theConsultant includingmaterials,parts,equipment, and personnel furnished in connection with such work or operations.

2. Consultant’sInsurance company(ies) agrees to waive allrightsof subrogationagainstCity, itsCity Council,itsofficers,officials,employees, agents,and volunteersforlossespaid

City Council
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17 2/3/2026

Insurance Requirements - ExhibitC
under the terms of Consultant’sCGL, AL, and WC policieswhich arise from work performedby ConsultantunderthisAgreement.

For any claimsrelatedto thiscontract,Consultant’sinsurance coverage shallbe primary and any insurancemaintainedby City,itsCityCouncil,itsofficers,officials,employees, agents,or volunteersshallnot contributewith it.

A severabilityof interestprovisionmust applyforallthe additionalinsureds,ensuringthat Consultant’sinsuranceshallapply separatelytoeach insuredagainstwhom a claim ismade or suitisbrought,exceptwith respecttotheinsurer’slimitsof liability.

Insurancepoliciesrequiredhereinshallprovidethatcoverage shallnot be canceled, suspended,voided,reduced in coverage or in limits,non-renewed by the carrier,or materiallychangedexeeptafterthirty(30)dayspriorwrittennoticehas been giventoCity.

Ten (10)days priorwrittennoticeshallbe providedto City forpolicycancellationor non renewal due tonon-payment of premium.

Certificate Holder on each Evidence of Insurance certificateshallbe: City of Santa Ana, Attention:City Manager’s Offiee,20 Civic Center Plaza,M-31, Santa Ana, CA 92701.

The name and locationofprojectmust be includedintheDeseriptionof Operationssection of each certificate.

3. 4.

5. 6.

Self-Insured Retentions
Self-insuredretentionsmust be declaredto and approved by the City.The City may requirethe Consultantto purchase coverage with a lower retentionor provideproof of abilityto pay losses and relatedinvestigations,claimadministration,and defenseexpenseswithintheretention.

Acceptabilityof Insurers
Insuranceisto be placed with insurersauthorizedto conduct business in the State of California with a currentA.M. Best ratingof no lessthan A:VII, unless otherwise aeceptableto City.

Verification of Coverage
Consultant shall furnish City with originalCertificatesof Insurance including all required amendatoryendorsements(orcopiesoftheapplicablepolicylanguageeffectingcoveragerequired by thisclause)and a copy of theDeclarationsand Endorsement Page of the CGL policylistingall policyendorsementsbeforework begins.However, failureto obtaintherequireddocuments prior to thework beginningshallnot waive Consultant’sobligationto provide them.

City reservesthe rightto requirecomplete,certifiedcopies of allrequiredinsurancepolicies, includingendorsements requiredby thesespecifications,at any time.

Special Risks or Circumstances
City reservesthe rightto modify theserequirements,includinglimits,based on thenatureof the risk,priorexperience,insurer,coverage,or otherspecialcircumstances.

City Council
10 –
18 2/3/2026

Library
www.santa-ana.org/library
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 3, 2026
TOPIC: Agreement for Digital Content Services

AGENDA TITLE
Agreement with Midwest Tape for Hoopla Digital Book, Video, and Music Content (Cannabis Public Benefit Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an Agreement with Midwest Tape, LLC to provide Hoopla Digital Content in an amount not to exceed $75,000 for a term expiring February 9, 2028 (Agreement No. A-2026-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On February 10, 2022, the City entered into an agreement with Midwest Tape to offer Hoopla Digital Media Platform as a pilot service. Due to strong patron demand, the City subsequently entered into a new agreement in February 2024 to continue the service and provide additional funding through February 10, 2026. Given the continued high usage of Hoopla Digital Media Platform, the Library seeks to enter into a new agreement with Midwest Tape to increase funding to $50,000 in year one and $25,000 in year two.

Although the agreement is two years in term, all required payments will be completed by February 2027. Hoopla's "pay-in-advance" (pay-per-use) model means the Library purchases digital "credits" upfront and only expends these credits when patrons check out an audiobook, movie, or eBook, giving the Library control over costs while offering instant, wait-free access to digital content, much like a digital token system.

In recent years, electronic content such as e-books, e-audiobooks, and video streaming has become increasingly popular and is now an essential component of the Library’s e- services, particularly during the renovations of both the Newhope and Main libraries.

Library patrons can access Hoopla Digital Media Platform through multiple methods such as via the Santa Ana Public Library’s website, Hoopla app, and various

City Council
11 –
1 2/3/2026

Agreement for Digital Content Services
February 3, 2026

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smartphones, tablets, and streaming devices. With a valid Santa Ana Public Library card, patrons may browse the Hoopla digital collection and check out materials. Users can easily download books, videos, and audiobooks to their computers or mobile devices, and titles automatically expire at the end of the lending period. These downloadable materials provide library patrons of all ages with a convenient way to access information from home or anywhere with an internet connection.

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

FISCAL IMPACT
The current fiscal year funding is available in the FY 25-26 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration as follows:

Fiscal Year Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 25-26 01211020 –
62300
Cannabis Public
Benefit Fund
Library Youth Services,
Contract Services-
Professional
$50,000
FY 26-27 01211020 –
62300
Cannabis Public
Benefit Fund
Library Youth Services,
Contract Services-
Professional
$25,000
Advance payments are required at the start of each contract year and will be applied to transactions generated by Library patron use of the platform. All required payments will be completed by February 2027.

EXHIBIT(S)

1. Agreement
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, City Manager

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Planning and Building Agency
www.santa-ana.org/pb
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 3, 2026
TOPIC: Approval of Payment In-Lieu of Taxes Agreement – Cristo Rey School

AGENDA TITLE
Agreement for Payment In-Lieu of Taxes for Properties located at 3601, 3611, 3621, and 3631 S. Harbor Boulevard (APN: 414-261-07)

RECOMMENDED ACTION
Authorize the City Manager, or designee, to execute the attached Payment In-Lieu of Taxes Agreement with SOCO Harbor, Inc. (Agreement No. 2026-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Summary
In October 2024, Cristo Rey Orange County High School approached the City of Santa Ana seeking approval of Conditional Use Permit (CUP) No. 2025-22 to establish a professional school use at an existing campus consisting of four office buildings located at 3601, 3611, 3621, and 3631 South Harbor Boulevard. The CUP application proposes that Cristo Rey will occupy space inside two of those buildings at 3601 S. Harbor Boulevard, Unit 200, and 3611 S. Harbor Boulevard.

To address potential economic impacts associated with the property’s tax-exempt status, Cristo Rey submitted a CUP application and, separately, a voluntary Payment In Lieu of Taxes (PILOT) agreement with a goal of minimizing fiscal and economic impacts to the City. While the Planning Commission has authority to act on the CUP, City Council approval is required separately for the PILOT agreement.

Background
The subject property consists of four office buildings located at 3601, 3611, 3621, and 3631 S. Harbor Boulevard, and is within a professional office park zoned Professional (P). SOCO Harbor, Inc., the Property Owner, intends to lease approximately 42% of the

City Council
12 –
1 2/3/2026

Approval of Payment In-Lieu of Taxes Agreement – Cristo Rey Orange County High School (3601, 3611, 3621, and 3631 S. Harbor Blvd.)
February 3, 2026

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property’s rentable area to Cristo Rey County High School, Inc., a California nonprofit, to operate a professional school.

On November 10, 2025, the Planning Commission approved Cristo Rey’s CUP application to facilitate construction of a professional school use in two existing buildings at 3601 S. Harbor Boulevard, Unit 200, and 3611 S. Harbor Boulevard. Additional details on the project background, description, and analysis are available in Exhibit 2 of this staff report.

Analysis
The entire, integrated project site consists of 10 buildings on five separate parcels. Cristo Rey will occupy 3601 S. Harbor Boulevard, Unit 200, and 3611 S. Harbor Boulevard, which are situated on a single parcel (Assessor’s Parcel Number 414-261-07).

Cristo Rey qualifies for a tax exemption as a nonprofit educational institution. The Property Owner has voluntarily proposed a Payment In-Lieu of Taxes Agreement with the City of Santa Ana to offset the anticipated reduction in property tax revenue attributable to the school’s occupancy, stemming from the occupancy of the entire building located at 3611 S. Harbor Boulevard (45,148 square feet) and the second floor of 3601 S. Harbor Boulevard (18,033 square feet), which amount to approximately 41.62% of the parcel’s total rentable square footage. This agreement reflects the property owner’s commitment to bridge the loss of property tax revenue to the City from that exempted portion (41.62%).

The funds will support City services and community benefits, consistent with the General Plan’s objective of fostering partnerships with educational institutions and promoting sustainable community development.

The PILOT agreement outlines the payment terms, schedule, and annual amounts, with payments beginning on the first day of the month following issuance of the certificate of occupancy to the school. While initially proposed for a term of five (5) years, staff discussions with Cristo Rey resulted in a mutually agreed-upon term of twenty (20) years.

Payments will continue annually on each anniversary for up to twenty (20) years, contingent on the school’s continued operation at the site. The PILOT minimizes the fiscal and economic impacts to the City from the property’s tax-exempt status. Over the life of the PILOT, the applicant is expected to make payments totaling approximately $412,000.

City Council approval is necessary for this agreement, as there is no enabling ordinance authorizing staff to execute such agreements. The City Attorney has reviewed the agreement and found it to be satisfactory, subject to non-substantive changes approved by the City Manager and City Attorney. Approval of this item will allow the City Council to secure up to 20 years of property tax-equivalent payments through the agreement.

ENVIRONMENTAL IMPACT

City Council
12 –
2 2/3/2026

Approval of Payment In-Lieu of Taxes Agreement – Cristo Rey Orange County High School (3601, 3611, 3621, and 3631 S. Harbor Blvd.)
February 3, 2026

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In accordance with the California Environmental Quality Act, the proposed project is exempt from further review under Section 15332 (Class 32 – In-Fill), as it meets all threshold criteria for infill exemption, and Section 15301 (Class 1 – Existing Facilities) for alterations. The Project would not cause significant impacts related to traffic, noise, air quality, water quality, or biological resources and is not located on a hazardous site, a scenic highway, or subject to unusual circumstances or cumulative impacts. A Notice of Exemption, Environmental Review No. 2025-37, was filed on November 13, 2025, for this project.

FISCAL IMPACT
Under the PILOT agreement, the property owner will make annual payments to the City of an estimated $16,938 in 2026, with a two percent (2%) annual increase over the 20- year term. The payments will be recorded as Miscellaneous Revenue – Property Tax (01102002-50011) and remain fixed regardless. Although the school is exempt from property taxes, the PILOT agreement ensures that the City does not lose revenue as a result of its tax-exempt status. These payments offset property tax revenue to the City that would otherwise be lost, therefore enabling the City to support its services.

EXHIBITS

1. Payment In-Lieu of Taxes (PILOT) Agreement

2. Planning Commission Staff Report
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager

City Council
12 –
3 2/3/2026

AGREEMENT FOR PAYMENT IN-LIEU OF TAXES
1 109231\18768373v1

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attention: City Clerk
Record for the Benefit of
The City of Santa Ana
Pursuant to Government Code
Section 27383

Space Reserved for Recorder's Use Only

AGREEMENT FOR PAYMENT IN-LIEU OF TAXES
This AGREEMENT FOR PAYMENT IN -LIEU OF TAXES ( “Agreement”) dated as of February ___, 2026, is made and entered into by and among SOCO Harbor, Inc., a California nonprofit religious corporation (“Owner”), and the City of Santa Ana, a California municipal corporation ( “City”). City and Owner are collectively referred to herein as the “Parties” and individually as a “Party.”

RECITALS
A. Owner owns the real property located at 3601, 3611, 3621 and 3631 S. Harbor Boulevard in the City of Santa Ana, California, identified as Orange County Assessor’s Parcel No. 414-261-07 and more particularly described in Attachment A (the “Property”), having approximately 151,791 rentable square feet (sf).

B. The Property is comprised of four (4) office buildings zoned ‘P’ (Professional) in the Santa Ana Municipal Code (“SAMC”)
C. Prior to Owner’s acquisition of the Property, and as of the date of this Agreement, the Property is being used for commercial office purposes.

D. Owner intends to lease a portion of the Property to Cristo Rey Orange County High School, Inc., a California nonprofit religious corporation (the “School”).

E. Approval for the School’s use of the Property will require the issuance of a Conditional Use Permit (“CUP”) by City (“Project Approval”).

F. Project Approval would allow the School to occupy the entire building located at 3611 S. Harbor Boulevard (45,148 sf) and the second floor of 3601 S. Harbor Boulevard (18,033 sf), collectively referred to as the “School’s Share ” of the Property , and equivalent to

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AGREEMENT FOR PAYMENT IN-LIEU OF TAXES
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approximately 41.62% of the Property’s rentable square footage . The portion of the Property not leased to the School shall be referred to as the “Taxable Share.” G. The Parties acknowledge that Owner is a qualifying religious organization and the School is an exempt purpose for which no property taxes would be assessed, with the total amount of property taxes payable on the Property reduceable in an amount equivalent to the School’s Share (%) of the Property (“Property Tax Exemption”).

H. The Parties have agreed to enter into this Agreement in order to provide partial compensation (“Payment(s) In Lieu”) to the City for the potential loss of property taxes associated with the School’s Share of the Property.

I. The Parties further agree to execute and record this Agreement in order to bind Owner and its successors and assigns to the Property Tax Exemp tion and Payment in Lieu obligations, as more particularly set forth in this Agreement.

J. The enforcement of the obligations in this Agreement will ensure that the City will not suffer any loss of its share of property tax revenues as a result of the School’s use of the Property.

K. In determining the amount of the Payment (s) in Lieu, the Parties affirm and acknowledge the following statements of fact as they relate to secured taxes assessed on the Property:

1. For tax year 2024, the assessed value of the Property was $24,000,000.00, comprised of a $14,000,000.00 land value and a $10,000,000.00 improvement value;

2. For tax year 2024, the tax assessment rate for the Property was 1.11285 percent, translating to a base property tax assessment of $267,083.99 (“Base Taxes”);

3. For tax year 2024, the Property was also subject to the payment of special assessments of $23,650.04, which special assessments were not tied to the assessed value of the Property;

4. In total, the secured property taxes payable for the Property for tax y ear 2024 were $290,734.03;

5. The City is the direct beneficiary of approximately sixteen and nine -tenths percent (16.9%) (“ City Share ”) of the Base Taxes for the Property (approximately $45,137 for tax year 2024);

6. On February 13, 2025 the Property was acquired by Owner for $20,800,00.00, a reduction from the tax year 2024 assessed value of $24,000,000.00, imputing Base Taxes of approximately $231,455 (i.e. a

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AGREEMENT FOR PAYMENT IN-LIEU OF TAXES
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reduction of 13.33%), rounded to the nearest dollar (“ New Base Taxes ”); and

7. Taxes assessed on th e Property are subject to California Proposition 13 (codified at California Constitution, article XIII A), which provides that property taxes may not increase by more than two percent (2%) per year (“Annual Tax Increase”), and for purposes of this Agreement shall be assumed to increase at the rate of exactly 2% per year.

L. The Parties acknowledge and agree that capital improvements associated with the School’s Share of the Property which could result in a re -assessment of the Property are not intended to increase the Payment(s) in Lieu or be attributed to the Taxable Share of the Property.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual benefits accruing to t he Parties, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner on behalf of itself and its heirs, executors, successors, and assigns and City hereby covenant and agree as follows:

1. The “Effective Date ” of this Agreement shall mean the latest of the following dates, as applicable: (i) expiration of any appeal period without challenge following Project Approval by the City’s Planning Commission ; (ii) expiration of any appeal period without challenge following Approval of this Agreement by City Council ; or (iii) successful defense of any appeal of City Council’s Project Approval and entry of a final, non- appealable judgment in support of Project Approval. Unless and until final, non-appealable Project Approval is obtained, this Agreement shall be of no force or effect.

2. Following the Effective Date, Owner shall initiate Payments in Lieu to the City subject to the terms in this Agreement.

3. The Payments in Lieu contemplated by this Agreement shall commence on the first day of the first month following the City’s issuance of a Certificate of Occupancy to the School (“Payment Commencement Date ”), and renew annually on the anniversary of The Pay ment Commencement Date for a total of up to twenty (20) individual payments (“Twenty Year Period”), provided the School remains in operation at the Property.

4. If at any point the School discontinues operations at the Property, Owner’s obligation for any Payments In Lieu shall immediately cease, and no additional Payments In Lieu shall be due or payable unless and until the School resumes operations at the Property.

5. The Amount of the Payment in Lieu is intended to reflect the estimated impact of the Property Tax Exemption on the City’s share of Base Taxes, and is calculated as follows:
(i) For 2025, the base amount was $16,606, calculated as the Property Tax Exemption (41.62%) of the City Share (16.9%) of the New Base Taxes

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AGREEMENT FOR PAYMENT IN-LIEU OF TAXES
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($231,455), adjusted by the Annual Tax Increase (2%), rounded to the nearest dollar.
(ii) For 2026, the amount will be $16,938, reflecting a two percent (2%) increase from the 2025 calculation, above, rounded to the nearest dollar; (iii) For 2027 and any subsequent year, a two percent (2%) increase from the calculated payment for the prior year, rounded to the nearest dollar.

6. The amounts set forth in Paragraph 5 assume the School’s Share represents 41.62% of the rentable square footage of the Property. Owner may notify City if the School’s Share represents less than 41.62% of the rentable square footage of the Property, and in that event the amounts set forth in Paragraph 5, above, shall be adjusted accordingly based on a new Property Tax Exemption (i.e., less than 41.62%).

7. Any capital improvements made by Owner for the School's Share of the Property, which may or may not trigger a re -assessment of the Property, shall not serve to increase the Payment(s) in Lieu, as calculated in Paragraph 5, above, or Paragraph 8, below, which shall only adjust on the basis of an Annual Tax Increase.

8. By way of illustration only, if a Certificate of Occupancy is issued on August 15, 2025, the School’s Share represents 41.62% of the Property’s rentable square footage , and the School continues operating at the Property during the remainder of the Twenty Year Period, Owner shall pay to City the following Payment(s) in Lieu:
(i) On September 1, 2026, $16,938 shall be due and payable by Owner. (ii) On September 1, 2027, $17,277 shall be due and payable by Owner. (iii) On September 1, 2028, $17,623 shall be due and payable by Owner. (iv) On September 1, 2029, $17,975 shall be due and payable by Owner. (v) On September 1, 2030, $18,335 shall be due and payable by Owner. (vi) On September 1, 2031, $18,702 shall be due and payable by Owner. (vii) On September 1, 2032, $19,076 shall be due and payable by Owner. (viii) On September 1, 2033, $19,458 shall be due and payable by Owner. (ix) On September 1, 2034, $19,847 shall be due and payable by Owner. (x) On September 1, 2035, $20,244 shall be due and payable by Owner. (xi) On September 1, 2036, $20,649 shall be due and payable by Owner.

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AGREEMENT FOR PAYMENT IN-LIEU OF TAXES
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(xii) On September 1, 2037, $21,062 shall be due and payable by Owner. (xiii) On September 1, 2038, $21,483 shall be due and payable by Owner. (xiv) On September 1, 2039, $21,913 shall be due and payable by Owner. (xv) On September 1, 2040, $22,351 shall be due and payable by Owner. (xvi) On September 1, 2041, $22,798 shall be due and payable by Owner. (xvii) On September 1, 2042, $23,254 shall be due and payable by Owner. (xviii) On September 1, 2043, $23,719 shall be due and payable by Owner. (xix) On September 1, 2044, $24,193 shall be due and payable by Owner. (xx) On September 1, 2045, $24,677 shall be due and payable by Owner.

9. Any Payment(s) In Lieu not paid when due shall accrue interest at the rate of ten percent (10%) per annum.

10. Owner may, at their sole discretion, and at any point during the Twenty Year Period, pre-pay any remaining Payment(s) in Lieu, discounted at the compounded rate of ten percent (10%) per annum. The number of remaining Payment(s) in Lieu shall equal the number of remaining years in the Twenty Year Period for which no Payment(s) in Lieu have been paid, regardless of whether the School subsequently vacates the property. By way of illustration only, if the Payment Commencement Date is September 1, 2025 and Payment(s) in Lieu are timely paid on September 1, 2025 and September 1, 2026, Owner may elect to pre-pay the remaining eighteen (18) Payment(s) in Lieu at any point prior to September 1, 2027. To calculate the amount due under this provision, owner and City shall first calculate the individual Payment(s) in Lieu for the remainder of the Twenty Year Period, then discount those Payment(s) in Lieu individually at the compounded rate of ten percen t (10%) per annum, such that the next payment due would be discounted by ten percent (10%), the subsequent payment due would be discounted at twenty-one percent (21%), and so forth.

11. The covenants contained in this Agreement shall remain in effect until twenty (20) Payments in Lieu have been paid (including any lump -sum pre -payment under Paragraph 10, above) or the School discontinues operations at the Property, whichever occurs first.

12. Any successor of Owner to the Property shall be bound by the covenants set forth in this Agreement, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.

13. Failure by Owner or its successors or assigns to perform its or their obligations set forth in this Agreement shall constitute a default under this Agreement and City may institute legal

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AGREEMENT FOR PAYMENT IN-LIEU OF TAXES
6 109231\18768373v1
action to cure, correct or remedy such default . The City’s remedies for Owner’s default shall be limited to specific performance of this Agreement.

14. City and Owner are deemed the b eneficiaries of the terms and provisions of this Agreement and of the covenants running with the land, for and in their own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided, without regard to whether City or Owner has been, remains or is an owner of any land or interest therein in the Property.

15. Any notice to be given or other document to be delivered by either party to the other shall be in writing and shall be deemed to have been duly given and received (i) upon personal delivery, (ii) as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below, or (iii) the immediately succeeding business day after deposit with Federal Express or other equivalent overnight courier, addressed to the party for whom intended, set forth in this Section 6. Any party to this Agreement may from time to time, by written notice to the other, designate a different address which shall be substituted for the one specified below.

If to the City: City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attention: City Clerk
Telephone: (714) 647-6520
with a copy to: City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attention: City Attorney
Telephone: (714) 647-5201

If to Owner: SOCO Harbor, Inc.
3621 S. Harbor Boulevard, Ste 130
Attn. Michael Del Santo
Santa Ana, CA, 92704

with a copy to: Cox, Castle & Nicholson LLP
3121 Michelson Drive, Ste. 200
Irvine, CA 92612
Attention: Sean Matsler, Esq.

Telephone: (949) 260-4652

16. This Agreement, including the Recitals and all Attachments (which are hereby incorporated by reference), contains the entire agreement between The Parties with respect to the subject matter in this Agreement and supersedes whatever oral or written understanding they may

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have had prior to the execution of this Agreement. No waiver, alteration, modification, or termination of this Agreement shall be binding unless made in writing and signed by the authorized The Parties.

17. No waiver by City or Owner of any bre ach or default of any provision of this Agreement shall be deemed a waiver of any other provision in this Agreement or of any subsequent breach or default by Owner of the same or any other provision. whether or not similar, nor shall any waiver constitute a continuing waiver.

18. This Agreement shall be deemed to be jointly prepared by The Parties , and any ambiguities or uncertainties herein shall not be construed for or against either party . The words "including," "included," "include" and words of similar import shall not be interpreted as words of exclusion but shall instead be interpreted as though followed by the words "but not limited to" or "without limitation."

19. The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision in this Agreement, except as it relates to Paragraph 1 which, if found invalid, shall render the entire Agreement null and void.

20. The Parties represent and warrant that each has the full right, power and authority to carry out its obligations under this Agreement. The individuals executing this Agreement on behalf of each party represent and warrant that they have full power and authority to execute and deliver this Agreement on behalf of such party.

21. Upon the Effective Date, all provisions of this Agreement, including the benefits and burdens, are equitable servitudes, run with the Property and are bi nding upon the heirs, executors, successors, assigns and personal representatives of Owner and inure to the benefit of City and Owner and its and their successors and assigns unless and until twenty (20) Payments in Lieu have been paid, at which time the Agreement shall be of no force or effect.

22. One year prior to the end of the 20- year term of this Agreement, notices shall be sent by Owner to all entities listed in Section 15. Said notices shall notify all parties to this Agreement of the Agreement’s end date and shall contain any updated contact information for the parties.

23. Each and every contract, deed or other instrument covering, conveying or otherwise transferring the Property or any portion thereof or interest therein shall conclusively be held to have been executed, delivered and accepted subject to this Agreement, unless and until twenty (20) Payments in Lieu have been paid, at which time the Agreement shall be of no force or effect.

24. This Agreement shall not be deemed to create any third-party beneficiary rights for any person or entity. This Agreement is made and entered into in the State of California and is to be construed under the laws and the constitution of the State of California, without regard to its conflicts of laws principles. Venue shall be in Orange County.

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//
//
//

25. In the event any action is brought by any party against the other party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition, the prevailing party shall be entitled to recover, and the other party agrees to pay, all fees and costs to be fixed by the court therein including, but not limited to, attorneys' fees and costs.

26. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, The Parties have executed this Agreement as of the Effective Date.

CITY OF SANTA ANA

ALVARO NUÑEZ
City Manager
ATTEST:

JENNIFER L. HALL
City Clerk

APPROVED AS TO FORM:

SONIA CARVALHO
City Attorney

By:

Melissa M. Crosthwaite
Senior Assistant City Attorney
OWNER:

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109231\18768373v1

ATTACHMENT B

NOTARY ACKNOWLEDGMENTS
[To Be Inserted]

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Public Works Agency
www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 3, 2026
TOPIC: Public Works Asset Management Software Agreement with Trimble Inc.

AGENDA TITLE
Agreement with Trimble Inc. for Public Works Asset Management Software (Specification No. 26-001) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Trimble Inc. to provide public works asset management software, in an amount not to exceed $87,777, for a term beginning January 31, 2026 and expiring January 30, 2027 (Agreement No. A-2026- XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The City utilizes an asset management software to assist with the tracking of infrastructure assets and managing their maintenance schedules and lifecycles. The software digitally centralizes the City’s infrastructure asset information and facilitates staff with tracking, managing, and planning for the full lifecycle of physical assets such as street lights, water valves, facilities and equipment by combining inventory data, maintenance history, inspections, and work management in one place. The information maintained by the system is used to support a data-driven decision-making process, improves service reliability, reduces emergency repairs, and helps support budgets and capital planning with clear, defensible information. The software also integrates Geographical Information Systems (GIS) information, allowing the City to track and spatially view the physical inventory on a map, allowing public works staff to see where assets are located, understand their condition, prioritize maintenance, and efficiently coordinate field and office operations. These capabilities enhance transparency, accountability, and service delivery to the public.

On January 16, 2018, City Council approved an agreement with Trimble Inc. (then known as Azteca Systems, LLC) to provide software to track the City’s various public works assets, including water, traffic control devices, street lights, sewer infrastructure, drainage systems, and facilities. The Cityworks platform offers digital solutions for tracking, maintaining the condition and maintenance of these key systems, and is integrated with

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GIS to collect spatial data. The City has been informed that the current system will be supported by Trimble Inc. until July 2027. After this date, Trimble will transition exclusively to a new cloud-based subscription model, which the company will be offering to existing and new customers.

The existing agreement with Trimble expired on January 21, 2025. Santa Ana Municipal Code, Section 2-807(a,e), authorizes the City to make non-bid purchases of services, materials, supplies, labor, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available options and alternative product offerings in the market and determined that the current asset management software provided by Trimble Inc. is the best available solution that meets the City’s current needs.

This software will also enable the City to evaluate and determine the best available options in preparation for a potential transition, should it be determined that Trimble is not the long-term solution, and to ensure a seamless transition period while those options are assessed. Staff recommends Council authorization of a one-year agreement of software licensing for to a total of $87,777 for the agreement period.

