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ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADDING ARTICLE XV TO CHAPTER 10 OF
THE SANTA ANA MUNICIPAL CODE REGARDING
REPORTING THE TRANSPORT OF PERSONS WHO LACK
A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
RESIDENCE.
WHEREAS, The Point in Time count for 2026 conducted by the County of Orange (“County”) found 714 unsheltered individuals and 601 sheltered individuals;
WHEREAS, the City of Santa Ana operates the Navigation Center, a City run shelter with 200 beds and is also home to the Yale Navigation Center with 425 beds run by the County;
WHEREAS, the City of Santa Ana is home to the County’s Men’s and Women’s Central Jail which often releases individuals previously housed at those facilities onto the streets of Santa Ana;
WHEREAS, 20.8% of the County’s unsheltered and sheltered homeless population are residing in Santa Ana;
WHEREAS, 45.04% of the unsheltered population in the County have substance abuse issues;
WHEREAS, 32.89% of the unsheltered population in Orange County have serious mental health issues;
WHEREAS, 34.82% of the unsheltered population in Orange County have physical disabilities;
WHEREAS, Santa Ana has spent significant public resources addressing homelessness including but not limited to: operating a City -run shelter, deploying the QOLT team, and partnering with City Net to provide a non-police response and resources to the homeless population;
WHEREAS, in June 2026, City Net in partnership with the City made 521 outreach contacts, 21 substance abuse assessments, were dispatched to 935 calls, got 113 individuals off the street and housed 12 individuals;
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WHEREAS, due to the significant deployment of resources to address homelessness in the City of Santa Ana, the City has seen a decrease of 25.7% in the unsheltered and sheltered homeless population in the City since 2019;
WHEREAS, Santa Ana has 488 permanent supportive housing units, the largest number of permanent supportive housing units in Orange County;
WHEREAS, when other public agencies and organizations transport or leave unsheltered and/or homeless individuals in the City it creates a nuisance for the City and takes away City services allocated for City residents. It also increases the burden on law enforcement, fire and ambulance services;
WHEREAS, the City is home to two hospitals and several other care centers which treat individuals from all over the County. When these individuals are discharged, if unsheltered they often remain in the City instead of being transported back to the City they resided in prior to hospitalization or treatment;
WHEREAS, in an effor t to mitigate these negative effects on City resources and the financial burden created and to establish a coordinated response to homelessness and availability of City services, it is necessary for the City to receive notice when persons lacking a fixed, regular and adequate nighttime resident are transported into the City; WHEREAS, the City has authority to make and enforce within its limits all police, sanitary and other ordinances and regulations not in conflict with general law pursuant to its police powers set forth in Article XI, Section 7 of the California Constitution; and
WHEREAS, this ordinance establishes baseline reporting requirements that are minimally burdensome and provide necessary information to the City which will allow for (1) coordination of resources and give important background information (for example where the individual last resided and whether they have connections to that area) which can often facilitate housing and a plan for supportive services.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City hereby adds Article XV entitled “Reporting of Transport of Persons who Lack a Fixed, Regular, and Adequate Nighttime Residence” to Chapter 10 of the Santa Ana Municipal Code to read as follows:
Chapter 10 – CRIMES AND MISCELLANEOUS LAW ENFORCEMENT
PROVISIONS
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ARTICLE XV. – REPORTING OF TRANSPORT OF PERSONS WHO LACK A
FIXED, REGULAR AND ADEQUATE NIGHTTIME RESIDENCE
Sec. 10-1001. - Purpose
This article shall be known as the Reporting of Transport of Persons Who Lack a Fixed, Regular and Adequate Nighttime Residence. The purpose of this article is to:
(a) Identify the place of origin for persons who lack a fixed, regular, and adequate nighttime residence in the city;
(b) Identify any county, city, other governmental entity, or other organization that transports persons who lack a fixed, regular, and adequate nighttime residence in the city;
(c) Require government agencies and other organizations to aid such persons by providing shelter, care, outreach, and other homelessness-related resources in their own jurisdictions rather than simply just transporting these individuals to the city;
(d) Manage and prioritize the city’s limited homelessness-related resources (including shelter and outreach) for the benefit of individuals who reside in or originate from the city; and
(e) Prevent government agencies and other organizations from engaging in cruel and inhumane treatment of unhoused individuals by leaving them in the city without any coordinated plan for services.
Sec. 10-1002. – Definitions.
For the purpose of this article, the following terms have the following meanings:
(a) "City" means the City of Santa Ana.
(b) "Lacks Fixed, Regular, and Adequate Nighttime Residence" means a person:
1) Has a primary nighttime residence that is a public or private place not meant for habitation; or
2) Lives in a publicly or privately-operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional Ordinance No. NS-XXX
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housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs); or
3) Is exiting an institution where he/she has resided for ninety days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution; or
4) Is exiting a detention center in the city without having a primary nighttime residence in the city to go to after being released.
