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Agenda Packet_2026-02-03
City Council Meeting Packet February 3, 2026 CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 0d Valerie Amezcua Mayor Thai Viet Phan Benjamin Vazquez Councilmember—Ward 1 Councilmember- Ward 2 Jessie Lopez Phil Bacerra Councilmember-Ward 3 Councilmember- Ward 4 Johnathan Ryan Hernandez David Penaloza Councilmember-Ward 5 Mayor Pro Tern-Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Alvaro Nunez Jennifer L. Hall City Attorney City Manager City Clerk In compliance with the Americans with Disabilities Act(ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz,City ADA Program Coordinator,at(714)647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.The City Council agenda and supporting documentation can be found on the City's website—www.santa-ana.org/agendas-and-minutes. City Council 1 2/3/2026 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision -The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct- At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity• Honesty• Responsibility • Fairness • Accountability• Respect • Efficiency City Council 2 2/3/2026 Members of the public may attend the City Council meeting in-person or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a-)santa-ana.orq. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION —As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/m/315965149. To join the Conference Call: Dial (669) 900- 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, or iv) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN-PERSON OPTION - Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. City Council 3 2/3/2026 The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON-AGENDA ITEMS (GENERAL PUBLIC COMMENT)—You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEM —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretaci6n al espanol en las juntas del Consejo. La interpretaci6n simultanea al espanol se ofrece por medio del use de audifonos y la interpretaci6n consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball+) or download a pdf(the cloud symbol with the down arrow , ). City Council 4 2/3/2026 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez Mayor Pro Tern David Penaloza Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS— The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: 1. Service Employees International Union, Full-Time Employees Unit (SEIU-FT) 2. Service Employees International Union, Part-Time Non-Civil Service Employees Unit (SEIU-PTNCS) 3. Service Employees International Union, Part-Time Civil Service Employees Unit (SEIU-PTCS) 4. Santa Ana Police Officers Association (POA) 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider Employee Organizations: 1. Confidential Association of Santa Ana (CASA) City Council 5 2/3/2026 2. Santa Ana Middle Management Association (SAMA) 3. Santa Ana Police Management Association (PMA) 4. Unrepresented Seasonal Employees 3. CONFERENCE WITH LEGAL COUNSEL— SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Section 54956.9(d)(2) of the Government Code: Three (3) Matters [Personnel Complaints] 4. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: * One (1) case— Union Pacific RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez Mayor Pro Tern David Penaloza Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Police Chaplain ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Templo Calvario for Outstanding Contributions to the Community 2. Certificates of Recognition presented by Councilmember Lopez to Mothers Against Drunk Drivers (MADD) for Outstanding Contributions to the Community 3. Certificates of Recognition presented by Councilmember Hernandez to students of the Suavecito Foundation for Exemplary Leadership in Youth Government City Council 6 2/3/2026 CLOSED SESSION REPORT— The City Attorney will report on any action(s)from Closed Session. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 17 and waive reading of all resolutions and ordinances. 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Minutes from the Regular Meeting of January 20, 2026 Department(s): City Clerk's Office Recommended Action: Approve minutes. 6. Appoint Emilio Ramirez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Rental Housing Board for a Partial Term Expiring in 2027 Department(s): City Clerk's Office Recommended Action: Appoint Emilio Ramirez to the Rental Housing Board as the Ward 6 representative and administer the Oath of Office (Pursuant to SAMC Sec. 2- 326(a), requires five affirmative votes). 7. 2025 Update on the East First Street Quality of Life Initiative Department(s): Police Department Recommended Action: Receive and file. 8. In-Car Cameras at the Santa Ana Police Department Department(s): Police Department Recommended Action: Receive and file information presented in this report regarding the feasibility of deploying in-car camera systems at the Santa Ana Police Department (SAPD). City Council 7 2/3/2026 9. Agreement with Manatt Government Strategies, LLC for Federal Legislative Advocacy Services (Specification No. 25-143) (General Fund) Department(s): City Manager's Office Recommended Action: Authorize the City Manager to execute an agreement with Manatt Government Strategies LLC for Federal Legislative Advocacy Services for a three-year term in an amount not to exceed $352,800, from March 1, 2026 through February 28, 2029 with the option for two (2) one-year extensions for a total not to exceed amount of$588,000 (Agreement No. A-2026-XXX). 10. Agreement with Townsend Public Affairs for State Legislative Advocacy Services (Specification No. 25-142) (General Fund) Department(s): City Manager's Office Recommended Action: Authorize the City Manager to execute an agreement with Townsend Public Affairs for State Legislative Advocacy Services for a three-year term, from March 1, 2026 through February 28, 2029 with the option for two (2) one- year extensions for a total not to exceed amount of$375,000 (Agreement No. A- 2026-XXX). 11. Agreement with Midwest Tape for Hoopla Digital Book, Video, and Music Content (Cannabis Public Benefit Fund) Department(s): Library 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). 12. Agreement for Payment In-Lieu of Taxes for Properties located at 3601, 3611, 3621, and 3631 S. Harbor Boulevard (APN: 414-261-07) Department(s): Planning and Building Agency 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). 13. Agreement with Trimble Inc. for Public Works Asset Management Software (Specification No. 26-001) (Non-General Fund) Department(s): Public Works Agency 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, City Council 8 2/3/2026 2027 (Agreement No. A-2026-XXX). 14. 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] Department(s): Police Department 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). 15. 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) Department(s): Police Department 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). 16. Resolution for Police Oversight Commission Bylaws Department(s): City Manager's Office 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 17. 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. Department(s): Public Works Agency Recommended Action: Conduct a second reading and adopt an ordinance amending Section 2-748 of Article VI I, of Chapter 2 of the Santa Ana Municipal Code (SAMC) specifying the procurement and contracting procedure for vehicle and vehicle City Council 9 2/3/2026 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 **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS — Members of the public may address the City Council on the Public Hearing item. 18. 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. Department(s): Planning and Building Agency 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) COUNCILMEMBER REQUESTED ITEMS 19. Discuss and Consider Providing Direction to the City Manager to Prepare a Public Report and Direct the Police Oversight Commission to Hold a Public Hearing Regarding Law Enforcement Response to a Demonstration at the Santa Ana Civic Center— Councilmember Vazquez CITY MANAGER COMMENTS City Council 10 2/3/2026 COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT—Adjourn the City Council meeting. Future Items 1. Construction Contract for Fire Station 71 2. First Street Multimodal Boulevard Study POSTING STATEMENT: On January 27, 2026, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes. City Council 11 2/3/2026 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California January 20, 2026 CLOSED SESSION MEETING - 4:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: MayorAmezcua called the Closed Session meeting to orderat 4:12 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL 1 JANUARY 20, 2026 City Council 5 - 1 2/3/2026 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Lopez, Phan, and Penaloza (arrived at 4:14 P.M.), Mayor Pro Tem Vazquez, and Mayor Amezcua were present. Councilmember Hernandez joined during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS.— Members of the public may address the City Council on Closed Session items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: fifteen (15) closed session comments. The following speakers addressed City Council in-person: 1. Luis Sarmiento spoke regarding Closed Session Item No. 1 and asked Council for their support. 2. Ricardo Muniz spoke regarding Closed Session Item No. 1 regarding the community engagement component of Thrive. 3. Cynthia Perez spoke regarding Closed Session Item No. 1, community assistance, and in favor of the item. 4. Patricia Vazquez (translation: Spanish) spoke in favor of Closed Session Item No. 1. The following speaker addressed City Council via teleconference: 5. Ana Charco spoke in favor of Closed Session Item No. 1. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: MayorAmezcua recessed to consider the Closed Session items at 4:31 P.M. CLOSED SESSION ITEMS—The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CITY COUNCIL 2 JANUARY 20, 2026 City Council 5 - 2 2/3/2026 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8: Property: 1901 West Walnut, APN 007-332-08 Agency Negotiator: Michael L. Garcia, Executive Director of Community Development Negotiating Parties: THRIVE Santa Ana Inc. Under Negotiation: Purchase Price and Terms of Payment MINUTES: Councilmember Phan recused herself from Closed Session Item No. 1 as the party is a client of her employer, Rutan and Tucker. She left the Closed Session room at 4:31 P.M. and returned at 4:35 P.M., having confirmed that she did not have a conflict. 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. City of Santa Ana v. Rose Marie Bizarro; and Does 1 to 10, OCSC Case No.: 30-2025-01522368-C U-PA-WJ C b. Irma De La Cruz v City of Santa Ana, Orange County Superior Court, Case No. 30-2023-01333642 c. Anthony Cardenal v. City of Santa Ana, Orange County Superior Court Case No. 30-2022-01293127 d. John Kachirisky v. City of Santa Ana, Orange County Superior Court Case No. 30-2023-01348299 e. Nelson Menendez v. City of Santa Ana, Orange County Superior Court Case No. 30-2023-01339537 f. Manuel Moreno v. City of Santa Ana, Orange County Superior Court Case No. 30-2024-01372127 g. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30-2022-01287702 h. Judith Valdez v. City of Santa Ana, Orange County Superior Court Case No. 30-2023-01359457 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: 1. Service Employees International Union, Full-Time Employees Unit (SEIU- FT) 2. Service Employees International Union, Part-Time Non-Civil Service Employees Unit (SEIU-PTNCS) 3. Service Employees International Union, Part-Time Civil Service Employees Unit (SEIU-PTCS) 4. Santa Ana Police Officers Association (POA) CITY COUNCIL 3 JANUARY 20, 2026 City Council 5 - 3 2/3/2026 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider Employee Organizations: 1. Confidential Association of Santa Ana (CASA) 2. Santa Ana Middle Management Association (SAMA) 3. Santa Ana Police Management Association (PMA) 4. Unrepresented Seasonal Employees RECONVENE—City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:28 P.M. ATTENDANCE Councilmembers Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Daniel Diaz WORDS OF INSPIRATION Bob Barnett, Police Chaplain ADDITIONS\DELETIONS TO THE AGENDA MINUTES: None CITY COUNCIL 4 JANUARY 20, 2026 City Council 5 - 4 2/3/2026 CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Councilmember Bacerra to Otoniel Gomez for Acts of Bravery MINUTES: Councilmember Bacerra presented a certificate of recognition to Otoniel Gomez for acts of bravery. 2. Certificate of Recognition presented by Councilmember Lopez to Francis Co for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Francis Co for outstanding contribution to the community. 3. Proclamation presented by Councilmember Penaloza to the United States Postal Workers in Santa Ana for Outstanding Contributions to the Community MINUTES: Councilmember Penaloza presented a certificate of recognition to the United States Postal Workers in Santa Ana for outstanding contributions to the community. CLOSED SESSION REPORT—The City Attorney will report on any action(s)from Closed Session. MINUTES: City Attorney Sonia Carvalho reported for Closed Session Item No. 2B, Irma De La Cruz v City of Santa Ana, the City Council voted 6-0-1 (Councilmember Hernandez absent) to settle the case for$135,000, and for Item No. 2G, Rita Ramirez v. City of Santa Ana, the City Council voted 6-1 (Councilmember Hernandez voted "no') to appeal the verdict of the case. PUBLIC COMMENTS.—Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: (31) Agenda Item No. 16 and (12) non-agenda comments. The following speakers addressed City Council in-person: 1. Patricia Huerta introduced Cory Vigil and spoke regarding veteran services within the community. 2. Bruce Senator spoke regarding the submittal of his initiative, functional auditing within the City, and requested support for immigrant communities. 3. Roberto Herrera stated the City has stripped the Parks and Recreation logo from use, spoke regarding the loss of$7 million dollars, and requested the City Manager explain at the next Commission meeting the loss of monies. CITY COUNCIL 5 JANUARY 20, 2026 City Council 5 - 5 2/3/2026 4. Daniel Shimell spoke regarding the death of Renee Good and requested Council set a policy on how to respond to unlaw enforcement actions by ICE and other federal agencies. 5. Victor Payan spoke regarding the United Artists of Santa Ana (UASA) proposal to the California Arts Council Cultural Districts program for the historic Main Street submission for designation as a State cultural district. 6. Ruben Salazar spoke regarding Agenda Item No. 16. 7. Dale Helvig spoke regarding the City's sponsorship policy. The following speaker addressed City Council via teleconference: 8. Sandra Pocha Pena Sarmiento spoke regarding the proposal for historic Main Street as a State Cultural District. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 25 and waive reading of all resolutions and ordinances. MINUTES:At 7:19 P.M., the Consent Calendar was considered. Mayor Pro Tem Vazquez announced a "No"vote on Agenda Item No. 13. Councilmember Penaloza announced a "No"vote on Agenda Item No. 8. Councilmember Bacerra announced a "No"vote on Agenda Item No. 8. Mayor Amezcua pulled Item No. 16 for separate discussion and consideration and announced a "No"vote on Agenda Item No. 8. Councilmember Hernandez announced a "No"vote on Agenda Item Nos. 13 and 15. CITY COUNCIL 6 JANUARY 20, 2026 City Council 5 - 6 2/3/2026 MOTION: Mayor Amezcua moved to approve Consent Calendar Item Nos. 4 through 25 with the exception of Agenda Item No. 16 pulled for separate discussion and consideration, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7- 0 - Pass 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Minutes from the Regular Meeting of December 2, 2025 Department(s): City Clerk's Office Recommended Action: Approve minutes. 6. Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on May 22, 2025, July 24, 2025, August 28, 2025, and September 25, 2025; the Regular Meetings of the Youth Commission on May 19, 2025, July 21, 2025, August 18, 2025, and October 20, 2025; the Regular Meeting of Measure X Citizens Oversight Committee on March 12, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025, July 10, 2025, August 14, 2025, September 11, 2025, October 9, 2025, November 12, 2025, and December 11, 2025 Department(s): City Clerk's Office Recommended Action: Receive and file. 7. Appoint Members to the Santa Ana Workforce Development Board Department(s): Community Development Agency Recommended Action: Appoint the following individuals to the Santa Ana Workforce Development Board: Kathy Jumper (replacing Darren Rutledge) for a partial four-year term expiring May 31, 2028, Christine Martinez (replacing Maria Rosa Lopez) for a partial four-year term expiring May 31 , 2028, and Dr. Lorraine CITY COUNCIL 7 JANUARY 20, 2026 City Council 5 - 7 2/3/2026 CITY COUNCIL 7 JANUARY 20, 2026 City Council 5 - 8 2/3/2026 Perez for a partial four-year term expiring May 31, 2026. 8. Authorize Staff to Prepare Documents for Water and Sewer Rate Adjustments (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize and direct staff to prepare all required documents necessary to proceed with notification of proposed water and sewer rate adjustments in compliance with Proposition 218 requirements, including, but not limited to, the following: a) Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements; b) Schedule a public hearing at a future City Council meeting, on or after March 17, 2026; c) Prepare all other documents required to proceed with water and sewer rate adjustments. MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 8 as part of the Consent Calendar, seconded by Councilmember Hernandez. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQ U EZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4— 3 — Pass 9. Fiscal Year 2024-25 General Fund Results Department(s): Finance and Management Services Recommended Action: Receive and file this informational report. 10.Fiscal Year 2024-25 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed-Upon-Procedures Report Department(s): Finance and Management Services Recommended Action: Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2025: CITY COUNCIL 8 JANUARY 20, 2026 City Council 5 - 9 2/3/2026 CITY COUNCIL 8 JANUARY 20, 2026 City Council 5 — 10 2/3/2026 1. The Auditor's unmodified "clean" opinion letter for the fiscal year 2024-25 Audited Financial Statements included in the Annual Comprehensive Financial Report (ACFR) 2. Government Auditing Standards (GAS) Letter 3. Governance Letter 4. Air Quality Management District (AQMD) Audited Financial Statements 5. The Auditor's report on the Appropriations Limit (GANN Limit) 6. The Auditor's report on compliance with the Statement of Investment Policy 7. Measure X Agreed-Upon-Procedures Report 11.Purchase Order Contracts to Bilan J Investment, Bright Event Rentals, and Cosmos Event Rentals for Event Equipment Rental Services (Specification No. 25-123) (General Fund & Non-General Fund) Department(s): Finance and Management Services Recommended Action: Award Aggregate Purchase Order Contracts to vendors listed below for event equipment rental services on an as-needed basis, in a total aggregate amount not to exceed $145,000 for a one-year term beginning January 20, 2026 through January 19, 2027, with provisions for four one-year renewal options for a total aggregate amount not to exceed $725,000 over a five-year period. Vendor Location Bilan J Investment Tukwila, WA Bright Event Rentals Los Angeles, CA Cosmos Event Rentals Anaheim, CA 12.Purchase Order Contracts to Dooley Enterprises, Inc., Miwall Corporation, and San Diego Police Equipment Co. Inc. for Ammunition (Specification No. 25-117) (General Fund) Department(s): Police Department Recommended Action: Award aggregate purchase order contracts to vendors listed below for ammunition on an as-needed basis in a total aggregate amount not to exceed $825,000, for an initial one-year term expiring January 19, 2027, with provisions for four, one-year renewal options. Vendor Location Dooley Enterprises, Inc. Anaheim, CA Miwall Corporation Grass Valley, CA San Diego Police Equipment Co. Inc. San Diego, CA CITY COUNCIL 9 JANUARY 20, 2026 City Council 5 — 11 2/3/2026 13.Appropriation Adjustment Accepting FY2024 Urban Area Security Initiative Grant Program Funds (Non-General Fund - UASI) Department(s): Police Department Recommended Action: Approve an Appropriation Adjustment recognizing $1,655,974 in grant revenue from the FY 2024 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2024 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes) MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 13 as part of the Consent Calendar, seconded by Councilmember Hernandez. The motion carried, 5-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, MAYOR PRO TEM VAZQ U EZ ABSTAIN: NONE ABSENT: NONE Status: 5 —2 — Pass 14.Agreement with Turbo Data Systems, Inc. for Automated Parking Citation and Processing Services (Specification No. 25-114) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Turbo Data Systems, Inc. to provide automated parking citation and processing services in an amount not to exceed $2,657,098, for a term beginning February 15, 2026 and expiring February 14, 2029, with provisions for two, one-year extensions (Agreement No. A-2026-001). 15.Agreement with Utility Response Training Associates, LLC to Provide Training Services for the Urban Area Security Initiative Grant Program FY2024 - FY2028 (Specification No. 25-118A) (Non-General Fund - UASI) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Utility Response Training Associates, LLC to provide on-going training deliverables to the Anaheim/Santa Ana Urban Area on an as-needed basis in an aggregate amount not to exceed $99,500, for the period of January 20, 2026 through January 19, 2029 with two, one-year renewal options (Agreement No. A-2026-002). CITY COUNCIL 10 JANUARY 20, 2026 City Council 5 — 12 2/3/2026 CITY COUNCIL 10 JANUARY 20, 2026 City Council 5 — 13 2/3/2026 MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 15 as part of the Consent Calendar, seconded by Councilmember Hernandez. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ ABSTAIN: NONE ABSENT: NONE Status: 6— 1 — Pass 16.Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Program (Specification No. 25-097) (Parking Enterprise Funds) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Romo Enterprises Inc. DBA DTSA Services for the Downtown Santa Ana Clean & Safe Program in an amount not-to-exceed $1,110,764 for a term beginning March 1, 2026 and expiring February 28, 2027, with provisions for two, one-year extensions for a total agreement amount not-to-exceed $3,501,682 (Agreement No. A-2026-003). MINUTES: Mayor Amezcua thanked Romo Enterprises for their services and spoke in support of the item. Councilmember Hernandez echoed Mayor Amezcua's comments and requested clarification on the contract and long-term success for the program. City Manager Alvaro Nunez explained the contract and expressed revenue is rising each year within DTSA. Councilmember Bacerra thanked Romo Enterprises for their efforts and spoke in support of the item. Councilmember Lopez thanked those who work in DTSA and spoke in support of the item. Councilmember Penaloza thanked Romo Enterprises, expressed support for the item, and clarified parking rates contribute to the Clean and Safe Program services. CITY COUNCIL 11 JANUARY 20, 2026 City Council 5 — 14 2/3/2026 CITY COUNCIL 11 JANUARY 20, 2026 City Council 5 — 15 2/3/2026 The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0 — Pass 17.Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Service Employees International Union Local 721 Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Service Employees International Union Local 721 ("SEIU") regarding wages, hours, and other terms and conditions of employment effective July 1, 2025 through December 31, 2025 and authorize non-substantive changes which may be necessary to implement the agreement (Agreement No. A-2026- 004). 18.Agreement with Insight Public Sector, Inc. for Volume Licensing and Maintenance for Microsoft Software and Products (Specification No. 26-005) (Non-General Fund) Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with Insight Public Sector, Inc. to provide volume licensing and maintenance for Microsoft software and products in an amount not to exceed $2,900,000, for a term beginning February 1, 2026 and expiring January 31, 2029. (Agreement No. A- 2026-005) 19.Historic Property Preservation Agreement for the Property Located at 1218 N. French Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below-referenced property owner for the identified structure (Agreement No. A-2026-006) [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 2025-95 will be filed for the project]. CITY COUNCIL 12 JANUARY 20, 2026 City Council 5 — 16 2/3/2026 Table 1: Mills Act Agreement Approved by the Historic Resources Commission HRC Property Historic Property Owner Preservation Agreement Address/House Vote by HRC No. Anna 1218 N. French 6:0:0:2 (Commissioners Lozano 2025-11 Street Imendral and Rincon absent 20.Relocation and Quitclaim of Easements within 3100 West Lake Center Drive for the South Coast Technology Center Project (Applicant: C.J. Segerstrom & Sons, a California General Partnership) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute quitclaim deeds relinquishing the City's interest in the existing easements at 3100 West Lake Center Drive. 21.Award of a Construction Contract to Cali State Paving, Inc., for the Construction of the Alley Improvements Project (Project No. 26-6910) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of$765,625, which includes $612,500 for the construction contract, $91,875 for contract administration, inspection, and testing, and $61,250 for unanticipated or unforeseen work. 2. Award a construction contract to Cali State Paving, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $612,500, subject to change orders, for the construction of the Alley Improvements Program Project (Project No. 26-6910), for a term beginning January 20, 2026 and authorize the City Manager to execute the contract. 3. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2025-8 will be filed for Project No. 26-6910. CITY COUNCIL 13 JANUARY 20, 2026 City Council 5 — 17 2/3/2026 22.Award of a Construction Contract to GEMS Environmental Management Services, Inc. to Construct the Fire Station 74 Fuel Station Replacement Project (Project No. 24-6053) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to include an additional $842,630 in construction funds for the Fire Station 74 Fuel Station Replacement Project (Project No. 24-6053). 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $842,630, which includes $674,104 for the construction contract, $101,115 for contract administration, inspection, and testing, and $67,411 for unanticipated or unforeseen work. 3. Award a construction contract to GEMS Environmental Management Services, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $674,104, subject to change orders, for construction of the Fire Station 74 Fuel Station Replacement Project (Project No. 24-6053), for a term beginning January 20, 2026 and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2025-116 will be filed for Project No. 24-6053. 23.Award of a Construction Contract to Golden Gate Steel, Inc., to Construct the Portola Splash Pad Project (Project No. 25-2401) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to include an additional $2,467,500 in construction funds for the Portola Splash Pad Project (Project No. 25-2401). 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,467,500, which includes $1,974,000 for the construction contract, $296,100 for contract administration, inspection, and testing, and $197,400 for unanticipated or unforeseen work. 3. Award a construction contract to Golden Gate Steel, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of$1,974,000, subject to change orders, for construction of the Portola Splash Pad Project (Project No. 25-2401), for a term beginning January 20, 2026 and authorize the City Manager to execute the contract. CITY COUNCIL 14 JANUARY 20, 2026 City Council 5 — 18 2/3/2026 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2025-118 will be filed for Project No. 25-2401. 24.First Amendment to the Agreement with Musco Sports Lighting, LLC to Install Additional LED Lighting at Centennial Park Playground (Project No. 26-6007) (General Fund & Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to include an additional $186,978 in construction funds for the Centennial Park Lighting Project (Project No. 26-6007). 2. Authorize the City Manager to execute a First Amendment to the agreement with Musco Sports Lighting, LLC to add playground LED sports lighting at Centennial Park, in an additional amount of$208,585, which includes $189,622 for construction and $18,963 for unanticipated or unforeseen work, for a total revised estimated project delivery cost of$1,516,978 (Agreement No. A-2026- 007). 25.Agreement with 1st Choice Pool & Spa Solutions for Pools, Outdoor Fountains, and Splash Pads Maintenance and Repair Services (Specification No. 25-120) (General Fund & Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with 1st Choice Pool & Spa Solutions to provide pools, fountains, and splash pads maintenance and repair services in an amount not-to-exceed $553,930, for a term beginning February 1, 2026 and expiring January 31, 2027, with provisions for four, one-year extensions for a total agreement amount not-to-exceed $2,009,618 (Agreement No. A-2026-008). **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES:At 7:28 P.M., the Business Calendar was considered. 26.Selection of Mayor Pro Tern for 2026 Pursuant to Santa Ana City Charter Section 405 Department(s): City Clerk's Office CITY COUNCIL 15 JANUARY 20, 2026 City Council 5 — 19 2/3/2026 Recommended Action: Nominate and elect one Councilmember to serve as Mayor Pro Tem for calendar year 2026. MINUTES: Councilmember Bacerra thanked Mayor Pro Tem Vazquez for his services and nominated Councilmember Penaloza for Mayor Pro Tem. Mayor Pro Tem Vazquez nominated Councilmember Hernandez for Mayor Pro Tem. MOTION: Councilmember Bacerra moved to appoint Councilmember Penaloza as Mayor Pro Tem for 2026, seconded by Mayor Amezcua. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, MAYOR PRO TEM VAZQUEZ ABSTAIN: NONE ABSENT: NONE Status: 4— 3 — Pass MOTION: Mayor Pro Tem Vazquez moved to appoint Councilmember Hernandez as Mayor Pro Tem for 2026, seconded by Councilmember Hernandez. The motion failed, 3-4, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, MAYOR PRO TEM VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 3—4 — Fail 27.Nominate and Appoint an Alternate Representative to the Southern California Association of Governments General Assembly Business Meeting Department(s): City Clerk's Office Recommended Action: Nominate and appoint an alternate for purposes of the Southern California Association of Governments General Assembly Business Meeting. CITY COUNCIL 16 JANUARY 20, 2026 City Council 5 — 20 2/3/2026 MOTION: Mayor Amezcua moved to appoint Councilmember Lopez as Alternate Representative to the Southern California Association of Governments General Assembly Business Meeting, seconded by Councilmember Lopez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0 — Pass 28.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 Department(s): Public Works Agency Recommended Action: Approve 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. ORDINANCE NO. NS-XXXX 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 MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 28, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0 — Pass CITY COUNCIL 17 JANUARY 20, 2026 City Council 5 — 21 2/3/2026 **END OF BUSINESS CALENDAR** PUBLIC HEARING MINUTES:At 7:33 P.M., the Public Hearing was considered. 29.Public Hearing - Second Reading and Adoption of Ordinance No. NS-3088 Adopting the Updated California and International Building and Fire Codes with Local Conditions Amendments First reading December 2, 2025 City Council meeting and approved by a vote of 7- 0. Legal notice published in the OC Reporter on December 19 and December 26, 2025. Department(s): Planning and Building Agency, Orange County Fire Authority Recommended Action: 1. Find that the proposed Ordinance is exempt under the provision of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3). 2. Conduct a public hearing and approve second reading and adoption of ordinance amending Chapters 8 and 14 of the Santa Ana Municipal Code adopting the State Building Regulations, including the 2024 International Property Maintenance Code, and certain modifications and changes with respect to local climatic, geographical and topographical conditions with the City of Santa Ana to the California Building, Existing Building, Residential, Green Standards, Electrical, Mechanical, Plumbing, Energy, Historical Building, and Fire Codes as amended by the State of California. ORDINANCE NO. NS-3088 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE MINUTES: Mayor Amezcua opened the Public Hearing at 7:34 P.M. City Clerk Jennifer L. Hall announced there were no email comments received and there were no speakers. Mayor Amezcua closed the Public Hearing at 7:35 P.M. CITY COUNCIL 18 JANUARY 20, 2026 City Council 5 — 22 2/3/2026 MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 29, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0— Pass **END OF PUBLIC HEARING** RECESS MINUTES: Mayor Amezcua recessed the City Council meeting to address the Housing Authority and Successor Agency agendas at 7:36 P.M. RECONVENE MINUTES: Mayor Amezcua reconvened the City Council at 7:38 P.M. CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nunez announced a Special City Council Meeting on January 23, 2026 for goal setting, and asked the community to look out for new openings and additions within the City. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Phan wished everyone a Happy New Year, and expressed gratitude to the City Manager, Director of Public Works, Rudy Rosas, engineering team, and Public Works team for receiving a grant to redesign and repair Euclid Street within Ward 1. Councilmember Vazquez congratulated Mayor Pro Tem Penaloza on his new appointment, thanked Councilmember Bacerra for his presentation, recognized Firehouse 73 and 75 for their work, and discussed ongoing efforts to assist and support the community regarding reported Immigration and Customs Enforcement(ICE si h�tings. CITY COUNCIL 19 JANUARY 20, 2026 City Council 5 — 23 2/3/2026 Councilmember Lopez announced her upcoming office hours at Santiago Park, invited the public to join a partnership with Orange County Habitats to clean debris within the creek and park on January 24, 2026, and spoke in memory of Jesus Alejandro Valdez and his impact within the community. Councilmember Hernandez expressed sentiments for Renee Nicole Good, Jesus Alejandro Valdez, and Keith Porter, and their families, and expressed concern with ICE and the Santa Ana Police Department. Councilmember Bacerra requested to adjourn the meeting in memory of Steve Cate, thanked City staff for posting calls for service on the City's website, announced his upcoming office hours at Lillie King Park on February 7, 2026, and encouraged the community to stay safe amid current events involving ICE. He wished everyone a good night and a Happy New Year. Mayor Pro Tem Penaloza echoed Councilmember Bacerra's comments on staying safe amid current events involving ICE, expressed sentiments to Renee Nicole Good, thanked Public Works staff on their construction efforts throughout the City and Parks and Recreation staff for their efforts within the Santa Ana Zoo, and wished his daughter a Happy 2„d Birthday and his mother a Happy Birthday. Mayor Amezcua echoed Mayor Pro Tem Penaloza's and Councilmember Bacerra's comments regarding ICE, urged the community to look at resources to help those affected by ICE, thanked the City Manager and staff for putting together the upcoming Goal Setting City Council Meeting on January 23, 2026, and requested data regarding drug analysis testing and comprehensive services to those living at the City's shelter to provide better shelter assistance. She announced the Santa Ana Chamber of Commerce will be hosting the Mayor's Prayer Breakfast at Templo Calvario Church on February 5, 2026, Coffee with the Mayor, Faith-Based meetings, and Neighborhood Associations will restart during January, and thanked staff and Deputy City Manager Sylvia Vazquez for their work with families and Ayudas Sin Fronteras, and wished everyone a Happy New Year. She spoke in memory of Doris Ann (Derleth) Horita. ADJOURNMENT—Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Renee Nicole Good, Jesus Alejandro Valdez, Keith Porter, Steve Cate, and Doris Ann (Derleth) Horita at 8:10 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk CITY COUNCIL 20 JANUARY 20, 2026 City Council 5 — 24 2/3/2026 Police Department www.santa-ana.org/pd Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 3, 2026 TOPIC: East First Street Quality of Life Initiative AGENDA TITLE 2025 Update on the East First Street Quality of Life Initiative RECOMMENDED ACTION Receive and file. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION In 2025, the East First Street corridor was a concentrated source of public safety and quality-of-life concerns, marked by open drug use, widespread homeless encampments, chronic disorder, and motel-based criminal activity involving narcotics trafficking and prostitution. These conditions generated frequent calls for service and negatively affected nearby schools, residents, and businesses. In response, the Police Department initiated focused, corridor-specific enforcement to implement a sustained strategy to address criminal activity, nuisance locations, and restore public order. Enforcement Activity In 2025, the Police Department's Operations Division enforcement efforts along the East First Street corridor resulted in the following: Enforcement Activity Misdemeanor Arrests 1,010 Felony Arrests 313 Total Arrests 1,323 Proposition 36 Arrests 252 Infraction Citations 239 Total Calls for Service 7,600 City Council 7 - 1 2/3/2026 East First Street Quality of Life Initiative February 3, 2026 Page 2 Cleanup Operations Alongside enforcement activity, cleanup operations were conducted along the East First Street corridor. Landscape West completed 1,190 total cleanups, focused on removing debris, addressing encampment-related complaints, and improving conditions affecting public health and safety. Additionally, the Clean City Enhancement program conducted 48 power wash operations and 84 bus bench cleanups along the East First Street corridor. Abatement Efforts and Interdepartmental Coordination Abatement activities remain a central component of the East First Street Quality of Life Initiative. The Police Department, Code Enforcement, and the City Attorney's Office continue to work collaboratively to address chronic nuisance properties and locations generating repeated calls for service. This coordinated approach integrates enforcement actions, administrative remedies, and legal strategies to promote long-term compliance and sustainable improvements. Currently, coordinated abatement efforts are underway at Sunshine Village, Royal Roman, Royal Grand Inn, Sunland Motel, and the El Tapatio Restaurant, with ongoing compliance monitoring and enforcement activity. This interdepartmental partnership ensures that public safety concerns are addressed holistically while maintaining due process and consistency with applicable laws and regulations. A significant highlight of 2025 was the coordinated enforcement and abatement action at 1427 East First Street (Sunshine Village). Through sustained collaboration between the Police Department, Code Enforcement, and the City Attorney's Office, the property was ultimately red-tagged, eliminating a long-standing source of criminal activity and quality-of-life concerns along the East First Street corridor. This outcome reflects the effectiveness of joint investigations, coordinated enforcement efforts, and legal action. Outreach and Service Engagement In addition to enforcement and abatement efforts, the initiative emphasizes outreach and service engagement for individuals experiencing homelessness and related vulnerabilities along the East First Street corridor. In 2025, City Net connected 342 individuals to services, including shelter placement, case management, substance use treatment referrals, and other supportive resources. Future Actions (2026) During calendar year 2026, the Police Department will continue to advance the East First Street Quality of Life Initiative through enhanced interagency coordination, targeted enforcement strategies, and expanded use of available statutory tools. The Police Department will continue to collaborate with the California Highway Patrol and other state officials to address quality-of-life issues associated with the California Department of Motor Vehicles (DMV) facility on East First Street. City Council 7 - 2 2/3/2026 East First Street Quality of Life Initiative February 3, 2026 Page 3 In addition, officers will utilize the expanded authorities provided under California Senate Bill (SB) 43, which modernizes mental health conservatorship laws by broadening the definition of"grave disability" to include individuals with severe substance use disorders or co-occurring mental health conditions who are unable to provide for their essential safety, food, shelter, or necessary medical care. Implementation of SB 43 will occur in coordination with O.C. Public Health and local hospitals to support appropriate treatment interventions, accountability measures, and continued collaboration to reduce chronic public safety impacts along the East First Street corridor. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nunez, City Manager City Council 7 - 3 2/3/2026 Police Department www.santa-ana.org/pd Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 3, 2026 TOPIC: In-Car Cameras at the Santa Ana Police Department AGENDA TITLE In-Car Cameras at the Santa Ana Police Department RECOMMENDED ACTION Receive and file information presented in this report regarding the feasibility of deploying in-car camera systems at the Santa Ana Police Department (SAPD). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the October 10, 2025 City Council meeting, the Council discussed the potential use of in-car (dash-mounted) cameras in police vehicles and directed the Chief of Police to research the feasibility of implementing such a system within SAPD. Police in-car camera systems have existed since the 1960s, initially focused on driving under the influence (DUI) and traffic enforcement. Their widespread adoption accelerated during the late 1980s and 1990s due to public accountability concerns, and expanded further through the Office of Community Oriented Policing Services (COPS) federal funding in the early 2000s. SAPD previously explored deploying in-car cameras during this time; however, costs and logistical challenges prevented implementation. Nationwide surveys regarding the percentage of police departments using in-car cameras are dated. Still, as of 2016, according to a Bureau of Justice Statistics survey, approximately 69% of police agencies nationwide were using in-car cameras. This number is now likely higher. More recent surveys suggest that over 80% of police departments deploy body-worn cameras (BWCs). In 2017, following extensive research and field testing, SAPD began using Axon- branded BWCs. Officers and detectives are required to activate their cameras during most public contacts and all enforcement activities. The annual cost of the BWC City Council 8 - 1 2/3/2026 In-Car Cameras at the Santa Ana Police Department February 3, 2026 Page 2 program (including equipment, maintenance, and digital storage) is approximately $1 million. In-Car Camera Capabilities: Modern in-car video systems offer robust capabilities far exceeding early-generation equipment. Industry leaders include Axon, Motorola, and Kustom Signals. Their current systems provide high-resolution video, automated activation, and full integration with cloud-based digital evidence platforms. Axon - Fleet 3 (recommended Platform) Axon's Fleet 3 system is widely used by large agencies, including the Los Angeles Police Department. Key features include: • Dual-view forward-facing camera (field-of-view and panoramic) with sound recording; • Interior rear-facing camera covering the prisoner compartment with sound recording; • Optional side cameras are available at an additional cost; • Pre-event buffering; • Optional automated license plate reader (ALPR); • Axon Signal technology; • Secure transfer and storage of footage through Evidence.com via cellular or Wi-Fi. Fleet 3 integrates seamlessly with Axon BWCs; an important consideration given SAPD's current Axon ecosystem. Motorola— M500 Motorola's M500 system includes: • Front and rear exterior cameras; • Optional interior camera; • Optional 360-degree situational coverage; • Compatibility with Motorola BWCs; • Cloud storage through Motorola VideoManager EL and CommandCentral DEMS. Kustom Signals —Argus ICV • Kustom Signals' Argus ICV system offers features similar to Axon and Motorola; • Compatible with its proprietary Argus BWC platform; • Cloud storage through Argus Data Vault. City Council 8 - 2 2/3/2026 In-Car Cameras at the Santa Ana Police Department February 3, 2026 Page 3 Local Agency Comparison: Several Orange County law enforcement agencies currently operate in-car camera systems: • Orange County Sheriff's Department— First OC agency to deploy in-car cameras (early 1990s); adopted Axon BWCs in 2022; uses Axon for both platforms. • Anaheim Police Department— Implemented in-car cameras in the late 1980s; adopted BWCs in 2014; uses Axon for both platforms. • Costa Mesa Police Department— Implemented in-car cameras in 1998; BWCs added in 2020; transitioned from Motorola/WatchGuard to Axon for both systems in 2024. These agencies' system selections emphasize the operational value of unified in-car and BWC platforms. Cost Analysis: SAPD currently spends approximately $1 million annually on the BWC program (equipment, maintenance, and digital storage). Staff hours are not included in this number. The estimated on-going cost to add an in-car cameras stem is: ALPR Term Total Annual Per Vehicle / Year Excluded 5 Years $1,221,295 $244,259 $2,571 Included 5 Years $1,395,920 $279,184 $2,939 The estimates are based on: • Approximately 95 marked patrol vehicles; • Equipment, installation, maintenance, and data storage; • Compatibility with existing in-car routers. Additional costs may be incurred for vehicles lacking the necessary routers or cellular service. There may also be unidentified or variable costs that are not included in the total amounts above. These include: • Personnel time for processing, reviewing, and redacting in-car video associated with evidentiary needs and Public Records Act (PRA/FOIA) requests; • Potential staffing or overtime needs for digital evidence management. Implementation: Due to its compatibility with SAPD's current Axon BWC environment, Axon Fleet 3 is the most suitable platform for potential deployment. City Council 8 - 3 2/3/2026 In-Car Cameras at the Santa Ana Police Department February 3, 2026 Page 4 Recommended Next Steps Prior to implementation, SAPD should conduct a thorough field test of the Axon Fleet 3 system to validate equipment compatibility concerns and identify operational considerations. After testing, the following steps are recommended: 1. Identify funding to cover the cost of adding in-car cameras to the SAPD fleet. 2. Negotiate or amend the existing Axon contract to include Fleet 3 in-car camera systems. 3. Update the existing BWC policy to include in-car camera usage, or develop a standalone in-car camera policy. 4. Coordinate phased installation across the fleet to minimize operational disruptions. 5. Provide training to officers on system functionality, policy requirements, and synchronization between BWCs and in-car systems. 6. Deploy the systems department-wide upon completion of installation and training. Pros and cons of in-car cameras: Pros: 1. Enhanced Transparency and Accountability In-car cameras provide an additional, fixed perspective during vehicle stops, pursuits, prisoner transports, critical incidents, and officer-involved collisions. This strengthens public trust and supports SAPD's commitment to transparency. 2. Improved Evidence Collection High-quality video and audio captured inside and outside the patrol vehicle can strengthen criminal cases involving DUI enforcement, traffic violations, use-of- force incidents, and suspect statements. 3. Complement to Body-Worn Cameras In-car cameras capture angles and interactions that BWCs may miss due to movement, obstruction, or officer positioning. When combined, the two systems may create a more complete evidentiary record. 4. Officer Safety and Training Value Footage from vehicle interiors and fronts can be used for after-action review, training, coaching, and analysis of pursuit tactics, high-risk stops, and officer- safety decisions. 5. Alignment with Regional and National Standards Many Orange County agencies and a majority of departments nationwide deploy in-car systems. Cons: 1. Significant Ongoing Financial Cost In addition to annual BWC expenses, in-car cameras would add approximately $244,259—$279,194 in recurring annual costs for equipment, storage, and maintenance. City Council 8 - 4 2/3/2026 In-Car Cameras at the Santa Ana Police Department February 3, 2026 Page 5 2. Increased Data Management Burden Additional video will significantly increase the volume of evidence requiring review, storage, redaction, and release for discovery and Public Records Act requests. This will require additional staffing and overtime. 3. Installation and Integration Logistics Fleet-wide installation requires vehicle downtime and coordination. Older vehicles may require additional hardware or retrofitting to support the system. 4. Digital Infrastructure Demands Increased video uploads may stress existing cellular routers, Wi-Fi hotspots, and digital evidence storage systems. Some vehicles may require upgraded connectivity hardware and additional connectivity subscriptions. 5. Privacy Considerations Recording the interiors of vehicles, including prisoner compartments, may raise privacy concerns for detainees, witnesses, or members of the public. Policies must clearly define when and how in-car cameras are used. 6. Potential for Misinterpretation of Footage Like BWCs, in-car cameras provide a fixed, limited perspective that may not capture everything officers see or experience. Footage may be misinterpreted without full situational context. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nunez, City Manager City Council 8 - 5 2/3/2026 City Manager's Office www.santa-ana.org/cm Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 3, 2026 TOPIC: Federal Legislative Advocacy Services AGENDA TITLE Agreement with Manatt Government Strategies, LLC for Federal Legislative Advocacy Services (Specification No. 25-143) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Manatt Government Strategies LLC for Federal Legislative Advocacy Services for a three-year term in an amount not to exceed $352,800, from March 1, 2026 through February 28, 2029 with the option for two (2) one-year extensions for a total not to exceed amount of$588,000. (Agreement No. A-2026-XXX) GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION Legislative advocacy firms, often referred to as lobbyists, are an essential tool for local governments to assess state and federal legislation. They assist in identifying grant funding opportunities, tracking policy developments, and ensuring that local interests are represented in an increasingly complex legislative environment. Manatt Government Strategies LLC will help the City identify projects and issues that require federal legislative, agency, programmatic, appropriations/budgetary, or regulatory solutions. They will maintain communication with Congress and the Administration to strengthen relationships and achieve the City's federal objectives. Additionally, they will keep the City informed about federal legislation, regulations, and policy developments. Request for Proposals (RFP) No. 25-143 was issued on December 1, 2025, on the City's online bid management and publication system. A summary of vendor participation and results is as follows: City Council 9 - 1 2/3/2026 Federal Legislative Advocacy Services February 3, 2026 Page 2 260 Vendors notified 0 Santa Ana vendors notified 20 Vendors downloaded the RFP packet 2 Responsive Proposals received 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on December 22, 2025, and evaluated. Two (2) proposals were submitted by the RFP deadline and were determined to be responsive to the specifications and met the City's requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The following summarizes the responsive firms and their rankings: Firm Rank Score Manatt Government Strategies 1 93.00 David Turch & Associates 2 68.33 Staff recommends awarding a contract to the highest-ranked firm, Manatt Government Strategies, LLC (Exhibit 1). Manatt is a trusted and experienced firm specializing in federal legislative advocacy and has a proven track record with the City of Santa Ana. Staff finds that Manatt meets all necessary criteria to provide the federal advocacy services required by the City. Additionally, the same team that previously served the City under its former contractor, Holland & Knight LLP, has transitioned to Manatt and will continue to support the City under this agreement. In prior work for the City with Holland & Knight LLP, the same team helped secure a $25 million Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant for the Santa Ana Boulevard Grade Separation Project, and nearly $10 million in earmarks, including earmarks for security enhancements at the Downtown parking garages on 5t" Street, the Alternative Response Program (QOLT), Chepa's Park Renovation, PFAS Water Treatment, and Euclid Street Rehabilitation projects. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 2025-26 budget. Funding for subsequent years and renewal years will be included in the proposed budgets for City Council consideration. The table below shows the breakdown for the three-year term and the renewal options. This agreement includes a termination clause authorizing the City to terminate the agreement at any time upon thirty (30) days written notice. City Council 9 - 2 2/3/2026 Federal Legislative Advocacy Services February 3, 2026 Page 3 Fiscal Department Accounting Fund Accounting Amount Year Unit — Description Unit, Account Account # Description FY 25-26 City 01 1 0401 2- General City Council $39,200 Manager's 62300 Fund Service Office Enhancement FY 26-27 City 01 1 0401 2- General City Council $117,600 Manager's 62300 Fund Service Office Enhancement FY 27-28 City 01 1 0401 2- General City Council $117,600 Manager's 62300 Fund Service Office Enhancement FY 28-29 City 01 1 0401 2- General City Council $117,600 Manager's 62300 Fund Service Office Enhancement FY 29-30 City 01 1 0401 2- General City Council $117,600 Manager's 62300 Fund Service Office Enhancement FY 30-31 City 01 1 0401 2- General City Council $78,400 Manager's 62300 Fund Service Office Enhancement TOTAL $588,000 EXHIBIT(S) 1. Agreement with Manatt Government Strategies LLC Submitted By: Sylvia Vazquez, Deputy City Manager Approved By: Alvaro Nunez, City Manager City Council 9 - 3 2/3/2026 AGREEMENT WITH MANATT GOVERNMENT STRATEGIES LLC TO PROVIDE GOVERNMENT AFFAIRS AND FEDERAL ADVOCACY SERVICES THIS AGREEMENT is made and entered into on this 3rd day of February, 2026 by and between Manatt Government Strategies LLC ("Consultant") a Delaware Limited Liability Company and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On December 1, 2025 the City issued Request for Proposal No. 25-143 seeking to retain a Consultant having special skill and knowledge to provide strategic government affairs and federal advocacy services on behalf of the City. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-143,which is attached hereto as Exhibit A. Consultant's responsive proposal to RFP No. 25-143 shall be incorporated herein by reference as though fully attached to this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE,in consideration of the mutual and respective promises,and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES 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 Exhibit A, attached hereto and incorporated by reference. B. The City acknowledges that Consultant is a wholly owned subsidiary of the law firm Manatt,Phelps&Phillips, LLP (the"Firm"). However,the City is engaging Consultant only, Consultant is not a law firm, and Consultant will only provide non-legal consulting services. As such, no attorney-client relationship with Consultant or the Firm shall exist by virtue of this Contract or Consultant's services. Consultant may engage professionals to render services to the City, which may include attorneys who are partners or associates of the Firm. Even where an attorney may be involved in connection with Consultant's services to the City,neither any attorney engaged by Consultant nor Consultant will be providing legal services to the City and none of the protections of the attorney-client relationship or the attorney-client privilege for communications will exist with respect to the services rendered by Consultant. Further, the Firm's lawyers would not be prohibited from providing legal services to clients in unrelated legal matters that are adverse to the City. While conflicts of interest rules applicable to lawyers would not apply to Consultant, Page 1 of 8 City Council 9 - 4 2/3/2026 Consultant confirms that it would not prospectively undertake lobbying services for another client adverse to or against the City. 2. COMPENSATION A. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed$588,000. B. Payment by City shall be made within forty-five(45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on March 1,2026 for a three(3)year term with the option for the City to grant up to two (2) one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15,below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however,the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and Page 2of8 City ounci 9 - 5 2/3/2026 perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance requirements are attached hereto as Exhibit C. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,contractors,special counsel, and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements Page 3 of 8 Ci y ouncil 9 - 6 2/3/2026 charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. This includes any sharing of Confidential Information between Consultant and any of its parent companies or subsidiaries. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a)has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality;(d)is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS 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. Page 4 of 8 City Council 9 - 7 2/3/2026 The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to,identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and(c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color,creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. Page _5of8 CI Ty toodond, 9 - 8 2/3/2026 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: Page 6of8 City Council 9 - 9 2/3/2026 To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza(M-31) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Manatt Government Strategies, LLC. Attn: Leslie Pollner, Managing Director 1050 Connecticut Ave. NW Suite 600. Washington, District of Columbia 20036 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. 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. Page 7 of 8 City Council 9 — 10 2/3/2026 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Jonathan T. Martinez Leslie Pollner Assistant City Attorney Managing Director Page 8 of 8 City Council 9 — 11 2/3/2026 EXHIBIT A SCOPE OF SERVICES City Council 9 — 12 2/3/2026 CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Consultant shall perform the services as set forth below, I. SCOPE OF SERVICES A. HELP SET LEGISLATIVE PRIORITIES 1. Work with the City Council, the City Manager, and other designated City staff to discuss goals, objectives, opportunities, and priorities. 2. Provide strategic advice regarding the development of legislative positions and priorities. 3. Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. B. ADVOCATE ON THE CITY'S BEHALF 1. Advocate the City's position to the President of the United States, members of the U.S. House of Representatives, U.S. Senate,federal agencies, regulatory committees, and other interested parties. 2. Identify opportunities for City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to members of the U.S. Congress, providing testimony at legislative hearings, and communication with federal agencies. C. LEGISLATIVE RESEARCH AND ANALYSIS 1. At the request of the City, research, provide information, and prepare written reports on a variety of topics, including, but not limited to, the following: i. Federal laws/regulations and proposed legislation ii. Legislative hearings, reports, and testimony iii. Federal funding opportunities iv. Reporting and data that may impact City operations 2. Monitor federal agency rulemaking and notify City of potential impacts. 3. Coordinate with City staff and departments to develop a proactive and comprehensive strategy to seek federal funding that serves the City's priorities. The plan shall identify City projects, outline and prioritize multiple funding options and opportunities for each project, and evaluate the cost/benefit ratio for each opportunity. 4. Monitor and report on the federal budget, and work to secure funding when appropriate on projects beneficial to City's interests. RFP 73_n59 Federal I agic/at/1Le AdilaCaCj-,Renlire.S Pale 1a of 33 City Council 9 — 13 2/3/2026 CITY OF SANTA ANA D. MEETINGS WITH CITY STAFF REGARDING GRANT OPPORTUNITIES At the request of the City, provide meeting opportunities for City staff to discuss potential grant/funding opportunities and guide them through the application process. 1. Work with the City to identify and evaluate potential funding categories with annual budget or appropriation bills, and specific funding on grant opportunities. E. KEEP THE CITY UPDATED ON PERTINENT LEGISLATION 1. Provide updates on proposed, introduced, and amended federal legislation, and proposed and adopted federal administrative rules and regulations, to identify and report on matters that potentially affect the City's legislative priorities. 2. Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws, regulations, policies, programs, and/or funding opportunities. F. RELATIONSHIP-BUILDING WITH FEDERAL LAW MAKERS Support a positive relationship with the President of the United States, members of the U.S. Congress, and federal agencies. 1. Assist in establishing relations between councilmembers and City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. 2. Coordinate meetings with members of the U.S. Congress and federal agencies to provide the City the opportunity to meet with key policymakers on pertinent City issues. G. PREPARE POSITION LETTERS AND DRAFT LEGISLATVE LANGUAGE At the request of the City, assist with drafting position letters, legislative language, and talking points on legislation or language for City policy resolutions. H. MONTHLY REPORTS Provide regular updates on the political landscape in Washington, D.C. to help provide context, and identify opportunities and potential issues. At a minimum, provide monthly reports of activities pursued or accomplished on behalf of the City. I. FPPC FILINGS Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent. � _052 rlar�l� cl�liia di-linn�ni Coniinoc P�no 10 n ^'�'2 City Council 9 — 14 2/3/2026 EXHIBIT B COST PROPOSAL City Council 9 — 15 2/3/2026 Exhibit B Cost Proposal Manatt Government Strategies proposes a monthly fixed fee of$9,800 for this engagement, inclusive of all expenses. In our experience, billable-hour engagements for strategic government affairs and advocacy services— particularly with local government clients like the City—do not align with the interests of both parties. With Manatt's monthly fixed fee arrangement, we foster a more collaborative and goal-oriented partnership, enabling us to focus on achieving your objectives without the constraints of hourly tracking. We leverage our full suite of public policy professionals, giving you access to the collective experience and talent across our Firm as needed. This is why we propose a fixed fee engagement for this relationship, ensuring our attention remains dedicated to your goals, rather than the mechanics of billing. Additional Notes:This proposal is valid for a period of not less than 180 days from the due date for submittal. Pricing shall remain firm for the entire initial Agreement term. Payment Schedule: Description of Services Name Title Monthly Rate Annual Rate Pollner, Leslie Managing Director Barkovic, Lisa Senior Advisor Federal Legislative O'Brien, Joe Advisor $9,800 Fixed $117,600 Fixed Advocacy Services O'Toole, Eve Managing Director Rate Rate Bajnrauh, Heide Managing Director Stoker, Mike Special Advisor Presented to City of Santa Ana I manatt.com 21 City Council 9 — 16 2/3/2026 EXHIBIT C INSURANCE REQUIREMENTS City Council 9 — 17 2/3/2026 Insurance Requirements — Exhibit C Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. 3. Workers' Compensation (WC): as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability(PL): with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL 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's Insurance company(ies)agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid City Council 9 — 18 2/3/2026 Insurance Requirements—Exhibit C under the terms of Consultant's CGL, AL, and WC policies which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: City Manager's Office, 20 Civic Center Plaza, M-31, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII,unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. City Council 9 — 19 2/3/2026 City Manager's Office www.santa-ana.org/cm Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 3, 2026 TOPIC: State Legislative Advocacy Services AGENDA TITLE Agreement with Townsend Public Affairs for State Legislative Advocacy Services (Specification No. 25-142) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Townsend Public Affairs, Inc. for State Legislative Advocacy Services for a three-year term, from March 1, 2026 through February 28, 2029 with the option for two (2) one-year extensions for a total not to exceed amount of$375,000. (Agreement No. A-2026-XXX) GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION Legislative advocacy firms, often referred to as lobbyists, are an essential tool for local governments to assess state and federal legislation. They assist in identifying grant funding opportunities, tracking policy developments, and ensuring that local interests are represented in an increasingly complex legislative environment. Townsend Public Affairs (TPA) will represent the City's interests before members of the State Assembly and State Senate, state agencies, and other stakeholders. They will identify potential legislative issues or opportunities relevant to the City, and help position the City to benefit from new laws, regulations, policies, programs, or funding opportunities. Request for Proposals (RFP) No. 25-142 was issued on December 1, 2025, on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 260 Vendors notified 0 Santa Ana vendors notified 12 Vendors downloaded the RFP packet 2 Responsive Proposals received 0 Proposals received from Santa Ana vendors City Council 10 — 1 2/3/2026 State Legislative Advocacy Services February 3, 2026 Page 2 Proposals were solicited, opened on December 22, 2025, and evaluated. Two (2) proposals were submitted by the RFP deadline and were determined to be responsive to the specifications and met the City's requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The following summarizes the responsive firms and their rankings: Firm Rank Score Townsend Public Affairs 1 91.00 Silverling Advocacy Inc. 2 66.00 Staff recommends awarding an agreement to the highest-ranked firm, Townsend Public Affairs (Exhibit 1). Townsend Public Affairs brings more than two decades of institutional knowledge, trusted relationships, and a proven track record of delivering tangible outcomes that advance the City's policy and funding priorities. In partnership with the City, TPA has secured $80,166,102 in competitive funding, including $3,690,885 through the Homeless Emergency Aid Grant Program (2018), $8,579,777 from the Homeless Housing, Assistance and Prevention Grant Program (2019), $4,000,000 from the State Budget for youth facilities improvements (2021), and most recently, $400,000 through a Caltrans Deferred Maintenance Agreement for homeless encampment cleanup (2025). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 2025-26 budget. Funding for subsequent years and renewal years will be included in the proposed budgets for City Council consideration. The table below shows the breakdown for the three-year term and the renewal options. This agreement includes a termination clause authorizing the City to terminate the agreement at any time upon thirty (30) days written notice. Fiscal Department Accounting Fund Accounting Amount Year Unit— Description Unit, Account Account # Description FY 25-26 City 01104012- General City Council $25,000 Manager's 62300 Fund Service Office Enhancement FY 26-27 City 01104012- General City Council $75,000 Manager's 62300 Fund Service Office Enhancement City Council 10 — 2 2/3/2026 State Legislative Advocacy Services February 3, 2026 Page 3 FY 27-28 City 01104012- General City Council $75,000 Manager's 62300 Fund Service Office Enhancement FY 28-29 City 01104012- General City Council $75,000 Manager's 62300 Fund Service Office Enhancement FY 29-30 City 01104012- General City Council $75,000 Manager's 62300 Fund Service Office Enhancement FY 30-31 City 01104012- General City Council $50,000 Manager's 62300 Fund Service Office Enhancement TOTAL $375,000 EXHIBIT(S) 1. Agreement with Townsend Public Affairs Submitted By: Sylvia Vazquez, Deputy City Manager Approved By: Alvaro Nunez, City Manager City Council 10 — 3 2/3/2026 AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS TO PROVIDE STATE LEGISLATION ADVOCACY SERVICES THIS AGREEMENT is made and entered into on this 3rd day of February, 2026 by and between Townsend Public Affairs, Inc., a California 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. On December 1,2025 the City issued Request for Proposal No. 25-142 seeking to retain a Consultant having special skill and knowledge to provide strategic government affairs and state legislation advocacy services on behalf of the City. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-142,which is attached hereto as Exhibit A. Consultant's responsive proposal to RFP No.25-142 shall be incorporated herein by reference as though fully attached to this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE,in consideration of the mutual and respective promises,and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION A. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed$375,000. B. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to Page 1 of 7 (A?� Mgd 10 — 4 2/3/2026 deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on March 1,2026 for a three(3)year term with the option for the City to grant up to two (2) one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 15,below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement;however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance requirements are attached hereto as Exhibit C. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1)for personal Page 2 of 7 C1 cil 10 — 5 2/3/2026 injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. This includes any sharing of Confidential Page 3 of 7 City ounce r 10 — 6 2/3/2026 Information between Consultant and any of its parent companies or subsidiaries. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality;(d)is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS 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. Page 4 of 7 City ounci r 10 — 7 2/3/2026 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 5 of 7 City ouncil 10 — 8 2/3/2026 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza(M-31) P.O. Box 1988 Santa Ana, California 92702 Page 6 of 7 Ci y � ` uncH 10 - 9 2/3/2026 To Consultant: Townsend Public Affairs Attn: Christopher Townsend, President 925 L Street Sacramento CA 95814 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Jonathan T. Martinez Chri h ownsend Assistant City Attorney President Page 7 of 7 Ci y ouhd1 10 — 10 2/3/2026 EXHIBIT A SCOPE OF SERVICES City Council 10 — 11 2/3/2026 � CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Consultant shall perform services as set forth below. SCOPE OF SERVICES 1. Work with the City Council, the City Manager, and other City staff to discuss goals, objectives, opportunities and priorities. 2. Advocate the City's position to members of the State Assembly, State Senate, State agencies, and other interested parties. Identify opportunities for elected officials and City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to legislators, providing testimony at legislative hearings, and communication with the Governor and the Governor's staff. 3. Support a positive relationship with the Governor's office,State Legislature,Governor's office,and other State agencies.Assist in establishing relations between councilmembers/City staff and legislative persons,including chairs and consultants of key committees and other important policymakers. 4. Provide sufficient support to lobby aggressively on any number of legislative priorities as determined by City. Support includes proactively searching for potential legislative mechanisms relating to those topics and affecting the outcome of those proposals. 5. At the request of the City, research, provide information, and prepare written reports on a variety of topics, including, but not limited to the following: a. State laws/regulations or proposed legislation b. Legislative hearings, reports,and testimony c. State funding opportunities d. Reporting and data that may impact City operations 6. Provide updates on state legislation that affects the City's legislative priorities, particularly those included in the City's Legislative Platform. Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws/regulations/policies, programs, or funding opportunities. 7. Lobby for the City's position on legislation and regulatory matters of interest including attendance at key legislative hearings and expressing the City's position at these hearings. 8. When appropriate, coordinate and cooperate with other organizations, municipalities, companies and firms having similar legislative objectives as the City.Where appropriate,advocate positions on legislation and work to secure language in law that will advance the City's interests. City Council 10 — 12 2/3/2026 (9) CITY OF SANTA ANA 9. Provide the City with copies of bills (introduced or amended) or proposals pertaining to issues of concern/interest to City, particularly those affecting or relating to City's Legislative Program. 10. Track said legislation and provide the City with advance notice of hearings or critical actions relating to those bills or issues.At the request of the City, prepare briefing materials such as memos summarizing legislation. 11. At the request of the City, assist with drafting position letters on legislation or language for City policy resolutions. 12. Coordinate meetings with State Legislators and state agency leaders to provide the City the opportunity to meet with key decision-makers on pertinent City issues. 13. Provide regular updates on the political landscape in Sacramento to help provide context, and identify opportunities and potential issues. Provide monthly reports of activities pursued or accomplished on behalf of the City. 14. Arrange for an annual visit to the City of Santa Ana for a legislative committee meeting and/or to meet with the City Manager and/or designated City officials. 15. Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent. City Council 10 — 13 2/3/2026 EXHIBIT B COST PROPOSAL City Council 10 — 14 2/3/2026 PROPOSALEXHIBIT B - COST ALL-INCLUSIVE RETAINER: DESCRIPTIONOF • State Legislative Advocacy Services $6,250* • Conduct Detailed Orientation Included • Develop Legislative Strategy Included • Implement the Legislative Strategy Included • Build and Strengthen Relevant Relationships Included • Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included • Track Legislation Included • Craft Testimony and Position Letters Included • Draft Bill Language Included • State Budget Funding Opportunities Included • Provide Progress Reports Included • Prepare and File Lobbying Disclosure Reports Included *The monthly fee includes all reasonable business and travel expenses. ANNUAL NOT-TO-EXCEED AMOUNT: $75,000 OProposal for State Legislative Advocacy Services I City of Santa Ana X City Council 10 — 15 2/3/2026 EXHIBIT C INSURANCE REQUIREMENTS City Council 10 — 16 2/3/2026 Insurance Requirements — Exhibit C Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. 3. Workers' Compensation (WC): as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and$1,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL 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's Insurance company(ies)agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid City Council 10 — 17 2/3/2026 Insurance Requirements — Exhibit C under the terms of Consultant's CGL, AL, and WC policies which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: City Manager's Office, 20 Civic Center Plaza, M-31, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII,unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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 Page 2 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 Fund Accounting Unit, Amount Unit-Account # Description Account Description Library Youth Services, FY 25-26 01211020 — Cannabis Public Contract Services- $50,000 62300 Benefit Fund Professional Library Youth Services, FY 26-27 01211020 — Cannabis Public Contract Services- $25,000 62300 Benefit Fund Professional 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 Nunez, City Manager City Council 11 — 2 2/3/2026 hoopla° Digital Media Agreement This hoopla Digital Media Agreement ("Agreement") is made as of this 15th day of January 20 26 ("Effective Date") by and between City of Santa Ana Public Library (the "Library"), and Midwest Tape, LLC. WHEREAS, Midwest Tape's hoopla Digital Media Platform ("hoopla," the "Platform," or the "hoopla Platform") allows participating libraries to provide their users with access to digital media content using smart phones, tablets, computers, streaming devices, and web browsers; and WHEREAS, the Platform is designed to be accessible 2417 and offers various licenses to media content in multiple formats, including, without limitation, movies,television programs, music, audiobooks, eBooks, and comics, subject to circulation limits (if any) and other settings established by the user's library system; and WHEREAS, the Library wishes to make hoopla available to its authorized users ("Patrons"); NOW THEREFORE, in consideration of the promises and mutual covenants contained in this Agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Library and Midwest Tape (each a "Party" and collectively the"Parties") agree as follows: 1. DEFINITIONS. The following definitions apply wherever these terms appear in this Agreement, including the Appendices: 1.1 "Digital Media Platform" means one or more computer programs or applications owned, maintained, and/or used by Midwest Tape to provide access to Digital Titles and/or to allow the Library to manage its offering and Patron use of Digital Titles, including the hoopla Application, hoopla Website, and Library Administration Website. 