This proposed agreement will allow the city to continue the current software service through its sunset period and prepare for a transition to a new software system. Public Works and IT staff will be evaluating all available software platforms during this recommended agreement period and will present software contract recommedations to Council in the future after thouroughly vetting options in accordance with the City’s procurement policies.

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

FISCAL IMPACT
Funds are budgeted and made available in the following accounts for the specified year:

Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Account Description Amount
2025-26 10117601-66511 Public Works-
Admin &
Planning
Public Works-Admin
Services, Computer
Software Subscriptions
$87,777
TOTAL $87,777

EXHIBIT(S)

1. Agreement with Trimble Inc.

Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

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Quote Number Q-42904-1
Created Date 11/4/2025
Contact Information
Contact Name: Jonathan Dhauw Prepared By
Name:

Kristi Ross
Customer: Santa Ana (CA) - City of -
Public Works
Prepared By
Phone:
(916) 294-2234
Contact
Address:
20 Civic Center Plaza
Santa Ana, CA
92701
Prepared By
Email:
[email protected]
Quote Lines
Product Name Quantity Net Unit Price
AMS ELA Custom 1.00 USD 87,777.10
Respond - AMS 1.00 USD 0.00
Mobile Native Apps (iOS/Android) - AMS 1.00 USD 0.00
Contracts 1.00 USD 0.00
Cityworks for Excel 1.00 USD 0.00
Cityworks Analytics - AMS 1.00 USD 0.00
eURL - AMS 1.00 USD 0.00
Workload - AMS 1.00 USD 0.00
Web Hooks - AMS 1.00 USD 0.00
Performance Budgeting 1.00 USD 0.00
Service Request API 1.00 USD 0.00
Work Order API - Basic 1.00 USD 0.00
TOTAL: USD 87,777.10
Notes
Year 1 Dollar Value USD 87,777.10 Year 1 Date Range 1/31/2026 - 1/30/2027 Maintenance Start Date: 1/31/2026 Maintenance End Date: 1/30/2027 Quote Notes:

Price has increased to reflect adjustment from the previous year. This change will take effect on your next annual renewal.

EXHIBIT 1

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DISCLAIMER. PLEASE BE ADVISED THAT THE PRODUCTS ASSOCIATED WITH THIS QUOTE MAY NO LONGER BE SUBJECT TO ENHANCEMENTS OR MAINTENANCE. WE URGE YOU TO

CONSULT THE COMMUNICATION SENT OUT CONCERNING UPDATES TO CITYWORKS SOFTWARE SUPPORT & YOUR PATH FORWARD AND SUNSETTING. THE PRICE INDICATED HEREIN SHALL

CONSTITUTE THE RENEWAL RATE OFFERED UNDER YOUR CURRENT AGREEMENT AS AMENDED BY THIS COMMUNICATION. A COPY OF THE COMMUNICATION CAN BE PROVIDED TO YOU UPON REQUEST. YOU ARE URGED TO REVIEW THIS QUOTE THOROUGHLY AND ASSESS ANY NECESSARY ADJUSTMENTS TO YOUR SUBSCRIPTION. SHOULD THERE BE ANY INQUIRIES OR A NEED FOR FURTHER ASSISTANCE, PLEASE CONTACT US PROMPTLY. WE APPRECIATE YOUR UNDERSTANDING AND CONTINUED PARTNERSHIP.

Terms and Conditions

Payment Terms
Payment due within 30 days

IF YOUR ORGANIZATION REQUIRES A PURCHASE ORDER, PLEASE CONTACT YOUR FINANCE DEPARTMENT TO BEGIN THE APPROVAL PROCESS TO AVOID PAYMENT DELAYS.

All quotations are valid for ninety-days (90) from the date above, unless otherwise stated in this quotation form. All prices quoted are in USD, unless specifically provided otherwise, above. These prices and terms are valid only for items purchased for use and delivery for the Customers listed above.

Unless otherwise referenced, this quotation is for the Cityworks software products referenced above only. Pricing for implementation services (installation, configuration, training, etc.), or other software applications is provided separately and upon request.

The procurement, installation and administration of the Esri software or any other third-party software utilized in conjunction with Cityworks will be the responsibility of the Customer.

For “on-prem” installations, the procurement, installation and administration of the RDBMS utilized in conjunction with Cityworks will be the responsibility of the Customer. Currently, Cityworks supports Oracle and SQL Server. The procurement, installation and administration of the infrastructure
(hardware and networking) utilized in conjunction with Cityworks will be the responsibility of the Customer.

This quotation and the pricing information herein is confidential and proprietary and may not be copied or released other than for the express purpose of the current system Software and Product selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Azteca Systems, LLC or unless otherwise specifically permitted by law. If a “public access” or similar request is made, Customer, shall notify Azteca Systems, prior to any disclosure.

Software Licensing
All Azteca Systems software offered in this quotation are commercial off-the-shelf (COTS) software developed at private expense, and is subject to the terms and conditions of the signed “Cityworks Software License and Maintenance Agreement” ("Agreement") and any and all addendums or amendments thereto. A fully executed copy of the Agreement and any addendum(s) is required before delivery and installation and usage of the software is subject to the terms of the current license agreement.

The terms and conditions of the executed Cityworks Software License Agreement apply to this Quote unless otherwise specifically stated herein. Any additional or conflicting terms set forth in any purchase orders, invoices, or other standard form documents exchanged during the ordering process, other than product descriptions, quantities, pricing, and dates are void and of no effect.

Delivery method is by way of download through Azteca Systems, LLC. customer support web portal.

Taxes
Prices quoted do not include any applicable state, sales, local, or use taxes unless so stated. In preparing your budget and/or Purchase Order, please allow for any applicable taxes, including, sales, state, local or use taxes as necessary. Azteca Systems reserves the right to collect any applicable sales, use or other taxes tax assessed by or as required by law. Azteca Systems reserves the right to add any applicable tax to the invoice, unless proof with the order is shown that your organization or entity is tax exempt or if it pays any applicable tax directly.

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International Customers
These items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.

Your signature indicates your acceptance of this Quote, and that you have read and accepted the Terms and Conditions set forth above.

Accepted by: Alvaro Nuñez
Title: City Manager
______/_____/_____
Date

RECOMMENDED FOR APPROVAL:
__________________________________
Rodolfo Rosas, P.E.

Acting Executive Director
Public Works Agency
APROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:________________________
Kyle Nellesen
Assistant City Attorney
ATTEST:
______________________
Jennifer L. Hall
City Clerk
Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, [email protected], c=US
Date: 2026.01.26 07:35:49 -08'00'

City Council
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5 2/3/2026

Police Department
www.santa-ana.org/pd
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 3, 2026
TOPIC: American Red Cross Facility Use Agreement for Evacuation Shelters

AGENDA TITLE
American Red Cross Facility Use Agreement for Evacuation Shelters at Specified City Facilities [Santa Ana Senior Center, Roosevelt/Walker Community Center, Garfield Community Center, Salgado Recreation Center, El Salvador Community Center, Jerome Center, Southwest Senior Center]

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with the American National Red Cross, commencing upon signing through December 31, 2035, to allow the Red Cross, upon request and if feasible, to use and occupy specified City facilities to operate evacuation shelters during natural disasters or other large-scale emergencies (Agreement No. A-2026-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION

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American Red Cross Facility Use Agreement for Evacuation Shelters February 3, 2026

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In case of disasters or other large-scale emergencies (such as fires, floods, or earthquakes), the homes of residents may be damaged or destroyed or residents may be required to evacuate from their homes for a sustained period of time. Displaced residents may require sheltering services such as dormitory or overnight sleeping arrangements, serving of meals, restroom and bathing facilities, physical or behavioral health services, or transition to longer-term housing until homes can be repaired or re- occupied.

The American National Red Cross (“Red Cross”) is a national, charitable, volunteer organization that has been providing disaster sheltering services across the country for more than 140 years and is the primary expert in the field of disaster sheltering. Upon request, and to the extent that they have resources available, the Red Cross will assist us in providing these sheltering services to our residents and can provide disaster- trained and experienced volunteers, dormitory and food service supplies and equipment, and funding to operate the shelter(s). This Facility Use Agreement and Pet Addendum grants the Red Cross the ability to operate disaster shelters in City facilities upon our request. In the absence of this agreement with the American Red Cross, these emergency relief measures would be solely the responsibility of the staff, supplies and equipment, and funding of the City.

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

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

EXHIBIT(S)

1. American Red Cross Facility Use Agreement and Pet Addendum

2. Attachment A - List of Santa Ana Facilities
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager

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2 2/3/2026

EXHIBIT 1

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City of Santa Ana and American Red Cross
2026 Facility Use Agreement
Attachment A, List of Santa Ana Facilities

Facility Name and Address
Santa Ana Senior Center
424 West Third Street 92701
Roosevelt/Walker Community Center
816 E. Chestnut Avenue 92701
Garfield Community Center
501 N. Lacy Street 92701
Salgado Recreation Center
706 North Newhope Street 92703
El Salvador Community Center
1825 W. Civic Center Drive 92703
Jerome Center
726 South Center Street 92704
Southwest Senior Center
2201 West McFadden Avenue 92704
EXHIBIT 2

City Council
14 –
12 2/3/2026

Police Department
www.santa-ana.org/pd
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 3, 2026
TOPIC: Unmanned Aerial Systems (Drones)

AGENDA TITLE
Agreement with Axon Enterprise, Inc. for the Implementation of the Drone as a First Responder System and Patrol Drone Purchase for the Police Department (Non-General Fund - SLESA)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. to provide the Drone as a First Responder system, patrol drones, and all required software licenses to the Police Department, in an amount not to exceed $682,900 for a term beginning February 3, 2026 and expiring February 2, 2029 (Agreement No. A-2026- XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On May 17, 2022, the City of Santa Ana adopted an Ordinance Amending Section 2- 809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code adopting the Santa Ana Police Department’s Military Equipment Policy (Policy 707) pursuant to California Assembly Bill 481 (Government Code Sections 7070 et seq.). Per the adoption by Council, Policy 707 listed specific Unmanned Aerial Systems (UAS) that are no longer available. The Department is now proceeding with purchasing three (3) Skydio X10 (DFR) and two (2) Skydio R10 patrol drones that are substantially similar to the drones listed in the Policy 707 for all operational aspects, including the purpose, authorized uses, lifespan, training, and the legal and procedural rules. Additionally, the Department included UAS as a potential future purchase in the Military Equipment Policy and will report these drones in its annual review.

In 2022, the Police Department began researching the implementation of an Unmanned Aerial Systems (UAS) program, commonly known as a drone program. The process included forming a drone committee, meeting with several UAS manufacturers,

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consulting with surrounding agencies about their UAS use, and developing a UAS policy.

On August 19, 2025, the City Council voted to renew the Ordinance, which again identified UASs as a potential future purchase. Following the August 19th meeting, the Police Department began engaging with the community through eight meetings held from August 2025 to January 2026, during which drones were discussed and community input was collected. Common themes expressed by community members included the following: interest in using drones as a quick, first-response to calls for service; leveraging drones to assist in enforcing illegal fireworks laws; and responsible and transparent use of drone technology to support public safety.

At the August 19, 2025, meeting, the City Council received the Annual Military Equipment Report that indicated the Police Department's intention to request City Council approval to purchase and implement a UAS program, with initial costs not to exceed $250,000. This contract maintains our original objective as proposed to the City Council and further allows us an additional two-year window for further expansion of the program (see fiscal impact). In conducting research and in discussions with the proposed vendor, an opportunity surfaced allowing the Police Department to purchase additional drones at a lower annual cost for an extended contract of three years. This contract approval does not preclude the requirement and the Police Department’s obligation to annually present a review of this equipment, as well as other military equipment, to the City Council.

The research conducted by the Police Department’s drone committee concluded that integrating Axon’s Drone as a First Responder (DFR) system with Skydio X10 drones will improve the Department’s ability to serve the community by leveraging modern, commonly used drone technology. The DFR system will enable the Police Department to respond to calls for service by deploying strategically placed, dock-based drones throughout the city. The strategically placed drones will directly benefit the community by providing expedited call-for-service response times and gathering critical real-time information about the incident as it develops. Equipped with real-time information from the drone's video stream, the pilot, field-based police supervisors, and responding officers will be able to coordinate their actions more effectively and gather information in direct support of the Department’s de-escalation strategy. The Skydio X10 drone also provides the ability to communicate with people on scene, which can prove to be valuable when communicating with victims, witnesses, and suspects prior to the arrival of personnel at the scene.

In addition to the Skydio DFR X10 drones, the Skydio R10 patrol drones will improve the Department’s ability to respond to emergencies by allowing flights while indoors and in confined spaces. The interior, confined space capability enables police personnel to identify potential dangers, via the high-resolution cameras from a safe distance, without the hazard of direct, face-to-face exposure to any potential threat. As with the X10

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drones, the R10 drones have two-way communication capabilities to facilitate de- escalation efforts and provide commands and instructions to individuals.

The Skydio X10 drones and R10 drones supplied by Axon meet all federal standards for UAS data security and, unlike some popular foreign-made drones, are compliant with the National Defense Authorization Act (NDAA). Axon has decades of experience serving the law enforcement community and has consistently shown responsiveness to customer service requests. Additionally, the Axon deployed drones will directly integrate with the other video based and data storage services Axon currently provides to the Department.

The City has contracted with Axon since 2017 for body-worn camera services, during which time Axon has consistently demonstrated reliability, strong customer support, and responsiveness to operational needs. Under the Axon platform, the City retains full ownership of all data, and any sharing of data is conducted strictly in accordance with current Police Department policies and applicable state law. In addition, Axon is highly protected to prevent breach of data and, to date, there have been no data breaches.

Santa Ana Municipal Code, Section 2-807(d), authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that “Axon Air”, a fully integrated DFR solution offered by Axon Enterprise, Inc. meets the Police Department’s specifications. Additionally, Sourcewell, a cooperative government purchasing agency, awarded a contract to Axon Enterprise, Inc. for Axon Air as a result of open, competitive bidding, and meets the City’s requirement.

If the recommended action is approved by the City Council, the Police Department will adopt Department Policy 606 titled Unmanned Aerial Systems (Exhibit 2). The policy provides the framework for the use of DFR and patrol drones, including provisions to safeguard the Community’s Constitutional Rights and to ensure transparency and accountability.

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

FISCAL IMPACT
As the first payment is due in July 2026, funding will be included in the proposed FY 26- 27 budget for City Council’s approval. Funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows:

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Unmanned Aerial Systems (Drones)
February 3, 2026

5 5
2 0
Fiscal Year Accounting Unit –
Account No.

Fund
Description
Accounting Unit,
Account Description Amount
FY 26-27 12814407-66400
Law
Enforcement
Grants
SLESA, Machinery &
Equipment $249,999
FY 27-28 12814407-66400
Law
Enforcement
Grants
SLESA, Machinery &
Equipment $220,519
FY 28-29 12814407-66400
Law
Enforcement
Grants
SLESA, Machinery &
Equipment $212,382
Total $682,900

EXHIBIT(S)

1. Agreement with Axon Enterprise, Inc.

2. Draft Unmanned Aerial Systems Policy 606
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager

City Council
15 –
4 2/3/2026

#2134105v3

AGREEMENT WITH AXON ENTERPRISE, INC TO IMPLEMENT AND
PROVIDE THE CITY OF SANTA’S PILOT PROGRAM FOR

UNMANNED AERIAL SYSTEMS
THIS AGREEMENT is made and entered into on this 3rd day of February, 2026 by and between Axon Enterprise, Inc., a Delaware corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City desires to retain a Consultant having special skill and knowledge to implement and provide the City with the use of unmanned aerial systems of three (3) drones as a first responder (“DFR”) bundles and two (2) patrol kit bundles for the City of Santa Ana’s Police Department.

B. Pursuant to Santa Ana Municipal Code § 2-807(d), this contract may be entered into between the parties, and is exempt from competitive bidding, for purchases from vendors awarded the same type of purchase contract by a federal agency (including the general services administration), a state agency, county, city or other public agency after a competitive bidding process determined by the purchasing manager to be substantially equivalent to that prescribed by Article VII.II regarding purchasing rules and procedures.

C. On October 8, 2025, the City’s purchasing manager approved an exception to process to the competitive bid process as the project was competitively bid through a Sourcewell awarded contract #101223-AXN.

D. Accordingly, City has selected Consultant to provide the services detailed for this Agreement and Consultant has represented that it is able and willing to provide such services to the City.

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

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

1. SCOPE OF SERVICES
a. Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant’s Master Services and Purchase Agreement, identified as Exhibit A, which is attached hereto and incorporated by reference. This Master Services and Purchase Agreement EXHIBIT 1

City Council
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shall be specific to the services defined herein and not affect any other Axon agreements with the City.COMPENSATIONCity agrees to pay, and Consultant agrees to accept as total payment for its services forCity, the rates and charges identified in Quote # , identified andattached hereto as Exhibit B. The total amount to be expended during the term of thisAgreement shall not exceed $682,900.Payment by City shall be made within forty-five (45) days following receipt of properinvoice evidencing work performed, subject to City accounting procedures. City andConsultant agree that all payments due and owing under this Agreement shall be madethrough Automated Clearing House (ACH) transfers. Consultant agrees to execute theCity’s standard ACH Vendor Payment Authorization and provide requireddocumentation. Upon verification of the data provided, the City will be authorized todeposit payments directly into Consultant’s account(s) with financial institutions.Payment need not be made for work which fails to meet the standards of performanceset forth in the Recitals which may reasonably be expected by City.TERMThis Agreement shall commence on the date first written above and continue for a threeyear term, unless terminated earlier in accordance with Section 17 of Exhibit A.The parties agree and understand that the term defined, above, is controlling. Neitherthe subscription term or any renewal term identified in Exhibit A shall apply. Anyextension or renewal may be subject to approval by the City Council of the City ofSanta Ana.INSURANCEInsurance requirements are attached hereto asExhibit C.CONFLICT OF INTEREST CLAUSEConsultant covenants that it presently has no interests and shall not have interests,direct or indirect, which would conflict in any manner with performance of servicesspecified under this Agreement.No immediate family members of either the Mayor, City Council Member, or anyappointed City Official, including appointed board and commission members, asdefined under the City’s Municipal Code, whose position with the City shall award orinfluence the award of this Agreement, or any competing contract or amendmentthereof, shall be employed in any capacity by the Consultant or have any other director indirect financial benefit or interest in this Agreement.

City Council
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6 2/3/2026

c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 6. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of PoliceCity of Santa Ana 60 Civic PlazaSanta Ana CA 92702

City Council
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7 2/3/2026

To Consultant:Axon Enterprise, Inc. 17800 N. 85thStreet Scottsdale, AZ 85255 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 7. MISCELLANEOUS PROVISIONSa. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The City has provided this Agreement to incorporate Consultant’s specific requirements for use of the DFR products and services. In the event of any inconsistency or conflict between the Agreement and the attached Exhibits, the terms, conditions and provisions of this Agreement shall govern and control. [signature page to follow]

City Council
15 –
8 2/3/2026

City Council
15 –
9 2/3/2026

#2134105v2

EXHIBIT A MASTER SERVICES AND PURCHASE AGREEMENT (DFR)

City Council
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10 2/3/2026

Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 1 of 42

1.1.1.1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices.1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Any inconsistent or supplemental terms within CustomerOrders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.2.Term.This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term").2.1.2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5year term ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. New devices and services may require additional terms. Axon will not authorize new services until Axon receives a signed Quote or accepts a purchase order, whichever is first.3.4.5.6.7.7.1.Limited Warranty.Axon warrants that Axon-manufactured Devices, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of and Axon-manufactured accessories, which Axon warrants for nirespectively, from the date of Customerone- (1-) year hardware warranty through the extended warranty term purchased.

City Council
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11 2/3/2026

Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 2 of 42

7.2.Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products"warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interference, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations.7.3.Claims.If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, -manufactured Device with the same or like Axon-nt Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement. 7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer,and the replaced Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.7.4.Spare Axon Devices.At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose.7.5.Limitations.(b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other Customer resells Axon Devices.7.5.1.To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, Customer has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement.7.5.2.7.6.7.7.Third-Party Hardware, Software and Services.Use of hardware, software, or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.

City Council
15 –
12 2/3/2026

Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 3 of 42

7.8.Axon Aid.Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Release, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer.8.8.1.Trial Products may include Axon beta software or firmware which additional terms may be required8.2..end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience.immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to9., but not limited to,Axon Justice Implementation, FUSUS, anoutside of the SOW, Quote, or this Agreement Any applicable 10.11.or feature12.Combined Offeringsin a Quote combine existing and pre-released Axon Devices or Services. Some offerings combined offering13.14.15.

City Council
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13 2/3/2026

Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 4 of 42

16.17.17.1.17.2.17.3.18.19.19.1.19.2.19.3.19.4.19.5.Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End User becomes a Restricted Person or violates export laws.19.6.

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14 2/3/2026

Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 5 of 42

19.7.19.8.19.9.19.10.19.11.Notices to Customer shall19.12.Axon Enterprise, Inc.

City Council
15 –
15 2/3/2026

Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 6 of 42
Axon Cloud Services Terms of Use Appendix1.Definitions.1.1.Data Controllerwith others determines the purposes and means of the processing of Personal Data. 1.2.Data ProcessorPersonal Data on behalf of the Data Controller. 1.3. "Customer Content" tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data. 1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.1.5.End UserCloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement.1.6. "Non-Content Datatenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content.1.7. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.1.8. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.1.9.Subprocessorthat the Data Processor is carrying out on behalf of the Data Controller.1.10."Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.2.Access.Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed the total number of End Users specified in the Quote. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER CEW data ("TASER Data") and Customer may not upload non-TASER Data to Axon Evidence.3.Customer Owns Customer Content.Customer controls and owns all rights, title, and interest in Customer Content. business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.4.Security.Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems.5.Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary

City Council
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Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 7 of 42
computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately ter5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess contact Axon immediately if an stolen.5.2 To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.6.Privacy.version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.7.Axon Body Wi-Fi Positioning.Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for 8.Storage.For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.8.1.Third-Party Unlimited Storage.For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence End User; (iii) Customer is prohibited from storing data for other customers or law enforcement agencies; and (iv) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution or defense of a crime, (2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon Evidence.8.2.Location of Storage.Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located Ownership of Customer Content remains with Customer.9.Suspension.Axon may temporarily suspend Customeror any End Uof Axon Cloud Services immediately upon notice, if Customer or End UAxon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (cor any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement.10.Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services Service Offerings will be subject to the Axon Cloud Services Service Level Agreement, a current version of which is available at https://www.axon.com/products/axon-evidence/sla.11.Roles of the Parties.To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor. To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor. Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing

City Council
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Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 8 of 42
considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with the Agreement and applicable data protection laws to develop, improve, support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual.12.TASER Data Science Program.Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.12.1.If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data.12.2.Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science and without any warranty of any kind.12.3.Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer.13.Axon Records.The following terms apply to Axon Records. Customers may purchase Axon Records either as part of an OSP 7 or OSP 10 plan or individually through a Quote.13.1.Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the date Axon provisions Axon Records to Customer. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 plan, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term").13.2.An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.pdate and Upgrade releases to the Customer on an if-and-when available basis.13.3.New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included as part of the Axon Records Subscription. 13.4.End Users of Axon Records may upload files to entities (incidents, reports, cases, etc.) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages.14.FUSUS.If Customer purchases a subscription to FUSUS, the following terms apply: 14.1.License and Storage.The specific license number(s) and associated data storage terms for FUSUS subscription and Axon Devices shall be set forth in the applicable Quote provided by Axon.14.2.Third party Components.Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used -Party ComponentsCustomer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services.

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Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 9 of 42

14.3.Data Privacy.Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app (iOS or Android interface), complying with legal requirsystems, and undertaking data analytics. 15.Axon Community Request Storage.If offering, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), -termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.16.Performance Auto-Tagging Data.If offering, Axon will in order to provide services and features of Axon Performance to Customer.17.Axon Cloud Services Restrictions.Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:17.1.copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 17.2.reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;17.3.access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;17.4.use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;17.5.access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;17.6.remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark 17.7.use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.18.After Termination.Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services. 19.Post-Termination Assistance.Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customerdata egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.20.U.S. Government Rights.If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of aU.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software,""commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services. 21.Survival.Upon any termination of this Agreement, the following sections in this Appendix will survive: CustomerOwns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions.

City Council
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Master Services and Purchasing Agreement
Version: 24Release Date: August 2025 Page 10 of 42
AI Technology AppendixThis AI Technology Appendix shall only apply to Customers who license Axon Cloud Services in a Quote that specifically utilizes AI Technology. Unless explicitly defined otherwise, capitalized terms used in this Appendix have the same meaning as those in the Agreement.1.Definitions.1.1.AI Technology.include: (a) Enhanced Evidence Management; (b) AI-powered redaction tools; (c) Large Language Model-e Analytics for operational insights; or (e) Natural Language Processing (NLP) for text and speech analysis.1.2.Model Drift.The degradation of AI model performance due to changes in input data or external conditions, requiring retraining or updates.1.3.Bias Mitigation.Strategies and techniques used to identify, measure, and minimize bias in AI Technology.2.Scope and Usage.2.1.Integration.Axon AI Technology is intended to improve public safety, streamline operations, and ensure data accuracy. The AI functionalities will only be used as described in the Agreement or applicable documentation.2.2.Data Use.Axon acts as a Data Processor for AI Technology. All inquiries submitted are processed solely to provide accurate responses based on Customer Content submitted. Customer remains the Data Controller of not train their models on Customer Content. product development efforts like AI model training. Even in those cases, Axon operates carefully on redacted data and not on Customer Content.2.3.Automatic Data Collection.AI Technology may automatically collect Non-Content Data about user interactions with the service and their devices to enhance the functionality and security of the system. The details collected include, but are not limited to, the following:2.3.1.User Engagement and Activity Metrics.AI Technology may track key engagement statistics, including Daily Active Users (DAUs), Weekly Active Users (WAUs), and Monthly Active Users (MAUs). Additional metrics include new user activations, repeat usage rates, total queries submitted, follow-up query volume, session lengths, retention rates, and user satisfaction ratings (e.g., thumbs up/down feedback).2.3.2.Sales and Adoption Tracking.Axon monitors the number of licenses and agencies purchasing the service, including those in trial phases, fully deploying the service, and conversion rates from trials to paid subscriptions.2.3.3.End User inputs.Axon may process de-identified end-user inputs to the AI Technology, excluding Customer Content or any data that directly or indirectly identifies individuals.3.Axon Responsibilities.3.1.Ethical AI Development.Axon shall: (a) Follow its responsible innovation framework; (b) Engage with the Ethics and Equity Advisory Council (EEAC) for feedback; (c) Conduct testing to minimize bias and ensure reliability; and (d) Implement Bias Mitigation techniques in model development and deployment. 3.2.Security Program.Axon will maintain a comprehensive information security program, including logical and physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of digital evidence; and security education.3.3.Transparency.Axon will provide documentation describing AI functionalities and their intended use and disclose any material limitations, risks, or Model Drift incidents.3.4.Incident Response.Axon will promptly address and rectify anomalies in AI functionalities, as outlined in its incident management procedures.3.5.Compliance.Axon will ensure compliance with applicable laws, regulations, and standards, including but not limited to the EU AI Act, NIST AI standards, and ISO/IEC 27001.