(c) “Place of origin” for purposes of this section means the city or state or jurisdiction in which the individual stayed for the majority of the six months immediately preceding the pre-scheduled drop-off as evidenced by a driver’s license, identification card, or utility bill, excluding temporary stays at homeless shelters, sobering/recovery centers, medical facilities, or detention centers in the city.
Sec. 10-1003. -Duties.
(a) Pre-scheduled drop-offs can only occur during normal business hours 8:00 am to 5:00 p.m. Sunday through Saturday.
(b) Before any government entity or other organization, or employee or agent acting on behalf of any governmental entity or other organization can transport and drop off an individual who lacks a fixed, regular, and adequate nighttime residence on public or private property accessible to the public in the City, the employee/agent acting on behalf of any governmental entity or other organization shall notify in writing via email the City Manager and the Executive Director of Community Development Agency for the city of the transport and drop-off 24 hours in advance of the occurrence to ensure proper coordination so the individual goes into supportive services and does not end up living on the streets in the city. When a public entity or other organization notifies the city of an upcoming drop -off, they must provide the following written information (“Initial Notice”) to the city to ensure continuity of services:
1) The name, address, phone number, and email address of the government entity or other organization providing the notice; 2) The date and time of the notification;
3) The staff person submitting the notification;
4) The full name (first name, last name, and middle initial), date of birth, phone number of the individual being transported and/or dropped off; 5) The location where the person named is being transported from; Ordinance No. NS-XXX
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6) The reason for transport (Shelter placement, Family Reunification, Medical/Behavioral Health, Other: );
7) The name, address, phone number and email of the organization to whom the person being transported is being delivered;
8) Whether the organization receiving the person being transported has confirmed the acceptance of the person prior to being transported; 9) A list of any conditions that the organization receiving the person being transported requires prior to their acceptance of that person; 10) The name and title of the staff person who has agreed to receive the person being transported;
11) The expected date, time, and mode of transportation by which the person is being transported;
12) The names and titles of staff members accompanying the person being transported;
13) Whether the person being transported requires any assistance to maintain Activities of Daily Living (Y/N);
14) The criminal justice status of the person being transported (i.e.
Probation/Parole (County: );
15) Whether person being transported is required to be listed on Sex Offender Registry, per California Penal Code 290 (Y/N); 16) Whether the person being transported has any Arson Related Restrictions (Y/N);
(c) Within 24 hours after submitting notice, per section (b) above, and/or after any government entity or other organization, or any employee or agent acting on behalf of any governmental entity or other organization transports and/or drops off an individual who lacks a fixed, regular, and adequate nighttime residence on public property or private property that is accessible to the public in the City, the employee/agent acting on behalf of any governmental entity or other organization shall send via email a drop-off confirmation notice (“Confirmation Notice”) to: the city manager and the executive director community development agency for the city of the status of the transport/drop-off to ensure proper coordination so the individual goes into supportive services and does not end up living on the streets in the city. The notice shall include:
1) The name of the individual transported and/or the name of the person for whom the notice, as per section (b) above, was submitted; 2) The exact drop-off location of the person transported; The date and time of the drop-off;
3) Whether the person being dropped off was successfully placed into services;
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4) The name and title of the staff member that accepted the person being dropped-off into their services;
5) If a person was not transported and/or successfully placed into services, an explanation of why the person was not transported and/or successfully placed, including a description of what happened to the person and whether any follow-up contact has been scheduled.
(d) Subsection (a) shall not be interpreted to prohibit the following activities:
1) Transporting a person to be booked into a county jail or admitted to a county-designated custody alternative facility (e.g., a county -designated sobering center); or
2) Transporting a person to be treated at a licensed hos pital or medical facility;
3) Transporting a person to attend a verified appointment with a governmental or nonprofit social service provider;
4) Transporting a person to attend a verified hearing at the Orange County Superior Court branch in the city;
5) Any transportation or drop-off activities undertaken by the city within the city; or
6) The operations of a governmental provider of public
transportation, such as the Orange County Transportation Authority.
Sec. 10-1004.—Enforcement.
(a) Any person, governmental entity, agency or other organization who transports into the city a person who lacks a fixed, regular, and adequate nighttime residence and who fails to comply with the provisions of this article shall be subject to an administrative citation for each day of non-compliance. (b) Unless otherwise specified herein, all administrative citations issued for violations of this article shall be subject to the provisions set forth in Chapter 1, sections 1-21 through 1-21.9, of this code, including, but not limited to, the administrative hearing and appeal process and the city's authority to use any civil remedy available to collect any unpaid administrative fines.
Section 2. If any section, subsection, clause or phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of Ordinance No. NS-XXX
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competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council for the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase or portion thereof irrespective of the fact that any one of more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional.
Section 3. The City Council has reviewed this ordinance, staff report, administrative record including written and oral public comment and hereby finds that this ordinance is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change, is not a project, and there is no possibility that the activity may have a significant effect on the environment pursuant to Title 14 of the California Code of Regulations §§ 15060(c)(2), 15060(c)(3), and/or 15061(b)(3).
Section 4. This ordinance shall become effective thirty (30) days after its adoption.
Section 5. 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 September, 2026.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
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AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
Ordinance No. NS-XXX