1.2 "Digital Titles" means any and all digital media content that Midwest Tape makes available to the Library and its Patrons via the Digital Media Platform during the Term of this Agreement. 1.3 "Flex Borrow" or "Flex Circulation" means an OCOU Circulation, as defined in Appendix 2 to this Agreement. As set forth in the attached Appendix 2, a Flex Borrow occurs when a Patron uses the hoopla Application or hoopla Website to borrow a Digital Title that is at that time available to that user in the form of a one-copy/one-user ("OCOU") license owned or controlled by the Library. 1.4 "Flex License" means a one-copy/one user license ("OCOU License"), as set forth in the attached Appendix 2. 1.5 "hoopla Application" means one or more computer applications maintained, owned, and/or used by Midwest Tape to provide access for limited periods to Digital Titles (including the ability to browse, borrow, stream, download, and/or return such titles) using certain streaming devices, smart phones, tablets, and/or other mobile devices. 1.6 "hoopla Website" means a Midwest Tape website (currently www.hoopladigital.com) that may be used to access, browse, borrow, stream, and/or return Digital Titles. 9/2022US- PPU/OCOU Page 1 City Council 11 — 3 2/3/2026 1.7 "Instant Borrow" or "Instant Circulation" means a PPU Circulation, as defined in Appendix 2 to this Agreement. As set forth in the attached Appendix 2, an Instant Borrow occurs when a Patron uses the hoopla Application or hoopla Website to borrow a Digital Title(or to obtain access to a"Binge Pass") pursuant to a pay-per-use ("PPU") license that is paid for by the Library. 1.8 "Instant License" means a pay-per-use license ("PPU License"), as set forth in the attached Appendix 2. 1.9 "Intellectual Property Rights" means all rights in and to patents, trademarks, service marks, trade names, copyrights, trade secrets, technology, software, designs, algorithms, know- how, as well as moral rights and all other intellectual and proprietary rights of any type under any applicable laws. 1.10 "Library Administration Website" means one or more Midwest Tape website(s) (currently available at www.midwesftapes.com) that may be accessed and utilized by the Library to obtain OCOU Licenses, manage content available to Patrons in the Platform, and administer Library policies in regard to Patron use of the Platform. 1.11 "Library Online Catalog" means the website(s) owned, maintained, and/or used by or for the Library for the purpose of providing information to Patrons and/or the general public about the Library and its various content offerings, policies, objectives, initiatives, and procedures. 1.12 "Marks" means any trademarks, service marks, trade names, logos, designs, icons, characters, cover art, styles, trade dress, or other indicators of source associated with any Digital Titles, including without limitation all translations or transliterations of the foregoing in any language, or any colorable imitations or modified versions thereof. 1.13 "Midwest Tape" means Midwest Tape, LLC and any of its parents, subsidiaries, or affiliated entities that are engaged in the business of selling and distributing media content in digital form to libraries and library users via the Platform. 1.14 "Pre-Owned Content" has the meaning set forth in Appendix 2. 1.15 "Service Partners" means any third parties that provide digital storage, webhosting, IT services, data analysis and processing, or distribution or other services to Midwest Tape in connection with the Platform. 1.16 "Title Summary and Promotional Data" means, with respect to each Digital Title, the following information and data that is made available to Library pursuant to this Agreement: (i) title; (ii) author(s), publisher, illustrator(s), narrator(s), actor(s), director(s), producer(s), studio(s), and similar descriptive information; (iii) if commercially used, the digital object identifier; (iv) narrative description or summary of the work; (v)cover art and image, graphics, and other images; (vi) copyright notice; and (vii) any other identifying information. 1.17 "Vendor" means any supplier to Midwest Tape of (i) Digital Title(s); (ii) Title Summary and Promotional Data; and/or (iii) technology or services necessary for Midwest Tape to provide the Platform to the Library. 2. Library RIGHTS &OBLIGATIONS. 9/2022US— PPU/OCOU Page 2 City Council 11 — 4 2/3/2026 2.1 Rights. During the Term, and subject to all the terms and limitations set forth in this Agreement, Midwest Tape grants to the Library the non-exclusive and non-transferrable right to display and access the Platform and Title Summary and Promotional Data for the limited purpose of: (a) allowing Patrons to access, view, and borrow Digital Titles through the Platform and pursuant to this Agreement; (b) promoting awareness and authorized use of the Platform, including via postings on the Library Online Catalog; and (c) establishing and implementing Library-specific policies in regard to use of the Platform by the Library and Patrons, consistent with this Agreement and the requirements of the Platform. 2.2 Limitations. Except for the limited, non-exclusive, non-transferrable rights expressly granted to Library under this Agreement, Library shall have no right in or to, or ownership of, the Platform, Digital Titles, hoopla Application, hoopla Website, Library Administration Website, Marks, Title Summary and Promotional Data, or any other artwork or materials delivered by or on behalf of Midwest Tape. The Library shall have no right to access, use, modify, or reproduce any portion of any source code relating to the Platform, or to make, sell, or distribute any variations or derivative works of the Platform. The Library agrees to the support and protection of Intellectual Property Rights (including but not limited to copyright and trademark protections), to discourage copyright or trademark infringement, to use its best efforts to prohibit Patrons or others from engaging in such infringement (including by immediately notifying Midwest Tape of any known or suspected violations of Intellectual Property Rights relating to use of the Platform or the Digital Titles), and to refrain from facilitating such activity. In addition, the Library will comply with all other requirements communicated by or on behalf of Midwest Tape with respect to any Intellectual Property Rights and the Marks. 2.3 No Public Performance Rights. The Library shall have no public performance rights in the Digital Titles under the terms of this Agreement. Accordingly, the Library may not offer any Digital Titles as a performance to Patrons or the general public, sponsored by the Library or otherwise. 2.4 General Obligations. To facilitate the successful introduction of the Platform to Patrons, and the use of the Platform by Patrons, the Library shall: (a) regularly communicate to staff, Patrons, and the general public served that the Platform is available to Patrons; (b) provide suitable training opportunities to appropriate Library staff members, so that they understand the Platform and can assist in the promotion and the use of the Platform by Patrons; (c) regularly feature prominent links and references to popular Digital Titles and the hoopla Website on the Library Online Catalog's homepage; (d) incorporate MARC record data regarding Digital Titles in the Library's catalog to enhance the discoverability of key content available in the Platform; (e) manage all funds designated or appropriated for use of the Platform; (f) participate in the implementation of the Platform, including without limitation by providing Midwest Tape with sufficient and accurate information to identify Patrons of the Library who are authorized to utilize the Platform; (g) provide Primary Support, as defined below; (h) perform requested linkage between the Platform and the Library Online Catalog, as well as reasonable technical services to support and maintain the Platform during the Term; and (i); notify Midwest Tape at least three (3) business days before any change in any RSS links, ILS configuration, URL updates, or other equipment or technology that could adversely impact the Platform and/or the use of the Platform, including any changes that could impact the process of Patron authentication. 2.5 Network Connectivity. The Library is responsible for providing a suitable network and Internet system for integration of the Platform into the Library Online Catalog or other systems. 9/2022US - PPU/OCOU Page 3 City Council 11 — 5 2/3/2026 2.6 Use of the Library Administration Website. The Library agrees that it is solely responsible for managing its use of the Library Administration Website and using that website as designed and in accordance with the Terms and Conditions posted on that website, including by establishing, verifying, and maintaining any settings and controls regarding use of the Platform by Patrons (e.g., limitations on circulations, content restrictions, reporting preferences, etc.). 2.7 Library Online Catalog. The Library is solely responsible for all aspects of catalog integration, operation, training, support, and/or maintenance necessary for the operation of the Library Online Catalog. This may include obtaining a SIP2 or similar protocol software license(s) from a third-party vendor in order to support direct integration of the Platform with the Library's own Library Online Catalog or other systems, as well as the cost for customized MARC records it may obtain from a third-party supplier such as OCLC. The Library shall keep its hoopla account information current with Midwest Tape and promptly alert Midwest Tape to any significant changes relating to the Library Online Catalog, including but not limited to changes of personnel that could impact the support, functionality, and/or performance of the Platform. 2.8 Primary Support. The Library is responsible for providing its Patrons with "Primary Support," which includes assisting Patrons with the use of the Platform, responding to Patron questions regarding the functionality and technical requirements of the hoopla Website and the hoopla Application, and helping Patrons with the process of communicating with Midwest Tape where necessary and appropriate to obtain additional support and technical assistance. 2.9 No Warranties or Representations to Others. The Library represents and agrees that, except for the representations, warranties, and promises made to Midwest Tape in this Agreement or under the Terms and Conditions applicable to the Library Administration Website, neither the Library nor any of its employees, agents, or others acting under its direction has made or will make any representations or warranties, express or implied, to anyone concerning the Platform, Digital Titles, hoopla Application, hoopla Website, and/or Library Administration Website. 2.10 Compliance with Applicable Laws and Regulations. The Library will comply with all applicable laws, ordinances, rules, regulations, and other legal requirements in connection with its performance under this Agreement. 2.11 Costs and Expenses. The Library is responsible for all of its own expenses and costs related to its performance under this Agreement. Midwest Tape has no obligation to reimburse the Library for any expenses or costs incurred by the Library related to this Agreement or to the performance of the Library's obligations, including but not limited to any expenses and costs incurred in the preparation, systems integration, or use of the Digital Media Platform, Library Administration Website, hoopla Website, and hoopla Application. 3. FEES, PAYMENTS &REPORTING. 3.1 Advance. On or before the Effective Date, the Library shall remit to Midwest Tape an advance/down payment ("Advance") in the amount of 1st year (Feb 10, 2026 to Feb 9, 2027) - $50,000 & 2"d year (Feb 10, 2027 to Feb 9, 2028) - $25,000 i.e., the amount indicated for the Library's service-area population in the attached Appendix 1. Any funds remaining in the current agreement will roll over to the new agreement. These funds will be applied toward payment of future invoices for transactions relating to the use of the Platform by the Library and Patrons (see, e.g., Appendix 2), unless the Library notifies Midwest Tape on or before the Effective Date that the Library instead prefers to use such funds to pay Midwest Tape for hoopla promotional materials, events, or communication efforts in connection with the introduction of hoopla to Library 9/2022US — PPU/OCOU Page 4 City Council 11 — 6 2/3/2026 Patrons. Upon written notice to Midwest Tape, the Library may choose to send additional funds to Midwest Tape to reestablish or replenish the Advance. 3.2 Invoicing and Payment. Except for purchases of Flex Licenses (which will be invoiced to the Library by Midwest Tape after each purchase), Midwest Tape will invoice the Library by Invoice Period. "Invoice Period" means a calendar monthly period in which transactional activity occurs. Payment of each invoice will be due within forty five (45) days from the date of the invoice. During any period in which Midwest Tape is holding an Advance from the Library, Midwest Tape will apply the Advance funds toward payment of the invoice upon issuance. 3.3 Reporting. Through the Library Administration Website, the Library will have access to certain reports summarizing Patron usage, circulation data, and purchase activity for the Digital Titles. 3.4 Taxes. The Library is required to provide a sales tax exemption certificate, if applicable, to Midwest Tape as part of the on-boarding process. If the Library is not exempt or does not do so, Midwest Tape will add (and collect) sales taxes to any purchases made pursuant to this Agreement. 4. TERM AND TERMINATION. 4.1 Tenn. The term of this Agreement(the"Term") begins on the Effective Date and continues for a period of 24 months thereafter. 4.2 Termination. This Agreement may be terminated in either of the following ways: By Notice. Either Party may terminate this Agreement, with or without cause, at the end of the Term by providing the other Party with sixty (60) days' advance written notice prior to the end of the Term. Due to Breach. Either Party may suspend its performance or, at that Party's sole option, terminate this Agreement by providing the other Party with written notice of such action in the event of(i)the other Party's material breach of this Agreement, which breach continues uncured for a period of thirty (30) days after written notice of such breach; or (ii) the Library's failure to perform its payment obligations under this Agreement for a period of at least thirty (30) days. If any period of such suspension exceeds 30 days, the non- breaching Party may terminate this Agreement by providing the other Party with written notice of such action. Upon termination of this Agreement, the Library shall immediately (i) cease distribution and use of the Platform, hoopla Application, hoopla Website, Digital Titles, Marks, Title Summaries and Promotional Data; and (ii) pay all amounts due to Midwest Tape. Once the Library satisfies these obligations, any unapplied portion of an Advance payment will be refunded within thirty (30)days. 5. MIDWEST TAPE RIGHTS &OBLIGATIONS. 5.1 The hoopla Platform. During the Term, Midwest Tape and/or its Service Partners will provide forthe following: (a) hosting of and support for the Platform as provided in this Agreement; (b)designation of an implementation specialist ("hoopla Coordinator")to be available for customer support to the Library in connection with the launch and implementation of the Platform; and (c) Library access to the Library Administration Website, which offers tools to enable the Library to 9/2022US- PPU/OCOU Page 5 City Council 11 — 7 2/3/2026 manage use of the Platform, including in regard to its inventory, Patron borrowing limits, lending policies, title blocking, ratings and user-advisory settings, usage dashboard, and reporting. 5.2 Ownership of Vendors' Intellectual Property. Subject to the provisions of this Agreement, hoopla Vendors retain all of their Intellectual Property Rights in and to their Digital Titles, Metadata, Marks, and Promotional Postings, artwork, and other property that may be utilized or accessed in connection with the Platform. 5.3 Ownership of Midwest Tape's Intellectual Property. As between the Parties, Midwest Tape owns and retains all Intellectual Property Rights in and to the Digital Media Platform, hoopla Application, hoopla Website, Library Administration Website, Midwest Tape and hoopla and hoopla digital trademarks, and all other Midwest Tape intellectual property, including but not limited to all modifications, updates, or improvements made thereto. The Library acknowledges Midwest Tape's ownership of such Intellectual Property Rights. 5.4 Modifications to Digital Media Platform. The Platfomn, hoopla Application, hoopla Website, Library Administration Website, and other aspects and features of hoopla may be modified at any time by Midwest Tape in its sole discretion, including, without limitation, in order to develop, modify, or improve operations, performance, or functionality. 5.5 Addition, Removal, and Modifications of Digital Titles. Midwest Tape has the right to take any or all of the following actions with respect to any Digital Title(s) at any time and in its sole discretion: (a) add or remove Digital Titles to or from the Platform; (b) set or adjust the applicable fees and charges, including, without limitation, PPU Circulation Fee(s), OCOU License Fees, and/or other charges relating to the Platform and/or the media content available on the Platform; (c) replace content files, Metadata, and/or Promotional Postings; and (d) edit or modify editorial content or designs. The Library will be notified by email, the Library Administration Website, or other means of major modifications to the functionality of the Platform. 5.6 Promotion of the Platform. Midwest Tape may, at its own expense and in its own discretion, publicize the Platform and communicate with the general public and Patrons regarding the availability, features, and use of the Digital Titles, Digital Media Platform, hoopla Application, and hoopla Website. 5.7 Support. To support the Platform, Midwest Tape will (a) maintain help files, information, and other appropriate documentation and training materials; (b) undertake reasonable efforts to help the Library perform its obligation to provide Primary Support to Patrons, including by offering periodic training opportunities to Library staff, updating the Library regarding system changes, and providing the Library with answers to "frequently asked questions" related to the Platform; (c) supply activation support, including assisting with the implementation of any software, and reasonable levels of continuing support to assist the Library in its use of the Platform; and (d) make technical support personnel available for feedback, problem solving, and/or general questions. Technical support services to the Library include: (i) reasonable efforts to identify, correct, and/or circumvent errors in the Platform, hoopla Application, hoopla Website, and Library Administration Website; and (ii) supplying updates, enhancements, and new versions of the Platform as they become available(the"Secondary Support"). It is acknowledged and agreed that Midwest Tape has no obligation to provide Primary Support to Patrons and any support provided to Patrons will be in its sole discretion. During the Term, Midwest Tape will use reasonable efforts to provide continuous service. Permissible down time includes periodic unavailability due to matters such as: maintenance of 9/2022US - PPU/OCOU Page 6 City Council 11 — 8 2/3/2026 the server(s); installation or testing of software, public or private telecommunications services, or internet nodes or facilities; and failure of equipment or services outside its control. Scheduled down time will occur periodically and at times designed, in Midwest Tape's sole discretion, to minimize inconvenience to hoopla users. 6. MISCELLANEOUS. 6.1 Indemnities. Each Party ("Indemnifying Party") agrees to defend, indemnify, and hold harmless the other Party and its parents, subsidiaries, and Service Partners from and against any and all third-party claims, demands, suits, legal proceedings, and causes of action that arise out of or relate to any breach by the Indemnifying Party of any of its representations and warranties as stated in this Agreement(collectively, "Indemnifiable Claims") or the Indemnifying Party's gross negligence or willful misconduct in performance if its obligations under this Agreement, including but not limited to all damages, costs, expenses, reasonable attorneys' fees, judgments, and settlements resulting from such Indemnifiable Claims; provided, however, that no Indemnifiable Claim may be settled without the express written consent of the Indemnifying Party. 6.2 Indemnity Process. The Party seeking indemnification must provide prompt written notice to the Indemnifying Party of any Indemnifiable Claim for which indemnification will be sought. The Indemnifying Party may elect to control the defense and settlement of any Indemnifiable Claims with counsel of its choosing. The Party seeking indemnification will cooperate with the Indemnifying Party's defense against the Indemnifiable Claims. If any Indemnifiable Claim is covered in part but not entirely by a Party's indemnification obligation hereunder, the Indemnifying Party will only be responsible for costs to the extent attributable to the covered portion. 6.3 DISCLAIMER OF WARRANTIES. MIDWEST TAPE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. 6.4 LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. WITHOUT RESTRICTION OF THE FOREGOING, MIDWEST TAPE'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY LIBRARY TO MIDWEST TAPE DURING THE TWELVE MONTHS PRIOR TO THE DATE THAT ANY CLAIM ALLEGEDLY AROSE. Hoopla shall maintain the insurance set forth in Appendix 4 during term of Agreement. 6.5 Confidential Information. "Confidential Information" means any non-public information of either Party that is disclosed to the other Party in connection with this Agreement either directly or indirectly, in writing, orally, electronically, or by inspection of tangible objects, and that is either: (a)designated in writing as "Confidential"at the time of disclosure or within five (5) days thereafter; or (b) confidential by its very nature or that the receiving Party reasonably should know to be confidential. Confidential Information includes, without limitation,the terms of this Agreement, any and all non-public business plans, customer information, pricing, contract terms, available content and sales, marketing and/or finances of the disclosing Party. Each Party agrees to hold the Confidential Information of the other Party in confidence and to refrain from disclosing such 9/2022US — PPU/OCOU Page 7 City Council 11 — 9 2/3/2026 Confidential Information to any third party, except: (i) to the extent required to be disclosed pursuant to governmental or judicial process, provided that notice of such process is promptly provided to the disclosing Party in order that it may have every opportunity to intercede in such process to contest such disclosure or seek an appropriate protective order; or (ii) to the receiving Party's professional advisors and contractors on a need to know basis, provided that such advisors and contractors are under an obligation to maintain the confidentiality of the Confidential Information. Confidential Information is the property of the disclosing Party, and the receiving Party will not be deemed by virtue of its access to Confidential Information to have acquired any right or interest in or to any such Confidential Information. This Section 6.5 shall not affect either Party's right to use or disclose information that is not Confidential Information, including information that is in the public domain or that the receiving Party can show was known to it without any confidentiality obligation prior to the disclosure by the disclosing Party. 6.6 Assignment. Except as provided herein, neither Party may, by operation of law or otherwise, assign, sublicense, or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party, which may not be unreasonably withheld or delayed. Either Party may assign, transfer, or otherwise delegate any or all of its rights and obligations under this Agreement to any parent or subsidiary entity, any successor carrying on that part of the business to which this Agreement relates, or any purchaser of all or substantially all of the assets or stock of such Party. Each Party may appoint contractors to perform part of its obligations hereunder, provided that the Party remains fully responsible for such contractor's performance. This Agreement binds, benefits, and is enforceable by and against both Parties and their respective successors and permitted assigns. 6.7 Notices. Notices required by this Agreement must be sent by United States mail, as well as by electronic mail (or by facsimile), directed as follows: To Midwest Tape: To Lrbyary' Midwest Tape, LLC: Brian Sternberg, Executive Director 1417 Timberwolf Dr. _Library Services Holland, Ohio 43528 20 Civic Center Plaza (M-42) info@midwesttapes.com PO Box 1988 1 (800) 875-2785 Santa Ana, CA 92702 6.8 Amendment. No amendment, modification, addendum, or revision to this Agreement is valid unless it is in writing and signed by all Parties to this Agreement. 6.9 Arms-Length Negotiations. This Agreement was negotiated at arm's length with each Party receiving advice from independent legal counsel, and has been executed and delivered in good faith. It is the intent of the Parties that no part of this Agreement should be construed against any Party because of the identity of the drafter. 6.10 Counterparts. This Agreement may be executed in counterparts, each of which taken together constitutes one single Agreement between the Parties. 6.11 Entire Agreement/Non-Reliance. This Agreement constitutes the sole and entire agreement between the Parties and supersedes and merges all prior agreements, proposals, negotiations, discussions, and understandings between the Parties relating to the subject matter of this Agreement. No Party has relied or can rely on any statement or representation that is not expressly contained in this Agreement as an inducement to enter into this Agreement. 9/2022US - PPU/OCOU Page 8 City Council 11 — 10 2/3/2026 6.12 Force Maieure. No Party may be considered in default or to have incurred any liability hereunder due to any failure to perform this Agreement should such failure arise out of causes beyond its reasonable control, including, without limitation, work stoppages, fires, riots, accidents, floods, storms, unavailability of utilities or fuel, Internet or other communication failures, or other similar failures or occurrences. The time for performance will be extended for a period equal to the duration of such conditions. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date first written above. ACCEPTED AND AGREED ACCEPTED AND AGREED CITY OF SAIVTA AIVA MIDWEST TAPE, LLC By: By: .,0.a Print Name: ALVARO NUNEZ Print Name: Sue Bascuk Print Title: City Manager Print Title: Vice President Date Signed: Date Signed: 16/01/2026 ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney By: By: Brian Sternberg(Jan 15,2026 14:36:56 PST) ---JONATHAN T. MAR�'INEZ BRIAN STERNBERG Assistant City Attorney Executive Director, Library Services 9/2022US - PPU/OCOU Page 9 City Council 11 — 11 2/3/2026 Appendix 1 Advance Schedule Population of Library System Advance in Area U.S. Dollars > 1,000,000 $200,000 500,000 - 999,999 $100,000 300,000 -499,999 $75,000 200,000 - 299,999 $50,000 100,000 - 199,999 $35,000 50,000 - 99,999 $20,000 16,000 -49,999 $10,000 8,000 - 15,999 $5,000 <8,000 $2,000 Advance (Fill in: blanks below according to Schedule above.) Population of Library System Area Advance 310,000 $75,000 9/2022US - PPU/OCOU Pabe 10 City Council 11 — 12 2/3/2026 Al2pendix 2 hoopla® Licenses and Distribution Models The chart below describes the distribution models included in Midwest Tape's hoopla offering as of the Effective Date, including the digital media licenses that are available via the Digital Media Platform. Instant Borrows HeX Borrows License type PPU (Pay-Per Use) OCOU (One-Copy/One-User) i Circulations/ An Instant Title is a work that is A Flex Title is only available to one user at Borrows available for simultaneous access by a time, via a digital OCOU Circulation, multiple users. Instant Titles may be otherwise referred to as a Flex Borrow. If accessed via PPU Circulations, the Library has an available Flex License to otherwise referred to as Instant a Flex Title, a Patron may activate a Flex Borrows,each of which allows a user to Borrow and that license is digitally stream, download, and/or access the checked out and considered "in use." chosen Instant Title, or collection of Other users cannot access that title during Titles (e.g., a "Binge Pass", described that borrow unless (i) the Library has below), for a limited time that purchased additional Flex Licenses to the terminates upon the expiration of a same title,one of which is available at that fixed period or earlier "return" by the time, or(ii) the same title also is available user. Instant Borrows are available as an Instant Title. A Flex Borrow allows a regardless of whether another user has user to stream, download, and/or access borrowed the same title for use at the the title for a limited time that terminates same time.For each Instant Borrow,the upon the expiration of a fixed period or Library purchases one Instant License to earlier"return" by the user. authorize that particular borrow. A "Binge Pass" is an instant Borrow that provides the borrower access to a collection of titles, either directly through hoopla or through a third-party website or application. All formats (audiobooks, eBooks, Available comics, movies, television, music, and Currently available only for audiobooks. formats magazines). Binge Passes are available only for select titles and may not be and eBooks. available for all formats. A PPU-Circulation Fee is charged for Where available, Flex Licenses may be j Payment each Instant Borrow. The fees, which ordered via the hoopla Digital Library obligations are listed on the Library Administration Administration Website. The costs of Website, vary by title and format, and these licenses vary by title and format. are subject to change from time to time. Fees for Flex Licenses are invoiced after The fee is charged regardless of whether each purchase(typically daily). the borrowed content is actually 9/2022US- PPU/OCOU Page 11 City Council 11 — 13 2/3/2026 I Instant Borro FlexBorrows. (continued) accessed, viewed, streamed, or downloaded by the user. Fees for Instant Borrows are invoiced monthly. To optimize Libraries' media purchases, Same. To optimize Libraries' purchases, Borrow Flex Borrows are prioritized over instant Flex Borrows are prioritized over Instant priority Borrows of Instant Titles when possible. Borrows of Instant Titles when possible. Therefore, if a user requests an Instant Title, and at that time a Flex License to that title is available,the borrow will be fulfilled as a Flex Borrow and no PPU- Circulation Fee will apply. (Note that this priority does not apply to Instant Borrows of Binge Passes. Users may borrow Binge Passes regardless of whether select titles within the Binge Pass may be available as Flex Licenses.) A Flex License may be either perpetual, or Metering N/A "metered." Some publishers do not offer { restrictions perpetual licenses, but instead offer metered licenses. Metered licenses are limited by time period and/or number of permitted borrows, as described in the Library Administration Website. If the Library has acquired OCOU Licenses Pre-Owned from another source (Pre-owned Content Content), Midwest Tape may be able to include them as Flex Licenses on hoopla for the Library's use hereunder. The Library is responsible for (1) providing an accurate list of Pre-Owned Content for N/A M idwest Tape's review (consistent with Appendix 3), and (2) notifying the owner and/or licensor of such Pre-Owned Content when the Pre-Owned Content is to be removed.The format to be used for listing the Library's Pre-Owned Content, i including the required certification, is set forth on Schedule 1 to Appendix 3. i i 9/2022US-- PPU/OCOU Page 12 City Council 11 — 14 2/3/2026 I Appendix 3 Procedure for Pre-Owned Content ("POC") 1. Library to provide inventory of POC. Promptly on or after the Effective Date, Library shall provide to Midwest Tape a written inventory of Pre-Owned Content(if any)that the Library has obtained prior to the Effective Date or otherwise outside the scope of this Agreement. 2. Format of inventory and additional information regarding POC. The written inventory shall be provided in table format as set forth in Part 1 of Schedule 1,or in another mutually agreeable format,and shall include the following information,for each license comprising Library's Pre-Owned Content: (1) the title,format(eBook or Audiobook),author(s),street date,publisher,ISBN number; (2) the date of purchase of the license,and the license type(e.g., Perpetual license, Limited Borrows license, Limited Time Period license,Limited Borrows&Time Period license); (3) the rights that Library has to that copy of the work,including the term and expiration date(if any)of the license and any other metering or other limitations on the term of the license(e.g., borrow limit), including the amount of time and/or number of borrows already used, as well as number of borrows remaining available,for the license as of the date of transfer;and (4) the name and contact information of the company or other entity from which Library obtained the license (or, if the Library owns the copyright in a work,a statement identifying Library's ownership of such work). Library agrees to work in good faith to effectuate the assignment and transfer of Library's rights in such Pre-Owned Content to Midwest Tape, including, but not limited to notifying the owner and/or licensor of such Pre-Owned Content when the content is transferred. Upon request, Library also shall provide Midwest Tape with copies of any licenses,purchase orders, agreements,or any other documents reflecting Library's purchase or license of any Pre-Owned Content. Warranty by Library regarding POC Rights: Library represents and warrants that it owns the rights and licenses in and to the Pre-Owned Content set forth in Schedule 1 to Appendix 3, and that unless specifically stated in the Schedule, Library is authorized to assign or otherwise transfer such Pre-Owned Content to Midwest Tape as provided for under the terms of this Agreement. 3. Assignment by Library of Rights in POC As set forth on Schedule 1 to this Appendix 3,to the extent that Library has licensed any Pre-Owned Content,Library assigns and transfers its rights in or to such Pre-Owned Content to Midwest Tape for the purpose of allowing Midwest Tape to store, display, reproduce,grant rights of access to,convert,encode,distribute or otherwise administer and make such Pre-Owned Content available to Patrons via the hoopla Platform. Similarly,if and to the extent that Library owns the copyright to any content that may be made available to Patrons via the Digital Media Platform,Library hereby grants Midwest Tape a fully paid, royalty-free license to include such content in the Digital Media Platform and to make such content available via the Digital Media Platform without charge, and Library represents and warrants that such content does not infringe the copyright, trademark,or other rights of any third party.To the extent that Library cannot assign or otherwise transfer its rights in or to any Pre-Owned Content to Midwest Tape,Library grants Midwest Tape the exclusive right to negotiate with the owner and/or licensor of such Pre-Owned Content on Library's behalf,to obtain an assignment,transfer,license or any other rights necessary to allow Midwest Tape to store, display, reproduce, grant rights of access to, convert, encode, distribute or otherwise administer and make such Pre-Owned Content available to Patrons via the Digital Media Platform. 4. Efforts to include POC on the hoopla Platform to the extent possible. Upon receipt of the Library's inventory of Pre-Owned Content, Midwest Tape will work to assess the extent to which it can include some or all of the Pre-Owned Content via the Platform. Library acknowledges and agrees that: (i) Midwest Tape's ability to offer Pre-Owned Content on the Platform depends upon factors outside of Midwest Tape's control,including without limitation the scope and assignability of the Pre-Owned Content; and (ii) Midwest Tape does not represent or warrant that any or all Pre-Owned Content can or will be made available through the Platform. If Midwest Tape determines, in its sole discretion,that any Pre-Owned Content may be made available to Library's Patrons on the Platform,Midwest Tape will arrange to provide such Pre-Owned Content subject to the terms and conditions set forth in Library's existing licenses for such Pre- Owned Content or on such other terms and conditions that Midwest Tape may obtain from the owner of such Pre-Owned Content. 9/2022US - PPU/OCOU Page 13 City Council 11 — 15 2/3/2026 Schedule 1 to Appendix 3 of hoopla° Digital Media Agreement Certified List of Pre-Owned Content to be Transferred to Midwest Tape Part 1-List Format:Library to provide a table,in Excel or CSV format,listing each OCOU License to be transferred to Midwest Tape as Pre-Owned Content. The table shall include the fields shown below: Library Name Book Title Format(eBook,Audiobook) Edition Series Name(if applicable) Author/Creator 1 Author/Creator 2(if applicable) Street Date Publisher Vendor Vendor Content ID ISBN Bib ID License Number Date Purchased License Type:(Perpetual; Limited Borrows; Limited Time Period; Limited Borrows&Time Period) License Period Start date(if applicable) License Period Expiration Date(if applicable) Borrows Permitted(if applicable) Borrows Used (if applicable) Borrows Remaining(if applicable) Part 2-Delivery of List:Library to complete the table below prior to email delivery of list to Midwest Tape: Filename: exactfifiename, ivielt ding frle extension;!(.xlsx,.csv) Sent From: sender's name&email To: [designate email address for receipt of WO'G Gists) Date&Time: use format:February 22,21022 at approximate4y 2:22#'M Part 3-Certification: To be completed and signed by an authorized representative of Library. Attach a copy of this completed and signed Schedule 1 to the email noted in Part 2,above: The list provided as set forth above is,as of the date set forth below,a complete and accurate account of the Library's Pre-Owned Content as defined herein. With respect to Pre-Owned Content provided here or subsequently added by mutual written consent of the Parties,the Library hereby assigns and transfers to Midwest Tape any and all rights,title,and interests in the licenses necessary in order to enable Midwest Tape to make the Pre-Owned Content available to the Library's Patrons via the hoopla Platform,including as set forth in Section 2 and/or Appendix 3 of the Agreement. The undersigned certifies that they are a representative of the Library and duly authorized to make the foregoing representations on its behalf. Signature: Title: Print Name: Date: Library Name: 9/2022US - PPU/OCOU Page 14 City Council 11 — 16 2/3/2026 APPENDIX 4 Hoopla ("Company")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(including computer equipment),theft,or other misuse of Customer's 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 Company, its agents, representatives,or employees. i 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 CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal& advertising Injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. 2. 