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4.Customer Responsibilities.4.1.Ownership of Customer Content.Customer controls and owns all rights, title, and interest in Customer Content. Axon obtains no interest in Customer Content and will only access Customer Content for limited purposes as outlined in the Agreement.4.2.Use of AI Technologies.Customer must: (a) review AI-generated outputs to ensure accuracy and appropriateness; (b) maintain control over Customer Content shared with AI Technologies (c) comply with applicable laws when using Axon AI Technology and Axon Services; (d) monitor for potential issues with AI outputs, including false positives or negatives; (e) actively opt-in for programs involving data sharing through 4.3.Restrictions.AI Technology is not designed for emergencies, and in such cases, users should contact appropriate emergency services directly. Axon disclaims liability for queries containing prohibited content, such as hate, sexual material, or violence, and reserves the right to restrict such usage.5.Policy Chat.This section outlines the specific terms and conditions related to the use of Policy Chat by the Customer. By utilizing Policy Chat, the Customer agrees to comply with the following provisions:5.1.License and Content Restrictions.Any uploads beyond 5,000 pages may be limited by Axon. It is the Customer's responsibility to manage uploads to ensure system efficiency and compliance with these terms.5.2.Data Processing.Inquiries submitted to Policy Chat are processed solely to provide accurate responses based on existing policy documents provided by the Customer. The Customer remains the Data Controller of all policy content, and Axon's role is strictly limited to facilitating access to this information through Policy Chat.5.3.Policy Chat Restrictions.The information provided by Policy Chat is for informational purposes only and is based on the policy documents uploaded by the Customer. Axon does not guarantee the accuracy, completeness, or timeliness of the information, and disclaims all liability for any reliance placed on such information. Policy Chat is not a substitute for official policy documents, legal advice, or comprehensive training. Users should consult their supervisors, legal advisors, or official sources for the most accurate and up-to-date policy guidance. Changes to policies may not be reflected immediately, and it is the Customer's responsibility to ensure data integrity by uploading the most current documents and removing outdated versions.6.Draft One.Specifically for Customers who utilize Draft One, Axon may impose usage restrictions if a single user generates more than three hundred (300) reports per month for two or more consecutive months.7.Brief One.Brief One includes automatic summarization of all products that can be transcribed. If Customer subscribes to Brief One, Customer may utilize Brief One with no limit on the number of pieces of evidence or cases. Notwithstanding the foregoing, Axon may limit evidence and case summaries for cases with over one thousand (1000) pieces of evidence or after three hundred (300) cases per End User per month for two (2) consecutive months in a row.8.Auto-Transcribe.This section outlines licensing terms for -Transcribe:8.1.A-La-Carte Minutes.Upon Axon granting Customer a set number of minutes, Customer may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Customers cannot roll over unused minutes to future Auto-Transcribe terms. Axon may charge Customer additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one year after being provisionedto Customer by Axon.8.2.Axon Unlimited Transcribe.Upon Axon granting Customer an Unlimited Transcribe subscription to Axon Auto-Transcribe, Customer may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Fleet, Axon Community Request, or third-party transcription, transcription must be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will not bill for overages.9.Amendments.Axon reserves the right to amend this Appendix to reflect changes in applicable laws or improvements Devices and Services after the effective date constitutes acceptance of the updated terms.

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Axon Customer Experience Improvement Program Appendix1.Axon Customer Experience Improvement Program (ACEIP).The ACEIP is designed todevelopment of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Customer Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.2.ACEIP Tier 1.2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain s12.2.Expiration of ACEIP Tier 13.ACEIP Tier 21For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

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Professional Services Appendix1.Utilization of Services2.Axon

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4.Body-5.CEW Services

6.Smart Weapon Transition Service

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*Note: CEW Full-Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service 7.System set up and configuration (Remote Support)Instructor-led setup of Axon VR headset contentConfigure Customer settings based on Customer needTroubleshoot IT issues with Axon VR headsetAxon instructor training (Train the Trainer)Training for up to five (5) Customer's in-house instructors who can support Customer's Axon VR CET and SIM training needs after Axon has fulfilled its contracted on-site obligationsClassroom and practical training sessionsStep-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality, basic operation, and best practices8.System set up and configuration (Remote Support)Instructor-led setup of Axon Air App (ASDS)Configure Customer settings based on Customer needConfigure drone controllerTroubleshoot IT issues with Axon EvidenceAxon instructor training (Train the Trainer)Training for Customer's in-house instructors who can support Customer's Axon Air and Axon Evidence -site obligationsClassroom and practical training sessionsStep-by-step explanation and assistance for Customer's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices9.10.Signal Sidearm Installation Servicea.b.11.. Axon Justice Implementation includes advanced remote project planning, configuration support, and training. Axon Justice Implementation includesSystem set up and configurationAxon collaborates with the Client to configure workflows, permissions, and privileges within Axon will facilitate a workflow discussion with the core admin team.

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DisclosuresAxon enables the Client to share digital evidence to the defense through the following methods as determined by Client and Axon:1. Public Defender Case Sharing2. Disclosure Portal 3. Download LinksTrainingAgency Trainers. Axon works with the Agency to identify the Agency trainers receiving instruction on the product. Axon provides a training guide that outlines the covered topics, intended audience, facility needs, and duration of the training.Axon will schedule a cadence of remote training sessions as needed, which are not to exceed three (3) 2-hour training sessions for Agency staff. Each session can accommodate up to 20 users and will train them in full system functionality. Training sessions provided by Axon are conducted on consecutive weekdays (Tuesday-Thursday) during normal business hours (9am-6pm with an hour break in between sessions). After the initial training, is responsible for any future training. Axon provides all training materials for successful training.Partner Agencies: Axon will provide Train the Trainer training to the Agency so that it is equipped to train and support their partner agencies. Ensuring the partner agencies are Go-Live PlanAxon works in partnership with the Agency to build, coordinate, and execute a Go-Live plan to ensure successful system acceptance. Axon coordinates the Go-Live event.Implementation document packetAxon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guidePost go-live review12.Out of Scope Services13.Delivery of Services14.Access Computer Systems to Perform Services15.Site Preparation16.AcceptanceIf Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of

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delivery of the Acceptance Form, the professional services will be deemed accepted by Customer.17.Customer

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Technology Assurance Plan Appendix1.TAP Warranty.The TAP specific warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty. 2.Officer Safety Plan3.OSP 7 or OSP 10 Term4.TAP RefreshAxon DeviceDevice RefreshDevice RefreshDevice 5.TAP Dock Axon Device 6.Refresh Delay.Device Device 7.Upgrade ChangeAxon Device Refreshes8.Return of Original 9.TerminationIfor expires9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.9.2. A9.3 Customer must make any missed payments due to the termination before Customer may purchase any future TAP or OSP.

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Axon Auto-Tagging Appendix1.Scope.Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Customer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows End Users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in CustomerCAD or RMS.2.Support.For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence3.Changes4.Customer4.1. Make 4.2. Make 4.3. Provide 4.4. Provide 4.5. Promptly 4.6. Ensure 4.7. Provide 4.8. Provide Axon with remote access to CustomerAxon Evidence4.9. Notify 4.10. Ensure 5.A

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Axon Respond Appendix1.Axon Respond Subscription Term.If Customer purchases Axon Respond as part of a combined offering on a Quote, the Axon Respond subscription begins on the later of the (1) start date of that offering within the Quote, or (2) date Axon provisions Axon Respond to Customer. If Customer purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Customer, or (2) first day of the month following the Effective Date. The 2.Scope of 3.Axon Body in the United States including U.S. territories, Additional verification will be required for use in select international regions4.Axon Fleet LTE Requirements5.Axon Respond Service Limitations.Customer acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outhird parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.5.1. With re6.Termination

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Axon Virtual Reality Content Terms of Use AppendixIf Virtual Reality is included on the Quote, this Appendix applies.1.Term2.Headsets3.License Restrictions3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality 3.2. reverse engineer, disassemble, or decompile Virtual Reality 3.3. copy Virtual Reality 3.4. use trade secret information contained in Virtual Reality 3.5. resell, rent, loan or sublicense Virtual Reality 3.6. access Virtual Reality 3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark 4.Privacy.Customerthe Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/axonvrprivacypolicy.5.Termination

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Axon Evidence Local Software Appendix1.License2.Term3.License Restrictions.All licenses will immediately terminate if Customer does not comply with any term of this Agreement. Customer may not use Axon Evidence Local for any purpose other than as expressly permitted by this Agreement. Customer may not: 3.1. modify, tamper with, repair, or otherwise create derivative works of Axon Evidence Local;3.2. reverse engineer, disassemble, or decompile Axon Evidence Local or apply any process to derive the source c3.3. access or use Axon Evidence Local to avoid incurring fees or exceeding usage limits or quotas; 3.4. copy Axon Evidence Local in whole or part, except as expressly permitted in this Agreement; 3.5. use trade secret information contain3.6. resell, rent, loan or sublicense Axon Evidence Local; 3.7. access Axon Evidence Local to build a competitive device or service or copy any features, 3.8. remove, alter4.Support.Axon may make available updates and error corrections ("Updates") to Axon Evidence Local. Axon will provide Updates electronically via the Internet or media as determined by Axon. Customer is responsible for establishing and maintaining adequate access to the Internet to receive Updates. Customer is responsible for maintaining the computer equipment necessary to use Axon Evidence Local. Axon may provide technical support of a prior release/version of Axon Evidence Local for six (6) months from when Axon made the subsequent release/version available.5.Termination

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Axon Application Programming Interface Appendixor a subscription to Axon Cloud Services are included on the Quote.1.Definitions1.1. "1.2. "1.3. "1.4. "Use" means any operation on Customerdata enabled by the supported API functionality.2.Purpose and Lice2.1. Customer2.2. Axon 2.3. Axon 3.Configuration.Customer will work independently to configure CustomerAPI Client with API Service for Customerapplicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon promptly of any updates. Upon Customerregistration, Axon will provide documentation outlining API Service information. 4.Customer4.1. use API Service in any way other than as expressly permitted under 4.2. use in any way that results in4.3. perform an action with the intent of introducing any 4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or net4.5. revers4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;4.7. provide us4.8. frame or mirror4.9. make available to a 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes4.11. disclose Axon5.API Content

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5.1. the design, structure and naming of API Service fields in all responses and requests; 5.2. the resources available within API Service for which 5.3. the structure of and relationship of API Service resources; and 5.4. the design of API Service, in any part or as a whole. 6.Prohibitions on API Content6.1. s6.2. c6.3. m6.4. remove, alter, or obscure any confidentiality or proprietary rights not7.API Updates

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Axon Channel Services AppendixThis Appendix applies if Customer purchases Axon Channel Service, as set forth on the Quote.1.Definitions1.1. "1.2. "1.3. "2.Scope3.Changes.Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.4.Purpose and Use5.Project Management6.Warranty7.Monitoring8.Customer8.1. Make 8.2. Provide 8.3. Provide 8.4. Ensure 8.5. Provide 8.6. Notify 8.7. Ensure

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Axon Technical Account Manager AppendixThis Appendix applies if Axon Support Engineer services 1.Axon Technical Account Manager Payment2.Full-Time TAM Scope of Services2.1. A Full-Time TAM will work on-site four (4) days per week, unless an alternate schedule or reporting location is mutually agreed upon by Axon and Customer.2.2. Customer2.3. The purchase of 2.4. The Full-Time TAM OngAssisting with assigning cameras and registering docksMaintaining Connecting Customer to "Early Access" programs for new devicesAccount MaintenanceConducting on-site training on new features and Thoroughly documenting issues and workflows and suggesting new workflows to improveConducting weekly meetings to cover current issues and program statusData AnalysisProviding on-demand Axon usage data to identify trends and insights for improving daily workflowsComparing Proactively monitoring the health of Axon equipment and coordinating returns when neededDirect SupportProviding on-site, Tier 1 and Tier 2 (as defined in Axon's Service Level Agreement) technical support for Axon Proactively monitoring the health of Creating and monitoring RMAs Providing Axon app supportMonitoring and testing new firmware and workflows before they are released to Customerproduction environmentCoordinating bi-Recording and tracking Customer feature requests and major bugs3.Regional TAM Scope of Services.3.1. A Regional TAM will work on-site for three (3) consecutive days per quarter. 3.2. There 3.3. The purchase of 3.4. The Regional TAM service options are listed below:

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Account MaintenanceConducting remote training on new features and Thoroughly documenting issues and workflows and suggesting new Conducting weekly conference calls to cover Visiting Customer quarterly (up to 3 consecutive days) to perform a quarterly business review, discuss Customer's goals for your Axon program, and continue to ensure a successful deployment of Axon DevicesDirect SupportProvCreating and monitoring RMAs remotelyData AnalysisProviding quarterly Axon Comparing Proactively monitoring the health of Axon equipment and coordinating returns when neededCoordinating bi-yearly Voice of Recording and tracking Customer feature requests and major bugs4.Out of Scope Services5.TAM Leave Time

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Axon Training Pod Appendix1.Customer Responsibilities.Customer is responsible for: (i) all permits to use the Axon Training Pod; (ii) complying with all applicable laws pertaining to the use of the Axon Training Pod; (iii) any maintenance required for the Axon Training Pod; and (iv) disposal of the Axon Training Pod.2.Warranties.WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.3.Placement.Axon will make its best efforts to work with Customer on the initial placement of the Axon Training placement. 4.Deemed Acceptance.The Axon Training Pod will be deemed accepted by Customer upon delivery. Customer waives any right to reject the Axon Training Pod except in the event of damage during shipment, which must be reported to Axon in writing within five (5) business days of delivery.

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Dedrone Product AppendixIf the Quote includes Dedrone Hardware, Dedrone Software, and/or Airspace Security as a Service (collectively,Dedrone Product Appendix shall apply.1.Definitions.1.1means data that Axon maintains regarding a wide variety of drone models and manufacturers regarding the performance of the Dedrone Software and Dedrone Hardware, aggregate or de-identified Collected Data compiled or used by Axon in accordance with Section 4.2, and any other information that Axon makes available to Customer by means of the Dedrone Software1.2Quote and does not include any Third-Party Hardware.1.3means a radio frequency, video, radar or other hardware sensor for drone detection purchased by Customer from Axon or obtained from any third-party vendor.1.4-tracking software, known as DedroneTracker (formerly DroneTracker), whether deployed on-premise or hosted by Axon as a cloud-analytics software (currently known as Analytics Server), and/or (iii) software and/or firmware deployed or -Party Hardware.1.5-means hardware products owned by Customer or purchased by Customer from third parties that are used by Customer in conjunction with the Software.2.Customer License.2.1Software License.Subject to the terms of this Agreement, Axon grants Customer a royalty-free, nonexclusive, nontransferable, worldwide right during each Quote Term to use the Dedrone Software, including the Dedrone Data and Collected Data, subject to the terms of the Agremust purchase a License to the Software for each unit of Dedrone Hardware and/or Third-Party Hardware using Dedrone Software. Accordingly, Customer may only use the Software quantity and type of Hardware and/or Third-Party Hardware units specified on the applicable Quote. If Customer purchases additional Licenses during a current Term, the Term of the new License(s) will be pro-rated to terminate at the end of the then-current License Term. Use of the Dedrone Software is subject to the terms of the Agreement between the parties2.2Restrictions.Customer will not: (i) use (or allow a third party to use) the Dedrone Products in order to monitor the availability, security, performance, or functionality of the Dedrone Products, or for any other benchmarking or competitive purposes; (ii) market, sublicense, resell, lease, loan, transfer, or otherwise commercially exploit the Dedrone Products; (iii) modify, create derivative works, decompile, reverse engineer, attempt to gain access to the source code, or copy the Dedrone Products or any of their components; (iv) use the Dedrone Products to conduct any fraudulent, malicious, or illegal activities; or (v) use the Dedrone Products in contravention of any 3.Customer Obligations.3.1Compliance.Customer will use the Dedrone Products only in accordance with applicable specifications (the of the United States or any other country. Customer acknowledges that due to the nascent nature of drone detection and mitigation technologies applicable laws and regulations may be changing or emerging over time, in compliant with the current laws and regulations that may apply, including but not limited to those that may apply to advanced features available directly or indirectly exported, re-exported, or used to provide services in violation of such export laws and regulations. Axon reserves the right to suspend use of any Dedrone Products operating in violation of such laws, following written notice to Customer. If Customer uses a radio jammer, or any other controlled device, in connection with the Dedrone Software, Customer represents to Axon that it is authorized to do so by the relevant authorities, that it will do so only in accordance with such authorization, and it will provide supporting documentation regarding such authorization upon request. Customer may be required to obtain legal

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authorization before any purchase or use of hardware sold by third parties. Axon shall not be liable if any government export authorization is delayed, denied, revoked, restricted or not renewed, nor shall any such delay, denial, revocation, restriction or non-renewal shall not constitute a breach of the Agreement by Axon. 3.2Computing Environment.Customer is responsible for the maintenance and security of its own network and computing environment that it uses to host and/or access the Dedrone Products and for ensuring that any Third-Party Hardware meets the necessary specifications for use with the Dedrone Software.4.Data Protection.4.1Data.If Customer licenses Dedrone Software, as part of its operation, the Dedrone Software may collect and the Dedrone Software, which may include (i) information generated by each Sensor deployed by Customer, including information related to the date, time, and duration of the detection of the drone, as well as the locations of the detected drones and remote controls and of the Sensor itself (collectivelrecording of the detected drones, including flight path ("Video Data") (Sensor Data and Video Data are collectively 4.2Use of Collected Data.Axon has the right to use Collected Data for any purpose, including: (i) improving any Dedrone Product; (ii) analyzing any Dedrone Product or the performance of any Dedrone Product; or (iii) compiling or using aggregate or de-identified Collected Data with other customers, or government and law enforcement entities, with or without compensation. Customer acknowledges that Axon may learn from the performance or use of any Dedrone Product, and Axon shall have the sole right to exploit any modification, enhancement or improvement of any Dedrone Product resulting from such learning.4.3User Data.To the extent Axon uses User login information, including name, email, username, and password deidentified and anonymized, and will not be identified as having come from Customer, except that Axon may disclose User Data where Axon, in good faith, believes that the law or legal process (such as a court order, search warrant or subpoena) requires Axon to do so.4.4Security.4.5No Access.Except for User Data, Axon does not (and will not) collect, process, store, or otherwise have access 5.Ownership.5.1Axon Property. Axon owns and retains all rights, title, and interest in and to the Dedrone Data, Collected Data, the Dedrone Software, and all intellectual property embodied in the Dedrone Hardware, if the Dedrone Hardware is provided by Axon. Except for the limited license granted to Customer in Section 2.1, Axon does not by means of this Agreement or otherwise transfer or license any rights in the Dedrone Products to Customer, whether by implication, estoppel or otherwise. To the maximum extent permitted by applicable law Customer will take no action inconsistent with Axon intellectual property rights in the Dedrone Products or any Dedrone Data.5.2Customer Property.Customer owns and retains all right, title, and interest in and to the User Data and does not by means of this Agreement or otherwise transfer any rights in the User Data to Axon, except for the limited rights set forth in Section 4.3.6.Government Restricted Rights.To the extent that Customer is an agency or instrumentality of the U.S. government, the parties agree that the Dedrone Software and documentation are commercial computer software in this License, per FAR 12.212 and DFARS 227.7202-3, as applicable, or in the case of NASA, subject to NFS 1852.22.7.Updates.The Dedrone Software may include functionality that allows it to automatically download updates that may be made available by Axon. Customer consents to the installation of such functionality.

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#2134105v2
EXHIBIT BAXON Quote #

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Q-750055-46042MTIssued: 01/20/2026
Quote Expiration: 02/28/2026Estimated Contract Start Date: 08/15/2026Account Number: 105857Payment Terms: N30Mode of Delivery: UPS-GNDCredit/Debit Amount: $0.00Santa Ana Police Dept - CA60 CIVIC CENTER PLZSANTA ANA,CA92701-4060USASanta Ana Police Dept - CA20 Civic Center PlzSanta AnaCA92701-4058USAEmail:Lauren GauerPhone: 480-580-3639Email: [email protected]:Scott FahrneyPhone:Email: [email protected]:

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Payment Summary DateSubtotalTaxTotalJul 2026 $243,320.51 $6,678.49 $249,999.00Jul 2027 $214,628.03 $5,890.97 $220,519.00Jul 2028 $206,708.26 $5,673.58 $212,381.84Total$664,656.80$18,243.04$682,899.84

City Council
15 –
44 2/3/2026

Quote Unbundled Price: $520,006.15Quote List Price: $520,006.15Quote Subtotal: $664,656.80PricingAll deliverables are detailed in Delivery Schedules section lower in proposalItem DescriptionQtyTermUnbundled List PriceNet PriceSubtotalTaxTotalA la Carte Hardware101250 AXON AIR - SKYDIO PARACHUTE FOR X10 3 $4,000.00 $4,000.00 $12,000.00 $1,110.00 $13,110.00A00008 BUNDLE - AXON AIR DFR SINGLE DOCK 3 36 $111,304.43 $4,239.48 $457,863.84 $16,023.96 $473,887.80A00030 AXON AIR R10 PATROL KIT BUNDLE 2 36 $8,826.43 $532.68 $38,352.96 $1,109.08 $39,462.04A la Carte Software 102468 AXON AIR - SKYDIO CONNECT DATA PLAN FOR R10 1 36 $165.00 $165.00 $5,940.00 $0.00 $5,940.00A la Carte Services 100966AXON AIR - SKYDIO WAIVER APPLICATION - PUBLIC SAFETY1 $20,000.00 $20,000.00 $20,000.00 $0.00 $20,000.00101901 AXON AIR - SKYDIO PROGRAM DEPLOYMENT 1 12 $5,000.00 $5,000.00 $60,000.00 $0.00 $60,000.00101499 AXON AIR - SKYDIO X10 DOCK COMMISSIONING 2 $35,250.00 $35,250.00 $70,500.00 $0.00 $70,500.00Total$664,656.80$18,243.04$682,899.84Delivery ScheduleHardware BundleItemDescriptionQTYShipping LocationEstimated Delivery DateAXON AIR R10 PATROL KIT BUNDLE 102471 AXON AIR - SKYDIO R10 PATROL HW KIT 2 1 07/15/2026BUNDLE - AXON AIR DFR SINGLE DOCK 101736 AXON AIR - SKYDIO X10 DOCK HW KIT 3 1 07/15/2026A la Carte 101250 AXON AIR - SKYDIO PARACHUTE FOR X10 3 1 07/15/2026Software BundleItemDescriptionQTYEstimated Start DateEstimated End DateAXON AIR R10 PATROL KIT BUNDLE 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 2 08/15/2026 08/14/2029AXON AIR R10 PATROL KIT BUNDLE 102467 AXON AIR - SKYDIO R10 SUBSCRIPTION PLAN 2 08/15/2026 08/14/2029BUNDLE - AXON AIR DFR SINGLE DOCK 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 3 08/15/2026 08/14/2029BUNDLE - AXON AIR DFR SINGLE DOCK 101199 AXON AIR - SKYDIO DFR COMMAND 3 08/15/2026 08/14/2029A la Carte 102468 AXON AIR - SKYDIO CONNECT DATA PLAN FOR R10 1 08/15/2026 08/14/2029Services BundleItemDescriptionQTYAXON AIR R10 PATROL KIT BUNDLE 12021 AXON AIR - PROFESSIONAL IMPLEMENTATION 1BUNDLE - AXON AIR DFR SINGLE DOCK 101502 AXON AIR - SKYDIO X10 DOCK COMMISSIONING & TRAINING 1BUNDLE - AXON AIR DFR SINGLE DOCK 102294 AXON AIR - SKYDIO DOCK FOR X10 - MAINT. AND REPAIR - PREMIUM 3A la Carte 100966 AXON AIR - SKYDIO WAIVER APPLICATION - PUBLIC SAFETY 1

City Council
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45 2/3/2026

Services BundleItemDescriptionQTYA la Carte 101499 AXON AIR - SKYDIO X10 DOCK COMMISSIONING 2A la Carte 101901 AXON AIR - SKYDIO PROGRAM DEPLOYMENT 1Warranties BundleItemDescriptionQTYEstimated Start DateEstimated End DateBUNDLE - AXON AIR DFR SINGLE DOCK 101508 AXON AIR - SKYDIO - CARE FOR X10 CELLULAR 5G + VT300-Z 3YR 3

City Council
15 –
46 2/3/2026

Shipping LocationsLocation NumberStreetCityStateZipCountry160 CIVIC CENTER PLZ SANTA ANA CA 92701-4060 USAPayment DetailsJul 2026Invoice PlanItemDescriptionQtySubtotalTaxTotalYear 1 100966 AXON AIR - SKYDIO WAIVER APPLICATION - PUBLIC SAFETY 1 $7,321.69 $0.00 $7,321.69Year 1 101250 AXON AIR - SKYDIO PARACHUTE FOR X10 3 $4,393.01 $406.35 $4,799.36Year 1 101499 AXON AIR - SKYDIO X10 DOCK COMMISSIONING 2 $25,808.95 $0.00 $25,808.95Year 1 101901 AXON AIR - SKYDIO PROGRAM DEPLOYMENT 1 $21,965.07 $0.00 $21,965.07Year 1 102468 AXON AIR - SKYDIO CONNECT DATA PLAN FOR R10 1 $2,174.54 $0.00 $2,174.54Year 1 A00008 BUNDLE - AXON AIR DFR SINGLE DOCK 3 $167,616.84 $5,866.12 $173,482.96Year 1 A00030 AXON AIR R10 PATROL KIT BUNDLE 2 $14,040.41 $406.02 $14,446.43Invoice Upon Fulfillment A00030 AXON AIR R10 PATROL KIT BUNDLE 2 $0.00 $0.00 $0.00Total$243,320.51$6,678.49$249,999.00Jul 2027Invoice PlanItemDescriptionQtySubtotalTaxTotalYear 2 100966 AXON AIR - SKYDIO WAIVER APPLICATION - PUBLIC SAFETY 1 $6,458.31 $0.00 $6,458.31Year 2 101250 AXON AIR - SKYDIO PARACHUTE FOR X10 3 $3,874.99 $358.44 $4,233.43Year 2 101499 AXON AIR - SKYDIO X10 DOCK COMMISSIONING 2 $22,765.55 $0.00 $22,765.55Year 2 101901 AXON AIR - SKYDIO PROGRAM DEPLOYMENT 1 $19,374.93 $0.00 $19,374.93Year 2 102468 AXON AIR - SKYDIO CONNECT DATA PLAN FOR R10 1 $1,918.12 $0.00 $1,918.12Year 2 A00008 BUNDLE - AXON AIR DFR SINGLE DOCK 3 $147,851.35 $5,174.39 $153,025.74Year 2 A00030 AXON AIR R10 PATROL KIT BUNDLE 2 $12,384.78 $358.14 $12,742.92Total$214,628.03$5,890.97$220,519.00Jul 2028Invoice PlanItemDescriptionQtySubtotalTaxTotalYear 3 100966 AXON AIR - SKYDIO WAIVER APPLICATION - PUBLIC SAFETY 1 $6,220.00 $0.00 $6,220.00Year 3 101250 AXON AIR - SKYDIO PARACHUTE FOR X10 3 $3,732.00 $345.21 $4,077.21Year 3 101499 AXON AIR - SKYDIO X10 DOCK COMMISSIONING 2 $21,925.50 $0.00 $21,925.50Year 3 101901 AXON AIR - SKYDIO PROGRAM DEPLOYMENT 1 $18,660.00 $0.00 $18,660.00Year 3 102468 AXON AIR - SKYDIO CONNECT DATA PLAN FOR R10 1 $1,847.34 $0.00 $1,847.34Year 3 A00008 BUNDLE - AXON AIR DFR SINGLE DOCK 3 $142,395.65 $4,983.45 $147,379.10Year 3 A00030 AXON AIR R10 PATROL KIT BUNDLE 2 $11,927.77 $344.92 $12,272.69Total$206,708.26$5,673.58$212,381.84

City Council
15 –
47 2/3/2026

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and ConditionsAxon Enterprise Inc. Sales Terms and ConditionsAxon Master Services and Purchasing Agreement:This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.Acceptance of Terms:Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

City Council
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48 2/3/2026

\s1\ \d1\ Signature Date Signed1/20/2026

City Council
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49 2/3/2026

#2134105v2
EXHIBIT C Insurance Requirements

City Council
15 –
50 2/3/2026

Insurance Requirements Exhibit C

Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, damages to property data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any auto, with limits no less than $1,000,000 combined single limits. 3. Cyber Liability (CL): Insurance, with limits not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 3. Technology Professional Liability-Errors and Omissions Insurance (E&O): appropriate to the Consultantoccurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Consultant The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of Customer in the care, custody, or control of Consultant. 4. (WC): As required by the State of California, with statutory limits, employee, for bodily injury or disease. If Consultant maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Customer.