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 Company 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 j monitoring expenses. i If Company 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 Company.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Customer. 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 Company's CGL policy,with respect to any liability arising out of work or operations performed by or on behalf of the Company including materials, parts, equipment,and personnel furnished in connection with such work or operations. 2. Company's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers,officials,employees, agents, and volunteers for losses paid under the terms of Company's CGL and WC policies which arise from work performed by Company under this Agreement. City Council 11 — 17 2/3/2026 3. For any claims related to this contract, Company's insurance coverage shall be primary and any 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 Company's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled,suspended, voided,reduced in coverage or in limits, non-renewed by the carrier,or materially changed except after thirty(30)days prior written notice has been given to City.Ten (10) days prior written notice shall be provided to City for policy cancellation or non=renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: (Name of Department Staff Responsible for Agreement),Address of Department Responsible for Agreement, M-XX, 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 Company 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-:Vll, unless otherwise acceptable to Customer. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract. j 2. insurance must be maintained and evidence of insurance must be provided for at least three(3)years after completion of work. I 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,Company must purchase "extended reporting" coverage fora minimum of three(3)years after completion of work. Verification of Coverage Company 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 Company's obligation to provide them. Customer reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications,at any time. Subcontractors City Council 11 — 18 2/3/2026 Company 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 Company,for any reason,falls 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 Company resulting from said breach. i i I i 1 I 4 I i i �I City Council 11 — 19 2/3/2026 MIDWEST TAPE, LLC (HOOPLA DIGITAL MEDIA) - APPVD AS TO FORM Final Audit Report 2026-01-16 Created: 2026-01-15 By: Dylan Dario(ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAVc_N9t5gDaPe9S-YcrcYDUa5-j7DWwyS "MIDWEST TAPE, LLC (HOOPLA DIGITAL MEDIA) - APPVD A S TO FORM" History t) Document created by Dylan Dario (ddario@santa-ana.org) 2026-01-15-10:27:28 PM GMT Document emailed to Brian Sternberg (bsternberg@santa-ana.org)for signature 2026-01-15-10:27:34 PM GMT 'n Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2026-01-15-10:35:21 PM GMT 6© Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date:2026-01-15-10:36:56 PM GMT-Time Source:server C, Document emailed to Sue Bascuk(sbascuk@midwesttapes.com)for signature 2026-01-15-10:36:58 PM GMT Email viewed by Sue Bascuk(sbascuk@midwesttapes.com) 2026-01-16-1:03:36 PM GMT 6® Document e-signed by Sue Bascuk (sbascuk@midwesttapes.com) Signature Date: 2026-01-16-1:04:23 PM GMT-Time Source:server Agreement completed. 2026-01-16-1:04:23 PM GMT Adobe Acrobat Sign Planning and Building Agency 71 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 484308 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 Page 2 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. 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 Page 2 City Council 12 — 3 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 Page 3 ENVIRONMENTAL IMPACT 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 Nunez, City Manager City Council 12 — 4 2/3/2026 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 AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 1 i y' ounce 12 - 5 2/3/2026 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 Exemption 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 year 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 AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 2 i y' ounce 12 - 6 2/3/2026 reduction of 13.33%), rounded to the nearest dollar ("New Base Taxes"); and 7. Taxes assessed on the 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 the 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: (1) 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 terins 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 Payment 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 AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 3 i y' ounce 12 - 7 2/3/2026 ($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. AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 4 i y' ounce 12 - 8 2/3/2026 (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 percent (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 AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 5 i y' ounce 12 - 9 2/3/2026 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 beneficiaries 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 AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 6 i y' ounce 12 - 10 2/3/2026 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 breach 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 ] 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 binding 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. AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 7 i y' ounce 12 - 11 2/3/2026 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 NUNEZ City Manager ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: 1&�a Melissa M. Crosthwaite Senior Assistant City Attorney OWNER: AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 8 i y' ounce 12 - 12 2/3/2026 SOCO Harbor, Inc., a California nonprofit religious corporation By: Name: �I�-Pir• Its: t.r� AGREEMENT FOR PAYMENT IN-LIEU OF TAXES 9 C�4 �bfc��f"I 12 — 13 2/3/2026 ATTACHMENT A PROPERTY LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE, PARCEL 3,IN THE CITY OF SANTA ANA,COUNTY OF ORANGE,STATE OF CALIFORNIA,As SHOWN ON A MAP FILED IN BOOK 198,PAGES 1 TO 3 INCLUSIVE,OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS, MINERALS AND HYDROCARBON SUBSTANCES BELOW A DEPTH OF 600 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY UPON ANY PORTION OF THE SURFACE ABOVE A DEPTH OF 500 FEET,AS RESERVED IN THE DEED FROM ANTON H.SEGERSTROM AND OTHERS,RECORDED MARCH 14, 1958 IN BOOK 4227,PAGE 455 OF OFFICIAL RECORDS. PARCEL TWO: AN EASEMENT FOR INGRESS AND EGRESS OVER THOSE PORTIONS OF PARCEL 1,2 AND 4 As SHOWN ON MAP 84.887, FILED IN BOOK 198, PAGES 1 TO 3 INCLUSIVE,OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, INCLUDED WITHIN THOSE CERTAIN STRIPS OF LAND DELINEATED ON SAID MAP AS"PRIVATE VEHICULAR ACCESS WAY'. PARCEL THREE* EASEMENTS FOR FIRE PROTECTION, STORM DRAIN, TELEPHONE AND VEHICULAR ACCESSWAY FACILITIES, INCLUDING INCIDENTAL RIGHTS OF MAINTENANCE, REPAIR AND REPLACEMENT,AS SET FORTH IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WITH GRANT OF EASEMENTS RECORDED JUNE 12, 1986 AS INSTRUMENT NO.85-213161 AND AMENDED BY DOCUMENTS RECORDED ,TUNE 2, 1989 AS INSTRUMENT NO. 89-293438 AND MAY 9, 1990 As INSTRUMENT NO.90-249094,ALL OF OFFICIAL RECORDS. APN:414-261-07 City Council 12 - 14 2/3/2026 ATTACHMENT B NOTARY ACKNOWLEDGMENTS [To Be Inserted] IV ounce 12 - 15 2/3/2026 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 484308 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 City Council 13 — 1 2/3/2026 Public Works Asset Management Software February 3, 2026 Page 2 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 Accounting Unit Fund Account Description Amount Year —Account# Description 2025-26 10117601-66511 Public Works- Public Works-Admin $87,777 Admin & Services, Computer Planning Software Subscriptions 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 Nunez, City Manager City Council 13 — 2 2/3/2026 EXHIBIT 1 Quote Number Q-42904-1 Cityworks- Art5Kelleeca burger Road Cityworks 5475 Kellenburger Road Created Date 11/4/2025 A TRIMBLE COMPANY Dayton,OH 45424 Contact Information Contact Name: Jonathan Dhauw Prepared By Kristi Ross Name: Customer: Santa Ana(CA)-City of- Prepared By (916)294-2234 Public Works Phone: Contact 20 Civic Center Plaza Prepared By kristi_ross@trimble.com Address: Santa Ana, CA Email: 92701 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. City Council 13 — 3 2/3/2026 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. City Council 13 — 4 2/3/2026 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 Nunez Title: City Manager Date RECOMMENDED FOR APPROVAL: APROVED AS TO FORM: ATTEST: SONIA R. CARVALHO Rodolfo Rosas a se,0z°6s-eativR'dafoFo City Attorney oN n k aHa,a,-41`� ,o,a.,an«a ao9, _ a,ba,s<s-0�aa Rodolfo Rosas, P.E. By.- Acting Executive Director Kyle Iesen Jennifer L. Hall Public Works Agency Assi ant City Attorney City Clerk City Council 13 — 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 484308 APPLIES: Yes DISCUSSION City Council 14 — 1 2/3/2026 American Red Cross Facility Use Agreement for Evacuation Shelters February 3, 2026 Page 2 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 Nunez, City Manager City Council 14 — 2 2/3/2026 EXHIBR 1 Re c oss Facility Use Agreement The American National Red Cross ("Red Cross"), a non-profit corporation chartered by the United States Congress, provides services to individuals, families, and communities when disasters strike. The Jisaster relief activities of the Red Cross are made possible by the American public, who support the Red Cross with generous donations. The Red Cross's disaster services are also supported by facility owner who permit the Red Cross to use their buildings as shelters and other service delivery sites for disaste victims. This agreement is between the Red Cross and a facility owner("Owner")so the Red Cro s can use the facility to provide services during a disaster. This agreement only applies when Red Cros requests use of the facility and is managing the activity at the facility. Parties and Facility Owner: Full Name of Owner City of Santa Ana Address 20 Civic Center Plaza, Santa Ana, CA 92701 24-Hour Point of Contact Steve Rhyner, Emergency Operations Coordinator Name and Work 714-647-5315, Cell 714-418-7449 Title Work srhyner@santa-ana.org Phone Cell Address for Official Same Notices (only if different from above Red Cross: Chapter Name American Red Cross of Orange County Chapter Address 600 Parkcenter Drive, Santa Ana, CA 92705 24-Hour Point of Contact Monica Ruzich Name and Disaster Program Manager Title Work (714) 673-7423 Phone Cell (714) 481-5329 Address for Official American Red Cross, Disaster Cycle Services Logistics, 8550 Arli igton Notices Blvd., Fairfax, VA 22031 Facility: Insert name and complete street address of building or, if multiple buildings, write "See attached facility list," and attach facility list, including complete street address of each building that is part of this agreement. If the Red Cross will use only a portion of a building, then describe the portion of the building that the Red Cross will use. See Attachment A LOG Facility Use Agreement Form V.6.0 2025-03-20 1 City Council 14 — 3 2/3/2026 Terms and Conditions 1. Use of Facility: Upon request and if feasible, Owner will permit the Red Cross to use and occupy the Facility on a temporary basis to conduct emergency, disaster-related activities. The Facility may be used for the following purposes (both parties must initial all that apply): Facility Purpose Owner Initials Red Cross Initials Service Center (Operations, Client Services, or Volunteer Intake) Storage of supplies Parking of vehicles Disaster Shelter 2. Facility Management: The Red Cross will designate a Red Cross official to manage the activities at the Facility ("Red Cross Manager"). The Owner will designate a Facility Coordir ator to coordinate with the Red Cross Manager regarding the use of the Facility by the Red Cross. 3. Condition of Facility: The Facility Coordinator and Red Cross Manager(or designee)will jointly conduct a survey of the Facility before it is turned over to the Red Cross. They will use the first page of the Red Cross's Facility/Shelter Opening/Closing Form to record any existing damage or conditions. The Facility Coordinator will identify and secure all equipment in the Facility that the Red Cross should not use. The Red Cross will exercise reasonable care while using the Facility and will not modify the Facility without the Owner's express written approYal. 4. Food Services (This paragraph applies only when the Facility is used as a shelter or servile center.): Upon request by the Red Cross, and if such resources are available, the Owner w II make the food service resources of the Facility, including food, supplies, equipment and fo d service workers, available to feed the shelter occupants. The Facility Coordinator will designate a Food Service Manager to coordinate meals at the direction of and in cooperation with the Red Cross Manager. The Food Service Manager will establish a feeding schedule and supervise meal planning and preparation. The Food Service Manager and Red Cross Manager will jointly conduct a pre-occupancy inventory of the food and food service supplies before the Facility is turned over to the Red Cross. When the Red Cross vacates the Facility, the Red Cross Manager and Facility Coordinator or Food Service Manager will conduct a post-occupancy inventory of the food and supplies used during the Red Cross's activities at the Facility. 5. Custodial Services(This paragraph applies only when the Facility is used as a shelter or se ice center.): Upon request of the Red Cross and if such resources are available, the Owner will make its custodial resources, including supplies and workers, available to provide cleaning and sanitation services at the Facility. The Facility Coordinator will designate a Facility Custodian to coordinate these services at the direction of and in cooperation with the Red Cross ManagE r. 6. Security/Safety: In coordination with the Facility Coordinator, the Red Cross Manager, as he or she deems necessary and appropriate, will coordinate with law enforcement regarding any security and safety issues at the Facility. 7. Signage and Publicity: The Red Cross may post signs identifying the Facility as a site of R?d Cross operations in locations approved by the Facility Coordinator. The Red Cross will remove such signs when the Red Cross concludes its activities at the Facility. The Owner will not issue press releases or other publicity concerning the Red Cross's activities at the Facility withoull the LOG Facility Use Agreement Form V.6.0 2025-03-20 2 City Council 14 —4 2/3/2026 written consent of the Red Cross Manager. The Owner will refer all media questions about the Red Cross activities to the Red Cross Manager. 8. Closinq the Facility: The Red Cross will notify the Owner or Facility Coordinator of the date when the Red Cross will vacate the Facility. Before the Red Cross vacates the Facility, the Red Cross Manager and Facility Coordinator will jointly conduct a post-occupancy inspection, using the second page of the Shelter/Facility Opening/Closing Form, to record any damage or conditions. 9. Fee (This paragraph does not apply when the Facility is used as a shelter. The Red Cross does not pay fees to use facilities as shelters.): Both parties must initial one of the two statement below: a. Owner will not charge a fee for the use of the F i Owner Initials Red Cross Initials b. The Red Cross will pay $=yer: for the right to use and occupy the Fac lity 9wmer '„ii*e is Red CrossInitials 10. Reimbursement: Subject to the conditions in paragraph 10(e) below, the Red Cross will reimburse the Owner for the following: a. Damage to the Facility or other property of Owner, reasonable wear and tear excepted, resulting from the operations of the Red Cross. Reimbursement for facility damage will be based on replacement at actual cash value. The Red Cross, in consultation with the Owner, will select from bids from at least three reputable contractors. The Red Cross is not responsible for storm damage or other damage caused by the disaster. b. Reasonable costs associated with custodial and food service personnel and supplies which would not have been incurred but for the Red Cross's use of the Facility. The Red Cross will reimburse at per-hour, straight-time rate for wages actually incurred but will not reimburse for(i) overtime or(ii) costs of salaried staff. C. Reasonable, actual, out-of-pocket costs for the utilities indicated below, to the extent that such costs would not have been incurred but for the Red Cross's use of the Facility. (Both parties must initial all utilities that may be reimbursed by the Red C ross): Owner Initials Red Cross Initials Water Gas Electricity Waste Disposal d. The Owner will submit any request for reimbursement to the Red Cross within 60 days after the occupancy of the Red Cross ends. Any request for reimbursement must be accompanied by supporting invoices. Any request for reimbursement for personnel costs must be accompanied by a list of the personnel with the dates and hours worked. e. If the disaster is a Federally declared disaster and Owner is a municipal, county, parish, or state government entity, then the Owner will work with appropriate emergency management agencies to seek cost reimbursement through the Federal Emergency Management Agency's program for administering Public Assistance Category B under the Robert T. Stafford Act. The Red Cross is not obligated to LOG Facility Use Agreement Form V.6.0 2025-03-20 3 City Council 14 — 5 2/3/2026 reimburse the Owner for costs covered by Public Assistance Category B. 11. Insurance: The Red Cross shall carry insurance coverage in the amounts of at least $1,0 0,000 per occurrence for Commercial General Liability and Automobile Liability. The Red Cross s all also carry Workers' Compensation coverage with statutory limits for the jurisdiction within which the facility is located and $1,000,000 in Employers' Liability. 12. Indemnification: The Red Cross shall defend, hold harmless, and indemnify Owner against any legal liability, including reasonable attorney fees, in respect to claims for bodily injury, death, and property damage arising from the negligence of the Red Cross during the use of the Facility. 13. Term: The term of this agreement begins on the date of the last signature below and ends December 31, 2035. Digital Signature: Each party agrees that either part's execution of this agreement by DIGITAL signature (whether ELECTRONIC or encrypted) is expressly intended to authenticate this AGREEMENT a d to have the same force and effect as manual signatures. The term DIGITAL signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures. The use of digital signatures is intended to facilitate more efficient execution and delivery of signed documer ts. City of Santa Ana The American National Red Cross Owner(Legal Name) (Le al�me) By (Signature) By (Si ature) See attached signature page Debbie Leahy Name (Printed) Name(Printed) Regional Disaster Officer Title Ti e Date Date LOG Facility Use Agreement Form V.6.0 2025-03-20 4 City Council 14 —6 2/3/2026 City of Santa Ana and American Red Cross 2025 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 City Council 14 — 7 2/3/2026 PET ADDENDUM TO FACILITY USE AGREEMENT This Pet Addendum to Facility Use Agreement("Addendum") is hereby annexed to and made apart f the Facility Use Agreement ("Agreement") having an effective date of ' I S 20 ZC, and entered into between City of Santa Ana ("Owner") and The American National Red Cross, a nonprofit corporation, a Federally chartered instrumentality of the United States, and a body corporate under the laws of the United State(36 U.S.C.§§300101-300111(2007)("Red Cross").Owner and Red Cross are each sometimes referred to herein as a "Party" and collectively, as "Parties", as the context requires. Capitalized terms used, but not defined herein have the meanings set forth in the"Agreement". Owner hereby grants permission to the Red Cross to permit its clients while occupying a portion of the Premises ("Client") to keep only those pet(s) described below upon the terms and conditions in this Addendum.All pets are subject to the following general policies: 1. Clients' household pets, including assistance/therapy animals (each as define by applicable law) are permitted to be kept on and in the area of the Facility designated on Exhibit A of this Addendum ("Pet Area"),or other areas(designated by Owner) in the building. 2. Clients'service and/or guide animals(as defined by applicable law)are permitted to be kept in the same area of the Facility as the Client. 3. At all times when a client's pet is outside the Pet Area,the pet must be secured by a ther a leash, or in a carrier or other container and restrained in such a way so as not to cause any dama a to people or the Facility. Except for service and/or guide animals, no pet is permitted in any part o the Facility, other than the Pet Area,or other areas designated and approved by Owner. 4. Owner's personnel shall avoid physical contact with any pet and shall enter the Pet krea only accompanied by the Red Cross Representative (identified in the Agreement) or Animal Welfare Organization (AWO) providing care and/or support of the pet. 5. Red Cross agrees that it, acting through the AWO, shall be responsible for sheltering, feeding, maintaining, and overseeing the welfare of the pets in compliance with all applicable laws and regulations, including but not limited to all state law and local ordinances regarding pet ownership and liability. 6. The Parties may execute and deliver this Addendum in counterparts. 7. Except as otherwise set forth in this Addendum, the terms of the Agreement remain in effect. 8. The term of this Addendum shall be coterminous with the term of the Agreement. The Parties have executed and delivered this Addendum as of the Effective Date. [Signatures follow on next page] Page 1 of 3 City Council 14 — 8 2/3/2026 IN WITNESS WHEREOF,the Parties,acting through their duly authorized officers,have execut A this Contract,which shall come into force as of the latest date of the signatures below. OWNER City of Santa Ana RED CROSS Name: See attached signature page The American National Red Cross By: By: "� Signature Signature Print Name: Print Name: Debbie L Jy Title: Title: Regional Disaster Officer Page 2 of 3 City Council 14 — 9 2/3/2026 Exhibit A Diagram of Pet Area (include location of pet waste disposal bins/areas) As Facility design and layouts may change over time,site diagrams will be determined at the time of L se, if needed. Page 3 of 3 City Council 14 — 10 2/3/2026 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA JENNIFER L. HALL ALVARO NUN-EZ City Clerk City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney By: laaL—_-- �. TAMARA BOGOSIAN ROBERT RODRIGUE Senior Assistant City Attorney Chief of Police City Council 14 - 11 2/3/2026 EXHIBIT 2 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 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, City Council 15 — 1 2/3/2026 Unmanned Aerial Systems (Drones) February 3, 2026 Page 2 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 City Council 15 — 2 2/3/2026 Unmanned Aerial Systems (Drones) February 3, 2026 Page 3 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: City Council 15 — 3 2/3/2026 Unmanned Aerial Systems (Drones) February 3, 2026 Page 4 Fiscal Year Accounting Unit— Fund Accounting Unit, Amount Account No. Description Account Description Law SLESA Machinery & FY 26-27 12814407-66400 Enforcement $249,999 Grants Equipment Law SLESA Machinery & FY 27-28 12814407-66400 Enforcement $220,519 Grants Equipment Law SLESA Machinery & FY 28-29 12814407-66400 Enforcement $212,382 Grants Equipment 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 Nunez, City Manager City Council 15 — 4 2/3/2026 Docusign Envelope ID:030D2B63-5582-4D40-9D78-224202894BCB EXHIBIT 1 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 VILII 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 Page 1 of 5 ity i f6u6ce 15 — 5 2/3/2026 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB shall be specific to the services defined herein and not affect any other Axon agreements with the City. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Quote # Q-750055-46042MT, identified and attached hereto as Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed$682,900. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM a. This Agreement shall commence on the date first written above and continue for a three (3) year term, unless terminated earlier in accordance with Section 17 of Exhibit A. b. The parties agree and understand that the term defined, above, is controlling. Neither the subscription term or any renewal term identified in Exhibit A shall apply. Any extension or renewal may be subject to approval by the City Council of the City of Santa Ana. 4. INSURANCE Insurance requirements are attached hereto as Exhibit C. 5. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. Page 2 of 5 ity CV 11 15 — 6 2/3/2026 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB 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 Police City of Santa Ana 60 Civic Plaza Santa Ana CA 92702 Page 3 of 5 ity CV 11 15 — 7 2/3/2026 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB To Consultant: Axon Enterprise, Inc. 17800 N. 85 h Street 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 PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. 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] Page 4 of 5 ity CV 11 15 — 8 2/3/2026 Docusign Envelope ID:030D2B63-5582-4D40-9D78-224202894BCB IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO AXON ENTERPRISE, INC. City Attorney Signed by: By: Robert Driscoll Tamara Bogosian By: Robert Driscoll Senior Assistant City Attorney Title: Deputy General Counsel RECOMMENDED FOR APPROVAL: F . r' Q- Robert Rodriguez Chief of Police Page 5 of 5 #2134105v3 City Council 15 - 9 2/3/2026 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB EXHIBIT A MASTER SERVICES AND PURCHASE AGREEMENT (DFR) # ity ouncil 15 — 10 2/3/2026 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB AXONMaster Services and Purchasing Agreement This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer"). This Agreement is effective as of the later of the(a) last signature date on this Agreement or(b) date of acceptance of the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer's purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer forthe same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows: 1. Definitions. 1.1. "Axon Cloud Services" means Axon's web services, including, but not limited to, Axon Evidence, Axon Records,Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. 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 Customer's purchase order in response to a Quote will be void. Orders 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. All subscriptions including Axon Evidence,Axon Fleet, Officer Safety Plans,Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term"). 2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 year 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. Payment.Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date.Axon invoices forAxon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums at the lower of one-and-a-half percent(1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff,deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys'fees. 4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate. 5. Shipping.Axon may make partial shipments and ship Axon Devices from multiple locations.All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon's delivery to the common carrier. Customer is responsible for any shipping charges in the Quote. 6. Returns.All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7. Warranty. 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 Customer's receipt, except Signal Sidearm which Axon warrants for thirty(30) months from Customer's receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer's receipt, respectively, from the date of Customer's receipt. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased. Ver Release Date:August 2025 Page 1 of 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB 44& A X 0 N Master Services and Purchasing Agreement 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") are not covered by Axon's 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, Axon's sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon- manufactured Device, at Axon's option. A replacement 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's property, and the replaced item becomes Axon's property. 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 Axon's warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and 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. Axon's warranty excludes damage related to: (a) failure to follow Axon Device use instructions- (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 than Axon without Axon's written permission; or (f) Axon Devices with a defaced or removed serial number. Axon's warranty will be void if 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. Axon's cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve(12)months preceding the claim. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales- terms-and-conditions. 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. Ver Release Date:August 2025 Page 2 of 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB 44& A X 0 N Master Services and Purchasing Agreement 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. Free Trial. 8.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period ("Trial Period") as described in a quote issued ("Trial Quote"). During the Trial Period,Axon grants Customer a nonexclusive, terminable, non- transferable, license to use new Axon Devices and Services provided for trial to the Customer("Trial Products"). Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote. Axon may supply refurbished Trial Products. ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT LIMITATION,AXON CLOUD SERVICES,ARE PROVIDED "AS IS"AND TO THE EXTENT NOT PROHIBITED BY LAW,AXON DISCLAIMSALL LIABILITY REGARDLESS OF THE CLAIM. 8.2. Trial Quote Termination. Upon at least 10 business days' prior written notice to Axon at any time prior to the 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. Customer's rights to the Trial Products will 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 to the Axon Cloud Services Terms of Use Appendix 9. Statement of Work. Certain Axon Devices and Services, including, but not limited to,Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that details Axon's Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW.Additional services outside of the SOW, Quote, or this Agreement are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this Agreement by reference. 10. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. 11. Design Changes. Axon may make design or feature changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer. 12. Combined Offerings. Some offerings in a Quote combine existing and pre-released Axon Devices or Services. Some offerings may not be available at the time of Customer's purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer's choice not to utilize any portion of a combined offering. 13. Insurance.Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance. Upon request,Axon will supply certificates of insurance. 14. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary rights to be violated. 15. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices,Axon Cloud Services or Axon software ("Axon Products") infringes or misappropriates the third-party's intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon's expense and cooperate fully with Axon in the defense or settlement of such claim. Axon's IP indemnification obligations do not apply to claims based on (a) modification of Axon Products by Customer or a third-party not approved by Axon; (b) __ er Ver��QUI j �' 5TL0l6 Release Date:August 2025 Page 3 of 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB ` AXON Master Services and Purchasing Agreement than as permitted in thisAgreement;or(d) use of Axon Products that is not the most current software release provided by Axon. 16. Customer Responsibilities. Customer is responsible for (a) Customer's use of Axon Devices; (b) Customer or a Customer-authorized user's breach of thisAgreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer's use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer's cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices. 17. Termination. 17.1. For Breach.A Party may terminate this Agreement for cause if it provides thirty(30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon's uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 17.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer may terminate this Agreement. Customer will deliver notice of termination under this section as soon as reasonably practicable. 17.3. Effect of Termination. Upon termination of thisAgreement, Customer rights immediately terminate. Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer's suggested retail price("MSRP")and thisAgreement terminates before the end of the Term,Axon will invoice Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non- appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components. 18. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party's Confidential Information. Unless required by law, neither Party will disclose the other Party's Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure.Axon may publicly announce information related to thisAgreement. 19. General. 19.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party's reasonable control. 19.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties. 19.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 19.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 19.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. 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. Assignment. Neither Party may assign this Agreement without the other Party's prior written consent. Axon for Ver&Lot-L QU11 — Retease Date:August 2025 Page 4 of 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB 44& A X 0 N Master Services and Purchasing Agreement purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 19.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 19.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices. 19.10.Governing Law.The laws of the country,state, province, or municipality where Customer is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 19.11.Notices.All notices must be in English. Notices posted on Customer's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc.Attn: Legal, 17800 North 85th Street, Scottsdale,Arizona 85255 with a copy to legal@axon.com. 19.12.EntireAgreement.This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature. AXON: CUSTOMER: Axon Enterprise, Inc. Signature: Signature: Name: Name: Title: Title: Date: Date: Ver Release Date:August 2025 Page 5 of 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Axon Cloud Services Terms of Use Appendix 1. Definitions. 1.1. "Data Controller" means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data. 1.2. "Data Processor" means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller. 1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer's 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 User" means the natural person subject to Customer's authorized license grant who ultimately uses the Cloud 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 Data" is data, configuration, and usage information about Customer's Axon Cloud Services tenant,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. "Subprocessor" means any third party engaged by the Data Processor to assist in data processing activities that 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. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon's 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 necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User's use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary Ve Re1Qt)P DGj12025 15 — 16 202Q&42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB `� AXON Master Services and Purchasing Agreement 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 terminate that End User's access to Axon Cloud Services. 5.1 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 additional fees along with suspending Customer's access. Customer shall contact Axon immediately if an unauthorized party may be using Customer's account or Customer Content, or if account information is lost or 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. Customer's use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current 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. Anon 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 chooses to use this service, Axon must also enable the usage of the feature for Customer's Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer's Axon Cloud Services tenant. 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 Customer's or any End User's right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or End User's use of or registration for Axon 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; (c) subject Axon, Axon's affiliates, or 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 Ve RelQt)P DGtI2025 15 — 17 202Q&42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement and support data) in connection with Customer's use of the Services (collectively "Usage and Operations Data") is 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 report is provided "as is" and without any warranty of any kind. 12.3.In the event Customer seeks Axon's deletion of Provided Data, it may submit a request to privacy@axon.com. 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. During the Customer's Axon Records Subscription Term Axon will provide Update 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 by Customer to access the service ("Third-Party Components") are the sole and exclusive responsibility of Customer, 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. Ve RelQt)P DGtI2025 15 — 18 202C96f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB `� AXON Master Services and Purchasing Agreement 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 requirements, monitoring the Customer's use of FUSUS systems, and undertaking data analytics. 15. Axon Community Request Storage. If Community Request is included as part of Customer's Quote or combined offering, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Customer's Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content. 16. Performance Auto-Tacminq Data. If Axon Performance is included in Customer's Quote or a combined offering, Axon will store call for service data from Customer's CAD or RMS 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 notices) of Axon's or Axon's licensors on or within Axon Cloud Services; or 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 Customer Content, including requests for Axon's data 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 a U.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 behalf of the U.S. Government and these terms fail to meet the U.S. Government'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: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions. Ve RelQt)P D0tI2025 15 — 19 202QGf 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Al Technology Appendix This Al Technology Appendix shall only apply to Customers who license Axon Cloud Services in a Quote that specifically utilizes Al Technology. Unless explicitly defined otherwise, capitalized terms used in this Appendix have the same meaning as those in the Agreement. 1. Definitions. 