City Council
15 –
51 2/3/2026

Insurance Requirements Exhibit C

Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant and AL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of Consultantwhich arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultantany insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultantply separately to each insured against whom a claim is made or 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by Customer. Customer may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to Customer. Claims Made Policies If any of the required policies provide coverage on a claims-made basis:

City Council
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52 2/3/2026

Insurance Requirements Exhibit C

1. The retroactive date must be shown and must be before the date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Consultant three (3) years after completion of work. Verification of Coverage Consultant shall furnish Customer with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive ConsultantCustomer reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Special Risks or Circumstances Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Failure to Maintain Insurance Coverage If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. Customer, at its sole option, may terminate this Agreement at any time and obtain damages from Consultant resulting from said breach.

City Council
15 –
53 2/3/2026

City Council
15 –
54 2/3/2026

Policy
606
Santa Ana Police Department
Santa Ana PD Policy Manual
Copyright Lexipol, LLC 2026/01/05, All Rights Reserved.

Published with permission by Santa Ana Police Department ***DRAFT*** Unmanned Aerial System - 1 Unmanned Aerial System
606.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of Unmanned Aerial Systems (UAS), and for the storage, retrieval, and dissemination of images and data captured by the UAS. Our mission to enhance public safety while protecting the rights and privacy of the general public. 606.1.1 DEFINITIONS
Certificate of Authorization (COA) - Given by the Federal Aviation Administration (FAA) and grants permission to fly the UAS within specific boundaries and parameters.

Certificate of Waiver (COW) - Given by the Federal Aviation Administration (FAA) and allows UAS operators to deviate from certain operational limitations outlined in Part 107 of the Federal Aviation Regulations.

Part 107
- A set of standards set by the FAA that regulates the operations of uncrewed aircraft operated by commercial and public operators.

Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means.

Federal Aviation Administration (FAA) – The agency of the United States Department of Transportation responsible for the regulation and oversight of civil aviation within the U.S., as well as operation and development of the National Airspace System. Its primary mission is to ensure safety of civil aviation.

Remote Pilot in Command (RPIC) – A person who holds a remote pilot certificate with a UAS rating and has the final authority and responsibility for the operation and safety of the UAS operation conducted under FAA Part 107 or Certificate of Authorization, whether or not physically piloting the UAS.

UAS Pilot
– A person who is piloting (physically) the flight of the UAS.

UAS Visual Observer – Ground-based observers who assist with operations and will assist the remote pilot in command to utilize the "see and avoid" technique by scanning the area for air traffic or possible hazards.

UAS Team – Team of assigned and authorized personnel associated with the operation of the UAS.

Drone as a First Responder (DFR) - The use of UAVs to respond to emergency calls, providing real-time video feeds and information to first responders in the field and in a command center.

EXHIBIT 2

City Council
15 –
55 2/3/2026

Santa Ana Police Department
Santa Ana PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2026/01/05, All Rights Reserved.

Published with permission by Santa Ana Police Department ***DRAFT*** Unmanned Aerial System - 2 606.2 POLICY
It is the policy of the Santa Ana Police Department to use unmanned aerial systems to enhance the Department's ability to protect lives and property, document crime/collision scenes, and perform a variety of flights that promote public safety and public service. UAS Unit flights will be accomplished efficiently and safely while respecting the law and the privacy of the public. All UAS applications will obey Federal, State, and City laws, and shall respect Constitutional rights, privacy rights, search and seizure regulations, and Federal Aviation Administration (FAA) regulations. 606.3 FAA REGULATIONS AND PRIVACY CONSIDERATIONS
The use of a UAS requires considering the community's privacy. Personnel involved in the deployment of a UAS will consider the protection of individuals' civil rights and reasonable expectation of privacy as a key component of any decision made prior to deploying the UAS. UAS RPIC, pilots, and VOs will ensure operations of the UAS intrude as little as possible upon those who live, work, and visit the area of deployment.

Absent a warrant or exigent circumstances, UAS RPIC and VO who operate a UAS shall adhere to all FAA regulations, including altitude regulations, and will obtain the proper authorization for flight.

Operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy and shall take reasonable precautions to avoid inadvertent recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions may include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations to minimize inadvertent video or still images of uninvolved persons. The need, availability, and use of the UAS will not supersede the issuance of a warrant when otherwise required. 606.4 UAS UNIT PERSONNEL
The UAS Unit is a collateral assignment that includes both sworn and civilian personnel from the City. Regardless of which City department the personnel belong to, all UAS Unit personnel shall abide by this policy.
606.4.1 UAS UNIT COMMANDER
The Chief of Police will appoint a UAS Commander, who will be responsible for managing the UAS program. The UAS Commander will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities:
(a) Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring the COA is current, and/or coordinating compliance with FAA Part 107 Remote Pilot Certificate, as appropriate for department operations. (b) Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS.
(c) Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

City Council
15 –
56 2/3/2026

Santa Ana Police Department
Santa Ana PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2026/01/05, All Rights Reserved.

Published with permission by Santa Ana Police Department ***DRAFT*** Unmanned Aerial System - 3 (d) Coordinating the completion of the FAA Emergency Operation Request Form in emergency situations, as applicable (e.g., natural disasters, search and rescue, emergency situations to safeguard human life).
(e) Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
(f) Implementing a system for public notification of UAS deployment. (g) Developing an operational protocol governing the deployment and operation of a UAS including but not limited to safety oversight, use of visual observers, establishment of lost link procedures, and secure communication with air traffic control facilities. (h) Developing a protocol for fully documenting all missions. (i) Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. (j) Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
(k) Developing protocols that ensure retention and destruction periods are maintained in accordance with established records retention schedules. (l) Facilitating law enforcement access to images and data captured by the UAS. (m) Recommending program enhancements, particularly regarding safety and information security.
(n) Ensuring that established protocols are followed by monitoring and providing annual reports about the program to the Chief of Police.
(o) Maintaining familiarity with FAA regulatory standards, state laws and regulations, and local ordinances regarding the operations of a UAS.
606.4.2 UAS UNIT SERGEANT
The UAS Unit Commander shall select a Police Sergeant, subject to the Chief's approval, to serve as the supervisor of the UAS unit. The sergeant is responsible for the following:
(a) Ensuring that all flight operations personnel understand and adhere to applicable regulatory requirements, standards, and organizational safety policies and procedures concerning UAS operations.
(b) Observing and controlling safety systems by monitoring and supervision of UAS pilots and observers.
(c) Monitoring pilot/observer performance compliance with organizational goals, objectives, and regulatory requirements.
(d) Maintaining standards and the practices of UAS Unit personnel.

City Council
15 –
57 2/3/2026

Santa Ana Police Department
Santa Ana PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2026/01/05, All Rights Reserved.

Published with permission by Santa Ana Police Department ***DRAFT*** Unmanned Aerial System - 4 (e) Ensuring that the UAS safety officer receives the proper training to fulfill the duties of this role.
606.4.3 UAS PILOTS
(a) To be considered for selection as a UAS pilot, applicants must be in good standing with the Santa Ana Police Department and meet any other standards required by the UAS Commander.
(b) A UAS pilot's primary duty is the safe and effective operation of the Santa Ana Police Department's UAS in accordance with the manufacturer's approved flight manual, FAA regulations, and agency procedures. Pilots must remain knowledgeable of applicable FAA regulations, the UAS manufacturer's flight manual, and Department policy. (c) Pilots must maintain a valid FAA Part 107 certificate. (d) To fly a flight (other than flights required for initial training or currency), pilots must have completed department-required UAS training, as may be modified from time to time, including three (3) UAS currency events, within the previous 90 days. Currency events include landings, takeoffs, and simulator flights. (e) Night flight requirements are the same as those in subsection (d), but the currency events must be completed at night. A simulator may not be used to complete night currency.
(f) UAS pilots may be removed from the UAS Unit and/or flight status at any time by the UAS Unit Commander for reasons determined by the UAS Unit Commander. These reasons may include, but are not limited to, performance, proficiency, and the like. 606.4.4 UAS FLIGHT SAFETY OFFICER
Safety is the responsibility of all UAS Unit members. A UAS unit member may be designated as the UAS flight safety officer. The position will be in addition to other duties. The flight safety officer's duties may include:
(a) To copy and circulate pertinent safety information. (b) Assist the sergeant in debriefing training sessions with an emphasis on safety concerns.
(c) Periodically preparing a bulletin that contains reported safety-related problems and corrective actions taken. If there were any in-flight problems, the proper procedures for handling that problem will be discussed.
606.5 DRONE AS A FIRST RESPONDER (DFR) UNIT PERSONNEL This policy authorizes the use of UAS as a DFR to assist first responders in the course of their duties to increase safety, reduce the risk of injury to officers, suspects, and bystanders, and increase the likelihood of bringing incidents to successful resolutions. General examples of such use include: responding to calls for service, providing overwatch, assisting with directed (specific purpose) patrol efforts, and assisting field personnel in the performance of their duties. The DFR Pilots can authorize the use of the UAS in this capacity on established DFR shifts.

City Council
15 –
58 2/3/2026

Santa Ana Police Department
Santa Ana PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2026/01/05, All Rights Reserved.

Published with permission by Santa Ana Police Department ***DRAFT*** Unmanned Aerial System - 5 The DFR Unit shall consist of sworn members of the Police Department. Management of the DFR Unit is the responsibility of the UAS Commander, and coordination of the DFR Unit is the responsibility of the assigned UAS sergeants. All DFR Unit personnel shall abide by this policy. 606.5.1 DFR PILOT
(a) To be considered for selection as a DFR pilot, applicants must be in good standing with the Department and meet any other standards required by the UAS Commander. (b) A DFR pilot's primary duty is the safe and effective operation of the Department's UAS in accordance with manufacturers' approved flight manual, FAA regulations, and agency procedures. Pilots must remain knowledgeable of applicable FAA regulations; the UAS manufacturer's flight manual, and this policy.
(c) Pilots must maintain a valid FAA Part 107 certificate. (d) To fly a flight (other than flights required for initial training or currency), pilots must have completed department-required UAS training, as may be modified from time to time, including three (3) UAS currency events, within the previous 90 days. Currency events include landings, takeoffs, and simulator flights. (e) Night flight requirements are the same as those in subsection (d), but the currency events must be completed at night. A simulator may not be used to complete night currency.
(f) DFR pilots may be removed from the UAS Unit and/or flight status at any time by the UAS Unit Commander, for reasons determined by the UAS Unit Commander. These reasons may include, but are not limited to, performance, proficiency, and the like. 606.6 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.

Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.

UAS operations should be conducted in accordance with FAA regulations. 606.6.1 AUTHORIZED UAS FLIGHT TYPES
UAS are intended to serve as a benefit to public safety and/or public service, improve operational safety, or help manage incidents or events. Authorized UAS use is permissible only in areas where there is no protected privacy interest at issue, when in compliance with a search warrant or court order, or in emergency or exigent circumstances. This policy authorizes the use of a UAS to assist in the following types of incidents:
(a) Incident documentation/diagramming
(b) Field operations support

City Council
15 –
59 2/3/2026

Santa Ana Police Department
Santa Ana PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2026/01/05, All Rights Reserved.

Published with permission by Santa Ana Police Department ***DRAFT*** Unmanned Aerial System - 6 (c) Investigative support
(d) Searches for missing persons
(e) Search and rescue
(f) Explosive device investigation support
(g) Illegal fireworks deterrence and enforcement
(h) Firefighting/Investigation support
(i) Tactical operation support
(j) Disaster/mass casualty response support
(k) Event planning and management
(l) Training
(m) Drone as a First Responder
(n) Any incident where the UAS will provide enhanced safety to the Community or responding members without compromising the Community's privacy rights and with the authorization of an Incident Commander, Watch Commander, or the UAS Commander
(o) Community event support
When the UAS is being flown pursuant to any of the authorized uses above, onboard cameras will be directed away from occupied structures as feasible, or the recording function will be disabled to minimize the inadvertent capture of video or still images of uninvolved persons. However, it is recognized that under certain exigent circumstances, such as an event/incident involving a threat to members of the public or officer safety, these efforts may not always be feasible or appropriate. 606.6.2 ASSISTING OTHER AGENCIES/CITY DEPARTMENTS
A UAS may be deployed to assist another City Department or other law enforcement or government agency as long as the deployment is authorized by the UAS Unit Commander or higher, and the UAS is operated in accordance with this policy.

In the event operators from other agencies assist the Santa Ana Police Department with the operation of a UAS at a crime scene, any and all data/evidence obtained from the UAS will be provided to the Santa Ana Police Department for chain of custody. This data will be retained according to the Department's Evidence Policy.
606.7 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
(a) To conduct random surveillance activities.
(b) To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. (c) To harass, intimidate, or discriminate against any individual or group.

City Council
15 –
60 2/3/2026

Santa Ana Police Department
Santa Ana PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2026/01/05, All Rights Reserved.

Published with permission by Santa Ana Police Department ***DRAFT*** Unmanned Aerial System - 7 (d) To conduct personal business of any type.

The UAS shall not be equipped with any device or platform capable of employing lethal force.

Notwithstanding the authorized or prohibited uses above, the Bureau Commander or their designee must approve any other use of the UAS not expressly provided for in this Policy. 606.8 UAS OBTAINED DATA
Except for training and demonstration purposes, when the UAS is used to capture video or still images, the recordings shall be reviewed for evidentiary value. Any items of evidentiary value shall be downloaded and booked as evidence under the related case number. Audio and/or images captured by a UAS and booked as evidence shall be retained in accordance with the Department's Evidence Policy.
(a) The collection of data includes, but is not limited to, digital photographs, videos, and IR images, and is limited to the extent necessary to accomplish the mission. (b) As a general rule, the UAS Pilot will not record during operations. (c) If the UAS Pilot determines circumstances exist such that a recording has or may have evidentiary value, the UAS Pilot may record as necessary. (d) Only data that qualifies as having a legitimate training objective or evidentiary value will be retained after a mission is concluded. Any retained data will be uploaded to Evidence.com. All other data will be purged via electronic deletion. Digital flight logs are exempt from this requirement. This data will be stored in accordance with the Department's Records Maintenance and Release Policy.

Department members shall not retain recordings of activities or information obtained during an on-duty UAS deployment. Members shall not duplicate or distribute such recordings, except for authorized legitimate Department business purposes. Unless for official business, recordings of any type shall not be posted to or distributed via the internet, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, text messaging, blogs, forums, video, or other file sharing sites without prior approval from the Chief of Police or their designee.
606.9 TRAINING WITH UAS VIDEO FILES
Video files and images from a UAS deployment may serve as a training tool for individuals, specific units, and the Department. Department members recommending the utilization of a UAS video file for training purposes will submit the recommendation for approval through the chain of command to their Division Commander, who will present the request to the UAS Unit Commander. 606.10 FLIGHT LOGS AND INFORMATION
Following the completion of any flight, UAS pilots will log the date, flight time, and locations of all UAS deployments. All UAS Flight logs shall, at a minimum, note: case number, incident type, purpose of flight, duration of flight, maximum altitude, and specify whether automated flight or manual flight.

City Council
15 –
61 2/3/2026

Santa Ana Police Department
Santa Ana PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2026/01/05, All Rights Reserved.

Published with permission by Santa Ana Police Department ***DRAFT*** Unmanned Aerial System - 8 (a) For DFR flights, the UAS pilot controlling a flight shall complete the automated information fields regarding the purpose of the flight and after-action/ disposition elements.
(b) All UAS flight information shall be included in the established public-facing web portal.

Any flights that are not included in the public-facing web portal must be for a valid reason (such as part of an ongoing investigation, have statutory privacy protections, etc.) and must be approved by the UAS Unit Commander.
606.11 UAS COLLISIONS
(a) If a collision occurs during the operation of the UAS and results in serious injury to any person, any loss of consciousness, or if it causes damage to any property (other than to the UAS itself) in excess of $500 to repair or replace the property, notification shall be made to the Flight Standards District Office located in Long Beach within 10 days, per FAA guidelines.

1. Flight Standards District Office for Orange County https://www.faa.gov/about/ office_org/field_offices/fsdo/lgb/Long Beach Flight Standards District Office (562) 420-1755 - Office Address: 5001 Airport Plaza Drive, Long Beach, CA 90815
(b) While at the scene, the RPIC shall notify the UAS Sergeant or the Incident Commander, who shall respond to ensure photographs of the collision scene and any resulting injuries or property damage are taken. The RPIC shall be responsible for completing an incident report describing the incident and damage. If the collision results in less than $500 in damage, or if the only damage is to the UAS itself, the Pilot shall complete an incident report and notify the UAS Sergeant. In either case, the UAS Sergeant shall conduct or direct a review of the collision to determine if it could have been prevented through maintenance, training, or other measures, and ensure that all necessary paperwork has been submitted. As warranted, the UAS Sergeant or designee should contact the City's Risk Management Division. 606.12 REVIEW OF RECORDINGS
(a) When preparing written reports, written/oral statements, or testimony, members may review UAS recordings as a resource. However, members should not use the fact a recording was made as a reason to write a less detailed report. The UAS Unit Commander or Sergeant may routinely inspect recordings, provided the inspections are reasonable, conducted in good faith, and not for the sole purpose of searching for violations of Department policy or law not related to a specific complaint or incident.

Recorded files may also be reviewed:

1. By an employee, his or her attorney or representative, who is participating in, as a subject or witness, an official investigation, such as a personnel complaint, administrative investigation, or criminal investigation, if the subject officer's image or voice is captured on the recorded file or the officer was present during the incident.

City Council
15 –
62 2/3/2026

Santa Ana Police Department
Santa Ana PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2026/01/05, All Rights Reserved.

Published with permission by Santa Ana Police Department ***DRAFT*** Unmanned Aerial System - 9

2. Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case.

3. By media personnel with permission of the Chief of Police or the authorized designee.

4. In compliance with a public records request, if authorized by law, and in accordance with the Records Maintenance and Release policy. 606.13 MAINTENANCE
A properly maintained UAS is essential to its safe operation. Compliance with the preflight checklist, post-flight inspection, and the immediate repair of mechanical problems will ensure the availability and safety of the Department's UAS.

The UAS Commander will designate a UAS Maintenance Officer who will coordinate maintenance for the UAS. This assignment can be in addition to other duties of a team member or someone outside the UAS Team. Maintenance will be scheduled when it has the least impact on operations, if feasible. The Maintenance Officer shall notify the UAS Sergeant of the UAS's operational status.

The Maintenance Officer shall be responsible for keeping the UAS maintenance record updated.

Maintenance records shall be retained as provided in the established records retention schedule. 606.14 STORAGE
UAS and associated equipment shall be stored in a secure location at the Department or an approved off-site location, and UAS shall not be operated for personal use.

City Council
15 –
63 2/3/2026

City Manager’s Office
www.santa-ana.org/cm
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 3, 2026
TOPIC: Resolution for Police Oversight Commission Bylaws

AGENDA TITLE
Resolution for Police Oversight Commission Bylaws

RECOMMENDED ACTION
Adopt a Resolution for the Police Oversight Commission Bylaws.

RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA APPROVING INITIAL BYLAWS FOR THE POLICE

OVERSIGHT COMMISSION
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Police Oversight Commission was established by the Santa Ana City Council to provide civilian oversight, transparency, and accountability regarding policing practices within the City of Santa Ana.

During its regularly scheduled meetings on March 13, April 10, May 8, and July 10, 2025, the Commission held open discussions regarding the development of its Bylaws. At the October 9, 2025, meeting, after considering the feedback received, the Commission reviewed and unanimously approved (7–0) a draft version of the Bylaws.

The proposed bylaws formalize the Commission’s governance structure, roles, responsibilities, procedures, and operating rules to ensure consistent, transparent, and effective functioning. Approval of the bylaws will provide clarity to Commissioners, City staff, and the public regarding how the Commission conducts its business, fulfills its advisory and oversight responsibilities, and interfaces with the Santa Ana Police Department, the City Council, and the community. Non-substantial clerical edits have been included since the Commission’s approval.

Adoption of the bylaws is in accordance with Santa Ana Municipal Code Section 2-669, which stipulates that the City Council shall adopt the rules for the transaction of business of the Commission.

City Council
16 –
1 2/3/2026

Resolution for Police Oversight Commission Bylaws
February 3, 2026

5 5
2 2

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

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

EXHIBIT(S)

1. Resolution – Santa Ana Police Oversight Commission Bylaws Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager

City Council
16 –
2 2/3/2026

Resolution No. 2026-XXX

RESOLUTION NO. 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SANTA ANA APPROVING INITIAL BYLAWS FOR

THE POLICE OVERSIGHT COMMISSION

WHEREAS, on September 1, 202 0, Ordinance No. NS-2992 was adopted by the City Council, modernizing the municipal code by organizing and consolidating all boards, commission, and committee matters into Chapter 2; and

WHEREAS, on November 15, 2022, Ordinance No. NS-3029 was adopted by the City Council, establishing the Police Oversight Commission (“Commission”); and

WHEREAS, Santa Ana Municipal Code Sec. 2 -669 requires the Commission to develop rules for the transaction of business; and

WHEREAS, at its meeting of October 9, 2025, the Com mission unanimously approved bylaws for the conduct of the Commission; and

WHEREAS, Santa Ana Municipal Code Section 2 -669 requires that the City Council approve the Police Oversight Commission rules/bylaws.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1 . The bylaws for the Police Oversight Commission, attached as Exhibit A, are hereby approved.

Section 2. This Resolution shall take effect immediately upon the signing of this Resolution by the City Council and the City Clerk shall attest to and certify this the vote adopting this Resolution.

ADOPTED this 3rd day of February, 2026.

_______________________
Valerie Amezcua
Mayor

City Council
16 –
3 2/3/2026

Resolution No. 2026-XXX

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
Jonathan T. Martinez
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February 3, 2026.

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

City Council
16 –
4 2/3/2026

THE SANTA ANA POLICE OVERSIGHT COMMISSION
BYLAWS
ARTICLE I – THE COMMISSION

SECTION 1. Name of Commission . The name of the Commission shall be the Santa Ana Police Oversight Commission.

SECTION 2. Duties of the Chair . The chair shall preside at all the meetings of the Commission, authorize calls for any special meetings, and execute all documents authorized by the Commission.

SECTION 3. Duties of the Vice-Chair. The vice-chair shall perform the duties of the chair in the absence or incapacity of the chair; and in the case of the resignation or death of a chair, the vice-chair shall perform duties as are imposed on the chair until such time as the Commission shall elect a new chair.

SECTION 4. Vacancy of Office. The Commission, in the event of a vacancy in the office of chair or vice-chair, shall elect one of its members to the unexpired term.

SECTION 5. Recording Secretary. The TheCity Clerk’s Office shall appoint an employee to serve as Recording Secretary of the Commission, who shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office.

SECTION 6. Additional Duties of Commission Officers. The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission, the Santa Ana Municipal Code, the bylaws, or rules and regulations of the Commission.

ARTICLE II - ELECTIONS

SECTION 1. Selection of Officers and Terms. The chair and vice-chair shall be elected pursuant to the requirements set forth in Section 2-328 of the Santa Ana Municipal Code.

Nominations for officers shall be made in person.

ARTICLE III – MEETINGS

SECTION 1. Time and Place.

a. Regular Meetings. Regular meetings of the Commission shall be monthly, on the second Thursday of the month, held at the Council Chamber, 22 Civic Center Plaza, Santa Ana, at 5:00 p.m., as established by the Commission and in accordance with Section 2 -660, et. seq. of the Santa Ana Municipal Code.

City Council
16 –
5 2/3/2026

b. Special Meetings. Special meetings may be called at the direction of the Chairperson, or by a majority of the Commission members, subject to the availability of staff and subject to final approval by the City Manager.

SECTION 2. Quorum. A majority of the Commission shall constitute a quorum for the action of business.

SECTION 3. Order of Business. At the regular meetings of the Commission, the following will be the order of business:

1. Call to Order

2. Pledge of Allegiance

3. Public Comments

4. Consent Calendar

5. Business Calendar

6. Commissioner Requested Item (if any)

7. Work Study Session (if any)

8. Staff Presentations (if any)

9. Staff Comments

10. Commissioner Comments
SECTION 4. Absences. A notification of non-attendance to the Recording Secretary by either e -mail, telephone or through message relayed by staff or other Commission member(s) may be deemed as an “excused absence” after consideration by a majority vote of the Commission. Failure to give notification of non-attendance as described herein shall be deemed as “unexcused”.

SECTION 5. Manner of Voting. The voting on Commission agenda items shall be entered upon the minutes of such meeting with the ayes and the noes and any abstentions set forth with specificity.

SECTION 6. Discussion. Each commissioner may speak for up to five minutes on an agenda item, if he/she desires. Once all commissioners have had the opportunity to speak, commissioners may speak again for an additional three minutes when recognized by the chair.

SECTION 7. Commissioner Vacancy . If a member of the Commission absents himself/herself from two (2) regular meetings of the commission, consecutively, unless by permission of the Commission expressed in its official minutes, or fails to attend at least one-half (1/2) of the regular meetings of the Commission within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a qualified Commissioner of the city, the office sha ll become vacant and shall be so declared by the City Council.

Canceled meetings shall not be considered when evaluating the number of meetings missed by a Commissioner.(Municipal Code Section 2-326(c))

City Council
16 –
6 2/3/2026

SECTION 8. Abstentions and Conflicts of Interest. No member of the Commission shall abstain from any vote unless disqualified. If a member of the Commission feels that he/she is disqualified from voting, the member shall openly state the fact and the nature of the disqualification, and then leave the room during the debate and vote on the matter.

SECTION 9. Appointment/Removal. The Commissioners shall be subject to appointment and removal and shall serve terms in accordance with Section 2-326 of the City of Santa Ana Municipal Code.

SECTION 10. The Agenda. If a Commissioner wishes to propose an item for placement on a future Meeting Agenda, the Commissioner shall prepare and submit a written memorandum describing the proposed item and consult with the Police Oversight Director and the City Manager prior to its consideration by the Commission. The memorandum shall be included for consideration at the next regular meeting as a Commissioner requested item but, if not practicable, it shall be considered at the following regular meeting. The Commission may, by a majority vote of its members present, direct that the proposed item be added to the agenda for a future meeting. The City Manager or their designee also has the discretion for placing items on the Meeting Agenda.

SECTION 11. Processing of Motions. A motion shall be made and seconded. If any debate then follows and it is likely that there will be confusion as to the motion, the chair or any interested party should ask the Commission Secretary to read it from their notes.

A motion may not be withdrawn or modified by the mover without the consent of the second.

SECTION 12. Consent Items. All matters listed under consent items on the agenda are considered routine and will be acted upon by the Commission without discussion, unless any Commission member wishes to discuss the item. In that event, the chair will remove that item from the consent calendar and place it on the agenda for separate consideration.

SECTION 13. Brown Act Compliance . All proceedings of the Commission, including closed-session matters, shall be conducted in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.), as amended from time to time.