1.1. Al Technology. Refers to artificial intelligence functionalities embedded in Axon's Cloud Services, which may include: (a) Enhanced Evidence Management; (b) AI-powered redaction tools; (c) Large Language Model- based tools (e.g., "Draft One" "Policy Chat"); (d) Predictive 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 Al Technology. 2. Scope and Usage. 2.1. Integration.Axon Al Technology is intended to improve public safety, streamline operations, and ensure data accuracy. The Al functionalities will only be used as described in the Agreement or applicable documentation. 2.2. Data Use. Axon acts as a Data Processor for Al Technology. All inquiries submitted are processed solely to provide accurate responses based on Customer Content submitted. Customer remains the Data Controller of all Customer Content. Axon and Axon's subprocessors do not train their models on Customer Content. Customers who elect to participate in Axon's ACEIP program can enter into custom agreements to assist in product development efforts like Al model training. Even in those cases, Axon operates carefully on redacted data and not on Customer Content. 2.3. Automatic Data Collection. Al 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. Al 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 Al Technology, excluding Customer Content or any data that directly or indirectly identifies individuals. 3. Axon Responsibilities. 3.1. Ethical Al 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 Al 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 Al 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 Al Act, NIST Al standards, and ISO/IEC 27001. Ve RelQt)P DGtI2025 15 — 20 2/3i20]2Cf 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB `� AXON Master Services and Purchasing Agreement 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 Al Technologies. Customer must: (a) review AI-generated outputs to ensure accuracy and appropriateness; (b) maintain control over Customer Content shared with Al Technologies (c) comply with applicable laws when using Axon Al Technology and Axon Services; (d) monitor for potential issues with Al outputs, including false positives or negatives; (e) actively opt-in for programs involving data sharing through Axon's ACEIP program; and (f) provide timely feedback on Axon Al Technology performance. 4.3. Restrictions. Al 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 Customer's subscription of Auto-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 provisioned to 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 inapplicable laws or improvements in Al Technologies. Axon will provide at least 30 days' notice for any substantive changes. Continued use of Axon Devices and Services after the effective date constitutes acceptance of the updated terms. ve RelQt)P DGtI2025 15 — 21 2/3i20.2Cf 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB `� AXON Master Services and Purchasing Agreement Axon Customer Experience Improvement Program Appendix 1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon's development 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 segments or elements of the Customer Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Customer Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Tech nique(s)"). For illustrative purposes, some examples are described in footnote 11. For clarity,ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within 30 days of receiving the Customer's request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Customer. In addition, if Axon uses Customer Content for the ACEIP Purposes, upon request,Axon will make available to Customer a list of the specific type of Customer Content being used to generate ACEIP Content,the purpose of such use, and the retention, privacy preserving extraction technique,and relevant data protection practices applicable to the Customer Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Customer notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case"). 2.2. Expiration of ACEIP Tier 1. Customer consent granted herein will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Customer's request, Axon will no longer access or use Customer Content forACEIP Purposes and will delete ACEIP Content.Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Customer. 3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon's services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer For 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. ve RelQt)P DGtI2025 15 — 22 2/3QO2 f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data. ❑ Check this box if Customer wants to help further improve Axon's services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for such participation in ACEIP Tier 2. Ve Re1Qt)P DGj12O25 15 — 23 2/3i2O-ZCf 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Professional Services Appendix If any of the Professional Services specified below are included on the Quote, this Appendix applies. 1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date. 2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four(4) consecutive days of on-site service and a professional services manager to work with Customer to assess Customer's deployment and determine which on-site services are appropriate. If Customer requires more than four(4) consecutive on-site days, Customer must purchase additional days.Axon Full- Service options include: System set up and configuration • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Customer need • Register cameras to Customer domain • Troubleshoot IT issues with Axon Evidence and Axon Dock("Dock") access • One on-site session included Dock configuration • Work with Customer to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Customer • On-site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon's observations with other customers • Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management • Provide referrals of other customers using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Customer's configuration of security, roles &permissions, categories &retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Customer's in-house instructors who can support Customer's Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing cases and evidence with local prosecuting agencies Users go-live training and support sessions • Assistance with device set up and configuration • Training on device use,Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories&roles guide Postgo-live review 3. Body-Worn Camera Starter Service (Axon Starter).Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories &custom roles based on Customer need Ve RelQt)P DGtI2025 15 — 24 2/W026f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB `� AXON Master Services and Purchasing Agreement • Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration • Work with Customer to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Customer's in-house instructors who can support Customer's Axon camera and Axon Evidence training needs after Axon's has fulfilled its contracted on-site obligations User go-live training and support sessions • Assistance with device set up and configuration • Training on device use,Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories&roles guide 4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services. 5. CEW Services Packages. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories &custom roles based on Customer need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full-Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specificAxon representative for all aspects of planning the rollout(Project Manager). Ideally, Project Manager will be assigned to Customer 4-6 weeks before rollout Best practice implementation planning session to include: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon's observations with other customers • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other customers using TASER CEWs and Axon Evidence • For the CEW Full-Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Customer's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Customer's subsequent Axon Evidence training needs. • For the CEW Full-Service Package: Training for up to 3 individuals at Customer • For the CEW Starter Package: Training for up to 1 individual at Customer TASER CEW inspection and device assignment Axon's on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full-Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 6. Smart Weapon Transition Service.The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon's on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Customer is replacing with newer Smart Weapon models. Ve RelQt)P DGtI2025 15 — 25 2/3i20]ZCf 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Return of Old Weapons Axon's on-site professional service team will ship all old weapons back to Axon's headquarters. Axon will provide Customer with a Certificate of Destruction "Note: CEW Full-Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course. 7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Customer to assess Customer's deployment and determine which Services are appropriate. The VR Service training options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon VR headset content • Configure Customer settings based on Customer need • Troubleshoot IT issues with Axon VR headset Axon 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 obligations Classroom and practical training sessions Step-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality, basic operation, and best practices 8. Axon Air, On-Site Trainina.Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Air, On-Site training options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon Air App (ASDS) • Configure Customer settings based on Customer need • Configure drone controller • Troubleshoot IT issues with Axon Evidence Axon instructor training(Train the Trainer) Training for Customer's in-house instructors who can support Customer's Axon Air and Axon Evidence training needs after Axon's has fulfilled its contracted on-site obligations Classroom and practical training sessions Step-by-step explanation and assistance for Customer's configuration of Axon Respond+ Iivestreaming functionality, basic operation, and best practices 9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually. 10. Signal Sidearm Installation Service. a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Customer is responsible for providing a suitable work/training area. b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration. 11. Axon Justice Implementation. Axon Justice Implementation includes advanced remote project planning, configuration support, and training. Axon Justice Implementation includes: System set up and configuration • Axon performs discovery to understand and document the Agency's needs. • Axon collaborates with the Client to configure workflows, permissions, and privileges within Axon Evidence based on the Client's needs. • Axon will facilitate a workflow discussion with the core admin team. Ve RelQt)P DGtI2025 15 — 26 2/3i2®26f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB ,,4\ AXON Master Services and Purchasing Agreement Disclosures • Axon enables the Client to share digital evidence to the defense through the following methods as determined by Client and Axon: 1. Public Defender Case Sharing 2. Disclosure Portal 3. Download Links Training • Agency 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 trained to follow the ingestion method is the Agency's responsibility. Go-Live Plan • Axon 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 packet • Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories &roles guide Post go-live review 12. Out of Scope Services.Axon is only responsible to perform the professional services described in the Quote, this Appendix, and any applicable SOW. Any additional professional 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. 13. Delivery of Services.Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer travel time by Axon personnel to Customer premises as work hours. 14. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer. 15. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices(whether performed by Customer orAxon), Customer must prepare the location(s)where Axon Devices are to be installed ('Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement,Axon will provide the update to Customer when Axon generally releases it. 16. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form.Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of ve RelQt)P D0tI2025 15 — 27 2/3QO.16f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement delivery of the Acceptance Form, the professional services will be deemed accepted by Customer. 17. Customer Network. For work performed by Axon transiting or making use of Customer's network, Customer is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Customer's network from any cause. Ve Re1Qt)P DGj12025 15 — 28 2/3Q®-26f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Technology Assurance Plan Appendix If Technology Assurance Plan ("TAP") or a combined offering including TAP is on the Quote, this appendix applies. 1. 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 Plan. If Customer purchases an Officer Safety Plan ("OSP"), Customer will receive the deliverables detailed in the Quote. Customer must accept delivery of the TASER CEW and accessories as soon as available from Axon. 3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote("OSP Term"). 4. TAP Refresh. If Customer has no outstanding payment obligations and purchased TAP,Axon will provide Customer a new Axon Device ("Device Refresh") as scheduled in the Quote. If Customer purchased TAP,Axon will provide a Device Refresh that is the same or like Axon Device, at Axon's option.Axon makes no guarantee the Device Refresh will utilize the same accessories or Axon Dock. 5. TAP Dock Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Dock as scheduled in the Quote ("Dock Refresh"). Accessories associated with any Dock Refreshes are subject to change at Axon discretion. Dock Refreshes will only include a new Axon Dock Bay configuration unless a new Axon Dock core is required for Axon Device compatibility. If Customer originally purchased a single-bay Axon Dock, the Dock Refresh will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon's option. If Customer originally purchased a multi-bay Axon Dock, the Dock Refresh will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon's option. 6. Refresh Delay. Axon may ship the Axon Device and Dock Refreshes as scheduled in the Quote without prior confirmation from Customer unless the Parties agree in writing otherwise at least ninety(90) days in advance. Axon may ship the final Axon Device and Dock Refreshes as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Customer. 7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered Axon Device Refreshes or Dock Refresh,Axon will not provide a refund.The MSRP is the MSRP in effect at the time of the upgrade. 8. Return of Original Axon Device. Within thirty(30)days of receiving a BWC or Dock Refresh, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Customer does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Customer. 9. Termination. If TAP or OSP terminates or expires: 9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given. 9.2. Axon will not and has no obligation to provide the Upgrade Models. 9.3 Customer must make any missed payments due to the termination before Customer may purchase any future TAP or OSP. Ve RelQt)P DGtI2025 15 — 29 2/3i20-ZCf 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Axon Auto-Tagging Appendix If Auto-Tagging is included on the Quote, this Appendix applies. 1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Customer's Computer-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 Customer's CAD 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 Evidence, if Customer maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Customer changes its CAD or RMS. 3. Changes. Axon is only responsible to perform the Services in this Appendix for Auto-Tagging and any applicable 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 fees or schedule. 4. Customer Responsibilities.Axon's performance of Auto-Tagging Services requires Customer to: 4.1. Make available relevant systems, including Customer's current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2. Make required modifications, upgrades or alterations to Customer's hardware,facilities, systems and networks related to Axon's performance of Auto-Tagging Services; 4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5. Promptly install and implement any software updates provided by Axon; 4.6. Ensure that all appropriate data backups are performed; 4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services; 4.8. Provide Axon with remote access to Customer's Axon Evidence account when required; 4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Customer; and 4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5. Access to Systems. Customer authorizes Axon to access Customer's relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer. Ve RelQt)P DGtI2025 15 — 30 2/W@26f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Axon Respond Appendix This Axon Respond Appendix applies to Axon Respond,Axon Respond Device Plus, and Device Connectivity if any are included on the Quote. 1. 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 Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond. 2. Scope of Axon Respond. The scope of Axon Respond is to assist Customer with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Customer uses Axon Respond outside this scope,Axon may initiate good-faith discussions with Customer on upgrading Customer's Axon Respond to better meet Customer's needs. 3. Axon Body LTE Requirements.Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Customer utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is available in the United States including U.S. territories,Additional verification will be required for use in select international regions.Axon may utilize a carrier of Axon's choice to provide LTE service.Axon may change LTE carriers during the Term without Customer's consent. 4. Axon Fleet LTE Requirements.Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Customer is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Customer's LTE carrier. 5. 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 outside of the carrier's control such as intentional or negligent acts of third 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 regard to Axon Body, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Customer is not a third-party beneficiary of any agreement between Axon and the underlying carrier. 6. Termination. Upon termination of this Agreement, or if Customer stops paying for Axon Respond or combined offerings that include Axon Respond,Axon will end Axon Respond services, including anyAxon-provided LTE service. Ve Re1Qt)P DGj12025 15 — 31 2/3Q@26f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB `� AXON Master Services and Purchasing Agreement Axon Virtual Reality Content Terms of Use Appendix If Virtual Reality is included on the Quote, this Appendix applies. 1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual Reality Media"). 2. Headsets. Customer may purchase additional virtual reality headsets from Axon. In the event Customer decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those headsets from Axon. 3. License Restrictions. All licenses will immediately terminate if Customer does not comply with any term of this Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase additional Virtual Reality Media licenses from Axon. Customer may not use Virtual Reality Media 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 Virtual Reality Media; 3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same; 3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement; 3.4. use trade secret information contained in Virtual Reality Media; 3.5. resell, rent, loan or sublicense Virtual Reality Media; 3.6. access Virtual Reality Media to build a competitive device or service or copy any features,functions, or graphics of Virtual Reality Media; or 3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Virtual Reality Media or any copies of Virtual Reality Media. 4. Privacy. Customer's use of the 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.Axon may terminate Customer's license immediately for Customer's failure to comply with any of the terms in this Agreement. Ve RelQt)P DGtI2025 15 — 32 2/3JQ®26f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB `� AXON Master Services and Purchasing Agreement Axon Evidence Local Software Appendix This Appendix applies if Axon Evidence Local is included in the Quote. 1. License.Axon owns all executable instructions, images, icons, sound, and text in Axon Evidence Local.All rights are reserved to Axon.Axon grants a non-exclusive, royalty-free,worldwide right and license to use Axon Evidence Local. "Use" means storing, loading, installing, or executing Axon Evidence Local exclusively for data communication with an Axon Device. Customer may use Axon Evidence Local in a networked environment on computers other than the computer it installs Axon Evidence Local on, so long as each execution of Axon Evidence Local is for data communication with an Axon Device. Customer may make copies of Axon Evidence Local for archival purposes only. Customer shall retain all copyright, trademark, and proprietary notices in Axon Evidence Local on all copies or adaptations. 2. Term. The Quote will detail the duration of the Axon Evidence Local license, as well as any maintenance. The term will begin upon installation of Axon Evidence Local. 3. 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 code of Axon Evidence Local, or allow others to do the same; 3.3. 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 contained in Axon Evidence Local; 3.6. 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, functions, or graphics of Axon Evidence Local; or 3.8. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Axon Evidence Local or any copies of Axon Evidence Local. 4. 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.Axon may terminate Customer's license immediately for Customer's failure to comply with any of the terms in this Agreement. Upon termination,Axon may disable Customer's right to login to Axon Evidence Local. Ve RelQt)P DGtI2025 15 — 33 2/W@26f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Axon Application Programming Interface Appendix This Appendix applies if Axon's API Services or a subscription to Axon Cloud Services are included on the Quote. 1. Definitions. 1.1. "API Client"means the software that acts as the interface between Customer's computer and the server,which is already developed or to be developed by Customer. 1.2. "API Interface" means software implemented by Customer to configure Customer's independent API Client Software to operate in conjunction with the API Service for Customer's authorized Use. 1.3. "Axon Evidence PartnerAPI,AN or Axon API"(collectively"API Service") meansAxon'sAPI which provides a programmatic means to access data in Customer's Axon Evidence account or integrate Customer's Axon Evidence account with other systems. 1.4. "Use" means any operation on Customer's data enabled by the supported API functionality. 2. Purpose and License. 2.1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer's use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer's use of AN Service. Customer will not use API Service for commercial use. 2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use AN Service, solely for Customer's Use in connection with Customer's API Client. 2.3. Axon reserves the right to set limitations on Customer's use of the API Service, such as a quota on operations, to ensure stability and availability of Axon's API.Axon will use reasonable efforts to accommodate use beyond the designated limits. 3. Configuration.Customer will work independently to configure Customer's API Client with API Service for Customer's applicable 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 Customer's registration, Axon will provide documentation outlining API Service information. 4. Customer Responsibilities. When using API Service, Customer and its End Users shall not: 4.1. use AN Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; 4.3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services; 4.4. interfere with, modify, disrupt or disable features or functionality of AN Service or the servers or networks providing API Service; 4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6. create an AN Interface that functions substantially the same as AN Service and offer it for use by third parties; 4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; 4.8. frame or mirror API Service on any other server, or wireless or Internet-based device; 4.9. make available to a third-party, any token, key, password or other login credentials to AN Service; 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or 4.11. disclose Axon's API manual. 5. AN Content.All content related to API Service, other than Customer Content or Customer's API Client content, is considered Axon's API Content, including: Ve Re1Qt)P DGj12025 15 — 34 2/30)2&42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, AXON Master Services and Purchasing Agreement 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 Customer takes actions on, such as evidence, cases, users, or reports; 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 Content. Neither Customer nor its End Users will use API content returned from the API Interface to: 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party; 6.3. misrepresent the source or ownership; or 6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7. API Updates.Axon may update or modify the API Service from time to time ("API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer's API Client required as a result of such API Update.API Updates may adversely affect how Customer's API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service.Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions. Ve RelQt)P DGtI2025 15 — 35 2/3Q@26f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Axon Channel Services Appendix This Appendix applies if Customer purchases Axon Channel Service, as set forth on the Quote. 1. Definitions. 1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as specified in the attached Channel Services Statement of Work. 1.2. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital Evidence Management System. 1.3. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System. 2. Scope. Customer currently has a third-party system or data repository from which Customer desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Customer's third-party data into an Axon Digital Evidence Management System or the transfer of Customer data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any Customer Content. Customer is responsible for verifying all necessary data is migrated correctly and retained per Customer policy. 3. 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 Use. Customer is responsible for verifying Customer has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Customer is responsible for any changes to a third-party system that may affect the functionality of the channel service.Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Customer's network and systems to perform the Services described in the Channel Services SOW. Customer is responsible for facilitating this access per all laws and policies applicable to Customer. 5. Proiect Management. Axon will assign a Project Manager to work closely with Customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 6. Warranty.Axon warrants that it will perform the Channel Services in a workmanlike manner. 7. Monitoring.Axon may monitor Customer's use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Customer agrees not to interfere with such monitoring or obscure from Axon Customer's use of channel services. 8. Customer's Responsibilities.Axon's successful performance of the Channel Services requires Customer: 8.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access); 8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Customer (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Customer premises with laptop personal computers and any other materials needed to perform the Channel Services); 8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration)for Axon to provide the Channel Services; 8.4. Ensure all appropriate data backups are performed; 8.5. Provide Axon with remote access to the Customer's network and third-party systems when required for Axon to perform the Channel Services; 8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and 8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services). Ve RelQt)P DGtI2025 15 — 36 2/3QO26f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Axon Technical Account Manager Appendix This Appendix applies if Axon Support Engineer services are included in the Quote. 1. Axon Technical Account Manager Payment. Axon will invoice for Axon Technical Account Manager ("TAM") services, as outlined in the Quote, when the TAM commences work on-site at Customer. 2. Full-Time TAM Scope of Services. 2.1. 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. Customer's Axon sales representative and Axon's Customer Success team will work with Customer to define its support needs and ensure the Full-Time TAM has skills to align with those needs.There may be up to a six- (6-) month waiting period before the Full-Time TAM can work on-site, depending upon Customer's needs and availability of a Full-Time TAM. 2.3. The purchase of Full-Time TAM Services includes two (2) complimentary Axon Accelerate tickets per year of the Agreement, so long as the TAM has started work at Customer, and Customer is current on all payments for the Full-Time TAM Service. 2.4. The Full-Time TAM Service options are listed below: Ongoing System Set-up and Configuration Assisting with assigning cameras and registering docks Maintaining Customer's Axon Evidence account Connecting Customer to "Early Access" programs for new devices 1 Account Maintenance Conducting on-site training on new features and devices for Customer leadership team(s) Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program Conducting weekly meetings to cover current issues and program status Data Analysis Providing on-demand Axon usage data to identify trends and insights for improving daily workflows Comparing Customer's Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed Direct Support Providing on-site, Tier 1 and Tier 2 (as defined in Axon's Service Level Agreement) technical support for Axon Devices Proactively monitoring the health of Axon equipment Creating and monitoring RMAs on-site Providing Axon app support Monitoring and testing new firmware and workflows before they are released to Customer's production environment Customer Advocacy Coordinating bi-annual voice of customer meetings with Axon's Device Management team Recording and tracking Customer feature requests and major bugs 3. Regional TAM Scope of Services. 3.1. A Regional TAM will work on-site for three (3)consecutive days per quarter. Customer must schedule the on- site days at least two (2) weeks in advance. The Regional TAM will also be available by phone and email during regular business hours up to eight(8) hours per week. 3.2. There may be up to a six- (6-) month waiting period before Axon assigns a Regional TAM to Customer, depending upon the availability of a Regional TAM. 3.3. The purchase of Regional TAM Services includes two (2) complimentary Axon Accelerate tickets per year of the Agreement, so long as the TAM has started work at Customer and Customer is current on all payments for the Regional TAM Service. 3.4. The Regional TAM service options are listed below: Ve Re1Qt)P DGj12O25 15 — 37 2/WO26f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Account Maintenance Conducting remote training on new features and devices for Customer's leadership Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program Conducting weekly conference calls to cover current issues and program status 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 Devices Direct Support Providing remote,Tier 1 and Tier 2(As defined Axon's Service Level Agreement)technical support for Axon Devices Creating and monitoring RMAs remotely Data Analysis Providing quarterly Axon usage data to identify trends and program efficiency opportunities Comparing Customer's Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed Customer Advocacy Coordinating bi-yearly Voice of Customer meetings with Device Management team Recording and tracking Customer feature requests and major bugs 4. Out of Scope Services. The TAM is responsible to perform only the Services described in this Appendix. Any additional Services discussed or implied that are not defined explicitly in this Appendix will be considered out of the scope. 5. TAM Leave Time.The TAM will be allowed up to seven (7) days of sick leave and up to fifteen (15) days of vacation time per each calendar year. The TAM will work with Customer to coordinate any time off and will provide Customer with at least two (2) weeks' notice before utilizing any vacation days. Ve Re1Qt)P DGj12025 15 — 38 2/3/2026f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement Axon Training Pod Appendix 1. 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. TO THE EXTENT NOT PROHIBITED BY LAW, AXON TRAINING POD IS SOLD "AS IS" 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 Pod. After the initial placement, it is the Customer's responsibility to make any adjustments to the Axon Training Pod's 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. ve RelQt)P D0tI2025 15 — 39 2/3i2O2 f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB `� AXON Master Services and Purchasing Agreement Dedrone Product Appendix If the Quote includes Dedrone Hardware, Dedrone Software,and/or Airspace Security as a Service(collectively, "Dedrone Products"), this Dedrone Product Appendix shall apply. 1. Definitions. 1.1 "Dedrone Data" means data that Axon maintains regarding a wide variety of drone models and manufacturers in the marketplace ("DedroneDNA", formerly "DroneDNA"), as well as usability information that Axon collects 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 Software 1.2 "Dedrone Hardware" means the Axon drone detection hardware sensor or mitigation products set forth on a Quote and does not include any Third-Party Hardware. 1.3 "Sensor" means 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 "Dedrone Software" means(i)Axon's proprietary drone-tracking software, known as DedroneTracker(formerly DroneTracker), whether deployed on-premise or hosted by Axon as a cloud-based solution, (ii) Axon's video analytics software (currently known as Analytics Server), and/or (iii) software and/or firmware deployed or installed on the Dedrone Hardware or available for download and installation onto Customer's Third-Party Hardware. 1.5 "Third-Party Hardware" 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. 2.1 Software 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 Agreement and this Appendix (the "License"). Customer must 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 parties 2.2 Restrictions. 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 applicable laws or regulations (each of(i)through (v), a("Prohibited Use"). 3. Customer Obligations. 3.1 Compliance. Customer will use the Dedrone Products only in accordance with applicable specifications (the "Specifications") and in compliance with all applicable laws, including all applicable export laws and regulations 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, and agrees that it is Customer's responsibility to keep itself aware and remain compliant with the current laws and regulations that may apply, including but not limited to those that may apply to advanced features available at Customer's option in the Dedrone Software. Customer will ensure that none of the Dedrone Products are 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 ve RelQt)P DGtI2025 15 — 40 2/W026f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB J',kk-, A X 0 N Master Services and Purchasing Agreement 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. 3.2 Computing 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. 4.1 Data. If Customer licenses Dedrone Software, as part of its operation, the Dedrone Software may collect and send to servers owned, operated or controlled by Axon data or other information regarding Customer's use of 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 (collectively, "Sensor Data"), and (ii) video recording of the detected drones,including flight path("Video Data")(Sensor Data and Video Data are collectively referred to as "Collected Data"). 4.2 Use 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. 4.3 User Data. To the extent Axon uses User login information, including name, email, username, and password (collectively, "User Data") for any purpose other than to provide services to the Customer, such User Data will be 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. 4.4 Security. Axon maintains industry standard physical, technical, and administrative safeguards (the "Security Measures")to protect Collected Data. 4.5 No Access. Except for User Data,Axon does not(and will not)collect, process, store, or otherwise have access to any personal information, about End Users or users of Customer's products or services. 5. Ownership. 5.1 Axon 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. 5.2 Customer 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 and commercial computer software documentation, respectively, and Customer's rights therein are as specified 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. Ve RelQt)P D0tI2025 15 — 41 2/3i2O2 f 42 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB EXHIBIT B AXON Quote# Q-750055-46042MT # ity 66nci1 15 — 42 2/3/2026 kZ - 2,03 \ / to - LL { { k \ E S + r 2 g w - \ / A \ 2 � LU ) k \ 7 i o to\ LO 6 > ® m & & F � .0 � \ 00 LLI § �� cu co j / LU k § (n q § E z m % > m 0 Q ƒ o / 77 \ k k k � CIA � 2 co/ CID _ } % 3 , G 7 0 C00) - d \ \ \/\\ j ) ye \ � � + 00§ ELC) CC) ®® % y\ § \ \ \ \ S75 \ \ / \ \ \ \ \ \ co (0 k ° % \ a0 & o MI § E U) 0 )§ 2 O w > 5o/ 2 E -X � >< k 2 =< o § City Cou i m m@mo@= ]5 -98 � w 232028 j R0000 pp H cn rnLnc� O 7 oN N �� to 69 04 N CD O CO LO LO 2 O O l[) d fXC V rn LO p H W M Lvj C-0 .0 c L6 N EA EA Gq 00 R 4J CO 10 O N co O O co Oo Lp M NO Lo co- LD N N N CO fH fA H?LO E9 m U 00 v rn CN N O N V N CV W ti Q OJ O V V N W Ln L9 co m N O N O tm Q E cc N U) O N � > G> C W O O O C � N uncil 15 — 44 2/3/2026 O 0 oORo 0 0 oo aCo O O C• N O O O O LO O O 00 CO 7 O O O M -: -: OO W V Cn O O lr cc a) N M O LCJ Cl CD O cm O CD, H-7 v�Ef3 ��co Q Q O O CO 0 0 � "arnrnrnrnrn N N co N N N N N a� cococo 00000 LO LL> co 0 0 CD W N N N N N M ER ER fR .y N N N "a V V V V V C Q r r aO aO W a0 a0 0 0 0 0 0 C O H O O O O O O O O O O - G N F o N o � � ��v W O O N — co co ao VJ e» e» W LO c» vs LO y O O � Q LO O � cccocococ Or(Q N N N N N _ O O O O O O 00 m O O O O O V U) N N N N N O 00O O O O O CO O p o cs oo � LO v = � J � O E M O O O l[) t0co LO 7 EA V bMA i-R C14 �EH co .a EA fR L M c W y O 07 00 O O 0 0 („) O V Cfl O O O O r d O m N In O O O N M M r N N M M V V CC d O M M (D O O In Of Or O N () O O N d d Z cfJ LfJ N M W HS H3 (D Mn (n w p J N d ++ z Lu O O a) o ',I: ,I: o 0 0 o w z w CD 00 Cl O N p F w v O J sNs sMs ¢ ¢ in 01> C'f z 0 0 Z ¢ w 0 0 , o Z Zp Z Z a y Y X Z J Z � Q O j Y o co z O Cn 0 ¢ w 0 J O = LU U Df U U IL O d Y J U) J H Y ¢ Z -J O W a � � UoU = z Z � C-) > O ¢ E F X 0- U Of U o 00 cn X 03�: d M M M N 0 0 0 Z 0 Z 0 0 LOU o 0 o F o 0 o w o w o o LL o 0 0 } } } o } o } } o } } } Y Y Y � Y > y fn (n U) C w Cn w Cn Cn C LL UJ UJ !n O' • Z Z Z •C� Z Z Z Z Z -EL (,� Z Z Z Z Q y 0 0 0 N 00 0X X0 0X 0X N 0 0 0 0 .y ¢ ¢ ¢ G ¢ ¢ ¢ ¢ ¢ 0 ¢ Q Q ¢ o U � m C7 t9 O N 1� N O a0 N 7 CD f� M lf� CD O CO O CA CD z Z E 7 n N E 7 7 N LS] N CP O O w 0 R o 0 o d o 0 0 0 0 N o 0 0 y;, o Z Z - - - V o } U) O U 0- ~ O U co) O o w < v J IL m w w Jp o 0 0 p) H Z IL 00 a 2 Z m 0 ¢[if U V U of Y Z W LL -j Z ¢ o 0 N CO) 0 0 OU d X 00 o of O O 00 CP Y0p Y Y YY 0 Q C U) X U) Cn (n G Cn Q' Q Q' _�' _d' _o' ¢ U ¢ ¢ ¢ Q ¢ U UU UU a ouzo 0 0LU00 ,l, o ,, ,, o0 1J00 x x x J 0 J J 0 0 J L!) 