ARTICLE V. SCOPE

SECTION 1. Powers and Duties. The Commission’s role and authority shall be governed by Section 2 -660, et seq. of the Santa Ana Municipal Code, and/or any other state or federal laws where applicable.

SECTION 2. Police Oversight Director. The role and authority of the Police Ov ersight Director shall be governed by Section 2-660, et seq. of the Santa Ana Municipal Code, and/or any other state or federal laws where applicable.

City Council
16 –
7 2/3/2026

ARTICLE VI. CONDUCT OF COMMISSIONERS

SECTION 1. Enforcement. If any Commissioner is found by a majority of the Commission to be in violation of any section of these Bylaws of the Police Oversight Commission or Code of Ethics and Conduct, the Commission may, upon majority vote, take any or all of the following actions:

a. Prepare a letter informing the City Council of a breach of the Bylaws and/or Code of Ethics and Conduct; and/or

b. Prepare a letter to the City Council requesting action be taken to address the situation, pursuant to any applicable provision of the Santa Ana Municipal Code.

SECTION 2. The City of Santa Ana Code of Ethics and Conduct. The Commission hereby adopts and incorporates by reference the Code of Ethics and Conduct, originally adopted by the City Council of the City of Santa Ana on June 2, 2008, and as may be amended from time to time by the City Council. All Commissioners shall be required to abide by the rules and regulations of said Code of Ethics and Conduct.

ARTICLE VII. CONDUCT OF PUBLIC HEARINGS
SECTION 1. Matters to be Considered. The Commission shall hold publ ic hearings as mandated by law. As to each public hearing, the chair shall state the matter before the Commission, and open the public hearing. Staff presents a report, and then the chair shall then recognize any members of the public wanting to speak with regard to the matter.

SECTION 2. Time Limit to Address Commission. No person addressing the Commission shall speak more than three (3) minutes All persons addressing the Commission shall be recognized by the chair and shall state their name and address prior to speaking.

SECTION 3. Closing the Hearing. After all speakers have been heard, the chair shall declare the hearing closed. A closed hearing may be reopened only on motion and vote as hereinafter provided. After close of the hearing, members of the Commission may publicly discuss the matter before them and may ask questions of persons who have spoken before the Commission. Upon conclusion of the discussion, the chair shall ask for a motion declaring the decision of the Commission. The motion shall be made and seconded. Prior to a vote, the motion may be discussed by members of the Commission.

ARTICLE VIII. ACTION ON ITEMS

SECTION.1 Appeal of Decision. Any decision or ruling of the chair may be appealed to the Commission by request of any member. The chair shall call to see if the chair shall be upheld.

SECTION -2. Processing of Motions. A motion shall be made and seconded. If any debate then follows, and it is likely that there will be confusion as to the motion, the chair

City Council
16 –
8 2/3/2026

should ask the Recording Secretary to read from his/her notes. A motion may not be withdrawn by the mover without the consent of the second and the approval of the Commission.

SECTION3. Motion by Chair. The chair has the right to make or second motions and, in his/her absence, when the vice-chair is acting in the same capacity, he/she has the same right, using discretion and tact as to recognition of other members.

SECTION4. Priority of Motion. When a motion is before the Commission, no motion shall be entertained except (1) to adjourn, (2) to fix hour of adjournment, (3) to lay on the table, (4) for the previous question, (5) to postpone to a certain day, (6) to refer, (7) to amend, and (8) to postpone indefinitely. These motions shall have precedence in the order indicated.

SECTION5. Decision. A decision made by the Commission is made by vote of the Commission on the motion to declare the decision of the Commission.

SECTION6. Motion to Approve or Deny. The vote is affirmative when a motion to approve the matter before the Com mission is approved by the majority. In the event a motion to deny fails to carry, the chair shall call for a motion to approve.

SECTION7. Tie Vote. In the event of a tie vote on a motion, the motion shall be deemed to have failed, and the Minutes shall reflect same.

SECTION8. Amendment of Bylaws. The Bylaws of the Commission shall be amended only with the approval of a two -thirds (2/3) majority of members of the Commission at a regular or special meeting, and must be subsequently confirmed by majority vo te of the Santa Ana City Council.

SECTION9. Vote Required on Other Motions. The vote required to decide motions in the affirmative shall be the vote of more than one-half of the members of the Commission present.

SECTION10. Order of Voting. When a motion has been made and seconded, the members of the Commission supporting the motion shall indicate their votes verbally or by a show of hands.

SECTION11. Motion to Reconsider. Any member who voted with a majority may move a reconsideration of any action at the same time or “have entered on the minutes” for vote at the next succeeding meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent.

SECTION12. Parliamentary Procedures. The current edition of Rosenberg’s Rules of Order shall be the authority on all questions of parliamentary procedure, unless in conflict with the Santa Ana Municipal Code, the laws of the State of California or these bylaws.

City Council
16 –
9 2/3/2026

Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 3, 2026
TOPIC: Second Reading and Adopt an Ordinance Amending Chapter 2, Article VII of the Santa Ana Municipal Code Specifying the Procurement and Contracting Procedure for Vehicle and Vehicle Related Equipment Purchases

AGENDA TITLE
Second Reading and Adoption of an Ordinance Amending Chapter 2 of the Santa Ana Municipal Code as to Section 2-748 Specifying the Procurement and Contracting Procedure for Vehicle and Vehicle Related Equipment Purchases First reading January 20, 2026 City Council meeting and approved by a vote of (7-0).

Legal notice published in OC Reporter on January 23, 2026.

RECOMMENDED ACTION
Conduct a second reading and adopt an ordinance amending Section 2-748 of Article VII, of Chapter 2 of the Santa Ana Municipal Code (SAMC) specifying the procurement and contracting procedure for vehicle and vehicle related equipment purchases.

ORDINANCE NO. NS-3089 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE AS TO SECTION 2-748 SPECIFYING THE PROCUREMENT AND

CONTRACTING PROCEDURE FOR VEHICLE AND VEHICLE RELATED

EQUIPMENT PURCHASES
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
At its January 20, 2026, regular meeting, the City Council approved the first reading of an ordinance amending section 2-748 of Article VII, of Chapter 2 of the Santa Ana Municipal Code (SAMC) specifying the procurement and contracting procedure for vehicle and vehicle related equipment purchases by a vote of 7-0.

The ordinance amends section 2-748 of Chapter 2 Administration, to add subsection (d) Pre-Authorization by City Council for Vehicle Purchases authorizing the City Manager to bind the City on contracts and purchases issued to successful vendors immediately following completion of competitive bidding or through justified non-bid purchases within City Council-approved not-to-exceed amounts.

City Council
17 –
1 2/3/2026

Second Reading and Adopt an Ordinance Amending Chapter 2, Article VII of the Santa Ana Municipal Code Specifying the Procurement and Contracting Procedure for Vehicle and Equipment Purchases
February 3, 2026

5 5
2 9
No changes to the ordinance were made by City Council. A copy of the ordinance for second reading and adoption is attached to this report as Exhibit 1.

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

FISCAL IMPACT
There is no quantifiable fiscal impact associated with the proposed ordinance. All vehicle and equipment contracts and purchases executed under the amended authority would be limited based on the annual vehicle and equipment procurement staff report approved by City Council.

EXHIBIT(S)

1. Ordinance amending Chapter 2, Article VII, Section 2-748 Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
17 –
2 2/3/2026

Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE AS TO SECTION 2-748 SPECIFYING

THE PROCUREMENT AND CONTRACTING PROCEDURE

FOR VEHICLE AND VEHICLE RE LATED EQUIPMENT

PURCHASES

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:

Section 1. Section 2-748 of Article VII, of Chapter 2 of the Santa Ana Municipal Code is hereby amended to add subsection (d) and read as follows:

Sec. 2-748.- City manager’s contracting authority.
(a) Non-public works contracts.
(1) The city manager is authorized to bind the city to any one (1) or more written non-public works contract, per vendor, in an amount or amounts not exceeding the sum of fifty thousand dollars ($50,000.00) per department, and per each Fiscal Year. For purposes of this section, a non-public works contract shall mean any contract not deemed to be a public works contract under subsection (b)(1). (2) The city manager is hereby authorized to bind the city on amendments to any one (1) non-public works contract when such amendment for any one (1) non-public works contract, together with any previously approved amendments for said contract, do not cumulatively amount to an increase of the city's expenditure obligation under said contract of more than twenty (20) percent of the original contract amount. (b) Public works contracts.
(1) The city manager is authorized to bind the city to any one (1) or more written public works contract, per vendor, in an amount or amounts not exceeding the sum of five hundred thousand dollars ($500,000). For purposes of this section, a public works contract shall be deemed to mean a project for the erection, improvement, and/or maintenance, inspection, testing and repair of public buildings, streets, drains, sewers, or parks.
(2) The city manager is authorized to bind the city to any one (1) written contract for emergency public works construction in an amount not exceeding the sum of five hundred thousand dollars ($500,000).
(3) The city manager is hereby authorized to bind the city on change orders to any one (1) public works contract, when such change order for any one (1) public works contract, together with any previously approved change orders for said contract, do not

City Council
17 –
3 2/3/2026

Ordinance No. NS-XXX

cumulatively amount to an increase of the city's expenditure obligation under said contract of more than twenty (20) percent of the original contract amount. (c)Website access and search features.
(1) All agreements approved by the City Manager shall be posted to the City's website on a quarterly basis.
(2) The City's website shall provide search capabilities allowing users to search any and all agreements approved by the city manager based on words, phrases, and dollar amounts.
(d) Pre-Authorization by City Council for Vehicle Purchases. (1) Upon application, the City Council may pre-authorize the City Manager to procure and execute contracts and purchases for vehicles and vehicle-related equipment.
(2) An application to the City Council shall include:
(A) General terms of the proposed procurement, contracts and purchases, including a description of the vehicle or equipment, proposed duration, and relevant contractual terms and conditions.
(B) Detailed budget and fiscal impact for all aspects of the proposed contracts and purchases, including the maximum to be expended, breakdown of all costs, and funding source.
(C) Method or methods of procurement to be utilized, demonstrating compliance with City’s Purchasing Rules and Regulations. (D) Discussion detailing the public benefit served by the proposed pre- authorization and City Manager’s recommendation for approval. (3) Upon receipt of the City Manager’s application and accompanying report, the City Council shall review the documentation and, if satisfied the proposed actions are in the public interest, may pre-authorize the City Manager to proceed with the procurement and execution of contracts and purchases as recommended. (4) If approved by City Council, authority pursuant to this Section shall be valid for a period of one (1) year from date of approval, unless otherwise specifically noted in the Council’s Action.
(5) All contracts and purchases executed pursuant to this Section shall be reported by the City Manager as outlined in Subsection (c), above.

Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining

City Council
17 –
4 2/3/2026

Ordinance No. NS-XXX

portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

S ection 3. This Ordinance shall become effective thirty (30) days after its adoption.

S
ection 4. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published as required by law.

ADOPTED this day of _________, 2026.

_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By: ____________________________
Kyle Nellesen
Assistant City Attorney

AYES: Councilmembers

NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, JENNIFER L. HALL,
City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXXXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2026.

Date: _________________ _______________________ Jennifer L. Hall
City Clerk
City of Santa Ana

City Council
17 –
5 2/3/2026

Planning and Building Agency
www.santa-ana.org/
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 3, 2026
TOPIC: Appeal Application No. 2025-02 Appealing the Decision of the Planning Commission to Approve Conditional Use Permit No. 1982-18-MOD-1 to Allow the Expansion of a Private School at 5311 W. McFadden Avenue

AGENDA TITLE
Appeal Application No. 2025-02 Appealing the Planning Commission Approval of Conditional Use Permit No. 1982-18-MOD-1 to Allow the Expansion of a Private School at 5311 W. McFadden Avenue
Legal notice published in the OC Reporter on January 23, 2026 and notices mailed on same date.

RECOMMENDED ACTION
Adopt a resolution denying Appeal Application No. 2025-02, thereby upholding the Planning Commission’s approval of a resolution to approve Conditional Use Permit No. 1982-18-MOD-1 allowing the expansion of a private school at 5311 W. McFadden Avenue (APN 108-073-13).

RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2025-02 AND

UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 1982-18-MOD-1 AS CONDITIONED TO

FACILITATE THE CONSTRUCTION OF A NEW PRIVATE SCHOOL BUILDING WITHIN AN EXISTING CHURCH CAMPUS LOCATED AT 5311 WEST MCFADDEN AVENUE (APN: 108-073-13)
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Executive Summary
Rev. Fr. Karekin Bedourian with Ari Guiragos Minassian School, representing Forty Martyrs Armenian Church (“Property Owner”), requested approval of Conditional Use

City Council
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1 2/3/2026

Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026

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Permit (CUP) No. 1982-18-MOD-1 to modify previous entitlement CUP No. 1982-18, allowing a church and private school uses. The approved entitlements for the site included Variance No. 1982-20 for a reduction in overall required parking. Rev. Fr. Bedourian requested the modification of CUP No. 1982-18 to facilitate the construction of a new building to modify and expand the existing private school operations at 5311 W.

McFadden Avenue (“Project”). Pursuant to Section 41-232.5(c) of the Santa Ana Municipal Code (SAMC), private schools located in the Single-family Residence (R1) zoning district require approval of a CUP. Moreover, pursuant to Section 41-649, any modification of an approved CUP shall necessitate the refiling of a new application. Staff recommended approval of the original request because it deemed that the project met and satisfied all five of the specified findings of fact required by SAMC Section 41- 638(a)(1) for approval of a CUP. Pursuant to SAMC Section 41-638(a)(1), approval of a CUP is contingent on all five of the specified findings of fact contained therein being satisfied.

Planning Commission Action and Background
On October 27, 2025, the Planning Commission received a report and staff presentation, as well as public comments, during a public hearing for the proposed Project. Following staff’s presentation, the Planning Commission took comments from the public, including the appellant, on the proposed Project. Following staff’s analysis and recommendation, the Commission voted 6:1 (Ayes: Commissioners Benninger, Escamilla, Oliva, Pham, Ramos, and Woo; Absent: Leo) to adopt a resolution approving CUP No. 1982-18-MOD-

1. On November 5, 2025, appellant Anthony Gutierrez (“Appellant”), on behalf of the Sally C. Gutierrez Trust, filed Appeal Application No. 2025-02 (Exhibit 1) pertaining to the Planning Commission’s approval of CUP No. 1982-18-MOD-1. Following receipt of the appeal application, City staff encouraged Forty Martyrs Armenian Church and the appellant to meet in order to discuss reaching a resolution that addresses the appellant’s concerns. While Forty Martyrs made several attempts to reach the appellant, appellant remained unresponsive.

Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, or modify the original decision, and may make any additional determinations it shall consider appropriate within the limitations imposed by the SAMC.

Project Description
The proposed project is within an existing 1.7-acre (74,188 sq. ft.) campus, located northwest of the intersection of McFadden Avenue and Euclid Street. The site is currently developed with an existing church building that is 5,500 square feet in size and a private

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2 2/3/2026

Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026

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school building 17,500 square feet in size, serving students from pre-kindergarten to sixth grade. The Project proposes to construct a new two-story, 4,846-square-foot building located at the rear (north) portion of the site. The proposed building will feature contemporary architectural design to complement the existing church and private school facilities. The structure will have a maximum height of 32.5 feet and includes a 13.5-foot ground-level opening to allow vehicular circulation beneath the second-story classrooms.

The second floor will extend over the two-way drive aisle, providing additional classroom space while maintaining safe on-site circulation for staff and visitors.

The first floor will include a 274-square-foot lobby, a single-stall restroom, and a 502- square-foot classroom. The second floor will consist of three classrooms measuring 587, 417, and 622 square feet, respectively, and a 709-square-foot laboratory. Two of the proposed classrooms are designated to support the existing elementary school grade levels, which currently serves students from pre-kindergarten through sixth grade. These classrooms will provide additional space to reduce the overall class sizes for the existing grade levels. The remaining two classrooms are specifically allocated to accommodate the new seventh and eighth grade levels, thereby allowing the school to expand its curriculum and retain students through middle school. In addition, the proposed laboratory is intended to serve students across all grade levels, from pre-kindergarten through eighth grade. As currently constructed, student enrollment is approximately 180 students; with the proposed expansion, the student enrollment will be approximately 195 students, representing an eight-percent (8%) increase.

The existing site maintains the required landscaped setbacks with ground cover, shrubs, and trees. The existing landscape includes three 24-gallon trees, a shrub hedge that is approximately five feet tall and ten feet wide, and drought-tolerant shrubbery along the front-yard setback. Additionally, the site contains 25 trees throughout the parking lot and around the church and existing school buildings, which are proposed to remain.

Furthermore, the site includes an existing playground located at the rear of the property, which also functions as a parking area when the school is not in session. The playground is utilized exclusively during school hours and is used as parking during the church’s hours of operation. No expansion or physical modification of the playground area is proposed as part of this request, and its dual use will continue to operate as it does under existing conditions.

Site and Project Background
In 1982, the Planning Commission approved CUP No. 1982-18 and Variance No. 1982- 20, allowing the construction of a new church building and a private school designed to serve students in kindergarten through ninth grade. The CUP allowed the church and private school uses in the R1 zoning district and the variance allowed the reduction in parking.

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Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026

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At the time of construction, the private school facility was designed to accommodate elementary students, serving pre-kindergarten through sixth grade. While CUP No. 1982- 18 allowed the private school use extending through ninth grade, the 17,500-square-foot building did not provide the necessary floor area or capacity to serve students above the sixth grade. Furthermore, the school’s operational program and curriculum were limited to elementary education, and no middle school grades were implemented under the existing CUP. Since its original construction, the City has not received a significant amount of complaints regarding noise, circulation, parking, lighting, or other quality-of-life impacts from residents or owners of the surrounding properties.

Analysis of Appeal
Pursuant to Section 41-645 of the SAMC, an appeal from a decision of the Planning Commission can be made by an interested party, individual, or group. An appeal application was received appealing the Planning Commission’s decision to approve CUP No. 1982-18-MOD-1.

The appellant is requesting the following actions:

1. Vacate the Planning Commission’s approval of CUP No. 1982-18-MOD-1;

2. Remand consideration of CUP No. 1982-18-MOD-1 back to the Planning Commission;

3. Conduct at minimum an Initial Study as part of the CEQA analysis that accompanies re-consideration of CUP No. 1982-18-MOD-1 by the Planning Commission; and

4. Demonstrate that the project is compatible with neighborhood context, and if it cannot demonstrate compatibility, deny the project.

The Planning Commission agenda packet prepared for the Project contained all necessary information for the Planning Commission to evaluate the applicant’s request and is provided as Exhibit 3 to this report. A copy of the submitted appeal application is provided as Exhibit 1, and a detailed analysis of and response to the eight claims made in Appeal Application No. 2025-02 is provided as Exhibit 6.

Planning Commission Determination Supporting Approval
CUP requests are governed by Section 41-638 of the SAMC, and modifications to existing CUPs require a new application under Section 41-649. A CUP may be granted if it can be demonstrated that the proposed project will not adversely impact the community or conflict with the General Plan. The requisite findings of fact are detailed in the Planning Commission Staff Report – October 27, 2025 (Exhibit 3) attached to this report, and additional analysis supporting these findings is provided in the sections below.

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4 2/3/2026

Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026

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The Forty Martyrs Armenian Church Middle School requested a modification to its existing CUP to expand its elementary program (pre-kindergarten through sixth grade) by adding seventh and eighth grades. While the original CUP No. 1982-18 approved educational use up to ninth grade, the existing 17,500-square-foot school building was designed for, and has historically served, only elementary grades. The new building is necessary to accommodate the middle school curriculum.

The Project is not intended to substantially increase enrollment. The new facility is designed for a maximum of 32 additional students, with total enrollment expected to grow gradually from approximately 180 to 195 students, primarily by retaining students who would otherwise leave after sixth grade. This modest growth aligns with the existing campus’s capacity and is not anticipated to result in new significant impacts related to noise, traffic, or parking.

The Project complies with applicable development standards, including building height and setbacks. Although the SAMC typically requires 110 parking spaces for the combined school and church uses, the site provides 88 spaces. This is permissible pursuant to AB 2097, a state law which prohibits local government agencies from requiring parking minimums for qualifying sites within one-half mile of major transit stops. Nevertheless, a parking demand analysis that was completed for the project confirmed that the 88 on-site spaces adequately meet operational needs, and the site’s access configuration limits spillover parking into adjacent residential areas.

Student Enrollment and Operations
The expansion supports continuity for families by allowing students to remain at the school through eighth grade. The school’s staggered recess schedule, with breaks at 10:00–10:20 a.m., 12:00–12:45 p.m., and 12:45–1:30 p.m., will remain in place to limit the number of students outdoors at one time and minimize potential noise impacts.

Students in grades five through eight will continue to attend weekly religion classes in the on-site church during regular school hours. These classes will not conflict with church services or create additional operational impacts. Moreover, the school year will continue to operate on the current academic calendar (August through June) with limited summer programming. No new evening or weekend activities are proposed beyond those already in place, ensuring that the expanded program remains consistent with existing operations.

Noise and Lighting
The Project will not create significant noise or lighting impacts. Outdoor play areas will remain as they are, and no new outdoor facilities are proposed. Staggered recess periods will continue to minimize outdoor activity at any one time. No amplified outdoor sound

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5 2/3/2026

Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026

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equipment is proposed, and all activities will continue to comply with the City’s noise ordinance (SAMC Chapter 18).

The new building will include standard security lighting for safety. All fixtures will be equipped with dimmer switches. Additionally, the fixtures will be shielded and directed downward to prevent glare or spillover onto adjacent residential properties. The Project will continue to comply with the City’s outdoor lighting standards, ensuring that nighttime illumination is limited to what is necessary for security. Because the expansion involves only a small increase in enrollment and no significant changes to outdoor facilities or lighting, it will not alter the acoustic or visual environment of the surrounding neighborhood.

Traffic and Circulation
The Project will not result in significant traffic or circulation impacts. A focused traffic study determined that the modest enrollment increase, primarily due to retaining existing students, will not generate substantial additional vehicle trips during peak periods. The school effectively manages circulation through staggered dismissal times, 3:10 p.m. for kindergarten through sixth grade, earlier pick-ups for preschool, and 3:30–5:30 p.m. for after-school programs. Staff-supervised loading zones and on-site security personnel will continue to ensure orderly circulation and pedestrian safety.

Compatibility with Surrounding Uses
The Project site is surrounded by residential neighborhoods to the north and west, a commercial and cultural center to the east, and other religious and educational facilities to the south. Primary access from McFadden Avenue limits traffic intrusion into nearby residential areas. The proposed two-story building’s contemporary architectural design complements the existing church and school facilities and enhances the overall campus character. Its location at the rear of the property reduces visual impacts on neighboring streets and residences.

Overall, the Project is compatible with surrounding institutional and residential uses and will not introduce new adverse impacts related to traffic, noise, or lighting. With compliance with the City’s operational standards and conditions of approval, the Project will continue to support a community-serving use consistent with Santa Ana’s goals for neighborhood cohesion and access to educational resources.

General Plan Consistency
The new proposed school building will not adversely affect the General Plan, as the granting of the CUP would be consistent with various goals and policies of the General Plan. The approval of the proposed Project will be consistent with the General Plan land

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Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026

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use designation of Low Density Residential (LR-7), which is intended to preserve residential neighborhoods. The proposed expansion to the existing private school will contribute to the creation of a complete neighborhood, as intended by the General Plan.

Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 1, 2, 3, and 4 of the Land Use (LU) Element as discussed below.

Goal LU-1 seeks to provide a land use plan that improves the quality of life and respects the existing community. Moreover, Policy LU-1.1 seeks to foster the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed Project will continue to provide a private school to the surrounding community, without disrupting the existing community. As mentioned above, the church campus is not accessed from any of the surrounding residential communities. Therefore, the proposed school building will maintain the aspect of the neighborhood while providing an added service to the community.

Goal LU-2 seeks to provide a balance of land uses that meet Santa Ana’s diverse needs.

Moreover, Policy LU-2.3 seeks to provide a diversity of land uses that support residents, visitors, and businesses, such as areas for community gatherings. The proposed Project will continue to provide a school use where the community can gather during hours of operation and/or during special events.

Goal LU-3 seeks to preserve and improve the character of existing neighborhoods and districts. Moreover, Policy LU-3.1 supports new development which provides a net community benefit and contributes to neighborhood character and identity. The proposed Project will provide additional square footage to the existing school use and church campus. As mentioned above, the new school building will not disrupt the existing neighborhood. Additionally, the proposed architecture is meant to improve the site’s character and the surrounding community.

Goal LU-4 supports a sustainable City through improvements to the built environment and a culture of collaboration. Policy LU-4.1 promotes complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. As proposed, the Project will promote a complete neighborhood by providing school uses to the surrounding residential community within the vicinity. The school will act as an added service for the neighboring properties and nearby neighborhoods.

Since the submission of Appeal Application No. 2025-02, the scope of work for the proposed school expansion has remained the same, and the analysis previously completed for CUP No. 1982-18-MOD-1 continues to be applicable. Furthermore, a detailed summary of the appellant’s claims and staff’s corresponding analysis and responses is provided in Exhibit 6.

City Council
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7 2/3/2026

Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026

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Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations.

ENVIRONMENTAL IMPACT
The denial of Appeal Application No. 2025-02 would result in upholding the Planning Commission’s October 27, 2025, approval of Conditional Use Permit (CUP) No. 1982-18- MOD-1, which in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, is exempt from further review per Section 15314 (Class 14 – Minor Additions to School). The Class 14 exemption consists of minor additions to existing schools within existing school grounds where the addition does not increase the original student capacity by more than 25% or ten classrooms. The proposed school expansion will not increase the student capacity by more than 25% and it only proposes to add four classrooms and one laboratory. Moreover, pursuant to Section 15300.2 (a) through (f) of the CEQA guidelines, exceptions to the CEQA exemptions do not apply to the proposed project because the project is not located on an environmentally sensitive location nor on a hazardous waste site, does not have significant cumulative impact nor significant effect according to the focused traffic study and parking demand analysis documents that are part of the Planning Commission staff report (Exhibit 3), and it will not cause substantial adverse change of a historical resource. Furthermore, the denial of Appeal Application No. 2025-02 would result in upholding the Planning Commission’s approval of CUP No. 1982-18-MOD-1; therefore, there is no environmental impact associated with the denial.

Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-34, will be filed for the proposed project.

FISCAL IMPACT
There is no fiscal impact associated with this action

EXHIBITS

1. Appeal Application No. 2025-02

2. Resolution Denying Appeal Application No. 2025-02 and upholding the Planning Commission’s Approval of CUP No. 1982-18-MOD-1

3. Planning Commission Staff Report – October 27, 2025

4. Planning Commission Minutes – October 27, 2025

5. Architectural Plan Set

6. Response to Appeal Comments
Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager

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2025-02

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Resolution No. 2026-xx

RESOLUTION NO. 2026-xx

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA DENYING APP EAL
APPLICATION NO. 2025-02 AND UPHOLDING

THE DETERMINATION OF THE PLANNING

COMMISSION TO APPROVE CONDITIONAL
USE PERMIT NO. 1982-18-MOD-1 AS

CONDITIONED TO FACILITATE THE

CONSTRUCTION OF A NEW PRIVATE SCHOOL

BUILDING WITHIN AN EXISTING CHURCH
CAMPUS LOCATED AT 5311 WEST MCFADDEN
AVENUE (APN: 108-073-13)

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

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

A. Rev. Fr. Karekin Bedourian with Ari Guiragos Minassian School (“Applicant”), representing Forty Martyrs Armenian Church (“Property Owner”), requested approval of Conditional Use Permit (CUP) No. 1982 - 18-MOD-1 to facilitate the construction of a new building at 5311 W.

McFadden Avenue for a private school that was originally approved under CUP No. 1982-18 and Variance No. 1982-20 (“Project”);
B. On October 27, 2025, the Planning Commission held a duly noticed public hearing for the Project and, by a vote of 6:1 (Ayes: Commissioners Benninger, Escamilla, Oliva, Pham, Ramos, and Woo; Absent: Leo), made required findings and approved CUP No. 1982-18-MOD-1;
C. On November 5, 2025, Anthony Gutierrez, on behalf of the Sally C.

Gutierrez Trust, (“Appellant”) submitted a timely appeal application pursuant to Section 41-645 of the SAMC on forms provided by the Planning Department. The Appellant generally requested that: (1) the City conduct s a de novo review using correct analytical and equity-based procedures; (2) require environmental review prior to any consideration; (3) the City demonstrates that the Project will not affect any of the adjacent residents and adversely impact vulnerable senior and ADA-protected occupants; and (4) should the City be unable to demonstrate that the project can meet the previously mentioned requests, that the City Council overturn the Planning Commission’s decision approving CUP No. 1982-18-MOD-1. Specifically, the Appellant states that:

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Resolution No. 2026-xx

I. The project was approved with procedural deficiencies related to the public notice, access for public review of the project, complex materials that burdened the public, misrepresentation of the proximity to the project site, omission of corridor context, lack of existing classroom enrollment data, inadequate consideration of land use changes, omission of dual use impact on adjacent residential property, failure to include enrollment growth enforcement measures, failure to disclose commercial even use within the corridor, limited public participation during the public hearing, imbalanced hearing structure and opposition time, and reasonable perception of predetermined outcome;
II. The project was approved by using the incorrect CEQA exemption and improper environmental review of the project;
III. The multi-institutional corridor conditions and impacts on the single family residence;
IV. The decision to process the proposed project as a modification to the existing CUP No. 1982-18, rather than a new CUP lead to improper review of the project;
V. The project did not consider residential protection and land use compatibility violations;
VI. The project violates senior residents, Americans with Disabilities Act, and Fair Housing Act by imposing impacts that hinder protected individuals to fully and equally enjoy their homes;
VII. The conditions of approval for the project lack mitigation measures to diminish potential impacts;
VIII. The City failed to evaluate cumulative impacts arising from the addition of the school to the existing institutional uses; IX. The City failed to considered less intrusive or lower impact alternatives; and
X. The approval did not advance the public interest nor uphold equitable treatment of affected residents.

D. Pursuant t o Section 41 -645 of the Santa Ana Municipal Code, the City Council may, after public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41.

E. On February 3, 2026 , the C ity Council conducted a duly noticed public hearing on Appeal Application No. 2025-02;

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Resolution No. 2026-xx

F. Staff presented the following in response to the Appeal: The Appellant does not provide any evidence that the proposed Project would adversely impact the community, pursuant to Section 41 -638 of the SAMC. Specifically, the Appellant does not provide evidence to substantiate that the Project will be a detriment to the general wellbeing of the neighborhood or the community; detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; would adversely affect the present economic stability or future economic development of property in the surrounding area; does not comply with the regulations and con ditions specified in this chapter for such use; and would adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. A comprehensive response on the appeal items previously outlined has been prepared and can be found in Exhibit 6 of the staff report dated February 3, 2026.

Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the application, the Planning Commission’s decision, and the appeal, hereby finds and determines that the Planning Comm ission’s decision was not made i n error, that the Planning Commission’s decision w as not an abuse of discretion by the Planning Commission and that the Planning Commission’s decision was supported by substantial evidence in the record.

Section 3. The denial of Appeal Application No. 2025 -02 would result in upholding the Planning Commission’s October 27, 2025, approval of Conditional Use Permit (CUP) No. 1982 -18-MOD-1, which in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, is exempt from further review per Section 15314 (Class 14 – Minor Additions to School). The Class 14 exemption consists of minor additions to existing schools within existing school grounds where the addition does not increase the original student capacity by more than 25 percent or ten classrooms. The proposed school expansion will not incr ease the student capacity by more than 25 percent and it only proposes to add four classrooms and one laboratory.

Moreover, pursuant to Section 15300.2 (a) through (f) of the CEQA guidelines, exceptions to the CEQA exemptions do not apply to the proposed project because the Project is not located on an environmentally sensitive location nor on a hazardous waste site, does not have significant cumulative impact nor significant effect according to the focused traffic study and parking demand analysis documents that are part of the Planning Commission staff report (Exhibit 3), and it will not cause substantial adverse change of a historical resource. Furthermore, the denial of Appeal Application No. 2025 -02 would result in upholding the Planning Commission’s a pproval of CUP No. 1982 -18-MOD-1; therefore, there is no further environmental impact associated with Appeal Application No. 2025-02.

Based on this analysis, a Notice of Exemption, Environmental Review No. 2023 -34, will be filed for the proposed Project.

Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamu s, and other and proceedings (whether legal, equitable,

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Resolution No. 2026-xx

declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, or ders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 5. The City Council of the City of Santa Ana her eby denie s Appeal Application No. 2025-02, thereby upholding the Planning Commission’s approval of Conditional Use Permit (CUP) No. 1982-18-MOD-1. This decision is based upon the evidence submitted at the above said hearing, which includes , but is not limited to: the Request for City Council Action dated February 3, 2026, and exhibits attached thereto, including the Response to Appeal Comments for Appea l Application No. 202 5-02 in Exhibit A of this resolution , and the public testimony , written and oral , all of which are incorporated herein by this reference.
[Signatures on the following page]
ADOPTED this ____ day of ___________, 2026.

_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney

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Resolution No. 2026-xx

AYES: Councilmembers _______________________________________

NOES: Councilmembers _______________________________________

ABSTAIN: Councilmembers _______________________________________

NOT PRESENT: Councilmembers _______________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2026.

Date: ________________ ____________________________________ City Clerk

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Resolution No. 2026-xx

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Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
October 27, 2025
Topi
c: CUP No. 1982-18-MOD-1 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
RE

COMMENDED ACTION
A
dopt a resolution approving Conditional Use Permit No. 1982-18-MOD-1, as conditioned.

EXEC

UTIVE SUMMARY
R
ev. Fr. Karekin Bedourian with Ari Guiragos Minassian School (“Applicant”), representing Forty Martyrs Armenian Church (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 1982-18-MOD-1 to modify previous entitlement CUP No. 1982-18, allowing a church and private s chool uses. The approved entitlements for the site included Variance No. 1982-20 for a reduction in overall required parking. The Applicant is requesting the modification of CUP No. 1982-18 to facilitate the construction of a new building to modify and expand the existing private school operations at 5311 W.

McFadden Avenue (“Project”). Pursuant to Section 41- 232.5(c) of the Santa Ana Municipal Code (SAMC), private schools located in the Single-family Residence ( R1) zoning district require approval of a CUP . Moreover, pursuant to Section 41- 649, any modification of an approved CUP shall necessitate the refiling of a new application. Staff is recommending approval of the A pplicant’s request due to the facility’s location, proposed operations, and compatibility with surrounding land uses.

DI

SCUSSION
P
roject Description
T
he Project is proposed within an existing 1.7-acre (74,188 sq. ft.) campus, located northwest of the intersection of McFadden Avenue and Euclid Street. The site is currently developed with an existing church building that is 5,500 square feet in size and a private school building 17,500 square feet in size, serving students from pre-kindergarten to sixth grade. The Project proposes to construct a new two- story, 4,846 -square-foot building located at the rear (north) portion of the site. The proposed building will feature contemporary architectural design to complement the existing church and private school facilities. The structure will have a maximum height of 32.5 feet and includes a 13.5- foot ground-level opening to allow vehicular circulation beneath the second-story classrooms.

The second floor will extend over the two-way drive aisle, providing additional classroom space while maintaining safe on-site circulation for staff and visitors.

Exhibit 3 - Planning Commission Staff Report and Exhibit

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CUP No . 1982-18-MOD-1 – Forty Martyrs Armenian Church Middle School (5311 W.

McFadden Avenue)
October 27, 2025

The first floor will include a 274- square-foot lobby, a single- stall restroom, and a 502- square-foot classroom. The second floor will consist of three classrooms measuring 587, 417, and 622 square feet, respectively, a nd a 709-square-foot laboratory. Two of the proposed classrooms are designated to support the existing elementary school grade levels, which currently serves students from pre-kindergarten through sixth grade. These classrooms will provide additional space to reduce the overall class sizes for the existing grade levels. The remaining two classrooms are specifically allocated to accommodate the new seventh and eighth grade levels, thereby allowing the school to expand its curriculum and retain students through middle school. In addition, the proposed laboratory is intended to serve students across all grade levels, from pre-kindergarten through eighth grade.

The existing site maintains the required landscaped setbacks with ground cover, shrubs, and trees. The existing landscape includes three 24- gallon trees, a shrub hedge that is approximately five feet tall and ten feet wide, and drought-tolerant shrubbery along the front-yard setback. Additionally, the site contains 25 trees throughout the parking lot and around the church and existing school buildings, which are proposed to remain.

Furthermore, the site includes an existing playground located at the rear of the property, which also functions as a parking area when the school is not in session. The playground is utilized exclusively during school hours and is used as parking during the church’s hours of operation. No expansion or physical modification of the playground area is proposed as part of this request, and its dual use will continue to operate as it does under existing conditions.

Table 1: Project Location and Information

Item Information
Project Address & Council Ward 5311 West McFadden Avenue (Ward 1) Nearest Intersection Euclid Street and McFadden Avenue
General Plan Designation Low Density Residential (LR-7) Zoning Designation Single-family Residence (R1)
Surrounding Land Uses North Wintersburg Channel and Single Family Residences
East Commercial Center and Cultural Center
South Church and Catholic Grade School
West Church and Single-family Residences
Property Size 1.7 acres (74,188 sq. ft.)
Existing Site Development The site is developed with a school building and a church building.

Use Permissions Allowed with approval of a CUP
Zoning Code Sections Affected Development Standards Section 41-367 through 41-372 Uses Section 41-232.5(a)

Tables 2 below provides a detailed comparison of the P roject’s compliance with the applicable land use and development standards.

Table 2: Development Standards

Standards Required by SAMC Provided
Building Height Maximum 35 Feet Complies; 32.5 Feet
Setbacks Minimum 15 Feet (Front) Complies; 15 Feet
Minimum 5 Feet (Side Interior) Complies; 130.25 Feet

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CUP No . 1982-18-MOD-1 – Forty Martyrs Armenian Church Middle School (5311 W.

McFadden Avenue)
October 27, 2025

Standards Required by SAMC Provided
Minimum 10 Feet (Rear) Complies; Over 200 Feet
Parking Church: 1 space per every 3
fixed seats plus one space per
50 sq. ft. of floor area without
fixed seats
School: 1.5 spaces per 150 sq.
ft. of classroom floor area and 1
space/office floor area
(110 total spaces required)
88 parking spaces provided. AB
2097, effective on January 1,
2023, restricts local governments
from imposing parking regulations
on commercial and residential
projects that are located within 0.5
miles of a major transit station.

The project and site are eligible
for AB 2097 parking relief.

Enrollment and Operations

The private school currently has a total enrollment of 180 students. The addition of a new building is intended to assist in the retention of students through the eighth grade, therefore, the school is expected to increase in student enrollment by t en to fifteen students, through new enrollments for kindergarten only. Moreover, the Applicant proposes to maintain existing school operations. Table 3 below contains the breakdown of the existing hours of operation for the private school.

Table 3: Project Location and Information

Hours of Operation Type of Use
Monday through Friday 8:00 a.m. to 4:00 p.m. School’s administrative offices Monday through Friday 8:00 a.m. to 3:15 p.m. Regular school hours (Pre-K to Eighth Grade) Monday through Friday 3:30 p.m. to 5:30 p.m. Afterschool activities (i.e., sports and enrichment activities) and aftercare

The regular school year begins the third week of August and ends the following year in June. In addition to the regular school year, the school offers summer camp that operates from July to August for approximately one month for reduced hours, for children between pre-kindergarten and fifth grade. The introduction of the middle school will allow students in sixth and seventh grade to attend summer camp operations as well.

As part of its operations, the private school staggers the recess time for students of all grade levels. The school offers recess from 10:00 a.m. to 10:20 a.m. for pre-kindergarten and kindergarten, 12:00 p.m. to 12:45 p.m. for first through fourth grades, and 12:45 p.m. to 1:30 p.m. for fifth through sixth grades. The recess breaks will continue to remain staggered to ensure that there are no noise concerns from adjacent properties , and the new seventh and eighth grades will have recess from 12:45 p.m. to 1:30 p.m.

The private school’s curriculum requires students in fifth through eighth grades to attend one religion class per week at the church located on the same campus. These classes will be scheduled exclusively during regular school hours as outlined and will not overlap with the church’s worship services or special events. The church will continue to operate during its normal hours, including weeknights, Sundays, and holidays. As such, the religion classes will remain fully compatible with church operations and will not generate conflicts in scheduling or use of facilities.

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CUP No . 1982-18-MOD-1 – Forty Martyrs Armenian Church Middle School (5311 W.

McFadden Avenue)
October 27, 2025

Traffic and Pick-Up/Drop-Off Operations

The school’s current enrollment of 180 students is managed through staggered dismissal times that effectively distribute pick -up activity throughout the afternoon. Standard dismissal occurs at 3:10 p.m. for kindergarten through sixth grades. Early dismissal happens before noon or between 2:00 p.m. and 3:00 p.m. to avoid disrupting nap time for students in pre-kindergarten. Approximately 30 preschool students are picked up during early dismissal. Additionally, about 40 students in after -school programs are picked up between 3:30 p.m. and 5:30 p.m. Operational procedures, including staff -supervised release of students and on-site monitoring by security personnel, ensure that drop-off and pick-up activities remain orderly and efficient.

The designated pick-up and drop-off area for pre-kindergarten and kindergarten students is located on the adjacent property at 5305 W. McFadden Avenue (APN: 108- 073-16), which is occupied by the Harut Barsamian Armenian Center. As documented in the Focused Traffic Impact Report (Exhibit 7), the church and school campus maintain a shared access agreement with the Armenian Center that allows use of the site for student pick-up and drop- off operations. The shared access agreement optimizes on- site circulation, distributes vehicle activity between two access points, and minimizes queuing along McFadden Avenue. The pick -up and drop-off operations do not interfere with the Armenian Center’s hours of operation, as the center primarily operates during evening hours and weekends when school-related traffic is not present.

Pick-up and drop- off for first through sixth grade students occur within the parking lot located directly in front of the existing school building. This configuration allows for grade- level separation of circulation patterns, improves traffic flow within the campus, and reduces the potential for on-street congestion or conflicts with adjacent land uses.

The proposed Project requires 110 parking spaces subject to Sections 41- 1400 and 41- 1411 of the SAMC for both the school and the church uses. However, the subject site is located within 0.5 mile of four major transit stations. Two stops are located along the east and west side of Euclid Street and the other two stops are located on the north and south side of McFadden Avenue. Therefore, the site qualifies for AB 2097 parking relief, and the proposed 88 parking spaces will not require the need of a variance.

The total parking requirement for the combined uses consists of 36 spaces for the existing school and the proposed new school building and 74 spaces for the church. During regular school hours, when the church is not in operation, 48 parking spaces are available on-site, exceeding the number required for school use. Conversely, during church services and events, a total of 88 parking spaces are available, which surpasses the 74 spaces required for the church. As illustrated on the Parking Demand Analysis (Exhibit 8), the parking supply onsite will provide adequate parking to support the existing school and church land uses and the new proposed school building.

Project Background

In 1982, the Planning Commission approved CUP No. 1982 -18 and Variance No. 1982- 20, allowing the construction of a new church building and a private school designed to

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CUP No . 1982-18-MOD-1 – Forty Martyrs Armenian Church Middle School (5311 W.

McFadden Avenue)
October 27, 2025

serve students in kindergarten through ninth grade. The CUP allowed the church and private school uses in the R1 zoning district and the v ariance allowed the reduction in parking.

At the time of construction, the private school facility was designed to accommodate elementary students, serving pre-kindergarten through sixth grade. While CUP No. 1982- 18 allowed the private school use extending through ninth grade, the 17,500-square-foot building did not provide the necessary floor area or capacity to serve students above the sixth grade. Furthermore, the school’s operational program and curriculum were limited to elementary education, and no middle school grades were implemented under the existing CUP.

Project Analysis

Conditional Use Permit (CUP) requests are governed by Section 41-638 of the Santa Ana Municipal Code (SAMC), and modifications to existing CUPs require a new application under Section 41-649. A CUP may be granted if it can be demonstrated that the proposed project will not adversely impact the community or conflict with the General Plan.

Additional analysis supporting these findings is provided in the sections below.

The Forty Martyrs Armenian Church Middle School requests a modification to its existing CUP to expand its elementary program (pre-kindergarten through sixth grade) by adding seventh and eighth grades. While the original CUP No. 1982-18 approved educational use up to ninth grade, the existing 17,500-square-foot school building was designed for, and has historically served, only elementary grades. The new building is necessary to accommodate the middle school curriculum.

The Project is not intended to substantially increase enrollment. The new facility is designed for a maximum of 32 additional students, with total enrollment expected to grow gradually from approximately 180 to 195 students, primarily by retaining students who would otherwise leave after sixth grade. This modest growth aligns with the existing campus’s capacity and is not anticipated to result in new significant impacts related to noise, traffic, or parking.

The Project complies with applicable development standards, including building height and setbacks. Although the SAMC typically requires 110 parking spaces for the combined school and church uses, the site provides 88 spaces. This is permissible pursuant to AB 2097, which prohibits local government agencies from requiring parking minimums for qualifying sites within one- half mile of major transit stops. A parking demand analysis confirmed that the 88 on- site spaces adequately meet operational needs, and the site’s access configuration limits spillover parking into adjacent residential areas.

Student Enrollment and Operations

The expansion supports continuity for families by allowing students to remain at the school through eighth grade. The school’s staggered recess schedule , with breaks at 10:00–10:20 a.m., 12:00 –12:45 p.m., and 12:45 –1:30 p.m., will remain in place to limit the number of students outdoors at one time and minimize potential noise impacts.

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CUP No . 1982-18-MOD-1 – Forty Martyrs Armenian Church Middle School (5311 W.

McFadden Avenue)
October 27, 2025

Students in grades five through eight will continue to attend weekly religion classes in the on-site church during regular school hours. Th ese classes will not conflict with church services or create additional operational impacts. Moreover, the school year will continue to operate on the current academic calendar (August through June) with limited summer programming. No new evening or weekend activities are proposed beyond those already in place, ensuring that the expanded program remains consistent with existing operations.

Noise and Lighting

The Project will not create significant noise or lighting impacts. Outdoor play areas will remain as they are, and no new outdoor facilities are proposed. Staggered recess periods will continue to minimize outdoor activity at any one time. No amplified outdoor sound equipment is proposed, and all activities will continue to comply with the City’s n oise ordinance (SAMC Chapter 18).

The new building will include standard security lighting for safety. All fixtures will be equipped with dimmer switches. Additionally, the fixtures will be shielded and directed downward to prevent glare or spillover onto adj acent residential properties. The P roject will continue to comply with the City’s outdoor lighting standards, ensuring that nighttime illumination is limited to what is necessary for security. Because the expansion involves only a small increase in enrollm ent and no significant changes to outdoor facilities or lighting, it will not alter the acoustic or visual environment of the surrounding neighborhood.

Traffic and Circulation

The Project will not result in significant traffic or circulation impacts. A focused traffic study determined that the modest enrollment increase, primarily due to retaining existing students, will not generate substantial additional vehicle trips during peak periods. The school effectively manages circulation through staggered dism issal times, 3:10 p.m. for kindergarten through sixth grade, earlier pick -ups for preschool, and 3:30– 5:30 p.m. for after-school programs. Staff-supervised loading zones and on-site security personnel will continue to ensure orderly circulation and pedestrian safety.

Compatibility with Surrounding Uses

The Project site is surrounded by residential neighborhoods to the north and west, a commercial and cultural center to the east, and other religious and educational facilities to the south. Primary access from McFadden Avenue limits traffic intrusion into nearby residential areas. The proposed two- story building’s contemporary architectural design complements the existing church and school facilities and enhances the overall campus character. Its location at the rear of the property reduces visual impacts on neighboring streets and residences.

Overall, the Project is compatible with surrounding institutional and residential uses and will not introduce new adverse impacts related to traffic, noise, or lighting. With compliance with the City’s operational standards and conditions of approval, the P roject

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CUP No . 1982-18-MOD-1 – Forty Martyrs Armenian Church Middle School (5311 W.

McFadden Avenue)
October 27, 2025

will continue to support a community -serving use consistent with Santa Ana’s goals for neighborhood cohesion and access to educational resources.

General Plan Consistency

The new proposed school building will not adversely affect the General Plan, as the granting of the CUP would be consistent with various goals and policies of the General Plan. The approval of the proposed Project will be consistent with the General Plan land use designation of Low Density Residential (LR -7), which is intended to preserve residential neighborhoods . The proposed expansion to the existing private school will contribute to the creation of a complete neighborhood, as inte nded by the General Plan.

Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 1, 2, 3, and 4 of the Land Use (LU) Element as discussed below.

Goal LU-1 seeks to provide a land use plan that improves the quality of life and respects the existing community. Moreover, Policy LU-1.1 seeks to foster the compatibility between land uses to enhance livability and promote healthy lifestyles . The proposed Project will continue to provide a private school to the surrounding community, without disrupting the existing community. As mentioned above, the church campus is not accessed from any of the surrounding residential communities. Therefore, t he proposed school building will maintain the aspect of the neighborhood while providing an added service to the community.

Goal LU-2 seeks to provide a balance of land uses that meet Santa Ana’s diverse needs.

Moreover, Policy LU-2.3 seeks to provide a diversity of land uses that support residents, visitors, and businesses, such as areas for community gatherings. The proposed Project will continue to provide a school use where the community can gather during hours of operation and/or during special events.

Goal LU-3 seeks to preserve and improve the character of existing neighborhoods and districts. Moreover, Policy LU -3.1 supports new development which provides a net community benefit and contributes to neighborhood character and identity. The proposed Project will provide additional square footage to the existing school use and church campus. As mentioned above, the new school building will not disrupt the existing neighborhood. Additionally, the proposed architecture is meant to improve the site’s character and the surrounding community.

Goal LU-4 supports a sustainable City through improvements to the built environment and a culture of collaboration. Policy LU- 4.1, promotes complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. As proposed, the P roject will promote a complete neighborhood by providing school uses to the surrounding residential community within the vicinity. The school will act as an added service for the neighboring properties and nearby neighborhoods.

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CUP No . 1982-18-MOD-1 – Forty Martyrs Armenian Church Middle School (5311 W.

McFadden Avenue)
October 27, 2025

Public Notification

Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,0 00-foot notification radius map, and the site posting are provided in Exhibit 9. There are no established neighborhood associations in the vicinity as the property is surrounded by industrial and commercial uses within the 1,000-foot radius. At the time this report was printed, no issues of concern were raised regarding the proposed CUP.

ENVIRONMENTAL IMPACT

In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review per Section 15314 (Class 14 – Minor Additions to School). The Class 14 exemption consists of minor additions to existing schools within existing school grounds where the addition does not increase the original student capacity by more than 25 percent or ten classrooms. The proposed school will not increase the student capacity by more than 25 percent and it only proposes to add four classrooms and one laboratory . Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-34, will be filed for this Project.

FISCAL IMPACT

There is no fiscal impact associated with this action.

EXHIBITS

1. Resolution

2. Vicinity Zoning and Aerial Map

3. Site Photos

4. Site Plan

5. Floor Plan

6. Elevations

7. Focused Traffic Study

8. Parking Demand Analysis

9. Copy of Public Notices

Submitted By:

Fernanda Arias Hernandez, Associate Planner

Approved By:

Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency

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Resolution No. 2025-XX

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 1982-18-MOD-1 AS CONDITIONED ,
MODIFYING CUP NO. 1982 -18, TO FACILITATE THE

CONSTRUCTION OF A NEW PRIVATE SCHOOL BUILDING

WITHIN AN EXISTING CHURCH CAMPUS LOCATED AT
5311 WEST MCFADDEN AVENUE (APN: 108-073-13)

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

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

A. Rev. Fr. Karekin Bedourian with Ari Guiragos Minassian School (“Applicant”), representing Forty Martyrs Armenian Church (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 1982-18-MOD-1 to facilitate the construction of a new building at 5311 W.

McFadden Avenue for a private school that was originally approved under CUP No. 1982-18 and Variance No. 1982-20 (“Project”);
B. Pursuant to Santa Ana M unicipal Code (“SAMC”) Section 41 -232.5(c), a Conditional Use Permit is required for private schools in the Single-Family Residence (R1) zoning district within the City of Santa Ana; C. Pursuant to Section 41-649 of the SAMC, any modification of an approved CUP shall necessitate the refiling of a new application; D. In 1982, the Planning Commission reviewed and approved CUP No. 1982- 18 and Variance 1982-20 to allow the construction of a new church building and a private school designed to serve students in kind ergarten through ninth grade . At the time of construction, the private school facility was designed to accommodate elementary students, serving pre-kindergarten through sixth grade. While CUP No. 1982-18 allowed the private school use extending through ninth grade, the 17,500-square-foot building did not provide the necessary floor area or capacity to serve students above the sixth grade. Furthermore, the school’s operational program and curriculum were limited to elementary education, and no middle school grades were implemented under the existing CUP;
E. On February 9, 2023, the Applicant submitted a Development Project Review (DP) application to the City for the construction of a new two-story, 4,846-square-foot building located at the rear (north) portion o f the site.

The first floor will include a 274-square-foot lobby, a single-stall restroom, and a 502 -square-foot classroom. The second floor will consist of three classrooms measuring 587, 417, and 622 square feet, respectively, and a 709-square-foot laboratory. The construction of the new building will allow the introduction of the new middle school grades (seventh and eighth);

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Resolution No. 2025-XX

F. On August 27, 2025, the Applicant submitted CUP No. 1982-18-MOD-1 requesting approval to facilitate the construction of the new private school building that will serve the middle school grades;

G. CUP No. 1982 -18-MOD-1 constitutes a modification to the previously approved CUP No. 1982-18 for the purpose of facilitating the construction of a new classroom building to serve the exis ting private school. This modification supplements, but does not supersede, the original CUP. All conditions and entitlements established under CUP No. 1982 -18 shall remain valid and in full effect, except as specifically amended herein to reflect the scope of the proposed improvements.

H. On October 27, 2025, the Planning Commission held a duly noticed public for the Project;

I. The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Section 41-638, have been established for CUP No. 1982-18-MOD-1 to allow a new private school building within the R1 zoning district as follows:

1. That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or the community.

The proposed Project will provide a new two -story private school building to accommodate middle school students
(seventh and eighth grades) within the existing Forty Martyrs Armenian Church campus. This expansion will allow students who are already enrolled at the schoo l to continue their education through the eighth grade without the need to
transfer to another institution. By retaining students and extending the academic program, the Project will enhance educational continuity for families, reduce the need for additional school commuting outside the neighborhood, and strengthen the long-term stability of the school community. As such, the proposed use will provide a valuable educational service and contribute positively to the general well -being of the surrounding neigh borhood and the broader Santa Ana community.

2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.

The proposed middle school building will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Project is located within an existing church and school campus that has historically operated as an educational facility. The p roposed expansion is modest in

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Resolution No. 2025-XX

scale, limited to four classrooms and one laboratory with a maximum capacity of 32 students, and is intended primarily to retain existing students rather than generate substantial new enrollment. Traffic, parking demand, and noise levels are expected to remain consistent with current operations, as dismissal times are already staggered and closely managed by staff to ensure orderly circulation. In addition, playground and campus activities are existing uses that will continue to comply with the City’s noise ordinance and will be buffered by setbacks, perimeter walls, and landscaping. Accordingly, the Project will operate safely within the site’s capacity and will not create adverse impacts to surrounding residences or businesses.