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Cn Cn C?af O i ¢ ¢ ¢ ¢ ¢ J ¢ ¢ i ¢ ¢ ¢ ¢ ¢ J ¢ i ¢ ¢ ¢ ¢ ¢ J ¢ t Z Z Z Z Z O Z Z V Z Z Z Z Z O Z .O Z Z Z Z Z O Z U N O O O OX OX z O O W O O O O O z 0 0 O O O O O Z O mXQ ¢ ¢ ¢ QQ X000Qm ¢00 0 m 00 v rn N N O N N � V [l N � N W 00 H ti Z W U 0 U Q y E! Uo (Dorn CO moo COorn C1nmo (florn omo CO Ln O O CO O M M CO Ln O O CO O M CO Ln O O CO O M 00 CO O � � N 0 0 0 O N O O O N 7 O 7 0 0 LO O o 0 0 0 o Q Q Q O o 0 0 0 0 ¢ Q O o 0 0 0 o Q Q LC) - - CO U N m � N 0 O r LO CO R J E G a RLL R CCC o c N C o N 0- N d > •� O d O O d O d Q •R N 2 - - < < � � � C�j N V N N N N N N N N V M M c M M M M LLJ t O <C > `a) c`a cao R j R j a) a) o m m o m m > O a) o a) a) o a) a) O m m o a) m o a) O City Council — 2/3/2026 O 0 w. 0 x T () a) m � > Q o Co 0 U) °� a) O Q O �Q p a) _ x >, a) a) cn C5 E Q E d �, p — -� L E "- sZ Q x Cn p) O. 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Q) O j Cn OCU X 5 a) = — C6 Q a) Q a) CO 0 r U Q U 4) O CM Q a) U C) Q E L U) - C6 U i X C6 a) O R c 0 N� ¢ s= L Q a) � Z3 a) W L Q) 0 0 E 0 0 �, o s= p �:, a_ v C'f L C O > 0 C6 X O U i= N CO 0 m p ¢ O > 0 OL — � �, S= Q i E Q m Q a) L O O O rn N N > > N a) vi Q C) tCS O CC) E O> O Co O C>Cn E Q 2QS= Op SNnO OCO Z _U E O O 70 w Co C= xCo CD- -0 � C) - Co U C _ L :3() =30 a -0/) W f� = In c >+ 00 m 3 a) Z3 .E a) o Y 7 o E -0 s= -U CMo 0 CU N U U � Q O CO a) Cn cn Co .� >> �; (3) Co Z3 oo O j U z3 EX Co �CSf o ; '� Cn C� E < In Q o o Q N Cn p _0on •s m (nH Q W' CCU H -o Q Co 0 U) Co ca) 0 cc w N G p W L xLM 0 a-- U En City Council 15 - 48 ¢ 2/3/2026 O 0 CN N O LC 17 LO LO O O LO Or f^) co m U 00 v rn 00 N O N V N N W r O] O V N LO LO In CO m CO N O O 0) d O L R N C N c O LLI O c — rn City Council 15 — 49 2/3/2026 O 0 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB EXHIBIT C Insurance Requirements # ity 666nci1 15 — 50 2/3/2026 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB 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 (including computer equipment), theft, or other misuse of Customer's 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 CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 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 Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence 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's failure to provide professional services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of Customer in the care, custody, or control of Consultant. 4. Workers' Compensation (WC): As required by the State of California, with statutory limits, and Employer's Liability insurance with limits of no less than $1,000,000 per accident, policy, 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 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB Insurance Requirements—Exhibit C Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: I. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds,under Consultant's CGL 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's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of Consultant's CGL, AL, CL, E&O, and WC policies which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City 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 Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non- payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: 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 15 — 52 2/3/2026 Docusign Envelope ID: 030D2B63-5582-4D40-9D78-224202894BCB 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 must purchase "extended reporting" coverage for a minimum of 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 Consultant's obligation to provide them. Customer 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 a docusign. Certificate Of Completion Envelope Id:030D2B63-5582-4D40-9D78-224202894BCB Status:Completed Subject:Complete with Docusign:Axon-Drone Agreement(with Exhibits-CAO signed)(2-3-2026 Council m... Source Envelope: Document Pages:49 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials:0 Joshua Campbell AutoNav: Enabled 17800 N 85th St Envelopeld Stamping: Enabled Scottsdale,AZ 85255 Time Zone:(UTC-07:00)Arizona jcampbell@axon.com IP Address:74.192.136.23 Record Tracking Status:Original Holder:Joshua Campbell Location:Docusign 1/26/2026 11:51:54 AM jcampbell@axon.com Signer Events Signature Timestamp Robert Driscoll Signed by: Sent: 1/26/2026 11:53:09 AM bobby@axon.com E55DAEBB13IA4424 obert Driscoll Viewed: 1/26/2026 3:05:00 PM Deputy General Counsel . Signed: 1/26/2026 3:05:09 PM Axon Enterprise, Inc. Signature Adoption: Pre-selected Style Security Level: Email,Account Authentication (None) Using IP Address: 104.28.111.172 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Morgan Toelle �tw Sent: 1/26/2026 11:53:09 AM mtoelle@axon.com COP Viewed: 1/26/2026 11:54:11 AM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/26/2026 11:53:09 AM Certified Delivered Security Checked 1/26/2026 3:05:00 PM Signing Complete Security Checked 1/26/2026 3:05:09 PM Completed Security Checked 1/26/2026 3:05:09 PM Payment Events Status Timestamps City Council 15 — 54 2/3/2026 PolicySanta Ana Police Department EXHIBIT 2 • ' Santa Ana PD Policy Manual 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. C ro g6il-LC 2026/01/05,All Rights Reserved. ***DRAFT51t 55 Unmanned Aerial 9-MO20216 u ishe wi h permission by Santa Ana Police Department Santa Ana Police Department Santa Ana PD Policy Manual Unmanned Aerial System 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. (li¢�yroA ptjp6iFLC 2026/01/05,All Rights Reserved. ***DRAFT51t 56 Unmanned Aerial 2�}� `�'u�lished'w`ii permission by Santa Ana Police Department Santa Ana Police Department Santa Ana PD Policy Manual Unmanned Aerial System (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. Q) 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. (1) 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 Chiefs 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. (F.�¢ ro g6iFLC 2026/01/05,All Rights Reserved. ***DRAFII5* 57 Unmanned Aerial 02 2026 `�'u�lished'w`ii permission by Santa Ana Police Department Santa Ana Police Department Santa Ana PD Policy Manual Unmanned Aerial System (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. (li¢�yroA ptg6i[LC 2026/01/05,All Rights Reserved. ***DRAFII5* 58 Unmanned Aerial� 2026 `�'u�lished'w`ii permission by Santa Ana Police Department Santa Ana Police Department Santa Ana PD Policy Manual Unmanned Aerial System 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 (li¢�yroA ptg6iFLC 2026/01/05,All Rights Reserved. ***DRAFT51t 59 Unmanned Aerial 02M2026 u ishe wi h permission by Santa Ana Police Department Santa Ana Police Department Santa Ana PD Policy Manual Unmanned Aerial System (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 Q) Disaster/mass casualty response support (k) Event planning and management (1) 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. (li¢�yroAp ML*i[LC 2026/01/05,All Rights Reserved. ***DRAFII5* 60 Unmanned Aerial 02 202ro `�'u�lished'w`ii permission by Santa Ana Police Department Santa Ana Police Department Santa Ana PD Policy Manual Unmanned Aerial System (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 I 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. (li¢�yroAp ML*i[LC 2026/01/05,All Rights Reserved. ***DRAFT51t 61 Unmanned Aerial � 20_76 `�'u�lished'w`ii permission by Santa Ana Police Department Santa Ana Police Department Santa Ana PD Policy Manual Unmanned Aerial System (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/Igb/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. (li¢�yroA ptg6i[LC 2026/01/05,All Rights Reserved. ***DRAFII5* 62 Unmanned Aerial 02 2026 `�'u�lished'w`ii permission by Santa Ana Police Department Santa Ana Police Department Santa Ana PD Policy Manual Unmanned Aerial System 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. (li¢�yroAp ML*i[LC 2026/01/05,All Rights Reserved. ***DRAFT51t 63 Unmanned Aerial 2026 `�'u�lished'w`ii permission by Santa Ana Police Department City Manager's Office 71 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 484308 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 Page 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 Nunez, City Manager City Council 16 — 2 2/3/2026 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, 2020, 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 Commission 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 Resolution No. 2026-XXX City Council 16 — 3 2 6 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ,----- onathan T. Martine 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 Resolution No. 2026-XXX iVy tood,ncil 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. Page 1 of 5 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 shall 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)) Page 2 of 5 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 Oversight 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. Page 3 of 5 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 public 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 Page 4 of 5 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. SECTIONS. Decision. A decision made by the Commission is made by vote of the Commission on the motion to declare the decision of the Commission. SECTION& Motion to Approve or Deny. The vote is affirmative when a motion to approve the matter before the Commission is approved by the majority. In the event a motion to deny fails to carry, the chair shall call for a motion to approve. SECTIONT 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. SECTION& 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 vote 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. Page 5 of 5 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 Page 2 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 Nunez, City Manager City Council 17 — 2 2/3/2026 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 RELATED 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 Ordinance No. NS-XXX City Council 17 — 3 3 2026 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 Ordinance No. NS-XXX City Council 17 — 4 3 2026 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. This Ordinance shall become effective thirty (30) days after its adoption. Section 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: e 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 Ordinance No. NS-XXX City Council 17 — 5 3 2026 Planning and Building Agency 71 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 18 — 1 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) February 3, 2026 Page 2 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 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 City Council 18 — 2 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) February 3, 2026 Page 3 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. City Council 18 — 3 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) February 3, 2026 Page 4 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. City Council 18 — 4 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) February 3, 2026 Page 5 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 City Council 18 — 5 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) February 3, 2026 Page 6 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 City Council 18 — 6 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) February 3, 2026 Page 7 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 18 — 7 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) February 3, 2026 Page 8 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 Nunez, City Manager City Council 18 — 8 2/3/2026 Planning and Building Agency j Planning Division I 20 Civic Center Plaza P.O. Box 1988 (M-20) { I I Santa Ana, CA 92702 (714) 647-5804 APPEAL APPLICATION e I ������ I. OWNER/APPLICANT �M �7 ApplicantA+� � 44 -^ F I name f P Firor C rporatio Mailing Ad res G � p e)ie z f j�� ��c}-� Area Code Phone No. Legal Owner Name: Legal Owner Address: �n ��o► CA- Phone No.: p�) �( ) Fax: ( ) II. PROPERTY INFORMATION rr Land Use f2 ? 0/ � +stin Lan se fro e yandl�r�u�'Id�'n Zoning District ice eral Plan De n�agon Location f�o�'/ �%�GL 02 /Ty G� Gl r� r Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) Applicant's Signature: _ v pp g Date: APP Al-APPLICATION NO. 2025-d2 cm\cntr-frm\appeal 5/00 City Council 18 — 9 2/3/2026 MEMORANDUM MCT# 77419 TO: Finance&Management Services Agency (3 1%, Wednesday, November 5, 2025 FROM: Planning and Building Agency education Isr SUBJECT: Miscellaneous Cash Transaction All fees are subject to change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must pay the prevailing rate at the time payment is made. PROJECT ADDRESS: 5311 W McFadden Ave. Santa Ana,CA 92704-1729 AP#108-073-13 Application# APPL-2025-2-APC Permit# ISSUED TO: Trustee of the Sally C Gutierrez Trust ADDRESS: 5401 W Tampion Avennue Santa Ana.CA 92704 ITEM DESCRIPTION CITY UNIT RATE AMOUNT FUND NO. 1 Appeal(Non-Applicant) 1.0000 $734.00 $734.00 01116002 53606 1.t/5;21'1'J!'j r jr. I1`iltl3iii:= .iC*f'ti {.,t.l;I :k'tiz,Iff 1 i::il:_TEE Ul T i i 'ctfisl..'r_ i.!i?.L r, i'i; S 4 (il_l TOTAL MCT AMOUNT: $734.00 Comments: Issued By: Arias,Fernanda(Planning and Building Agency) NOTES: For payment to be considered complete, a GL Account# Total Miscellaneous Cash Transaction(MCT)must be paid 01116002 53606 $734.00 in full. Applicant must return to Planning with stamped cashier validation of the paid MCT for closure in the Planning system. Pagel off3 City Council 18 — 10 2/3/2026 SUBMITTAL REQUIREMENTS 1. An appeal application form(Exhibit 1). 2. A letter stating the nature of the appeal (in lieu of the space provided on the appeal form). 3. The application fee. 4. Any other pertinent information that the application warrants. City Council 18 — 11 2/3/2026 k ' f f Anthony Gutierrez Trustee of the Sally C. Gutierrez Trust 5401 W. Tampion Avenue Santa Ana, CA 92704 November 5, 2025 Planning and Building Agency Planning Division City of Santa Ana 20 Civic Center Plaza P.O.Box 1988 (M-20) Santa Ana, CA 92702 Re: Appeal of Planning Commission Decision - CUP No. 1982-18-MOD-1 Dear City Clerk: I respectfully submit this formal appeal of the Santa Ana Planning Commission's decision approving Conditional Use Permit (CUP) No. 1982-18-MOD-1, concerning the proposed expansion of the institutional use located at 5311 W. McFadden Avenue. I am submitting this appeal as the Trustee and Authorized Representative for all Trust Beneficiaries, and Authorized Representative of the adjacent R-1 Trust residence at 5401 W. Tampion Avenue, the property most directly and uniquely affected by the approved modification. Enclosed is the full Appeal Packet for filing and inclusion in the official administrative record. I respectfully request that the City Clerk transmit this appeal to the appropriate reviewing authority in accordance with established procedures for Council consideration. The basis for this appeal arises from material deficiencies in the process and the resulting approval, which did not meet required standards of fairness, transparency, residential protection, or environmental review. While the full Appeal Packet provides detailed findings and documentation, the key grounds for this appeal may be summarized as follows: 1. Due Process Deficiencies: Notice irregularities, limited review time, and imbalanced hearing structure prevented meaningful public participation and fair consideration prior to approval. 2. Misapplication of CEQA Class 14 Exemption: The exemption was applied as a final determination rather than a threshold of inquiry, bypassing required environmental review despite clear indicators warranting further analysis. 3. Failure to Evaluate Cumulative Impacts: The project was reviewed in isolation rather than in the context of the multi-institutional corridor along W. McFadden Avenue, resulting in an incomplete assessment of compounded impacts on the adjacent R-1 residence. 4. Lack of Alternatives .Analysis: The City approved the applicant's preferred design without evaluating feasible, less intrusive, or lower-impact alternatives that could have achieved educational objectives while reducing residential harm. 5. Public Interest and Equity Concerns: The approval placed disproportionate impacts on a single R-1 residence occupied by senior and ADA-protected individuals, without adequate safeguards or equitable consideration of residential rights. City Council 18 - 12 2/3/2026 r For the reasons detailed in the Appeal Packet, I respectfully request that the City vacate the Planning Commission's approval of CUP No. 1982-18-MOD-1 and remand the matter for proper reconsideration. Any future consideration of expansion at this location must include appropriate environmental review, evaluation of cumulative and equitable impacts, and incorporation of enforceable protections for the adjacent R-1 residence. Thank you for your attention to this filing. I respectfully request written confirmation of receipt and docketing of this appeal for the record. Sincerely, � LCZ Anthony Gutierrez Trustee and Authorized Repres/ntative of the Trust Property Enclosures: Appeal Packet - CUP No. 1982-18-MOD-1 City Council 18 — 13 2/3/2026 APPEAL APPLICATION FEE PAYMENT CUP No. 1982-18-MOD-1 - Forty Martyrs Armenian Church/Ari Guiragos Minassian Armenian School Hearing Body: City of Santa Ana Planning and Building Agency - Planning Division Hearing Date: October 27, 2025 Submitted by Anthony Gutierrez, Trustee of the Sally C Gutierrez Trust, its residents, and beneficiaries 5401 West Tampion Avenue, Santa Ana, CA 92704 APPEAL APPLICATION FEE The enclosed $734.00 cashier's check is submitted under protest and without waiver of rights, solely to meet the City's stated deadline forfiling an appeal. This payment is not to be construed as agreement that the appeal fee is lawful in this context. This appeal concerns disability-impacted housing conditions and the rights of disabled residents, a protected class under the Fair Housing Act, the Americans with Disabilities Act, and related state civil rights laws. The issues raised directly affect the quiet enjoyment, safety, health, and habitability of a residential R-1 property occupied by disabled individuals. Under the Fair Housing Act (42 U.S.C. §§ 3601-3619) and the Americans with Disabilities Act (ADA), Title II (42 U.S.C. §§ 12131-12134): •A public entity may not impose financial barriers that prevent a disabled resident from seeking relief or reasonable accommodation; and •When an appeal is based on disability discrimination or the protection of a disabled resident's housing rights, such fees may be unlawful or must be waived or reasonably accommodated. Accordingly, this fee is being submitted under formal dispute, with all rights reserved to seek reimbursement, waiver, or accommodation, and to challenge the imposition of the fee as a discriminatory barrier to exercising civil rights. The appellant expressly reserves all rights and remedies under the ADA, FHA, FEHA, Government Code §65008, and any other applicable law, including the right to seek reimbursement, fee waiver, or legal relief. Sincerely, Anthony Gutierrez, Trustee City Council 18 - 14 2/3/2026 .,at. ORANGE COUNTY'S CREDIT UNION RECEIVED 13Y - Acct : 0092687169 Teller: 1457 Date: 11/01/25 Time : 1: 35pm NO.0040365944 --- See receipt for reference Check Number: 00 0040365944 - Purpose : Amount $734 . 00 CITY OF SANTA ANA RE:APPEAL CUP N01982 18-MOD-1 GUTIERREZ TRUST E - ORANGE COUNrY'S CREDIT UNION Acct : 00926871.69 Teller: 1457 Date: 11/01/25 Time: 1 : 35pm NO,0040365944 - See receipt for reference -- --------T-------------------------------------------------------- Check Number: 00 0040365944 Purpose - Amount : $734 . 00 CITY OF SANTA ANA RE:APPEAL CUP NO1982 18-MOD-1 GUTIERREZ TRUST Cashier's Check Withdrawal Disclosure If your cashier's check is lost,stolen or destroyed,It cannot be replaced until we have received a Declaration CU SCHICE CENTCR5. of Loss&Claim for reimbursement and ninety days have passed following the date of the check ��1 a '� y +le a dj o x rangeCounws Credit UMDn CASHIER'S CHECK -8198 3222 yk NO.0040365944 f DATE xAs$g3 ?s rs �M 11/0.1/25 AY OFF7w $ 3 AMOUNT 0 zara zero Dolt VOID W DAYS AFTER DATE OF ISSUE TO THE CITY OF SANTA ANA ORDER RE:APPEAL CUP .NO1982 OF -MOD-1 GUTIERREZ GUTIERREZ TRUST SVP/C O Two 81GNA Rr;4IJIRED FOR AMOUNTS IN Xi SS OF$10,000, Cityrl-QBt4©13659441i' 1: 3 2 2 28 &9891.87dbkdFP 2/3/2026 E APPELLANT DECLARATION AND STATEMENT OF GOOD FAITH The information, statements, and materials provided In support of this Appeal have been submitted in good faith and to the best of our knowledge, based upon the limited records, disclosures, and documents made available for public review prior to and during the appeal period. The appellant has relied on information accessible through the City's public process, the project materials provided for review, and direct firsthand observations of conditions impacting the adjacent R-1 Trust Property. i i This Appeal is submitted forthe betterment of the community, to uphold fair and lawful review processes, and to preserve the rights, protections, and residential interests afforded to the adjacent R-1 property and its occupants. The intent of this Appeal is not to disparage or negatively reflect upon any person, agency, or institution, but to ensure that the City's land- I use decisions are made transparently, equitably, and in a manner consistent with established standards of public trust, community welfare, and lawful governance. City Council 18 — 16 2/3/2026 APPEAL STATEMENT CUP No. 1982-18-MOD-1 Forty Martyrs Armenian Church Ari Guiragos Minassi,an School I Submitted to: City of Santa Ana - Planning and Building Agency, Planning Division Submitted by: Anthony Gutierrez, Trustee of the Sally C. Gutierrez Trust On behalf of the Trust, its residents, and beneficiaries: Anthony Gutierrez, Esther G. Prieto, and Edward Gutierrez I I Property Address; 5401 W. Tampion Avenue, Santa Ana, CA 92704 I INTRODUCTION AND RESERVATION OF RIGHTS This Appeal is submitted in opposition to the approval of CUP No. 1982-18-MOD-1, which permitsthe construction of a new two-story,4,846 sq, ft. classroom building and program expansion for the AN Guiragos Minassian Armenian School located at 5311 W. McFadden Avenue. The Trust property at 5401 W. Tampion Avenue is the directly affected R-1 residential parcel that shares a boundary with the institutional property. The residents are senior citizens one of whom is disabled with mobility limitations. The residence has been occupied by the family for over 60 years, predating the institutional growth that has expanded around it. This Appeal includes all grounds available under Santa Ana Municipal Code, CEQA, due process protections, land-use and zoning standards, and any additional relevant authority. The Appellants expressly reserve the right to supplement, amend, expand, or introduce additional evidence, exhibits, objections, or legal arguments at any time prior to or during the appeal hearing, and thereafter if the matter proceeds to further administrative or judicial review. No statement herein shall be construed as a waiver of any right, argument, or protection. 1 City Council 18 — 17 2/3/2026 ' INTRODUCTION f E This Appeal is submitted to formally challenge the approval of Conditional Use Permit e Modification CUP No. 1982-18-MOD-1 granted to Forty Martyrs Armenian Church / Ari Guiragos Minassian School on October 27, 2025. The proposed two-story, 4,846 sq. ft. classroom building—representing a programmatic expansion from K-6 to K-8—was approved under a Class 14 CEQA Categorical Exemption, despite substantial evidence that the exemption is inapplicable, improperly applied, and prejudicially dismissive of the rights of the adjacent R-1 single-family residential property directly and uniquely affected by the project. The Sally C. Gutierrez Trust property at 5401 W. Tampion Avenue is not only the closest residence to the project site—it is the sole R-1 property that directly abuts and shares borders with the institutional campus, creating a uniquely severe impact not experienced by any other household. Long-term residents include senior citizens, one of whom is ADA- covered with mobility limitations, and who rely on the quiet use and enjoyment of their home as protected by residential zoning standards. The approval of this CUP modification, without addressing the direct and compounding impacts to this residence, represents a breakdown in procedural fairness, environmental review integrity, and R-1 residential protections. This Appeal seeks correction, proper review, and the restoration of lawful due process owed to the affected residents. RESERVATION OF RIGHTS, PRESERVATION OF OBJECTIONS &„CONTESTATION OF RECORD The Appellants hereby fully reserve all rights and formally contest the entirety of the project record, staff findings, hearing testimony, exhibits, data, and conclusions relied upon in granting this approval. The Appellants state as follows: 1. No portion of the administrative record is accepted as accurate, complete, or reliable unless expressly stated by the Appellants. 2. All verbal statements, written assertions, slides, exhibits, data, and environmental representations made by the Applicant, City staff, or consultants are contested, disputed, and preserved for challenge. 3. The Appellants assert insufficient time, access, and transparency in the review of project documents and therefore reserve the right to supplement this Appeal as additional information becomes available, including upon receipt of an official transcript or certified record. 4. The Appellants explicitly preserve the right to raise any and all CEQA, land-use, zoning, procedural, ADA, due-process, and equal-protection arguments in future - administrative or judicial proceedings. This Reservation of Rights is intentionally placed at the beginning of this Appeal and will be included again at the end of the final section, in full, to ensure double-layer legal preservation and to prevent any waiver, forfeiture, or procedural default of arguments not fully known at the time of filing. 2 City Council 18 — 18 2/3/2026 3 - 3 SECTION 1. DUE PROCESS DEFICIENCIES The following procedural deficiencies materially limited the ability of affected residents to participate meaningfully in the public review and hearing process, resulting in an incomplete and imbalanced record prior to approval. 1.1 Notice Irre ularitie The Public Hearing Notice was addressed to "Occupant" rather than to the registered property owners of the Trust residence most directly affected by the proposal. In addition, the Notice referenced CUP No. 2025-21 on the mailing envelope, while the enclosed document referenced CUP No, 1982-18-MOD-1. These inconsistencies reasonably contributed to the likelihood of the Notice being disregarded as unsolicited or unrelated mail. Asa result, affected residents were not properly or clearly informed of the nature of the proposal, the applicable CUP under review, or the potential impacts, thereby undermining a foundational step in due process. 1.2 Limited Access Time for Public Review The public was afforded only 72 hours to access, review, and interpret the project materials prior to the hearing. This timeframe was unreasonable given the volume, complexity, and technical nature of the documents, including architectural plans, studies, and staff reports. The compressed review period materially limited the ability of affected residents to understand the proposal, assess potential impacts, consult subject-matter experts if needed, and prepare informed comments for the hearing. 1.3 Unsolicited PurchaseOfferto the Only_R-1 ResidenceSharing a Direct BoundaLy with the Applicant's Institutional Property Prior to any public notice being issued to the Trust regarding the pending CUP modification, the Applicant delivered a legally presented, all-cash Purchase Offer to acquire the only R-1 I'k - residencesh aring a direct property boundary with the Applicants institutional property. The offer was made through a California Residential Purchase Agreement and Joint Escrow Instructions, dated May 12, 2025, and included the following terms: f k All-cash offer • 21-day or sooner closing • No appraisal or loan contingencies Flexible timing to accommodate the family's needs This offer was directed toward the only directly adjacent R-1 residence that would be uniquely and materially affected by the proposed CUP modification, including impacts to residential quiet enjoyment, land-use stability, and increasing institutional encroachment into a single- family zone. i The timing of this offer -- made prior to the Trust receiving any public notice regarding the pending CUP modification — is notable given the City's documented record of the Trust's ! participation in R-1 zoning matters affecting this residence, including public comment on CUP No. 2024-12 for the adjacent institutional property at 5321 W. McFadden Avenue. 1 1 3 City Council 18 — 19 2/3/2026 1 This information Is provided solely to ensure full transparency within the public record and to 1 preserve the integrity of fair process considerations. 1.4 Complexity of Materials and Burden Shift to the Public i The project documents required a sophisticated level of industry-specific knowledge to I interpret key implications, including occupancy tables embedded within reports, architectural notes contradicting statements made during the public hearing, and site-plan provisions not evident without technical analysis. Critical information necessary to understand project impact was not clearly presented at the hearing and instead required residents to decipher technical documentation independently. This shifted the burden of disclosure from the governing agency to the public, contrary to fair process expectations. f f 1..5 Mischaracterization of the Trust Property's Proximity and Impact The Trust residence was not accurately characterized during the hearing, creating an incomplete understanding of direct impacts. The property is immediately adjacent to the applicant's playground and athletic field, sharing a full property boundary, and is directly affected by operational activity from multiple institutional properties. Failure to accurately represent this proximity minimized the perceived impact on the most affected residence. 1.6 Omission of Multi-Institutional Corridor Context The hearing did not acknowledge that the applicant's property is part of a contiguous institutional corridor including 5305, 5311, 5315, and 5321 W. McFadden Avenue. These properties collectively share pathways, emergency access, parking usage, and event activity that directly affect the Trust residence. The omission of this multi-institutional context prevented decision-makers from understanding the full scale of environmental and operational Impacts. 1.7 Lack of Existing..Classroom and Enrollment Baseline Data No evidence was provided regarding the number of existing classrooms, current enrollment verification, instructional capacity, or projected growth to justify the need for expansion. The applicant's stated enrollment of 180 students, with a cap of 195, was neither substantiated nor conditioned, and no analysis was provided to demonstrate that existing facilities were insufficient for current operations. Without baseline data, the project's necessity and scale could not be properly evaluated. 1.8 Inadequate Consideration of Land-Use Changes The project involves converting a portion of the existing sports field into multi-use parking to meet parking requirements. This land-use change was not meaningfully discussed during the hearing and was not presented as an environmental or operational impact for consideration. The change affects the Trust residence due to its immediate proximity to the field and introduces increased vehicle activity and associated impacts that were not disclosed or examined. 1.9 Omission of Dual-Use Impacts on Adjacent Residential Property 4 City Council 18 — 20 2/3/2026 3 E The introduction of a dual-use field/parking area adjacent to the Trust residence intensifles the property's exposure to noise, vehicle traffic, lighting, and increased activity beyond traditional school-day use. These impacts were not raised or considered during the hearing, leaving decision-makers without critical information relevant to residential quality-of-life im pacts. 1.10 Failure to Include Enrollment Growth Enforcement Measures Although the project was described as enabling only a modest enrollment increase from 180 to 195 students, no enforceable conditions of approval were included to ensure adherence to the stated limit. The lack of enforceable constraints raises reasonable concern that enrollment could expand beyond the stated cap, increasing intensity without corresponding mitigation. 1.11 Failure to Disclose Commercial Event Use Within the Corridor The applicant and staff did not disclose that portions of the institutional corridor include regular commercial event activity, including ticketed events, public performances, and monetized parking. This omission presented an incomplete picture of existing land use conditions and masked the cumulative operational intensity affecting adjacent residential property. 1.12 Limited Public Participation at the Hearing The Trust was the only member of the public who submitted opposition and appeared at the hearing (via Zoom) to provide comment. It was not evident whether any other residents were present in chambers. The limited participation may reasonably be linked to Notice irregularities and confusion, which contributed to a diminished public record. 1.13 Imbalanced Hearing Structure and Limited Opposition Time, The structure of the hearing provided 15 minutes for the applicant's presentation, only 3 minutes for public comment per speaker, and 5 minutes for the applicant to respond to any opposition. This imbalance constrained the ability of affected residents to present a full and informed response, particularly given the complexity of the project and inadequacy of the 72- hour review window. 1.14 Reasonable Perception of Predetermined Outcome The Public Hearing Notice stated that a CEQA Class 14 Categorical Exemption "will be filed" for the project, creating a reasonable perception that the exemption—and thus the approval— was predetermined prior to public input. During the hearing, Commissioners' questions appeared to support the applicant's narrative rather than explore or weigh concerns raised by the Trust. Collectively, these factors contributed to a reasonable perception that the outcome may have been pre-decided, limiting the fairness and integrity of the process. Taken together, the procedural deficiencies described above materially impaired the fairness and integrity of the public review process. The manner in which notice was provided, information was disclosed, participation was facilitated, and the record was formed resulted in decision-makers relying on an incomplete and imbalanced set of facts. These deficiencies, on their own, justify vacating and remanding the approval to restore due process. In addition 5 City Council 18 — 21 2/3/2026 I r i to these process-related failures, the City's reliance on a CEQA Class 14 exemption raises separate and substantive concerns that further undermine the validity of the approval, as outlined in the next section. i 6 City Council 18 — 22 2/3/2026 i i i i SECTION 2. CEQA MISAPPLICATION AND CLASS 14 EXEMPTION INAPPLICABILITY - 2.1 CDE-Listed School Closure Status Conflicts with Class 14 Eligibility The California Department of Education (CDE) Directory lists Ar€ Guiragos Minassian Armenian — the private school operating at 5311 W. McFadden Avenue — with a school status of "Closed," showing a Closure Date of June 30, 2025 and a last update reported on July 23, 2025. As of the date of the October 27, 2025 Planning Commission hearing, the school remained listed as "Closed" in the CDE Directory. The CDE Directory includes a published disclaimer stating that information for private schools is self-reported by the school or its governing entity, and that the CDE does not verify, audit, or ensure the accuracy of such information. However, the publicly reported status of the school as "Closed" in the CDE Directory at the time the City relied on a Class 14 exemption raises a direct conflict with the threshold eligibility requirement that a Class 14 exemption may only be used for minor additions to existing schools. Reliance on a Class 14 Categorical Exemption for a school site that was publicly reported as "Closed" at the time of project consideration introduces material uncertainty as to whether the site qualified as an "existing school" for CEQA exemption purposes. Given the CDE's role as the statewide authority maintaining school status records, the discrepancy between the publicly reported closed status and the City's application of a Class 14 exemption warrants clarification and further evaluation before such an exemption may be relied upon. 2.2 Misclassification of Instructional vs. Non-Instructional Space Used to Support CEQA Class 14 Eligibility The baseline used to support the CEQA Class 14 exemption did not distinguish between instructional classroom space and non-instructional event venue space, resulting in an inaccurate representation of the project's scale, use, and associated impacts. The justification for the exemption referenced the total building square footage of approximately 14,000 square feet as "school space," without providing a breakdown of instructional versus non- instructional areas, or establishing the number of existing classrooms or instructional seat capacity. CEQA's Class 14 exemption is intended for minor additions to schools based on educational instructional use, rather than general building size or multi-use space. A portion of the space within the institutional corridor operates as a public-facing event venue not dedicated to instructional use. The facility located at 5315 W. McFadden Avenue is regularly used for large-scale events, community functions, performances, and ticketed gatherings, with public advertising and event ticketing available. This venue, known as Gugas€an Hall, offers box office hours, VIP parking, and ticketed admission for performances and social events, demonstrating a commercial event function separate from school-day educational activity. As such, the square footage of this venue is not appropriately classified as instructional school space in the context of CEQA eligibility. Despite the presence of this non-instructional event use, total building size was referenced in support of a "minor" school expansion, without identifying how much space is dedicated to classroom instruction. No evidence was provided to show how the current or proposed space aligns with actual classroom requirements, educational programming needs, or instructional capacity. Framing the expansion as"minor" based solely on total square footage, rather than 7 City Council 18 — 23 2/3/2026 instructional need or classroom count, materially misstates the property's educational baseline. Without a clear breakdown of classroom, instructional, and non-instructional functions, the project's alignment with CEQA Class 14 cannot be accurately assessed. A valid determination requires understanding how much of the existing and proposed space is educational in nature, and whether the addition constitutes a minor increase in instructional capacity. The record did not provide this necessary distinction. As presented, the basis for relying on a CEQA Class 14 exemption is materially compromised and cannot be relied upon for approval. 2.3 Unexamined Cumulative Impacts,_Parking Demand,, and Event-Based Use Disqualifying CEQA Class 14 Exemption In addition to the misclassification of space, the CEQA Class 14 exemption did not account for cumulative use, parking demand, or non-school event activity across the multi-institutional corridor. The project was represented as a minor expansion of school use, however, the intensity of activity, traffic, and parking demand in this corridor extends beyond school hours and includes evening, weekend, and commercial event functions. CEQA requires that determinations consider the full scope of operational impacts, including cumulative effects, yet this analysis did not occur. Parking was characterized as adequate based on shared institutional lots, without acknowledging that these lots serve public ticketed events and are monetized for non-school use, including VIP and valet parking. Event venue use typically triggers higher parking requirements than school instructional use, due to visitor volume, peak-time overlaps, and nighttime operations. The project materials did not disclose or evaluate how event parking, school operations, and proposed expansion would interact, nor did they consider the resulting - impact on nearby residential properties. The stated purpose of the expansion was to accommodate two additional grade levels, with enrollment increasing from 180 to a maximum of 195 students. However, no enrollment data, growth projections, or instructional capacity analysis was provided to substantiate the need for expansion. Further, no conditions of approval or enforcement measures were included to ensure that the 195-student limit would remain in place. The absence of an enforceable cap, combined with additional multi-use space, creates a potential for increased intensity beyond what was represented at the hearing. The multi-institutional corridor comprised of 5305, 5311, 5315, and 5321 W. McFadden Avenue reflects cumulative activity levels not limited to a single school campus. Event use, school programs, extracurricular activities, community gatherings, and church-affiliated functions collectively produce traffic, noise, and parking demand affecting adjacent residential properties. These cumulative impacts were not evaluated prior to asserting CEQA exemption eligibility. As presented, the basis for relying on a CEQA Class 14 exemption is materially compromised and cannot be relied upon for approval. 2. CEQA—Class 14 Exemption Inapplicable Due to Senior and ADA-Protected Residents at a Dual-Institutional Boundary 8 City Council 18 — 24 2/3/2026 The proposed use of a CEQA Class 14 Categorical Exemption does not align with the conditions present at this location, due to the unique circumstance of senior and ADA-affected residents living on an R-1 property that shares a direct boundary with the Applicant's institutional school property, as well as a second, separate institutional property. This creates a dual-institutional adjacency that results in an elevated level of environmental and sensory exposure not typical of single-family residential zoning. t Class 14 (§15314) is limited to minor physical additions to existing school facilities and is not intended to cover projects that involve programmatic expansion or changes in operational intensity. The expansion from K-6 to K-8 introduces additional grade levels and associated changes to daily campus activity, outdoor use, traffic patterns, noise levels, and after-hours or evening functions along a shared residential boundary. These conditions reflect new or intensified impacts, rather than a continuation of existing baseline operations. CEQA Guidelines §15300.2 identifies conditions under which categorical exemptions do not apply, including circumstances where a project may involve unusual conditions or cumulative impacts. The configuration of two separate institutional uses directly abutting the only immediately impacted residence is not a typical adjacency for an R-1 parcel and results in continuous sensory exposure—including noise, lighting, movement, and privacy intrusion— that exceeds what is reasonably expected for a single-family home. The affected residents include elderly and disability-protected individuals, whose health, daily living, and sensory tolerance thresholds differ from the general population. Exposure to increased noise, activity, lighting spillover, and traffic circulation may create disproportionate and adverse effects on individuals with medical vulnerabilities, limited mobility, or disability- - related sensitivity to environmental disruptions. In addition to CEQA considerations, the location involves residents protected under the ADA, the Fair Housing Act, Section 504, and California Government Code §11135, which collectively recognize age and disability as protected classes. Land-use decisions that result in increased burdens, disturbances, or diminished quiet enjoyment for such protected populations carry heightened sensitivity and implications for equitable access, stability, and full enjoyment of one's home. The combination of (1) a programmatic expansion with intensified operational impacts, (2) dual institutional boundary adjacency, and (3) the presence of senior and disability-protected residents creates a set of conditions that do not fall within the narrow intent or applicability of the Class 14 exemption. In summary, the City's reliance on a CEQA Class 14 exemption was misstated, unsupported, and materially inconsistent with CEQA requirements and exclusionary conditions. Based on the deficiencies outlined above, the City's reliance on a CEQA Class 14 Categorical Exemption was not supported by an accurate assessment of the project's nature, scope, baseline conditions, operational intensity, or cumulative environmental effects. The exemption was applied without consideration of programmatic expansion, dual-institutional boundary impacts, multi-parcel cumulative activity, or the presence of senior and disability- protected residents whose exposure to environmental and sensory impacts constitutes an unusual circumstance under CEQA. These substantive omissions prevented a lawful CEQA determination and resulted In an approval unsupported by the necessary factual and regulatory foundation. 9 City Council 18 — 25 2/3/2026 I - E - E Independent of the due process deficiencies, the CEQA misapplication described herein constitutes a separate and sufficient basis for invalidating the City's determination. The approval cannot stand on the current record, as the exemption was applied beyond the narrow parameters intended for Class 14, and without the analysis required when exclusionary conditions are present. For these reasons, the City's CEQA determination requires the approval to be vacated and remanded, so that a proper and lawful environmental review may be conducted before any further action is taken. so City Council 18 — 26 2/3/2026 I I E , SECTION 3. MULTI-INSTITUTIONAL CORRIDOR CONDITIONS AND IMPACTS The applicant's property exists within a concentrated sequence of Conditional Use Permit (CUP)-authorized institutional sites that collectively create an intensified institutional corridor along this portion of W. McFadden Avenue. This corridor produces cumulative operational, environmental, and sensory impacts that materially affectthe adjacent R-1 residence at 5401 W. Tampion Avenue (the Trust Property). These conditions were not disclosed, discussed, or evaluated during the public hearing, resulting in a materially incomplete record and an inaccurate understanding of both direct and cumulative impacts on the most affected residential property. 3.1 Formation of_a_ Multi-Institutional Corridor The properties located at 5305, 5311, 5315, and 5321 W. McFadden Avenue function in coordinated or overlapping capacities, forming a continuous institutional corridor directly behind the Trust Property. These properties share operational linkages, pedestrian pathways, emergency access, parking accommodations, and public-facing activities that collectively create an institutional environment beyond that of a typical single-school adjacency. At 5305 W. McFadden Avenue, a designated pedestrian pathway channels student and user movement toward adjacent institutional parcels. Public-facing materials and operational communications reference association among the 5305, 5311, and 5315 properties, including shared parking and coordinated student drop-off and pick-up arrangements. These linkages reflect functional integration across parcels rather than independent institutional operations. In addition, 5311 and 5315 W. McFadden Avenue are connected through a recorded easement for shared Emergency Access, establishing a dedicated access lane that runs directly alongside the easternmost boundary of the Trust Property. This creates a continuous institutional Interface along that boundary, with access and utility functions assigned for institutional use rather than residential separation or buffering. 3.2 Continuous Institutional Interface Along a Single Residential Boundaa The combined effect of these operational linkages is a compound, corridor-based institutional condition. . The Trust Property experiences the presence and influence of multiple interconnected institutional sites acting in a layered sequence, rather than a single school neighbor. Daily circulation, parking functions, activity flow, campus programming, and institutional rhythms occur across several properties, generating cumulative and continuous institutional effects along a single-family residential boundary. The result is an institutional intensification of land use directly abutting a single residential parcel, producing environmental and operational effects far exceeding what would reasonably be expected within an R-1 zoned neighborhood. 3.3 Cumulative Land-Use Noise Activity, and parking Impacts on the Trust Residence This multi-institutional configuration produces cumulative impacts affecting the Trust residence, including: • Increased pedestrian and vehicle circulation 11 City Council 18 — 27 2/3/2026 f • Parking overflow, redirection, and traffic along residential access points Noise, crowd activity, and amplified sound associated with school and non-school functions Expanded evening and weekend activity due to event-based use • Heightened sensory exposure (noise, movement, lighting, visibility into the residence) Notably, the introduction of dual-use field/parking at the applicant's site increases the intensity of after-hours activity directly adjacent to the Trust residence, further compounding cumulative effects across the corridor. These cumulative impacts were not acknowledged or evaluated at any stage of the review process. Instead, the project was assessed as though it existed in isolation, contrary to factual conditions. 4.4 Corridor-Level Activity Extends„Beyond School-Day_Use The institutional corridor is not limited to K-8 school operations. It supports: • Public ticketed events • Church-affiliated gatherings • Community functions • Weekend and evening programming • Monetized parking, including VIP and valet for events (as publicly advertised) These uses produce a level of intensity exceeding what CEQA Class 14 contemplates For "minor additions to schools," which assumes a traditional single-campus academic use and impacts based on school-day operations. 5.5 Misalignment with CEQA Class 14 and Exclusionary Conditions Under CEQA, Class 14 exemptions apply only to minor physical additions to existing schools provided conditions do not trigger exclusions. This multi-institutional corridor represents an unusual circumstance and cumulative impact condition beyond the scope of Class 14. The existence of • Multiple CUP-approved institutional uses operating in coordination, • An emergency access lane along the residential boundary, and • Continuous, multi-parcel institutional activity affecting a single R-1 residence creates a cumulative and atypical land-use condition not contemplated under the narrow, single-site context envisioned for Class 14. The presence of a multi-institutional corridor behind the Trust residence establishes a materially different land-use environment than that of a single school adjacency. The cumulative and continuous institutional presence, operations, and impacts along a single- family residential boundary create unusual circumstances and intensify effects well beyond what is permitted or contemplated under R-1 zoning protections. The failure to disclose, analyze, or consider these corridor-level conditions prevented a full understanding of project impacts and contributed to an incomplete and inaccurate basis for approval. a.z City Council 18 — 28 2/3/2026 SECTIO N 4 — IMPROPER USE OF CUP MODIFICATION PROCES S CUP No 1982-18-MOD-1) The City's decision to process the application as a modification to an existing Conditional Use Permit, rather than as a new CUP, materially altered the level of required review, public transparency, and environmental analysis. The nature and scope of the proposed changes involve a substantive expansion of use and operational intensity that could not reasonably be considered a minor modification under the framework of CUP No. 1982-18. The use of the modification pathway was not appropriate and resulted in an approval based on a reduced standard of review. 4.1 CUP Modification Was Improper Given the Substantial Change in Use The original CUP (1982-18) was established more than four decades ago under materially different operational conditions and does not reflect the current nature, scale, intensity, or _ configuration of institutional activity along this portion of W. McFadden Avenue. The application seeks to convert the school program from K-6 to K-8, representing a substantive change in the nature and scope of instruction, student population, daily operations, and environmental impact on adjacent residential property. A programmatic expansion that introduces new grade levels, increases school-day hours and curricular milestones, elevates student age ranges and activity types, and alters school- related traffic and noise patterns cannot reasonably be classified as a minor modification to an outdated CUP. The proposed changes reflect a new use condition that requires re- evaluation under a new CUP rather than an amendment to a decades-old entitlement. 4.2 Material Increase in Operational Intensity Requiring New CUP Review The proposed project introduces operational intensification that extends beyond the scope of the original CUP, including; • Increased student population and expansion of programming from K-6 to K--8 • Addition of classrooms and a laboratory facility • Conversion of recreational field space to multi-use parking • Increased after-hours activity, traffic, and community use • Cumulative corridor-level impacts arising from coordinated institutional operations These changes materially alter the intensity, duration, and character of land-use activity on the site, creating new environmental and residential impacts that require a full and current CUP review. A modification process is inappropriate where the project results in heightened impacts to adjacent R-1 property and increases demand on public and private infrastructure. 4.3 Modification Pathway Circumvented Appropriate Level of Review and Public Safeguards By processing the application as a CUP Modification rather than a new CUP, the City applied a lower review threshold, resulting in: • Reduced disclosure obligations • A narrower scope of analysis • Limited ability for public participation 13 City Council 18 — 29 2/3/2026 I • No updated compatibility assessment with adjacent R-1 zoning • No requirement to evaluate alternative configurations or mitigations This procedural choice deprived the public and decision-makers of the full evaluative process ordinarily required for a change of this magnitude, including impacts associated with traffic, noise, parking, land use, and cumulative corridor activity. 4.4 Lack of Updated Impact Analysis Underscores Inappropriateness of Mod ification No updated traffic assessment, noise evaluation, or residential compatibility study was provided to account for the change from K-6 to K-8 or for the introduction of new programmatic functions and dual-use field/parking. The absence of updated analysis is directly linked to the City's choice to process the application as a modification instead of requiring a new CUP, thereby bypassing the protections and scrutiny that a new CUP process would mandate. The decision to process the application as a modification to CUP No. 1982-18 rather than as a new CUP was inappropriate given the substantive change in use, significant intensification of operations, and expanded impacts to adjacent R-1 residential property. This procedural misstep materially reduced the level of required analysis, constrained public participation, and limited the scope of review necessary to evaluate the project's appropriateness and impacts. This improper use of the CUP modification process constitutes an independent and sufficient basis to vacate and remand the approval so that the project may undergo the proper review required for a new CUP. 14 City Council 18 — 30 2/3/2026 i i SECTION 5 — R-1 RESIDENTIAL PROTECTION & LAND-USE COMPATIBILITY VIOLATIONS The project, as approved, is incompatible with the established protections afforded to R-1 zoned properties under the Santa Ana Municipal Code and conflicts with adopted General Plan land-use policies intended to safeguard residential neighborhoods from intrusion by intensifled institutional uses. The Trust residence at 5401 W. Tampion Avenue is entitled to the protections, quiet enjoyment, and stability associated with R-1 single-family residential zoning. The project approval did not acknowledge or uphold these protections and resulted in a land-use outcome contrary to governing standards. 5.1 Conflict with R-1. Zoning Intent and Residential Character Protections R-1 zoning is expressly intended to preserve low-density, single-family residential living environments, providing families and residents with stability, quiet enjoyment, and a reasonable expectation of protection from incompatible or intensified adjacent uses. The introduction of expanded institutional operations — including increased student population, new grade levels (K-6 to K-8), expanded hours of use, intensified traffic, dual-use field/parking, and increased evening activity — represents a material intrusion into the residential character and quiet-use expectations guaranteed under R-1 zoning. The immediate adjacency of the expanded institutional use to the Trust residence undermines the core purpose of R-1 zoning and introduces impacts inconsistent with its intended character. These heightened impacts were not mitigated, conditioned, or acknowledged as incompatible with the residential designation. 5.2 Incompatibility with Santa Ana General Plan Residential Land-Use Policies The Santa Ana General Plan establishes residential protection principles designed to ensure that land-use decisions preserve the character, livability, and health of residential neighborhoods. The project approval did not apply or reference these policies when evaluating the appropriateness of expanding institutional activity at the residential interface. Key General Plan compatibility objectives — including minimizing land-use conflicts, preventing Intensification of non-residential uses adjacent to homes, and preserving residential quality of life — were not addressed in the staff analysis or hearing record. The absence of a compatibility evaluation resulted in an approval misaligned with adopted City policy regarding residential protection. 5.3 Intensified Institutional Use Without Required Residential Buffers or Protections - The project introduces increased noise, vehicle activity, lighting spillover, visual exposure, and after-hours use directly along the Trust residence boundary without meaningful buffering, screening, or use restrictions. Standard planning practice would require enhanced setbacks, landscape buffers,fencing, lighting controls, or sound-mitigating measures when intensifying a non-residential use adjacent to R-1 homes. No such protections were included or required. Instead, the expanded institutional use was approved as though such adjacency concerns did not exist, despite the Trust residence sharing a full boundary with the most active portion of the school site. 15 City Council 18 — 31 2/3/2026 5.4 Failure to Assess Residential Compatibility Before Approval No residential compatibility analysis was performed as part of the project review, despite the clear and direct impacts on the immediately abutting R-1 property. The absence of such an assessment disregarded a critical requirement for evaluating whether the expanded use could coexist with — or would materially harm -- the residential living environment. Without a compatibility study, decision-makers lacked the necessary findings to determine whether the project was suitable for approval at this location. This omission also prevented the imposition of conditions that would be typically required to protect nearby homes. The project, as approved, failed to uphold the protections afforded to R-1 residential properties under the Santa Ana Municipal Code and disregarded adopted General Plan policies requiring compatibility between institutional and single-family residential land uses. The intensification of institutional activity at the residential boundary, without appropriate analysis, buffering, or mitigation, resulted in an approval fundamentally inconsistent with R- 1 zoning intent and residential protection standards. This incompatibility constitutes an independent and sufficient basis to vacate and remand the approval for proper evaluation consistent with R-1 residential protections. 16 City Council 18 — 32 2/3/2026 f SECTION 6 — DISABILITY & SENIOR RESIDENT IMPACTS (ADA / EHA / 11135 The Trust residence is occupied by senior and disability-affected individuals whose daily living, health, and sensory tolerances differ from the general population. Land-use decisions affecting such protected residents must be assessed with heightened care to ensure compliance with federal and state civil-rights protections. The project approval did not acknowledge, evaluate, or safeguard the rights of these residents under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), Section 504, or California Government Code §11135, The resulting impacts disproportionately burden protected individuals and undermine their right to full and equal enjoyment of their home. 6.1 Presence of Senior and ,Disability-Affected „Residents Triggered a ,Heightened Duty of Consideration The City was aware, or reasonably should have been aware, that the immediately impacted residence is occupied by senior and disability-affected Individuals — a protected population under federal and state law. Any land-use decision that increases burdens, disrupts stability, or diminishes daily living forsuch residents must be evaluated for potential discriminatory or disparate impacts. No acknowledgment of this protected status, nor any enhanced assessment of impact, was included in the review or approval process. 6.2 Expanded Institutional Activity Creates Disproportionate Sensory and Environmental Impacts The intensification of institutional use -- including increased noise, activity levels, vehicular movement, lighting, and after-hours use — directly heightens environmental and sensory exposure for residents whose age, mobility, medical vulnerabilities, or neurological or sensory sensitivities may be adversely affected. For disability-affected residents, these impacts are not merely inconvenient; they may interfere with health, recovery, stability, daily routines, sleep, rehabilitation, and the basic ability to safely and peacefully occupy one's home. The City did not consider the disproportionate effect of these impacts on protected residents. 6.3 Fallure to Evaluate Fair Housing and Disability.,-Based Impact Under the Fair Housing Act and related civil-rights protections, land-use actions must not result in discriminatory effect, disparate burden, or denial of equal housing enjoyment for individuals based on age or disability. Government Code §11135 further prohibits discrimination in programs or activities funded or administered by the State or its subdivisions. No Fair Housing or ADA-related impact analysis was conducted to determine whether the project would create unequal burdens for the protected residents. This omission disregards mandatory considerations and left decision-makers without critical insight regarding the effect on vulnerable residents. 17 City Council 18 — 33 2/3/2026 6.4...No Reasonable Accommodation or Mitigation Considered When a land-use action disproportionately affects a protected class, public agencies must explore reasonable accommodations or mitigation to avoid discriminatory effect. Examples may include buffers, noise controls, restricted hours, alternative site configuration, or operational limitations. No such accommodations were evaluated, offered, or considered. The project was approved without any measures to reduce or prevent disproportionate harm to the senior and disability- affected residents living at the Trust property. The approval of the project did not account for the presence of senior and disability-affected residents whose rights are protected under the ADA, the Fair Housing Act, Section 504, and California Government Code §11135. The resulting intensification of institutional activity imposes disproportionate adverse impacts on a protected population, without evaluation, accommodation, or mitigation. This failure to consider and safeguard the rights of protected residents constitutes an independent and sufficient basis to vacate and remand the approval so that required disability and fair-housing considerations may be properly addressed 18 City Council 18 — 34 2/3/2026 I E ' SECTION 7 — CONDITIONS OF APPROVAL FAILURES & LACK OF MITIGATION MEASURES The project was approved without adequate conditions of approval, safeguards, operational limits, or monitoring requirements to ensure protection of the adjacent R-1 residence and surrounding neighborhood. Conditions of Approval exist to prevent or minimize foreseeable impacts by imposing enforceable limitations and mitigation measures. The absence of such conditions — particularly in light of expanded institutional use, increased activity, and the presence of protected residents — resulted in an approval lacking the basic protections necessary for compatibility and public welfare. 7.1 No Enforceable Limitations Placed on Enrollment Growth or Operational Expansion Although the applicant stated that enrollment would not exceed 195 students, no enforceable condition was adopted to ensure adherence to this representation. Without a binding enrollment cap, ongoing expansion remains possible without further review, allowing intensity to increase beyond what was presented to the Commission. - The absence of an enrollment limit exposes adjacent residents to unmitigated growth in traffic, noise, parking demand, and daily student activity, and removes a critical safeguard that should have been included as a condition of approval. , 7.2 No Mitigation Measures to Address Noise Lighting_,_Traffic, Privacy_, or After- Hours Use t The project was approved without any conditions requiring noise mitigation, lighting controls, 4 - privacy screening, or time-of-day restrictions, despite the well-documented adjacency to an h R-1 residence and the increase in institutional use. li Reasonable conditions that should have been considered include, but are not limited to: I f Limits on amplified sound and outdoor activity hours • Shielded lighting and directional fixtures to prevent spillover € • Landscape or structural buffering for privacy and noise reduction • Restrictions on evening, weekend, and non-school use adjacent to the residence No such conditions were imposed, leaving the most affected property without basic protections. 7.3 No Monitoring, Reporting., or Review Mechanisms Imposed I { Conditions of Approval typically include periodic review, compliance monitoring, or corrective mechanisms to ensure ongoing adherence. The project approval did not include: - • Annual or periodic compliance review • Mechanisms to address complaints or violations Enforcement provisions or corrective action triggers. r 19 I City Council 18 — 35 2/3/2026 i Without monitoring measures, affected residents lack any recourse if operational impacts exceed what was represented, and the City has no established process for prevention or correction of harm. 7.4 No Conditions Implemented to Address Corridor-Level Impacts Given the cumulative nature of the Institutional corridor and overlapping uses across multiple parcels, conditions of approval should have addressed corridor-wide impacts such as shared parking, circulation, and after-hours institutional use. No conditions were adopted to: • Coordinate institutional activity • Limit corridor-wide events or concurrent high-impact usage • Prevent cumulative impacts on the adjacent R-1 residence The project was approved in isolation, disregarding known cumulative institutional effects. The project was approved without the basic safeguards, limitations, and mitigation measures ordinarily required when intensifying an institutional use adjacent to an R-1 residence. No enforceable conditions were imposed to protect residential quality of life, limit operational expansion, or monitor compliance. The absence of appropriate Conditions of Approval rendered the approval incomplete and inadequate to ensure compatibility, public welfare, or protection of the affected R-1 property. This failure constitutes an independent and sufficient basis to vacate and remand the approval so that appropriate protective conditions and mitigation measures may be evaluated and imposed. 20 City Council 18 — 36 2/3/2026 SECTION 8 — CUMULATIVE IMPACT FAILURE The City failed to evaluate cumulative impacts arising from interconnected institutional uses along the McFadden Avenue corridor, resulting in an incomplete and legally insufficient review that does not meet required standards for land use or environmental consideration. 8.1 Improper Segmentation and Failure to Evaluate the Whole of the Action The review and approval of the project were improperly segmented to focus solely on the applicant's parcel, without accounting for the combined impacts of multiple CUP-authorized institutional uses along the McFadden corridor. Rather than evaluating the "whole of the action," the City reviewed the project in isolation, disregarding the cumulative and overlapping effects created by interconnected operations, shared facilities, and concurrent institutional activity. This segmented approach prevented a full and accurate assessment of the project's true residential and environmental impacts. T 8.2 Multi-Institutional Corridor,Creates Compounded and Continuing Impacts The institutional properties at 5305, 5311, 5315, and 5321 W. McFadden Avenue collectively form a continuous institutional corridor, functioning in coordinated or overlapping capacities. Shared pedestrian pathways, emergency access easements, coordinated or public-facing uses, and active CUP conditions create a sustained institutional presence along the eastern boundary of the R-1 Trust residence. The combined effect is not a single neighboring use, but a corridor-level institutional condition producing amplified daily activity, noise, circulation, and operational influence along a single residential property line. These compounded impacts far exceed what is typical for a single-site school adjacency, and should have triggered cumulative impact evaluation. 8.3 Cumulative Environmental and Operational Burdens on the Adjacent R-1 Residence The Trust residence is uniquely burdened as the only R-1 property directly sharing a boundary with more than one Institutional site. The cumulative effects include increased noise, vehicle and pedestrian circulation, lighting spillover, loss of privacy, activity during school and non- school hours, and continuous institutional presence at the property line. The presence of senior and ADA-protected residents heightens the significance of these impacts, as cumulative environmental exposure has a disproportionate effect on individuals with medical, mobility, or sensory-vulnerability considerations. These layered impacts required integrated review, yet were not acknowledged or assessed. 8.4 Failure to Consider Reasonably Foreseeable Future Institutional Intensification Cumulative impact review also requires consideration of reasonably foreseeable future conditions—not solely existing uses. In this corridor, future intensification is not speculative; it is evidenced by (1) a previously approved CUP for 5321 W. McFadden Avenue that has not yet been constructed or operationalized, (2) programmatic expansion from K-6 to K-8, (3) conversion of a portion of the athletic field to multi-use parking, and (4) ongoing event-based and non-instructional activity, including commercial ticketed events at 5315 W. McFadden Avenue. These known and documented factors demonstrate an active pattern of institutional expansion. Failing to account for this foreseeable progression rendered the cumulative impact evaluation materially incomplete. 21 City Council 18 — 37 2/3/2026 8.S Cumulative Impact Oversight as an Independent Basis to Vacate and Remand By limiting review to the applicant's parcel and present-day operations, the City overlooked compounded and foreseeable institutional impacts that directly affect the adjacent R-1 residence. This omission resulted in a materially deficient review that did not meet required cumulative assessment standards. The failure to evaluate cumulative impacts constitutes an independent and sufficient basis to vacate and remand the approval so that a complete and integrated cumulative impact analysis may be conducted. 22 City Council 18 — 38 2/3/2026 1 I SECTION 9 — FAILURE TO CONSIDER FEASIBLE OR LESS INTRUSIVE ALTERNATIVES The City approved the project without evaluating feasible, less intrusive, or lower-impact alternatives, resulting in an approval that failed to minimize impacts on the adjacent R-1 residence as required under fair land-use planning standards and basic principles of responsible decision-making. 9.1 No Alternatives Presented, Considered, or Analyzed_Prior to Approval The project was advanced and approved based solely on the applicant's preferred design, without presentation, analysis, or discussion of any alternative configurations, program options, or less intrusive pathways to meeteducational needs. The record reflects no evidence that Planning Staff or the Commission requested, evaluated, or considered alternative solutions that could have reduced or avoided impacts to the adjacent R-1 residence. Proceeding with only a single, applicant-selected option falls short of expected due diligence and deprived decision-makers of the ability to weigh options in the interest of residential protection and balanced land-use outcomes. 9.2 Reasonable Alternatives Were Readily Available but Ignored Multiple feasible alternatives existed that would have met educational objectives while reducing impacts on the adjacent residence; however, none were explored. Reasonable options included: • Relocating the proposed building or redesigned parking away from the shared R-1 boundary to reduce noise, circulation, and activity impacts; • Utilizing or reconfiguring existing interior space to add instructional capacity without requiring expansion at the most sensitive edge of the campus; and • Enhancing academic offerings within the existing K-6 program rather than expanding to K-8, thereby meeting programmatic goals without intensifying daily operations or campus density. The absence of any consideration of these alternatives precluded a balanced evaluation of approaches that could have significantly mitigated residential impacts. 9.3 Failure to Consider Alternatives„that Reduce Impacts on R-1 Residence A core purpose of evaluating alternatives is to identify solutions that avoid or reduce harm. Mere, the most directly affected R-1 property was not afforded any consideration in alternative planning. Alternatives that would have lessened adjacency impacts—such as re-orienting building massing, maintaining active-field buffering, or shifting high-impact functions toward interior campus areas--were never presented or discussed. The failure to assess options that would have minimized noise, privacy intrusion, lighting spillover, vehicle circulation, and after- hours activity at the shared boundary represents a significant procedural omission. 9.4 Alternatives Required Where Seniors and ADA-Protected Residents Are Affected Where impacts fall upon senior or disability-protected residents, there exists an elevated obligation to evaluate options that reduce adverse effects. In this case, the only directly- 23 City Council 18 — 39 2/3/2026 i impacted residence includes elderly and ADA-protected individuals, yet no consideration was given to alternatives that could have lessened environmental and sensory burdens on this vulnerable population. Proceeding without exploring protective alternatives disregarded equitable planning principles and failed to account forthe heightened impact of environmental changes on those with age- or disability-related sensitivities. 9.5 Failure to Eva I u ate Alternatives as an Independent Basis to Vacate and Remand The omission of any alternative analysis resulted in an approval based on a single, unexamined option rather than an informed, balanced consideration of feasible pathways. This failure constitutes a material deficiency in the review process and stands as an independent basis to vacate and remand the approval so that reasonable, less intrusive alternatives may be properly evaluated. i 24 City Council 18 —40 2/3/2026 SECTION 10 ---- IMPROPER USE OF CEQA EXEMPTION AS A SUBSTITUTE FOR ENVIRONMENTAL REVIEW The CEQA Class 14 exemption was treated as a conclusive clearance rather than a threshold screening tool, resulting in the bypass of required environmental analysis despite clear conditions warranting further review. 10.1 Exemption Applied as a Determination of No Impact Rather Than a Threshold of Inquiry The Class 14 categorical exemption was used as the basis for project approval rather than as an initial screening mechanism to determine whether environmental review was required. CEQA exemptions are intended to serve as a preliminary threshold of inquiry—not a substitute for analysis—particularly where potential impacts may exist. The City's reliance on the exemption as a definitive conclusion of"no impact" circumvented the foundational purpose of the CEQA process. 10.2 Evidence of Potential Environmental and Operational Impacts Was Present but Not Evaluated Multiple project elements presented clear indicators of potential environmental and operational impacts—including increased noise, circulation and parking changes, lighting spillover, programmatic expansion, proximity to an R-1 residence, the presence of senior and ADA-protected occupants, and cumulative institutional conditions along the McFadden corridor. Despite these red-flag factors, no environmental screening analysis, checklist, or disclosure was conducted or made available to evaluate whether the exemption was appropriate. These impacts required consideration before concluding that CEQA did not apply. 10.3 Staff Framed the Exemption as,Pre-Decided, Undermining.the Purpose of - CEQA Review The Public Hearing Notice stated that the CEQA Class 14 Categorical Exemption "will be filed" for the project. This language reasonably conveyed to the public that the exemption---and therefore the environmental determination--had been decided in advance of public review or input. The wording diminished the credibility of the CEQA process and contributed to the perception that the exemption was a procedural formality, rather than a decision subject to evaluation or public comment. 10.4._Reliance on Exemption Eliminated Public Transparency and Disclosure Obliciations By treating the exemption as a substitute for environmental review, the City avoided the transparency and disclosure obligations that accompany CEQA compliance. No environmental screening documents, impact analysis, or mitigation considerations were provided for public review. As a result, affected residents were denied meaningful access to information regarding project impacts, and the public record lacks the analysis needed to understand or assess environmental consequences. 