3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.

The proposed use will not adversely affect the present
economic stability or future economic development of
surrounding properties. The Project is located within an established church and school campus that has operated for decades without creating negative economic impacts on
nearby residential or commercial uses. The expansion is limited in scope, designed to accommodate existing students as they progress into the middle school grade levels, and will not substantially increase overall enrollment. As such, no new burdens on parking, traffic circulation, or neighborhood infrastructure are anticipated. The Project is expected to support neighborhood vitality and complement surrounding land uses by maintaining a stable student population and providing a long -term educational resource within the
community. Therefore, the proposed use will not detract from the economic stability and development potential of the area.

4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use.

The proposed use will comply with all applicable regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for schools located within the R1 zoning district. The Project has been designed to conform with development standards, includin g building height, setbacks, and site access requirements. Although the site provides 8 8 on-site parking spaces, fewer than the 110 spaces otherwise required, the Project qualifies for parking relief under Assembly Bill ( AB) No. 2097 due to its proximity to a major transit corridor, and therefore remains compliant with state and local regulations. Furthermore, conditions of approval will

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Resolution No. 2025-XX

ensure continued compliance with operational standards
related to traffic circulation, noise, and safety. Accordingly, the proposed use satisfies all applicable zoning code
requirements and conditions for approval.

5. That the proposed use will not adversely affect the General Plan or any specific plan of the City.

The new proposed school building will continue to complete the residential neighborhood as intended by the General Plan.

Furthermore, approval of this application would be consistent with several goals and policies of the General Plan,
specifically Goals 1, 2, 3, and 4 of the Land Use (LU) Element as discussed below.

Goal LU-1 seeks to provide a land use plan that improves the quality of life and respects the existing community. Moreover, Policy LU-1.1 seeks to foster the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed Project will continue to provide a private school to the surrounding community, without disrupting the existing community. The church campus is not accessed from any of the surrounding residential communities. Therefore, th e proposed school building will maintain the aspect of the neighborhood while providing an added service to the
community.

Goal LU-2 seeks to provide a balance of land uses that meet Santa Ana’s diverse needs. Moreover, Policy LU-2.3 seeks to provide a diversity of land uses that support residents, visitors, and businesses, such as areas for community gatherings. The proposed Project will continue to provide a school use where the community can gather during hours of operation and/or during special events.

Goal LU -3 seeks to preserve and improve the character of existing neighborhoods and districts. Moreover, Policy LU-3.1 supports new development which provides a net community benefit and contributes to neighborhood character and
identity. The proposed P roject will provide additional square footage to the existing school use and church campus. As mentioned above, the new school building will not disrupt the existing neighborhood. Additionally, the proposed
architecture is meant to improve the site’s chara cter and the surrounding community.

Goal LU-4 supports a sustainable City through improvements to the built environment and a culture of collaboration. Policy LU-4.1, promotes complete neighborhoods by encouraging a

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Resolution No. 2025-XX

mix of complementary uses, community services, and people places within a walkable area. As proposed, the Project will promote a complete neighborhood by providing school uses to the surrounding residential community within the vicinity.

The school will act as an added service for the neighbor ing properties and nearby neighborhoods.

Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review per Section 15314 (Class 14 – Minor Additions to School). The Class 14 exemption consists of minor additions to existing schools within existing school ground s where the addition does not increase the original student capacity by more than 25 percent or ten classrooms. The proposed school will not increase the student cap acity by more than 25 percent and it only proposes to add four classrooms and one laboratory. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-34, will be filed for this Project.

Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of , or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing , hereby approves Conditional Use Permit No. 1982-18-MOD-1, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to , the Request for Planning Commission Action dated October 27, 2025, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference.

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Resolution No. 2025-XX

ADOPTED this 27th day of October 2025 by the following vote.

Isuri S. Ramos
Chairperson

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

By:

Melissa M. Crosthwaite
Senior Assistant City Attorney

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTENTIONS: Commissioners:

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Resolution No. 2025-XX

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Gema Zapien, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 202 5-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 27, 2025.

Date: ________________ ____________________________________ Gema Zapien
Recording Secretary
City of Santa Ana

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Resolution No. 2025-XX

EXHIBIT A

Conditions of Approval for Conditional Use Permit No. 1982-18-MOD-1

Conditional Use Permit No. 1982 -18-MOD-1 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations.

Except as otherwise provided, t he Applicant must comply in full with each and every condition listed below prior to exercising the righ ts conferred by this Conditional Use Permit.

The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of this Conditional Use Permit.

1. All proposed site and building improvements must conform to any required plan check and permit requirements of the City and any other partner or contracted regulatory agencies.

2. Any proposed amendment to this CUP must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Conditional Use Permit must be amended.

3. Prior to the issuance of a ny building permits, the App licant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WEL O), and the Citywide Design Guidelines.

4. All landscaping shall be installed per the approved landscape and irrigation plan.

In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be requ ired to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind.

5. The total enrollment of the private school shall not exceed 195 students at any time, including the expansion of seventh and eighth grades. This cap reflects the operational assumptions analyzed for this Conditional Use Permit. Any proposal to increase enrollment beyond this number shall require an amendment to this Conditional Use Permit.

6. All outdoor play and recre ation activities, including recess and physical education, shall be conducted only within the designated existing outdoor play areas as shown on the approved site plan. All such activities shall comply at all times with the City’s Noise Ordinance (SAMC 18). The use of outdoor amplified sound equipment is prohibited unless specifically authorized by the Planning Division through a subsequent discretionary approval.

City Council
18 –
68 2/3/2026

Resolution No. 2025-XX

7. Prior to issuance of any building permits, the Applicant shall submit a parking management plan (PMP) to the Planning Division for review , which must be approved prior to issuance of a certificate of occupancy. The PMP shall detail management strategies for special events to minimize potential parking and circulation impacts onto surrounding properties and City roadways.

8. The private school’s dismissal times must remain staggered and a dismissal schedule shall be submitted to the Planning Division for review and approval.

Dismissal time for students in kindergarten through sixth grade shall begin at 3:10 p.m., and after-school programs shall be dismissed between 3:30 p.m. and 5:30 p.m.

9. The Parking Management Plan (PMP), as approved by the Planning Division, shall be implemented at all times . The PMP shall be kept on site and made available to City staff upon request. If the City receives substantiated complaints related to parking or circulation, the Planning Manager may require the Applicant to update and re -submit the PMP for review and appr oval to ensure continued compliance.

10. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code.

11. The Applicant shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints.

12. Site illumination levels must remain in compliance with Section 8 -211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times.

A lighting plan illustrating that all fixtures will be equipped with dimmer switches and all fixtures will be shielded and directed downward to prevent glare or spillover onto adjacent residential properties must be submitted to the Planning Division for review and approval prior to the issuance of Building permits.

13. Site exterior noise levels must remain in compliance with Section 18 -312 (Exterior Noise Standards) of the Santa Ana Municipal Code at all times.

14. At any time that vehicle stacking extends beyond the entrance to the site, the owner/operator shall provide field staff as reasonably required to expedite/facilitate site circulation, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, sidewalks and bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating vehicle stacking management in parking areas shall be reviewed and approved by Planning Staff and shall be posted and maintained onsite.

15. Copies of all required entitlements shall be kept at the site at all times and be made available to any City official upon request.

City Council
18 –
69 2/3/2026

Resolution No. 2025-XX

16. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney, to ensure that the property and all improvements loca ted thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Property Maintenance Agreement. The Agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed Agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The Agreement shall contain covenants, conditions and restrictions relating to the following:

a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; imple mentation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing , etc.);

b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including, but not limited to, hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);

c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable;

d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including, but not limited to, controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable);

e. If Applicant and the owner of the property are different (e. g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Agreement and both shall be jointly and severally liable for compliance with its terms;

f. The Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense,

City Council
18 –
70 2/3/2026

Resolution No. 2025-XX

unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Agreement;

g. The Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equival ent to the actual costs and/or expense incurred by the City; and

h. The execution and recordation of the Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.

City Council
18 –
71 2/3/2026

Conditional Use Permit No. 1982-18-MOD-1
5311 W. McFadden Avenue
Exhibit 2 - Vicinity Map and Aerial View
© 2025 LightBox. All rights reserved.
400 feet

City Council
18 –
72 2/3/2026

Exhibit 3 – Site Photos

Conditional Use Permit No. 1982-18-MOD-1
5311 W. McFadden Avenue

City Council
18 –
73 2/3/2026

84-EV
80-EV
81-EV
82-EV
83-EV
74 7576 68
69 7071
72 73
49 50 52
51 54 55
5653 57
58 59 60
61 63646667 6265
777879
3 245
6 78 1

EXISTING CHURCH BUILDING

ADJACENT BUILDING - NOT IN SCOPE

ADJACENT BUILDING - NOT IN SCOPE

ADJACENT BUILDING - NOT IN SCOPE
9 10
11 12

EXISTINGROOFEDTRASH

ENCLOSURE
25 26
27 29
32 33
34 36
37 38
39 40 42
43 28
35 41
4744
45 46
48 23
24 30
31 15
16 17 18 19 20 2221

ZERO LOT LINE

ZERO LOT LINE

EXIT DISCHARGE LANE
(20' MIN.)

EXIT DISCHARGE LANE
(20' MIN.)

RECYCLING
TRASH

FOOD WASTE
13 14

DROP-OFF/PICK-UP DROP-OFF/PICK-UP DROP-OFF/PICK-UP DROP-OFF/PICK-UP DROP-OFF/PICK-UP DROP-OFF/PICK-UP DROP-OFF/PICK-UP DROP-OFF/PICK-UP

PARKING TABULATION
EXISTING CHURCH / ELEMENTARY SCHOOL=
CUP NO. 82-1
VARIANCE NO. 82-2082 PARKING SPACES REQUIRED

EXISTING NON-PERMITTED MULTI-PURPOSE ROOM
AND STORAGE (619 S.F.) SEC. 41-1420 (a) = 4 PARKING SPACES REQUIRED NEW ELEMENTARY SCHOOL CLASSROOM BUILDING = 4,880 S.F.

SEC 41-1400 ELEMENTARY SCHOOL =1.5 PARKING SPACES PER EACH CLASSROOM (5 CLASSROOMS) 8 SPACES REQUIRED
TOTAL = 94 SPACES REQUIRED (4 SPACES TOTAL TO BE ADA)
86 SPACES PROVIDED
11% SHORT ON PARKING
(EV CHARGING SPACES REQUIRED (Table 5.106.5.3.3)5 EV SPACES REQUIRED / 5 PROVIDED) CITY OF SANTA ANA APPROVED TOTAL OCCUPANCY OF CHURCH BUILDING = 320

K E Y N O T E S - S I T E P L A N

G E N E R A L S I T E P L A N N O T E S

L E G E N D
LEGEND
NOTES

KEYNOTES
A1.1

SITE PLAN

DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS, AND ARRANGEMENTS

REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT. NO PART THEREOF SHALL BE REPRODUCED,

COPIED, ADAPTED, DISCLOSED, DISTRIBUTED, SOLD, PUBLISHED OR

USED WITHOUT PRIOR WRITTEN CONSENT OF AND APPROPRIATE
COMPENSATION TO THE ARCHITECT. VISUAL CONTACT WITH THE

ABOVE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE
CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS.

DEV. PROJECT REV. RESUBMITTAL

PLAN CHECK SUBMITTAL

DEVELOPMENT PROJECT REVIEW

ISSUED FOR BID
Issuance
DateDescription
Revision
Date No. Description

ISSUED FOR CONSTRUCTION
Stamp and Signature
Phone 714.560.9210
www.jgartner.com
Sheet Title
Project No.:Sheet No.:

Print Date:

ARCHITECTURE

PLANNING / INTERIORS

PROJECT MANAGEMENT
Architect
Project Name and Location
Consultants

F O R T Y M A R T Y R S A R M E N I A N

C H U R C H M I D D L E S C H O O L

S I T E E X P A N S I O N
5 3 1 1 W E S T M C F A D D E N A V E N U E
S A N T A A N A , C A 9 2 7 0 4
10 June 2025

S I T E P L A N - N E W E D U C A T I O N B U I L D I N G Exhibit 4 - Site Plan

City Council
18 –
74 2/3/2026

LOBBY

CLASSROOM
UP
ELEV.

RESTROOM

STORAGE
FIRST FLOOR = 1,154 S.F.

SECOND FLOOR = 3,669 S.F.

TOTAL = 4,823 S.F.

UP

FIRST FLOOR PLAN
A2.1

DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS, AND ARRANGEMENTS

REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT. NO PART THEREOF SHALL BE REPRODUCED,

COPIED, ADAPTED, DISCLOSED, DISTRIBUTED, SOLD, PUBLISHED OR

USED WITHOUT PRIOR WRITTEN CONSENT OF AND APPROPRIATE
COMPENSATION TO THE ARCHITECT. VISUAL CONTACT WITH THE

ABOVE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE
CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS.

DEV. PROJECT REV. RESUBMITTAL

PLAN CHECK SUBMITTAL

DEVELOPMENT PROJECT REVIEW

ISSUED FOR BID
Issuance
DateDescription
Revision
Date No. Description

ISSUED FOR CONSTRUCTION
Stamp and Signature
Phone 714.560.9210
www.jgartner.com
Sheet Title
Project No.:Sheet No.:

Print Date:

ARCHITECTURE

PLANNING / INTERIORS

PROJECT MANAGEMENT
Architect
Project Name and Location
Consultants

F O R T Y M A R T Y R S A R M E N I A N

C H U R C H M I D D L E S C H O O L

S I T E E X P A N S I O N
5 3 1 1 W E S T M C F A D D E N A V E N U E
S A N T A A N A , C A 9 2 7 0 4
10 June 2025

F I R S T F L O O R P L A N - P R O P O S E D E D U C A T I O N B U I L D I N G SCALE: 1/4" = 1'-0"
Exhibit 5 - Floor Plan

City Council
18 –
75 2/3/2026

CLASSROOM

CLASSROOM

GIRLSRESTROOMBOYSRESTROOM
ELEV.

DN.

LABORATORYCLASSROOM

CLASSROOM
FIRST FLOOR = 1,154 S.F.SECOND FLOOR = 3,669 S.F.TOTAL = 4,823 S.F.

SKYLIGHTABOVE
DN.

SECOND FLOOR PLAN
A2.2
DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS, AND ARRANGEMENTS REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT. NO PART THEREOF SHALL BE REPRODUCED, COPIED, ADAPTED, DISCLOSED, DISTRIBUTED, SOLD, PUBLISHED OR USED WITHOUT PRIOR WRITTEN CONSENT OF AND APPROPRIATE COMPENSATION TO THE ARCHITECT. VISUAL CONTACT WITH THE ABOVE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS.

DEV. PROJECT REV. RESUBMITTALPLAN CHECK SUBMITTAL

DEVELOPMENT PROJECT REVIEW

ISSUED FOR BID
IssuanceDateDescription
RevisionDate No.DescriptionISSUED FOR CONSTRUCTION
Stamp and Signature
Phone 714.560.9210 www.jgartner.com
Sheet Title
Project No.:Sheet No.:

Print Date:

ARCHITECTURE PLANNING / INTERIORS PROJECT MANAGEMENT
Architect
Project Name and Location
ConsultantsFORTY MARTYRS ARMENIANCHURCH MIDDLE SCHOOLSITE EXPANSION5311 WEST MCFADDEN AVENUESANTA ANA, CA 92704 10 June 2025
S E C O N D F L O O R P L A N - P R O P O S E D E D U C A T I O N B U I L D I N GSCALE: 1/4" = 1'-0"

City Council
18 –
76 2/3/2026

FORTY MARTYRS ARMENIAN CHURCH MIDDLE SCHOOLFORTY MARTYRS ARMENIAN CHURCH MIDDLE SCHOOL

EXTERIOR ELEVATIONS
A5.0

DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS, AND ARRANGEMENTS

REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT. NO PART THEREOF SHALL BE REPRODUCED,

COPIED, ADAPTED, DISCLOSED, DISTRIBUTED, SOLD, PUBLISHED OR

USED WITHOUT PRIOR WRITTEN CONSENT OF AND APPROPRIATE
COMPENSATION TO THE ARCHITECT. VISUAL CONTACT WITH THE

ABOVE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE
CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS.

DEV. PROJECT REV. RESUBMITTAL

PLAN CHECK SUBMITTAL

DEVELOPMENT PROJECT REVIEW

ISSUED FOR BID
Issuance
DateDescription
Revision
Date No. Description

ISSUED FOR CONSTRUCTION
Stamp and Signature
Phone 714.560.9210
www.jgartner.com
Sheet Title
Project No.:Sheet No.:

Print Date:

ARCHITECTURE

PLANNING / INTERIORS

PROJECT MANAGEMENT
Architect
Project Name and Location
Consultants

F O R T Y M A R T Y R S A R M E N I A N

C H U R C H M I D D L E S C H O O L

S I T E E X P A N S I O N
5 3 1 1 W E S T M C F A D D E N A V E N U E
S A N T A A N A , C A 9 2 7 0 4
10 June 2025

S O U T H E L E V A T I O N - P R O P O S E D E D U C A T I O N B U I L D I N G SCALE: 1/4" = 1'-0"

W E S T E L E V A T I O N - P R O P O S E D E D U C A T I O N B U I L D I N G SCALE: 1/4" = 1'-0"

F I N I S H S C H E D U L E
Exhibit 6 - Elevations

City Council
18 –
77 2/3/2026

LEGENDNOTESKEYNOTESEXTERIOR ELEVATIONS
A5.1
DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS, AND ARRANGEMENTS REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT. NO PART THEREOF SHALL BE REPRODUCED, COPIED, ADAPTED, DISCLOSED, DISTRIBUTED, SOLD, PUBLISHED OR USED WITHOUT PRIOR WRITTEN CONSENT OF AND APPROPRIATE COMPENSATION TO THE ARCHITECT. VISUAL CONTACT WITH THE ABOVE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS.

DEV. PROJECT REV. RESUBMITTALPLAN CHECK SUBMITTAL

DEVELOPMENT PROJECT REVIEW

ISSUED FOR BID
IssuanceDateDescription
RevisionDate No.DescriptionISSUED FOR CONSTRUCTION
Stamp and Signature
Phone 714.560.9210 www.jgartner.com
Sheet Title
Project No.:Sheet No.:

Print Date:

ARCHITECTURE PLANNING / INTERIORS PROJECT MANAGEMENT
Architect
Project Name and Location
ConsultantsFORTY MARTYRS ARMENIANCHURCH MIDDLE SCHOOLSITE EXPANSION5311 WEST MCFADDEN AVENUESANTA ANA, CA 92704 10 June 2025
N O R T H E L E V A T I O N - P R O P O S E D E D U C A T I O N B U I L D I N GSCALE: 1/4" = 1'-0" E A S T E L E V A T I O N - P R O P O S E D E D U C A T I O N B U I L D I N GSCALE: 1/4" = 1'-0"

F I N I S H S C H E D U L E

City Council
18 –
78 2/3/2026

FOCUSED TRAFFIC IMPACT STUDY
Forty Martyrs Armenian Church Middle School
5311 West McFadden Avenue
In the City of Santa Ana
Date: March 17, 2025
Prepared For:

Forty Martyrs Armenian Church Middle School
5311 West McFadden Ave
Santa Ana, CA 92704
Prepared By:

K2 Traffic Engineering, Inc.
1442 Irvine Blvd, Suite 210
Tustin, CA 92780
(714) 832-2116
Exhibit 7

City Council
18 –
79 2/3/2026

TABLE OF CONTENTS

EXECUTIVE SUMMARY ................................................................................................ 2 INTRODUCTION ............................................................................................................. 4 STUDY SCENARIOS ...................................................................................................... 8 EXISTING CONDITIONS ................................................................................................ 9 TRIP GENERATION ..................................................................................................... 12 TRIP DISTRIBUTION .................................................................................................... 13 TRAFFIC ASSIGNMENT .............................................................................................. 13 EXISTING CONDITIONS PLUS PROJECT .................................................................. 16 PRE-PROJECT COMPLETION .................................................................................... 18 POST-PROJECT COMPLETION.................................................................................. 20 THRESHOLD OF SIGNIFICANT IMPACT ................................................................... 22 LEFT-TURN QUEUE ANALYSIS ................................................................................. 23 CURRENT DROP-OFF AND PICK-UP OPERATIONS (PK-6) .................................... 24 PROPOSED DROP-OFF AND PICK-UP FOR MIDDLE SCHOOL .............................. 25 SITE ACCESS .............................................................................................................. 26 ON-SITE CIRCULATION .............................................................................................. 26

City Council
18 –
80 2/3/2026

LIST OF EXHIBITS

Exhibit 1. Vicinity Map 5
Exhibit 2. Site Plan 6
Exhibit 3. Floor Plan 7
Exhibit 4. Existing Lane Configurations and Traffic Volumes 11 Exhibit 5. Trip Distribution 14
Exhibit 6. Trip Assignment 15
Exhibit 7. Existing plus Project Traffic 17
Exhibit 8. Pre-Project Completion (2026) Traffic Volumes 19 Exhibit 9. Post-Project Completion Traffic Volumes 21
Exhibit 10. Pick-Up and Drop-Off Area Map 25

City Council
18 –
81 2/3/2026

LIST OF TABLE

Table 1. LOS Definition – Signalized Intersections (ICU Analysis) 8 Table 2. LOS Definition - Roadway Segment 8
Table 3. Existing Conditions – ICU Analysis 9
Table 4. Existing Conditions – Roadway Segment Analysis 10 Table 5. Trip Generation Rate 12
Table 6. Project Trip Generation 12
Table 7. Existing Conditions Plus Project – ICU Analysis 16 Table 8. Existing Conditions Plus Project – Roadway Segment Analysis 16 Table 9. Pre-Project Completion (2026) Conditions – ICU Analysis 18 Table 10. Pre-Project Completion (2026) Conditions – Roadway Segment Analysis 18 Table 11. Post-Project Completion (2026) Conditions – ICU Analysis 20 Table 12. Post-Project Completion (2026) Conditions – Roadway Segment Analysis 20 Table 13. Project Impact Analysis – Existing Conditions 22 Table 14. Project Impact Analysis – Opening Year (2026) 22 Table 15. Queue Analysis – Existing Conditions 23
Table 16. Queue Analysis – Year 2026 After Project Completion 2 3

City Council
18 –
82 2/3/2026

Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focuse d Traffic Impact Study

K2 Traffic Engineering, Inc. 1

Focused Traffic Impact Study
Forty Martyrs Armenian Church Middle School
5311 West McFadden Ave, Santa Ana

Prepared under the supervision of

Jende Kay Hsu, P.E., T. E.

Lic. # T2285

City Council
18 –
83 2/3/2026

Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focuse d Traffic Impact Study

K2 Traffic Engineering, Inc. 2

EXECUTIVE SUMMARY
Forty Martyrs Armenian Apostolic Church is an existing religiou s facility located at 5311 West McFadden Avenue in the City of Santa Ana. The project site currently consists o f a church building of 5,500 square feet and an educational building of 17,500 square feet for Ari Guiragos Minassian School (PK-6), which is a subsidiary of the church.

The church is seeking city’s approval to construct a two-story educational building of 4,846 square feet for classroom s and laboratory of the proposed middle school (Grade 7 & 8). The proposed build ing will accommodate 7 th a n d 8th grade students with a maximum capacity of 32 students. C onsistent with the existing A ri Guiragos Minassian School (PK-6), the proposed Middle School will open Monday thro ugh Friday, and will be closed on weekends.

The project is expected to gener ate 21 trips in the AM peak hou r, including 11 inbound and 10 outbound trips, 5 trips in the PM peak hour, including 2 inbound and 3 outbound trips, and 67 daily trips. The project does not have a signific ant traffic impact and mitigation measure is not required. The intersection of McFadde n Avenue and Euclid Street will maintain LOS "D" or better for weekday AM and PM peak hours in each study scenario. Therefore, mitigation measure is not required.

The project site provides two existing access driveways on McFa dden Avenue. The west driveway provides ingress and egress access to and from bo th directions. The east driveway allows egress traffic only. Both driveways are ex pected to operate at acceptable level of services for the project opening year plus project conditions. It is necessary that the height of shr ubs, planting, and other visual obstructions be limited to a maximum height of thirty inches to maintain sufficient corner sight distance at the driveways.

Student drop-off and pick-up times are staggered and monitored by school staff and security staff. In addition, arrangements are made with the adj acent Harut Barsamian Armenian Center to divert preschool drop-off and pick-up in its parking lot. Drop-off and

City Council
18 –
84 2/3/2026

Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focuse d Traffic Impact Study

K2 Traffic Engineering, Inc. 3 pick-up activities are monitored by school staff and security s taff, and the operations have been well organized and effici ent. The project is expected to have no or minimal impact for drop-off and pick-up activities.

On-site circulation appears e fficient and safe without unnecess ary bottlenecks. In general, the likelihoods of on-site congestion and traffic queu e are low. The site plan is subject to review and approval by the Fire Department, Planning Department and Traffic Engineer.

The project is screened out from VMT assessment. The project ca n be assumed to have no or less than significant VMT impact.

City Council
18 –
85 2/3/2026

Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focuse d Traffic Impact Study

K2 Traffic Engineering, Inc. 4

INTRODUCTION
Forty Martyrs Armenian Apostolic Church is an existing religiou s facility located at 5311 West McFadden Avenue in the City of Santa Ana. The s ite is situated on McFadden Avenue approximately 250 feet wes t of Euclid Street. The projec t site currently consists of a church building of 5,500 s quare feet and an educational bu ilding of 17,500 square feet for Ari Guiragos Minassian School (PK-6), which is a subsi diary of the church.

Vicinity map is shown in Exhibit 1. The existing site plan is shown in Exhibit 2.

The church is seeking city’s approval to construct a two-story educational building of 4,846 square feet. This new build ing will provide three classro oms and a multipurpose room with intended uses such as s tudy room, computer lab, and/o r library. The proposed floor plans are shown in Exhibit 3. Only two of these classrooms will be used by the proposed middle school for Grades 7 & 8 with a maximum o ccupancy of 16 students in each classroom. The third classroom will be used by t h e e x i s t i n g A r i Guiragos Minassian School for PK-6
th grades.

Consistent with the existing Ari Guiragos Minassian School (PK-6), the proposed Middle School will open Monday through Fr iday, and will be closed on w eekends. The purpose of this study is to provide an evaluation of the traffic impact for the proposed educational building.

City Council
18 –
86 2/3/2026

PROJECT SITE
EXHIBIT 1. VICINITY MAP
No Scale
NORTH
No Scale
K2 Traffic Engineering, Inc.

City Council
18 –
87 2/3/2026

84-EV
80-EV
81-EV
82-EV
83-EV
74 75 7668
69 70 71
72 73
49 5052
51 5455
56 5357
58 5960
61 63 64
66 6762 65
77 78 79
32 4 5
6 7 81

EXISTING CHURCH BUILDING

ADJACENT BUILDING - NOT IN SCOPE

ADJACENT BUILDING - NOT IN SCOPE

ADJACENT BUILDING - NOT IN SCOPE
9 10
11 12

EXISTINGROOFEDTRASH

ENCLOSURE
25 26
27 29
32 33
34 36
37 38
39 4042
43 28
354147 44
45 46
48 23
24 30
31 1516
17 18
19 20
22 21

ZERO LOT LINE

ZERO LOT LINE

EXIT DISCHARGE LANE
(20' MIN.)

EXIT DISCHARGE LANE
(20' MIN.)

RECYCLING
TRASH

FOOD WASTE
13 14

DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS, AND ARRANGEMENTS

REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT. NO PART THEREOF SHALL BE REPRODUCED,

COPIED, ADAPTED, DISCLOSED, DISTRIBUTED, SOLD, PUBLISHED OR

USED WITHOUT PRIOR WRITTEN CONSENT OF AND APPROPRIATE
COMPENSATION TO THE ARCHITECT. VISUAL CONTACT WITH THE

ABOVE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE
CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS.

Issuance
Date Description
Revision
Date No. Description
Stamp and Signature
Sheet Title
Project No.: Sheet No.:

Print Date:

Architect
Project Name and Location
Consultants

FORTY MARTYRS ARMENIAN

CHURCH MIDDLE SCHOOL

SITE EXPANSION
5311 WEST MCFADDEN AVENUE
S A N T AA N A ,C A9 2 7 0 4
12 July 2024
EXHIBIT 2. SITE PLAN

PROPOSED TWO-STORY

EDUCATIONAL BUILDING

City Council
18 –
88 2/3/2026

LOBBY

CLASSROOM
UP
ELEV.

RESTROOM

STORAGE

CLASSROOM

CLASSROOM
GIRLS

RESTROOM BOYS

RESTROOM
ELEV.

DN.

LABORATORY

CLASSROOM

CLASSROOM

SKYLIGHT
ABOVE

DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS, AND ARRANGEMENTS

REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT. NO PART THEREOF SHALL BE REPRODUCED,

COPIED, ADAPTED, DISCLOSED, DISTRIBUTED, SOLD, PUBLISHED OR

USED WITHOUT PRIOR WRITTEN CONSENT OF AND APPROPRIATE
COMPENSATION TO THE ARCHITECT. VISUAL CONTACT WITH THE

ABOVE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE
CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS.

Issuance
Date Description
Revision
Date No. Description
Stamp and Signature
Sheet Title
Project No.: Sheet No.:

Print Date:

Architect
Project Name and Location
Consultants

FORTY MARTYRS ARMENIAN

CHURCH MIDDLE SCHOOL

SITE EXPANSION
5311 WEST MCFADDEN AVENUE
SANTA ANA, CA 92704
12 July 2024
EXHIBIT 3. FLOOR PLANS

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STUDY SCENARIOS
In accordance with the scoping agreement, this study includes t he following study scenarios:
i. Existing Conditions
ii. Existing Conditi ons with Project
iii. Future Traffic (2026) without Project
iv. Future Traffic (2026) with Project
In this study, two methodologies have been used to perform the traffic analysis and determine the level of service ( LOS). Consistent with Orange Co unty Congestion Management Program, Intersection Capacity Utilization (ICU) met hod is the technique used to assess the operation of si gnalized intersections. The s tudied intersection is McFadden Avenue and Euclid Street , and traffic data collection and LOS analysis for this signalized intersection are also included. Table 1 provides the definition for LOS associated with values of volume-to-capacity ratios (V/C).

Table 1. LOS Definition – Signalized Intersections (ICU Analysis) LOS V/C Ratio
A 0.00 – 0.60
B 0.61 – 0.70
C 0.71 – 0.80
D 0.81 – 0.90
E 0.91- 1.00
F > 1.00
Average Daily Traffic (ADT) analysis has been used to assess th e operation of roadway segment. Table 2 provides the LOS definition for McFadden Avenue at the site fr ontage.

Table 2. LOS Definition - Roadway Segment
Roadway Classification Configuration A B C D E F
McFadden
Ave
Secondary
Arterial
4 Lanes
Undivided 15,000 17,500 20,000 22,500 25,000 >25,000

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EXISTING CONDITIONS
Project site is situated at 5311 West McFadden Avenue, approximately 250 feet west of Euclid Street. McFadden Avenue is a four-lane undivided secondary arterial with a two- way-left-turn lane at the site f rontage. The posted speed limit is 40 mph in the project vicinity.

Euclid Street is a major arterial with two northbound lanes and three southbound lanes and left-turn lanes at major intersections. The intersection of McFadden Avenue and Euclid Street is controlled by traffic signals. The posted spee d limit is 40 mph in the project vicinity.

Traffic counts of AM and PM peak hour turning movements were co llected on Wednesday, January 22, 2025. Traffi c volumes and lane configura tions at the study intersection are shown in Exhibit 4. Complete traffic data can be found in Appendix A.

Table 3 summarizes the results of LOS analysis using ICU methodology. As shown, the study intersection currently operates at LOS "D" or better in the AM and PM peak hours.

The analysis worksheets can be found in Appendix B.

Table 3. Existing Conditions – ICU Analysis
Intersection AM Peak Hour PM Peak Hour

LOS V/C LOS V/C
McFadden Ave at Euclid St C 0.790 D 0.821

Average Daily Traffic (ADT) on McFadden Avenue is estimated ten t i m e s t h e t r a f f i c volumes at the site frontage in the AM peak hour. Table 4 summarizes the results of LOS analysis based on existing roadway segment ADT analysis. As shown, the segment of McFadden Avenue at site frontage is currently operating at LOS "A".

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K2 Traffic Engineering, Inc. 10 Table 4. Existing Conditions – Roadway Segment Analysis Roadway Classification ADT LOS
McFadden Ave Secondary Arterial 14,590 A

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TRIP GENERATION
Passenger vehicle trips are estimated using the rates and metho dologies outlined in "Trip Generation" , 11 th Edition, published by the Institut e of Transportation Engineer s (ITE). Applicable trip generation rates are shown in Table 5.

Table 5. Trip Generation Rate

LAND USE
(ITE CODE)

DAILY

AM PEAK HOUR

PM PEAK HOUR

UNIT RATE IN OUT RATE IN OUT
Middle School (522) Students 2.10 0.67 54% 46% 0.15 48% 52% The project is expected to gener ate 21 trips in the AM peak hou r, including 11 inbound and 10 outbound trips, 5 trips in the PM peak hour, including 2 inbound and 3 outbound trips, and 67 daily trips. The pr ojected trips associated with the project are provided in Table 6.

Table 6. Project Trip Generation

LAND USE
(ITE CODE)

DAILY

AM PEAK HOUR

PM PEAK HOUR
Quantity TOTAL IN OUT TOTAL IN OUT
Middle School (522) 32 Students 67 21 11 10 5 2 3

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TRIP DISTRIBUTION
Trip distribution represents the directional orientation of tra ffic to and from the proposed project. Directional orientati on is largely influenced by the g eographical location of the site, among many other factors. The trip distribution pattern f or the project is illustrated on Exhibit 5.

TRAFFIC ASSIGNMENT
The traffic assignment to and from the site has been based upon the results of trip generation, trip distribution, and access layouts. Exhibit 6 illustrates the traffic assignment of the proposed project.

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EXHIBIT 5. TRIP DISTRIBUTION
20%
Project Site
40% Dwy "A" Dwy "B" 20%
20% 60% 20% 20%
20%
McFadden Ave
40% 60% 20%
20% 20%
20%
20%
Legend:
uclid St
Inbound Trips NORTH
Outbound Trips
Directional Distribution NOT TO SCALE
Study Intersection
Eu
K2 Traffic Engineering, Inc.

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EXISTING CONDITIONS PLUS PROJECT
Traffic volumes of the existing condition plus project traffic are shown in Exhibit 7.

Table 7 summarizes the results of LOS analysis using ICU methodology. As shown, the studied intersection will maintain level of service "D" or bett er for the existing conditions plus project in the AM and PM peak hours.

Table 7. Existing Conditions Plus Project – ICU Analysis Intersection AM Peak Hour PM Peak Hour

LOS V/C LOS V/C
McFadden Ave at Euclid St C 0.792 D 0.821
Table 8 summarizes the results of LOS analysis based on roadway segmen t ADT analysis. As shown, the segment o f McFadden Avenue at site fron tage will maintain operating at LOS "A" under existing conditions plus project scenario.

Table 8. Existing Conditions Plus Project – Roadway Segment Analysis Roadway Classification ADT LOS
McFadden Ave Secondary Arterial 14,637 A

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PRE-PROJECT COMPLETION
Traffic conditions prior to completion of the proposed developm ent is estimated by applying an annual growth rate of one percent (1%) over existin g traffic counts for the opening year 2026 conditions. Traffic volumes for the pre-proje ct completion are illustrated in Exhibit 8.

The LOS using ICU methodology and intersection V/C ratios are s hown in Table 9. A shown, the study intersection re mains operating at LOS D or bet ter for the project opening year in the AM and PM peak hours. The analysis workshee ts can be found in Appendix "B".

Table 9. Pre-Project Completion (2026) Conditions – ICU Analysis Intersection AM Peak Hour PM Peak Hour

LOS V/C LOS V/C
McFadden Ave at Euclid St C 0.797 D 0.827
Table 10 summarizes the results of LOS analysis based on roadway segmen t ADT analysis. As shown, McFadden Avenue at the site frontage will m aintain operating at LOS "A" for the project opening year 2026.

Table 10. Pre-Project Completion (2026) Conditions – Roadway Segment Analysis Roadway Classification ADT LOS
McFadden Ave Secondary Arterial 14,736 A

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POST-PROJECT COMPLETION
Traffic volumes for project op ening year 2026 plus project traf fic are illustrated in Exhibit 9 . The LOS using ICU methodology and intersection V/C ratios are shown in Table 11. The studied intersection will remain LOS D or better for Sund ay midday peak hour and for weekday AM and PM peak hours.

Table 11. Post-Project Completion (2026) Conditions – ICU Analysis Intersection AM Peak Hour PM Peak Hour

LOS V/C LOS V/C
McFadden Ave at Euclid St C 0.799 D 0.828
Table 12 summarizes the results of LOS analysis based on roadway segmen t ADT analysis. As shown, McFadden Avenue at the site frontage will m aintain operating at LOS "A" under project opening year plus project scenario.

Table 12. Post-Project Completion (2026) Conditions – Roadway Segment Analysis Roadway Classification ADT LOS
McFadden Ave Secondary Arterial 14,480 A

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THRESHOLD OF SIGNIFICANT IMPACT
Consistent with 2017 Orange Count y Congestion Management Plan, the City of Santa Ana adopted LOS “D” as the maximum threshold of significance at all intersections.

Based on existing conditions, t he traffic impacts of the propos ed project are shown in Table 13. The study intersection is expec ted to maintain LOS “D” or bet ter for both AM and PM peak hours, with and without proposed project. The proje ct does not have significant traffic impacts, and mitigation measure is, therefore, not required.

Table 13. Project Impact Analysis – Existing Conditions W/O Project With Project

Study Intersection:

McFadden Ave at Euclid St LOS V/C LOS V/C
V/C
Change
Acceptable
LOS
Significant
Impact
AM Peak Hour C 0.790 D 0.792 0.002 Yes No
PM Peak Hour D 0.821 D 0.821 - Yes No
The traffic impacts of the proposed project for opening year ar e shown in Table 14. The study intersection is expected to maintain LOS “D” or better fo r both AM and PM peak hours in the project opening yea r, with and without the propose d project. Based on the threshold shown above, the project does not have a significant traffic impact. Mitigation measure is, therefore, not required.

Table 14. Project Impact Analysis – Opening Year (2026) W/O Project With Project

Study Intersection:

McFadden Ave at Euclid St LOS V/C LOS V/C
V/C
Change
Acceptable
LOS
Significant
Impact
AM Peak Hour C 0.797 C 0.799 0.002 Yes No
PM Peak Hour D 0.827 D 0.828 0.001 Yes No

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LEFT-TURN QUEUE ANALYSIS
The adequacy of left turn lanes at the intersection of McFadden Avenue and Euclid Street are evaluated in this section. Based on existing conditions, the pocket lengths for northbound left turns and southbound left turns are insufficien t for the 95th percentile queue. The results of queue analysis are shown in T a b l e 1 5. The details of queue analysis can be found in Appendix C.

Table 15. Queue Analysis – Existing Conditions
Current 95th Percentile Queue (Ft)
Intersection
Turn
Movement
Pocket
Length (Ft)

AM Peak PM Peak
Exceeds
Capacity
McFadden Ave at
Euclid St
EBL 145 68 77 No
WBL 145 61 51 No
NBL 105 144 178 Yes
SBL 100 141 157 Yes
After the completion of the project in year 2026, pocket lengths for northbound left turns and southbound left turns remain insufficient for the 95th perc entile queue, as shown in Table 16.

Table 16. Queue Analysis – Year 2026 After Project Completion Current 95th Percentile Queue (Ft)
Intersection
Turn
Movement
Pocket
Length (Ft)

AM Peak PM Peak
Exceeds
Capacity
McFadden Ave at
Euclid St
EBL 145 69 80 No
WBL 145 61 51 No
NBL 105 148 182 Yes
SBL 100 142 161 Yes

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Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focuse d Traffic Impact Study

K2 Traffic Engineering, Inc. 24 The study found that the 95 th percentile queue for left turns on Euclid Street at McFadden Avenue have exceeded the pocket length. However, the e xisting two-way- left-turn lanes on Euclid Street have essentially provided addi tional space to accommodate the extended queues. Therefore, mitigation measure is not required.

CURRENT DROP-OFF AND PICK-UP OPERATIONS (PK-6)
The parking lot of the adjacent H arut Barsamian Armenian Center (HBAC) has always been used for preschool drop-off and pick-up activities. The pr oof of authorization from HBAC is shown in Appendix D . The school/church parking lot are used by all other students (K-6) for drop-off and pick-up, as shown in Exhibit 10.

Drop-off and pick-up activities f or Ari Guiragos Minassian Scho ol (PK-6) students take place between 7:45 AM and 8:00 AM . The gate at the school opens at 8:00 AM and Morning Prayer Assembly begins at 8:15 AM. PK-6 students arriv ing after 8:20 AM are considered tardy entry and enter though administrative offices.

The existing elementary school ( PK-6) currently enrolls a total of 184 students with various pick-up times: Standard dismissal times are 3:10 PM for K-6 th students and 3:15
PM for preschool students (in di fferent areas as discussed earl i e r ) . E a r l y p i c k - u p f o r about 30 preschool kids normally takes place before 12:00 PM an d between 2:00 PM and 3:00 PM. Late pick-up for about 40 students enrolled in the after-school programs of sports and enrichment activitie s occurs between 3:30 PM and 5 : 3 0 P M . D u r i n g dismissal periods, all students are required to wait in the cla ssroom until called by staff via walkie-talkie upon parent’s arrival. Drop-off and pick-up a ctivities are monitored by school staff and security staff, and the operations have been w ell organized and efficient.

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EXHIBIT 10. PICK-UP & DROP-OFF MAP

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PROPOSED DROP-OFF AND PICK-UP FOR MIDDLE SCHOOL
Consistent with the existing school for PK-6, the proposed middle school will be open on weekdays only with no concurrent church activity. After project completion, the proposed middle school expects to enroll up to ten students in 7th grade only in the first school year. Total enrollment may gradually increase up to twen ty students in both 7 th and 8th grades combined in the following years. The maximum capacity of the proposed middle school is 32 students. The proposed middle school will e n r o l l f o u r ( 4 ) s t a f f members/teachers.

Drop-off for middle school students would take place between 8:20 AM and 8:30 AM. As the drop-off time is staggered fr om all other students, it is r easonably expected that similar order and efficiency can be maintained for middle schoo l students. If necessary, staggered arrival times may be fu rther adjusted to ensure order ly traffic. The project is expected to have no or minimal impact for drop-off and pick-up activities.

SITE ACCESS
The project site maintains two e xisting access driveways on McF adden Avenue. The west driveway provides ingress and egress access in both directions. The east driveway allows egress traffic only. Site access has been operating for years without issue. It is necessary that the height of shr ubs, planting, and other visual obstructions be limited to a maximum height of thirty inches to maintain sufficient corner sight distance at the driveways.

ON-SITE CIRCULATION
On-site circulation appears e fficient and safe without unnecess ary bottlenecks. In general, the likelihoods of on-site congestion and traffic queu e are low. The site plan is subject to review and approval by the Fire Department, Planning Department and Traffic Engineer.

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APPENDIX A

TURNING MOVEMENT COUNT DATA

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DATE: LOCATION: PROJECT #: SC5141
Wed, Jan 22, 25 NORTH & SOUTH: LOCATION #: 1
EAST & WEST: CONTROL: SIGNAL
NOTES: AM ▲
PM N
MD ◄ W E ►

OTHER S
OTHER ▼

NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND

NL NT NR S L ST SR E L ET ER W L WT WR TOTA L
LANES: 120 1 3012012 0
7:00 AM 23 160 31 25 338 7 22 55 28 9 39 28 765
7:15 AM 12 149 13 37 415 20 30 78 36 23 94 27 934
7:30 AM 18 262 18 22 526 47 28 79 51 30 99 23 1,203
7:45 AM 43 247 28 34 448 43 39 105 64 43 111 36 1,241
8:00 AM 38 221 22 38 413 64 36 86 54 35 114 48 1,169
8:15 AM 25 231 19 27 497 41 40 95 61 19 78 21 1,154
8:30 AM 28 249 21 25 393 56 51 100 51 15 100 30 1,119
8:45 AM 26 210 23 31 339 49 46 70 55 26 113 20 1,008
VOLUMES 213 1,729 175 239 3,369 327 292 668 400 200 748 233 8,594 APPROACH % 10% 82% 8% 6% 86% 8% 21% 49% 29% 17% 63% 20% APP/DEPART 2,117 / 2,255 3,936 / 3,969 1,360 / 1,082 1,181 / 1,288 0

BEGIN PEAK HR
VOLUMES 124 961 87 121 1,884 195 143 365 230 127 402 128 4,767 APPROACH % 11% 82% 7% 6% 86% 9% 19% 49% 31% 19% 61% 19% PEAK HR FACTOR 0.921 0.924 0.887 0.834 0.960
APP/DEPART 1,172 / 1,232 2,200 / 2,241 738 / 573 657 / 721 0 4:00 PM 41 352 21 33 271 44 53 121 35 19 110 43 1,143
4:15 PM 45 367 16 28 243 44 42 116 39 30 105 31 1,106
4:30 PM 28 318 18 37 266 34 42 104 39 23 103 37 1,049
4:45 PM 34 386 13 38 277 47 41 85 37 16 88 42 1,104
5:00 PM 40 324 23 32 268 37 38 88 62 30 124 35 1,101
5:15 PM 39 402 18 35 305 51 39 104 55 32 108 40 1,228
5:30 PM 42 326 23 32 243 44 52 115 44 26 121 50 1,118
5:45 PM 35 378 18 40 282 49 42 94 33 13 87 24 1,095
VOLUMES 304 2,853 150 275 2,155 350 349 827 344 189 846 302 8,944 APPROACH % 9% 86% 5% 10% 78% 13% 23% 54% 23% 14% 63% 23% APP/DEPART 3,307 / 3,504 2,780 / 2,688 1,520 / 1,252 1,337 / 1,500 0

BEGIN PEAK HR
VOLUMES 155 1,438 77 137 1,093 179 170 392 198 104 441 167 4,551 APPROACH % 9% 86% 5% 10% 78% 13% 22% 52% 26% 15% 62% 23% PEAK HR FACTOR 0.910 0.901 0.900 0.904 0.927
APP/DEPART 1,670 / 1,775 1,409 / 1,395 760 / 606 712 / 775 0 S Euclid St

NORTH LEG
W McFadden Ave WEST LEG EAST LEG W McFadden Ave

SOUTH LEG
S Euclid St
AM
7:30 AM
PM
4:45 PM
S Euclid St S Euclid St W McFadden Ave W McFadden Ave

INTERSECTION TURNING MOVEMENT COUNTS
PREPARED BY: AimTD LLC. tel: 714 253 7888 [email protected] Santa Ana
S Euclid St
W McFadden Ave

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APPENDIX B
LEVEL OF SERVICE ANALYSIS – ICU METHODOLOGY

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K2 Traffic Engineering, Inc.

Traffic Scenario: Existing
Intersection # 1
Project: Saigon Reformed Church
North/South St: Euclid St Date: 3/5/25
East/West St: McFadden Ave By: KH
A.M. Peak Hour P.M. Peak Hour
No, Critical Volumes Volumes
Movement of Lane Critical V/C Critical Critical V/C Critical Lanes Capacity Total Lane Ratio V/C Total Lane Ratio V/C :Left 1.0 1600 124 124 0.078 0.078 155 155 0.097
Northbound :Thru 2.0 1700 961 524 0.308 1438 758 0.446 0.446 Right: 1600 87 77
:Left 1.0 1600 121 121 0.076 137 137 0.086 0.086
Southbound :Thru 3.0 1700 1884 693 0.408 0.408 1093 424 0.249 Right: 1600 195 179
:Left 1.0 1600 143 143 0.089 170 170 0.106
Eastbound :Thru 2.0 1700 365 298 0.175 0.175 392 295 0.174 0.174 Right: 1600 230 198
:Left 1.0 1600 127 127 0.079 0.079 104 104 0.065 0.065
Westbound :Thru 2.0 1700 402 265 0.156 4 86 0.050
Right: 1600 128 167
Sum of Critical V/C Ratios 0.740 0.771
Adjustments for Lost Time 0.050 0.050
Intersection Capacity Utilization (ICU) 0.790 0.821
Level of Service (LOS) C D
NOTES: Level of Service (LOS) Critical Lane Flow Factors A 0.00 ~ 0.60 0.5 Lanes: 2.00
B 0.61 ~ 0.70 1 Lane: 1.00
C 0.71 ~ 0.80 1.5 Lanes: 0.67
D 0.81 ~ 0.90 2 Lanes: 0.50
E 0.91 ~ 1.00 2.5 Lanes: 0.40
F 1.00+ 3 Lanes: 0.33
Intersection Capacity Utilization Analysis (ICU)

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K2 Traffic Engineering, Inc.

Traffic Scenario: Existing + Project
Intersection # 1
Project: Saigon Reformed Church
North/South St: Euclid St Date: 3/5/25
East/West St: McFadden Ave By: KH
A.M. Peak Hour P.M. Peak Hour
No, Critical Volumes Volumes
Movement of Lane Critical V/C Critical Critical V/C Critical Lanes Capacity Total Lane Ratio V/C Total Lane Ratio V/C :Left 1.0 1600 126 126 0.079 0.079 155 155 0.097
Northbound :Thru 2.0 1700 961 524 0.308 1438 758 0.446 0.446 Right: 1600 87 77
:Left 1.0 1600 121 121 0.076 137 137 0.086 0.086
Southbound :Thru 3.0 1700 1884 694 0.408 0.408 1093 424 0.249 Right: 1600 197 179
:Left 1.0 1600 145 145 0.091 171 171 0.107
Eastbound :Thru 2.0 1700 367 300 0.176 0.176 393 296 0.174 0.174 Right: 1600 232 199
:Left 1.0 1600 127 127 0.079 0.079 104 104 0.065 0.065
Westbound :Thru 2.0 1700 405 267 0.157 5 86 0.051
Right: 1600 128 167
Sum of Critical V/C Ratios 0.742 0.771
Adjustments for Lost Time 0.050 0.050
Intersection Capacity Utilization (ICU) 0.792 0.821
Level of Service (LOS) C D
NOTES: Level of Service (LOS) Critical Lane Flow Factors A 0.00 ~ 0.60 0.5 Lanes: 2.00
B 0.61 ~ 0.70 1 Lane: 1.00
C 0.71 ~ 0.80 1.5 Lanes: 0.67
D 0.81 ~ 0.90 2 Lanes: 0.50
E 0.91 ~ 1.00 2.5 Lanes: 0.40
F 1.00+ 3 Lanes: 0.33
Intersection Capacity Utilization Analysis (ICU)

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K2 Traffic Engineering, Inc.

Traffic Scenario: Existing + Growth
Intersection # 1
Project: Saigon Reformed Church
North/South St: Euclid St Date: 3/5/25
East/West St: McFadden Ave By: KH
A.M. Peak Hour P.M. Peak Hour
No, Critical Volumes Volumes
Movement of Lane Critical V/C Critical Critical V/C Critical Lanes Capacity Total Lane Ratio V/C Total Lane Ratio V/C :Left 1.0 1600 125 125 0.078 0.078 157 157 0.098
Northbound :Thru 2.0 1700 971 530 0.311 1452 765 0.450 0.450 Right: 1600 88 78
:Left 1.0 1600 122 122 0.076 138 138 0.086 0.086
Southbound :Thru 3.0 1700 1903 700 0.412 0.412 1104 428 0.252 Right: 1600 197 181
:Left 1.0 1600 144 144 0.090 172 172 0.108
Eastbound :Thru 2.0 1700 369 301 0.177 0.177 396 298 0.175 0.175 Right: 1600 232 200
:Left 1.0 1600 128 128 0.080 0.080 105 105 0.066 0.066
Westbound :Thru 2.0 1700 406 268 0.157 4 87 0.051
Right: 1600 129 169
Sum of Critical V/C Ratios 0.747 0.777
Adjustments for Lost Time 0.050 0.050
Intersection Capacity Utilization (ICU) 0.797 0.827
Level of Service (LOS) C D
NOTES: Level of Service (LOS) Critical Lane Flow Factors A 0.00 ~ 0.60 0.5 Lanes: 2.00
B 0.61 ~ 0.70 1 Lane: 1.00
C 0.71 ~ 0.80 1.5 Lanes: 0.67
D 0.81 ~ 0.90 2 Lanes: 0.50
E 0.91 ~ 1.00 2.5 Lanes: 0.40
F 1.00+ 3 Lanes: 0.33
Intersection Capacity Utilization Analysis (ICU)

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K2 Traffic Engineering, Inc.

Traffic Scenario: Existing + Growth + Project
Intersection # 1
Project: Saigon Reformed Church
North/South St: Euclid St Date: 3/5/25
East/West St: McFadden Ave By: KH
A.M. Peak Hour P.M. Peak Hour
No, Critical Volumes Volumes
Movement of Lane Critical V/C Critical Critical V/C Critical Lanes Capacity Total Lane Ratio V/C Total Lane Ratio V/C :Left 1.0 1600 127 127 0.079 0.079 157 157 0.098
Northbound :Thru 2.0 1700 971 530 0.311 1452 765 0.450 0.450 Right: 1600 88 78
:Left 1.0 1600 122 122 0.076 138 138 0.086 0.086
Southbound :Thru 3.0 1700 1903 701 0.412 0.412 1104 428 0.252 Right: 1600 199 181
:Left 1.0 1600 146 146 0.091 173 173 0.108
Eastbound :Thru 2.0 1700 371 303 0.178 0.178 397 299 0.176 0.176 Right: 1600 234 201
:Left 1.0 1600 128 128 0.080 0.080 105 105 0.066 0.066
Westbound :Thru 2.0 1700 409 269 0.158 5 87 0.051
Right: 1600 129 169
Sum of Critical V/C Ratios 0.749 0.778
Adjustments for Lost Time 0.050 0.050
Intersection Capacity Utilization (ICU) 0.799 0.828
Level of Service (LOS) C D
NOTES: Level of Service (LOS) Critical Lane Flow Factors A 0.00 ~ 0.60 0.5 Lanes: 2.00
B 0.61 ~ 0.70 1 Lane: 1.00
C 0.71 ~ 0.80 1.5 Lanes: 0.67
D 0.81 ~ 0.90 2 Lanes: 0.50
E 0.91 ~ 1.00 2.5 Lanes: 0.40
F 1.00+ 3 Lanes: 0.33
Intersection Capacity Utilization Analysis (ICU)

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APPENDIX C

QUEUE ANALYSIS

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Queues
1: Euclid St & McFadden 03/05/2025
Existing - AM 12/20/2018 Existing - AM Synchro 10 Report