25 City Council 18 —41 2/3/2026 10.5 Improper Reliance on Exemption as an Independent Basis to Vacate and Remand The exemption was used to bypass environmental inquiry rather than initiate it. The lack of screening, evaluation of potential impacts, or disclosure of environmental considerations resulted in a materially deficient process. The improper reliance on the CEQA Class 14 exemption constitutes an independent and sufficient basis to vacate and remand the approval so that a proper threshold review and environmental evaluation may be conducted. 26 City Council 18 —42 2/3/2026 i I SECTION 11 — PUBLIC INTEREST AND ,EQUITY CONSIDERATIONS i The approval did not advance the public interest nor uphold equitable treatment of affected residents, and instead placed institutional priorities above the protection of residential welfare, vulnerable populations, and fair community planning standards. 11.1 Duty to Protect_Residential Welfare and Quality of Life in R„-1 Zones A core responsibility of local government and land-use decision-making is the protection of residential livability, stability, and quiet enjoyment within R-1 neighborhoods. These protections serve as a foundation of planning policy and uphold the expectation that single- family homes remain shielded from incompatible or intrusive institutional activity. In approving the project without adequate safeguards, the City did not uphold this fundamental duty to preserve the quality of life of the adjacent R-1 residence directly impacted by institutional expansion. 11.2 Disproportionate Burden on a Single R-.1 Residence with.,Senior and ADA- Protected ,Occupants The approval placed the greatest impacts—noise, activity, circulation, lighting, and cumulative institutional presence--on the only directly affected residence, occupied by elderly and ADA- protected individuals. Rather than being afforded heightened consideration and protective measures, the most vulnerable residents experienced the least protection. Public-interest planning requires thoughtful evaluation of burdens on those least able to absorb them; here, the inverse occurred, and the disproportionate burden on a single household was neither acknowledged nor mitigated. 11.3 Unequal Consideration Given to Institutional, Interests Over Residential Rights Throughout the process, greater deference was afforded to institutional objectives than to the rights and protections owed to the adjacent R-1 property. Institutional expansion needs were accepted at face value, while residential impacts were minimized, overlooked, or left unaddressed. The absence of alternative analysis, lack of conditions of approval, and limited opportunity for meaningful participation collectively reflect an imbalance that diminished the weight of residential rights in the decision-making process. 11.4 Public Trust and Community Confidence in.Fair Governance Undermined The combined effect of notice irregularities, limited opportunity for participation, the appearance of predetermined CEQA findings, and the imbalance of time and consideration given at the hearing contributed to a reasonable perception that the process did not reflect open, fair, or impartial consideration. Public confidence in land-use decisions relies not only on legal compliance, but on the integrity, transparency, and fairness of the process. The circumstances surrounding this approval undermined those expectations and eroded trust in equitable governance. 27 City Council 18 —43 2/3/2026 E! E! I 11.5 Alignment with Public Interest Requires Vacating and Remanding for Pair Reconsideration f To restore public trust, uphold equitable treatment of affected residents, and ensure that _ planning decisions reflect balanced community-first principles, the approval must be vacated and remanded for reconsideration through a process that meaningfully evaluates residential protections, vulnerable-resident impacts, and the public good. Doing so aligns the decision with the broader public interest and reaffirms the City's commitment to fair and responsible community planning. 28 City Council 18 —44 2/3/2026 12. CONCLUSION & REQUESTED ACTIONS The approval of CUP No. 1982-18-MOD-1 was reached through a process that did not meet - the standards of lawful review, public transparency, equitable treatment, or residential protection, and therefore must be vacated and remanded for proper reconsideration. 12.1 Vacate the Approval of CUP No. 1982-18-MOD-1 Given the due process deficiencies, misapplication of CEQA, failure to evaluate cumulative impacts, lack of alternatives analysis, and inequitable treatment of the most affected R-1 residence, the approval cannot stand as issued. The first and necessary step is to vacate the Planning Commission's approval. 12.2 Remand for Proper and Lawful„Reconsideration The matter should be remanded for a full and lawful review process that corrects procedural, analytical, and equity-based deficiencies, ensures transparency, and provides a fair opportunity for public participation and informed decision-making. 12.3 Require Appropriate Environmental Review Prior to Any Reconsideration Any reconsideration of the project must include appropriate CEQA-level environmental review—at minimum, an Initial Study—that: • evaluates reasonably foreseeable environmental and operational impacts, • discloses findings to the public, and • identifies mitigation measures where required. This environmental review must expressly address; cumulative institutional corridor impacts, - . ADA and senior-resident impacts, land-use conversion and operational intensity changes, and • a full alternatives analysis. 12.4 Applicant and City Must Bear the Burden of Demonstrating Compatibility Any future consideration of expansion must begin with the presumption that the Applicant and City—not the affected residents—bear the burden of demonstrating that the project Is compatible with R-1 zoning, protects the adjacent residence, and does not adversely impact vulnerable senior and ADA-protected occupants. Compatibility must be proven through evidence, not assumed or asserted. 12_.5 If Compatibility Cannot Be Demonstrated, the Appropriate Outcome Is Denial of Expansion at This Location Should the City be unable to demonstrate that any revised project can meet the requirements above, protect the adjacent R-1 residence, and uphold residential welfare, equity, and public interest, then the appropriate outcome is denial of expansion at this location. 29 City Council 18 —45 2/3/2026 i _ RESERVATION OF RIGHTS PRESERVATION OF OBJECTIONS & CONTESTATION OF RECORD The Appellants hereby fully reserve all rights and formally contest the entirety of the project record, staff findings, hearing testimony, exhibits, data, and conclusions relied upon in granting this approval. The Appellants state as follows: 1. No portion of the administrative record is accepted as accurate, complete, or reliable unless expressly stated by the Appellants. 2. All verbal statements, written assertions, slides, exhibits, data, and environmental representations made by the Applicant, City staff, or consultants are contested, disputed, and preserved for challenge. { 3, The Appellants assert insufficient time, access, and transparency in the review of j project documents and therefore reserve the right to supplement this Appeal as additional information becomes available, including upon receipt of an official transcript or certified record. 4. The Appellants explicitly preserve the right to raise any and all CEQA, land-use, zoning, procedural, ADA, due-process, and equal-protection arguments in future administrative or judicial proceedings. 3 This Reservation of Rights is intentionally placed at the beginning of this Appeal and again i - at the end of the final section, in full, to ensure double-layer legal preservation and to prevent any waiver, forfeiture, or procedural default of arguments not fully known at the time of filing, i i i i I I - I _ I m I - I _ 30 City Council 18 —46 2/3/2026 RESOLUTION NO. 2026-xx 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) 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 conducts 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: Resolution No. 2026-xx City Council 18 — 47 M/2d f6 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; Vill. 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 to 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 City Council conducted a duly noticed public hearing on Appeal Application No. 2025-02; Resolution No. 2026-xx City Council 18 — 48 6 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 conditions 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 Commission's decision was not made in error, that the Planning Commission's decision was 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 increase 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 approval 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 mandamus, and other and proceedings (whether legal, equitable, Resolution No. 2026-xx City Council 18 — 49 6 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, 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 hereby denies 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 Appeal Application No. 2025-02 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 6 By: - Melissa M. Crosthwaite Senior Assistant City Attorney Resolution No. 2026-xx City Council 18 — 50 M 72d f6 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 12026. Date: City Clerk Resolution No. 2026-xx City Council 18 — 51 6 Resolution No. 2026-xx City Council 18 — 52 M Y2b f6 Planning and Building Agency Exhibit 3 - Planning Commission Staff Report and Exhibit a - a - City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report October 27, 2025 Topic: CUP No. 1982-18-MOD-1 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 1982-18-MOD-1, as conditioned. EXECUTIVE SUMMARY 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 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. 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 Applicant's request due to the facility's location, proposed operations, and compatibility with surrounding land uses. DISCUSSION Project Description The 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. City Council 18 — 53 2/3/2026 CUP No. 1982-18-MOD-1 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) October 27, 2025 Page 2 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. 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 s . 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 Project'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 City Council 18 — 54 2/3/2026 CUP No. 1982-18-MOD-1 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) October 27, 2025 Page 3 Standards Required by SAMC Provided Minimum 10 Feet Rear Complies; Over 200 Feet Parking Church: 1 space per every 3 88 parking spaces provided.AB fixed seats plus one space per 2097, effective on January 1, 50 sq. ft. of floor area without 2023, restricts local governments fixed seats from imposing parking regulations School: 1.5 spaces per 150 sq. on commercial and residential ft. of classroom floor area and 1 projects that are located within 0.5 space/office floor area miles of a major transit station. The project and site are eligible 110 total spaces required 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 ten 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. City Council 18 — 55 2/3/2026 CUP No. 1982-18-MOD-1 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) October 27, 2025 Page 4 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 City Council 18 — 56 2/3/2026 CUP No. 1982-18-MOD-1 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) October 27, 2025 Page 5 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. 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. City Council 18 — 57 2/3/2026 CUP No. 1982-18-MOD-1 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) October 27, 2025 Page 6 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 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 City Council 18 — 58 2/3/2026 CUP No. 1982-18-MOD-1 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) October 27, 2025 Page 7 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 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. City Council 18 — 59 2/3/2026 CUP No. 1982-18-MOD-1 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) October 27, 2025 Page 8 Public Notification Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-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 City Council 18 — 60 2/3/2026 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 Municipal 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 kindergarten 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 of 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); Resolution Na 2025-XX City Council 18 — 61 Pa&3/ 6 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 existing 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 school 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 neighborhood 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 proposed expansion is modest in Resolution Na 2025-XX City Council 18 — 62 Pa&3/ 6 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, including building height, setbacks, and site access requirements. Although the site provides 88 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 Resolution Na 2025-XX City Council 18 — 63 Pa&3/ 6 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, 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 Resolution Na 2025-XX City Council 18 — 64 Pa&3/ 6 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. 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 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. 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. Resolution Na 2025-XX City Council 18 — 65 Pa&3/ 6 ADOPTED this 27th day of October 2025 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Isuri S. Ramos Chairperson APPROVED AS TO FORM: Sonia R. Carvalho City Attorney /L&0 By: Melissa M. Crosthwaite Senior Assistant City Attorney Resolution Na 2029-XX City Council 18 — 66 Pa&3/ 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2025-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 Resolution Na 2025-XX City Council 18 — 67 Pa&3/ 6 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, the Applicant must comply in full with each and every condition listed below prior to exercising the rights 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 any building permits, the Applicant 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 (WELD), 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 required 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 recreation 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. Resolution Na 2025-XX City Council 18 — 68 Pa&3/ 6 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 approval 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. Resolution Na 2025-XX City Council 18 — 69 Pa&3/ 6 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 located 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; implementation 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 bejointly 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, Resolution Na 2025-XX City Council 18 — 70 Pa9Q1i3/ 6 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 equivalent 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. Resolution Na 2025-XX City Council 18 — 71 PaM3/ 6 Conditional Use Permit No. 1982-18-MOD-1 5311 W. McFadden Avenue Santa Ana Boundary j m1 "� y- Zoning Y R1 gZoneclass I ,■Al 1 � i - SD27 R1 l j-, -- 1■ CS R� R4 .N C2 �I■ SP4 P R1 SD65 C1-MDI I■ SD79 _ - . N R2 - R tql F R4 N SD53 '= l '_ N SD86 I R3 R2 R1 - ■SP1 M1 _ R1 ■ SD61 I — SD90 ■SD20 � R1 � II R4 Al SP3 71fi�e };F1+J R1 R1 1A GC 1 - ■SD84 fi ,tI1 -J I 4 SD18 E SD2 — I I fI N SD40 R1= ■CSM N SD52 ■ M2 SD54 d8 N SD95 I I. ■SD60 - I -R� �6 D�0 ■ SD58 ��'�' R1 �- ■ SD4 'rr r`l NCR �■ SD43 1 s It R1 SD69 ■ SD63 yl f-. — t SD8 R,1 IYJL 77 i:9L1 SD64 _ SD36 1 _`a, `T � �::� SD31 - _ 400 feet � r � R1 R1 I SD11 � Y�5 -R1 I.-_1 M 1 N - Exhibit 2 - Vicinity Map and Aerial View �r I City Council 18 - 72 n ?OW; I inhtRnx rglJ11210epParva i Exhibit 3—Site Photos cr- ik Aft lllllun ��. Conditional Use Permit No. 1982-18-MOD-1 5311 W. McFadden Avenue City Council 18 — 73 2/3/2026 ti bOLZ6 tl0 V NV V1NVS 3nN3AV N300VJDA 1S3M LIES N 0 1 S N V d X 3 3 1 S aaaa q 100HOS 31001n HOdnHO NVIN3AdV SanlaHw Ala 0J a p V tin E - - � m it o z Y YI m Io-N II II I I I I II try Ij CD MROm i J + y --- - -- ---- -- -- IIrn �� p p p C r r r •� �I ® _ —_ — — YI , z II c III w x III w I a I III Cl- a) II w — _ I I I 1 cn 1i x w pI y l 11 i II I II �a m II I 11 � I III m I I I � I 11 I I m - yl I i I i II bOLZ6 tlO 'tl Ntl tl1Ntl5 _ 31lN3AV N30CVJON 1S3M LIES N 0 1 S N V d X 3 3 1 I S ° - 41 �� l 0 0 H 0 S 3 l 0 0 I A H O a n H 0 NVIN3NdV S1JAidVA AlaOd - AL-- __ -------------------------------------- 0 s i J N ` Q � Z o l ym a � U ZD M LLJ r LL W ro M N 4 Boa O - O 0 d F O 44 FZO `n II { z II Q d III I � L •. O O o CLL- J � I III ® � N Lf) [If ++ -- � y LL- ------------------------------------------ LU . N bOLZ6 tlO 'tl Ntl tl1Ntl5 _ ail N3 AV N300VJOW 1S3M LIES o = A $ N 0 1 S N V d X 3 3 1 I S ° o _ 41 1< l 0 0 H 0 5 3 l 0 0 1 W H O a fl H O 7 _ H - N V I N 3 N d V S1JA18VA A1a0d -� p en,i9 =; Z J O O K OK r5y m CA 0o Q am U m og ZD m g U 0 LLJ IF```-- ----- —�'I�i UJ LU U q & K O v d 1 00 O n F _ •h- 3hu K O� -- - Z Q J LL- V V� K fL z w U) b 01Z6 tlO 'VNV tl1Ntl5 Ln 3 NN3 AV N300VJOW 1S3M LIES N 0 1 S N V d X 3 3 1 I S 41 �� l 0 0 H 0 5 3 l 0 0 1 W H O a fl H O _ H - N V I N 3 N d V S1AidVA AiaOd e fi w G V y y g s 6 1 III III (� CD Z z Q O A Cl J O ZD J ;� U ZD L-J1 @ m ul m o _ EIFT-4 o d , 0 w 0 W W 0 CD W e } e W 4 N U) 0 _ 0Lq w 0 Q o a I � ' o I � a Q w JL uj h --IJ W W I 4-j N w � I o U) N b 0 CD - 18 18 a+ d - 4LL W x x w bOLZ6 tlO 'tl IN tl1Ntl5 _ - 311113AV N30CVJON 1S3M LIES i- _ N 0 1 S N V d X 3 3 1 S "'X ° - 41 141 � l 0 0 H 0 S 3 l 0 C I A H O a In H 0 0 _ - NVIN3NdV S1AidVA AiaOd - e fi w G V yyg 3a YID z - I - 0 J RITE m m s LLI Z Z O O — ~ Q Q I I C> U � II ZD Cl LLJ W a � 0 � - i g W c W dal Cl- i Z \ — g i J H i Q I Q � W WI J � J W o LU _ CO ,-i Ml [If W O z - - - - - lll d 8Pt 1�5 �1 Exhibit 7 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 City Council 18 — 79 2/3/2026 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................2 INTRODUCTION.............................................................................................................4 STUDYSCENARIOS......................................................................................................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 SITEACCESS ..............................................................................................................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 23 City Council 18 — 82 2/3/2026 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study Focused Traffic Impact Study Forty Martyrs Armenian Church Middle School 5311 West McFadden Ave, Santa Ana Q�OFESSION Prepared under the supervision of JENDE KAY HSUrn a No. T2285 Exp.6 3Q 26 s, lRAFF\O a`P Jende Kay Hsu, P.E., T. E. 9rf OF CA'O C3 Lic. # T2285 K2 Traffic Engineering, Inc. 1 City Council 18 — 83 2/3/2026 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study EXECUTIVE SUMMARY Forty Martyrs Armenian Apostolic Church is an existing religious facility located at 5311 West McFadden Avenue in the City of Santa Ana. The project site currently consists of 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 classrooms and laboratory of the proposed middle school (Grade 7 & 8). The proposed building will accommodate 7t" and 8t" grade students with a maximum capacity of 32 students. Consistent with the existing Ari Guiragos Minassian School (PK-6), the proposed Middle School will open Monday through Friday, and will be closed on weekends. The project is expected to generate 21 trips in the AM peak hour, 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 significant traffic impact and mitigation measure is not required. The intersection of McFadden 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 McFadden Avenue. The west driveway provides ingress and egress access to and from both directions. The east driveway allows egress traffic only. Both driveways are expected to operate at acceptable level of services for the project opening year plus project conditions. It is necessary that the height of shrubs, 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 adjacent Harut Barsamian Armenian Center to divert preschool drop-off and pick-up in its parking lot. Drop-off and K2 Traffic Engineering, Inc. 2 City Council 18 — 84 2/3/2026 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study pick-up activities are monitored by school staff and security staff, and the operations have been well organized and efficient. The project is expected to have no or minimal impact for drop-off and pick-up activities. On-site circulation appears efficient and safe without unnecessary bottlenecks. In general, the likelihoods of on-site congestion and traffic queue 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 can be assumed to have no or less than significant VMT impact. K2 Traffic Engineering, Inc. 3 City Council 18 — 85 2/3/2026 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study INTRODUCTION Forty Martyrs Armenian Apostolic Church is an existing religious facility located at 5311 West McFadden Avenue in the City of Santa Ana. The site is situated on McFadden Avenue approximately 250 feet west of Euclid Street. The project site currently consists of 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. 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 building will provide three classrooms and a multipurpose room with intended uses such as study room, computer lab, and/or 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 occupancy of 16 students in each classroom. The third classroom will be used by the existing Ari Guiragos Minassian School for PK-6t" grades. Consistent with the existing Ari Guiragos Minassian School (PK-6), the proposed Middle School will open Monday through Friday, and will be closed on weekends. The purpose of this study is to provide an evaluation of the traffic impact for the proposed educational building. K2 Traffic Engineering, Inc. 4 City Council 18 — 86 2/3/2026 Rd" W MelricDr Sandalwood Mobile Home Park v o o W Barbette Ave 6; 71 U Eler W Heritage Park E a rn C-)rn A. W Davit Ave 4Apostolic PROJECT SITE mpion Ave orty Martyrs Armenian v �t George Chaldean © 5 Church Catholic Church - W McFadden Ave McFadden Ave W (n M ighland St Saint Barbara 0 = ® Bit O'Home Trailer Park Catholic Church C - a C Z w n> C � 3 7 ~ T VI W 7 W Wisteria PI C) W Flight Ave W NORTH 0 W Flight Ave o U W Roberts Dr W Roberts Dr rn N �,Go gle E W Ballast Ave v ,., w - =Man data i initarl Stat— Twr— Prnvary Sand Pmdnrt Fna EXHIBIT 1. VICINITY MAP No Scale C. City Council 18 — 87 b0LZ6 tl0 'tl NV V1NVS 3(IN3AH N3GGVJDA 1S3M ll£S -� N 0 1 S N H d X 3 3 1 I S "'x 4 4444 100 HOS 31001w Hod AH0 NVIN3 AdI Sd A1dVW Aldo] I i � m z I i it I II � i p II YI i 1 II YI 3 to I M i ■ III I If Y I III Im J III 0 YI c7 O iMD � m _ z J _0 Z Cl o O (� I ZD O Q 1�� - U D� 0 1 gf L_I 0- LWJJ U F] 't i III W I � IIIf II W I m mtl III m � z Y I II o I z I \ I s. \ a I - � - I w — s cn I I I m m pl l m m Q I YI m I J CL LU z ul m N �I m - I I a � w I I I YI = y YI W . I Y I II I I j e, ,: > , . \\ X`\\ // II ! �< /OH%//\/j7 \ �- `�� ) - : ;\ \ E > 2> / ---------------------------- s � \\--- \ ^ ] o) LLI _ L / LLJ ^ o a --- \ ` _ - \ F- : - o 0 � U) » � � J «--« ------------------------------- 09 A & 99 O O A L6 M . � � k W Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study STUDY SCENARIOS In accordance with the scoping agreement, this study includes the following study scenarios: i. Existing Conditions ii. Existing Conditions 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 County Congestion Management Program, Intersection Capacity Utilization (ICU) method is the technique used to assess the operation of signalized intersections. The studied 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 the operation of roadway segment. Table 2 provides the LOS definition for McFadden Avenue at the site frontage. Table 2. LOS Definition - Roadway Segment Roadway Classification Configuration A B C D E F McFadden Secondary 4 Lanes Ave Arterial Undivided 15,000 17,500 20,000 22,500 25,000 >25,000 K2 Traffic Engineering, Inc. 8 City Council 18 — 90 2/3/2026 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study 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 frontage. 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 speed limit is 40 mph in the project vicinity. Traffic counts of AM and PM peak hour turning movements were collected on Wednesday, January 22, 2025. Traffic volumes and lane configurations 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 times the traffic 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". K2 Traffic Engineering, Inc. 9 City Council 18 — 91 2/3/2026 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study Table 4. Existing Conditions— Roadway Segment Analysis Roadway Classification ADT LOS McFadden Ave Secondary Arterial 14,590 A K2 Traffic Engineering, Inc. 10 City Council 18 — 92 2/3/2026 7MA"N' NORTH NOT TO SCALE I I to PROJECT SITE 14600 McFadden Ave LEGEND: O = INTERSECTION 0 = TRAFFIC SIGNAL XXXX = ADT LANE CONFIGURATION 4IL AM PEAK HOUR PM PEAK HOUR r �o�I I �143� 170+J 365- 392 � 1 230 Nam 198 v�i�n Forty Martyrs Armenian Church Middle School EXISTING LANE CONFIGURATION AND TRAFFIC VOLUMES 5311 West McFadden Ave,Santa Ana K2(fj &ggVVGINEERING 18 - 93 EXHOT64 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study TRIP GENERATION Passenger vehicle trips are estimated using the rates and methodologies outlined in "Trip Generation", 11t" Edition, published by the Institute of Transportation Engineers (ITE). Applicable trip generation rates are shown in Table 5. Table 5. Trip Generation Rate LAND USE AM PEAK HOUR PM PEAK HOUR (ITE CODE) UNIT DAILY 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 generate 21 trips in the AM peak hour, 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 projected trips associated with the project are provided in Table 6. Table 6. Project Trip Generation LAND USE AM PEAK HOUR PM PEAK HOURL I (ITE CODE) Quantity DAILY TOTAN OUT TOTAL IN OUT Middle School (522) 32 Students 67 21 11 10 5 2 3 K2 Traffic Engineering, Inc. 12 City Council 18 — 94 2/3/2026 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study TRIP DISTRIBUTION Trip distribution represents the directional orientation of traffic to and from the proposed project. Directional orientation is largely influenced by the geographical location of the site, among many other factors. The trip distribution pattern for 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. K2 Traffic Engineering, Inc. 13 City Council 18 — 95 2/3/2026 EXHIBIT 5. TRIP DISTRIBUTION ---------, * 20% Project Site i 40% Dwy 'A" Dwy'B"i 20% 20% 60% 20%, 20% a 20% McFadden Ave 40% � � 60% 20% 20% 20% 20% �20% Legend: � 1 Lu Inbound Trips NORTH Outbound Trips Directional Distribution NOT TO SCALE Study Intersection City Council 18 — 96 MN F— --1 NORTH NOT TO SCALE I I to PROJECT i ° SITE 14600 I I 0 McFadden Ave LEGEND: O = INTERSECTION 9 = TRAFFIC SIGNAL LANE CONFIGURATION r4IL- AM PEAK HOUR PM PEAK HOUR INOO O I000 ` O L NOO 1 000 Forty Martyrs Armenian Church Middle School TRAFFIC ASSIGNMENT 5311 West McFadden Ave,Santa Ana YTP1 ENGINEER ING 1 8 - 97 L:2MNq- 6 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study 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 better 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 segment ADT analysis. As shown, the segment of McFadden Avenue at site frontage 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 K2 Traffic Engineering, Inc. 16 City Council 18 — 98 2/3/2026 aN F- --1 NORTH NOT TO SCALE I I in PROJECT ej SITE I w' 14600 I I O McFadden Ave LEGEND: O = INTERSECTION 9 = TRAFFIC SIGNAL XXXX = ADT LANE CONFIGURATION r11L AM PEAK HOUR PM PEAK HOUR r 167 42 ___, 1 L F,04 1145 171 369 f 393 32 Nero 199 N�^ Forty Martyrs Armenian Church Middle School EXISTING (2023) PLUS PROJECT TRAFFIC 5311 West McFadden Ave,Santa Ana K2(TjW676q IVGINEERING 18 - 99 EXJAM6 7 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study PRE-PROJECT COMPLETION Traffic conditions prior to completion of the proposed development is estimated by applying an annual growth rate of one percent (1%) over existing traffic counts for the opening year 2026 conditions. Traffic volumes for the pre-project completion are illustrated in Exhibit 8. The LOS using ICU methodology and intersection V/C ratios are shown in Table 9. A shown, the study intersection remains operating at LOS D or better for the project opening year in the AM and PM peak hours. The analysis worksheets 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 segment ADT analysis. As shown, McFadden Avenue at the site frontage will maintain operating at LOS "A" for the project opening year 2026. Table 10. Pre-Project Completion (2026) Conditions— Roadway Segment Analysis Roadwav Classification ADT LOS McFadden Ave Secondary Arterial 14,736 A K2 Traffic Engineering, Inc. 18 City Council 18 — 100 2/3/2026 MN NORTH NOT TO SCALE I I in PROJECT SITE 14600 McFadden Ave LEGEND: O = INTERSECTION 0 = TRAFFIC SIGNAL XXXX = ADT LANE CONFIGURATION r4IL- --� AM PEAK HOUR PM PEAK HOUR r C�� L-170-42 Ji L ,06 4� '�3+ f 632 �� 2� u°0i�n PRE-PROJECT COMPLETION (2026) Forty Martyrs Armenian Church Middle School TRAFFIC VOLUMES 5311 West McFadden Ave,Santa Ana K2(j7jW l q(gVVGINEERING 18 - 101 DO A0,76 8 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study POST-PROJECT COMPLETION Traffic volumes for project opening year 2026 plus project traffic 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 Sunday 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 segment ADT analysis. As shown, McFadden Avenue at the site frontage will maintain 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 K2 Traffic Engineering, Inc. 20 City Council 18 — 102 2/3/2026 M N F— --1 NORTH NOT TO SCALE I I rn PROJECT SITE I i' 14600 McFadden Ave LEGEND: O = INTERSECTION 00 = TRAFFIC SIGNAL XXXX = ADT LANE CONFIGURATION `� I L AM PEAK HOUR PM PEAK HOUR �12s Co �170 �410 —43 �128 _ I I L F106 146 J 1-7/4+� 371� 400� � 234 �rnm 03 uO1i�n POST-PROJECT COMPLETION Forty Martyrs Armenian Church Middle School TRAFFIC VOLUMES 5311 West McFadden Ave,Santa Ana K2(fj &q(gNGINEERING 18 - 103 E AMT69 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study THRESHOLD OF SIGNIFICANT IMPACT Consistent with 2017 Orange County Congestion Management Plan, the City of Santa Ana adopted LOS "D" as the maximum threshold of significance at all intersections. Based on existing conditions, the traffic impacts of the proposed project are shown in Table 13. The study intersection is expected to maintain LOS "D" or better for both AM and PM peak hours, with and without proposed project. The project does not have significant traffic impacts, and mitigation measure is, therefore, not required. Table 13. Proiect Impact Analysis — Existing Conditions W/O Project With Project Study Intersection: V/C Acceptable Significant McFadden Ave at Euclid St LOS V/C LOS V/C Change LOS __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 are shown in Table 14. The study intersection is expected to maintain LOS "D" or better for both AM and PM peak hours in the project opening year, with and without the proposed 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: V/C Acceptable Significant McFadden Ave at Euclid St LOS V/C LOS V/C Change LOS In act 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 K2 Traffic Engineering, Inc. 22 City Council 18 — 104 2/3/2026 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study 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 insufficient for the 95th percentile queue. The results of queue analysis are shown in Table 15. The details of queue analysis can be found in Appendix C. Table 15. Queue Analysis— Existing Conditions Current 95th Percentile Queue Ft Turn Pocket Exceeds Intersection Movement Length Ft AM Peak PM Peak Capacity EBL 145 68 77 No McFadden Ave at WBL 145 61 51 No Euclid St 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 percentile queue, as shown in Table 16. Table 16. Queue Analysis—Year 2026 After Project Completion Current 95th Percentile Queue Ft Turn Pocket Exceeds Intersection Movement Length Ft AM Peak PM Peak Capacity EBL 145 69 80 No McFadden Ave at WBL 145 61 51 No Euclid St NBL 105 148 182 Yes SBL 100 142 161 Yes K2 Traffic Engineering, Inc. 23 City Council 18 — 105 2/3/2026 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study The study found that the 95th percentile queue for left turns on Euclid Street at McFadden Avenue have exceeded the pocket length. However, the existing two-way- left-turn lanes on Euclid Street have essentially provided additional 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 Harut Barsamian Armenian Center (HBAC) has always been used for preschool drop-off and pick-up activities. The proof 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 for Ari Guiragos Minassian School (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 arriving 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-6th students and 3:15 PM for preschool students (in different areas as discussed earlier). Early pick-up for about 30 preschool kids normally takes place before 12:00 PM and 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 activities occurs between 3:30 PM and 5:30 PM. During dismissal periods, all students are required to wait in the classroom until called by staff via walkie-talkie upon parent's arrival. Drop-off and pick-up activities are monitored by school staff and security staff, and the operations have been well organized and efficient. K2 Traffic Engineering, Inc. 24 City Council 18 — 106 2/3/2026 f C Pro-SchAbl I Drop-Off& �+ Pick-Up Are pr a + 1 X J _ tJ i 'Uuifag s t Mi assiar� Schgol _ �I • Lou Mr �� ti•X _ X I a B mia . e X ente NJ .I.) �- R deo Srnv a Shop - K-6 Dr pM f 8, Pick p � i Area c L u a< $queria La Mex,iUa', 1 Mexican all 'ti/ i Farty Mart slArmeni 4 �-- McFadden Avg LLW ' r • s ! _ X• �_� ..�+ � + � rya Gc$bgle`adden Ave_. W McFadden Ave -jai , - 4 Forty Martyrs Armenian Church Middle School March 17, 2025 5311 West McFadden Ave, Santa Ana Focused Traffic Impact Study 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 twenty students in both 7th and 8th grades combined in the following years. The maximum capacity of the proposed middle school is 32 students. The proposed middle school will enroll four (4) staff 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 from all other students, it is reasonably expected that similar order and efficiency can be maintained for middle school students. If necessary, staggered arrival times may be further adjusted to ensure orderly 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 existing access driveways on McFadden 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 shrubs, 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 efficient and safe without unnecessary bottlenecks. In general, the likelihoods of on-site congestion and traffic queue are low. The site plan is subject to review and approval by the Fire Department, Planning Department and Traffic Engineer. K2 Traffic Engineering, Inc. 26 City Council 18 — 108 2/3/2026 APPENDIX A TURNING MOVEMENT COUNT DATA City Council 18 — 109 2/3/2026 INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC.tel: 714 253 7888 cs@aimtd.com DATE: LOCATION: Santa Ana PROJECT#: SC5141 Wed,Jan 22, 25 NORTH &SOUTH: S Euclid St LOCATION #: 1 EAST&WEST: W McFadden Ave CONTROL: SIGNAL NOTES: N A E ► S NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND S Euclid St S Euclid St W McFadden Ave W McFadden Ave NL NT NR SL ST SR EL ET ER WL WT WR TOTAL LANES: 1 2 0 1 3 0 1 2 0 1 2 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 g 8:45 AM 26 210 23 31 339 49 46 70 55 26 113 20 1,008 a VOLUMES 213 1,729 175 239 3,369 327 292 668 400 200 748 233 8,594 APPROACH % 10% 82% 80/0 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 7:30 AM 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 g 5:45 PM 35 378 18 40 282 49 42 94 1 33 13 87 24 1,095 a VOLUMES 304 2,853 150 275 2,155 350 349 827 344 189 846 302 8,944 APPROACH % 9% 860/a 5% 10% 78% 13% 23% 540/b 230/6 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 4:45 PM 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 1 712 775 0 S Euclid St t NORTH LEG t I I W McFadden Ave WEST LEG EAST LEG W McFadden Ave 1 1 SOUTH LEG 0 S Euclid St City Council 18 - 110 2/3/2026 APPENDIX B LEVEL OF SERVICE ANALYSIS - ICU METHODOLOGY City Council 18 — 111 2/3/2026 K2 Traffic Engineering, Inc. Intersection Capacity Utilization Analysis (ICU) 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 8 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 City Council 18 - 112 2/3/2026 K2 Traffic Engineering, Inc. Intersection Capacity Utilization Analysis (ICU) 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 8 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 City Council 18 - 113 2/3/2026 K2 Traffic Engineering, Inc. Intersection Capacity Utilization Analysis (ICU) 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 8 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 City Council 18 - 114 2/3/2026 K2 Traffic Engineering, Inc. Intersection Capacity Utilization Analysis (ICU) 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 8 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 City Council 18 - 115 2/3/2026 APPENDIX C QUEUE ANALYSIS City Council 18 — 116 2/3/2026 Queues 1: Euclid St & McFadden II 03/05/2025 -11 --1' 4--- t t Lane Group EBL EBT WBL WBT NBL NBT SBL SBT Lane Group Flow(vph) 149 620 132 552 129 1092 126 2166 v/c Ratio 0.59 0.67 0.54 0.66 0.62 0.95 0.61 1.32 Control Delay 23.6 17.6 21.6 23.4 45.8 43.4 45.5 174.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 23.6 17.6 21.6 23.4 45.8 43.4 45.5 174.2 Queue Length 50th(ft) 38 71 33 88 49 -260 47 -447 Queue Length 95th(ft) 68 113 61 127 #144 #377 #141 #542 Internal Link Dist(ft) 411 407 455 602 Turn Bay Length(ft) 145 145 105 100 Base Capacity(vph) 254 1094 246 1007 209 1145 206 1638 Starvation Cap Reductn 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.59 0.57 0.54 0.55 0.62 0.95 0.61 1.32 Intersection Summary Volume exceeds capacity,queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. Existing-AM 12/20/2018 Existing-AM Synchro 10 Report Page 1 City Council 18 - 117 2/3/2026 Queues 1: Euclid St & McFadden II 03/05/2025 -11 --1' 4--- t t Lane Group EBL EBT WBL WBT NBL NBT SBL SBT Lane Group Flow(vph) 173 602 106 212 158 1546 140 1298 v/c Ratio 0.45 0.66 0.43 0.27 0.66 1.45 0.63 0.87 Control Delay 17.9 20.2 17.9 6.3 48.2 231.6 46.8 29.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 17.9 20.2 17.9 6.3 48.2 231.6 46.8 29.4 Queue Length 50th(ft) 44 85 26 6 61 -467 53 171 Queue Length 95th(ft) 77 126 51 28 #178 #595 #157 #255 Internal Link Dist(ft) 709 407 455 602 Turn Bay Length(ft) 145 145 105 100 Base Capacity(vph) 383 1044 249 998 239 1066 221 1489 Starvation Cap Reductn 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 Reduced A Ratio 0.45 0.58 0.43 0.21 0.66 1.45 0.63 0.87 Intersection Summary Volume exceeds capacity,queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. Existing-PM 12/20/2018 Existing-PM Synchro 10 Report Page 1 City Council 18 - 118 2/3/2026 Queues 1: Euclid St & McFadden II 03/05/2025 -11 --1' 4--- t t Lane Group EBL EBT WBL WBT NBL NBT SBL SBT Lane Group Flow(vph) 152 630 133 561 132 1103 127 2189 v/c Ratio 0.60 0.67 0.54 0.67 0.63 0.97 0.62 1.34 Control Delay 24.1 17.9 21.7 23.5 47.2 45.7 46.6 183.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 24.1 17.9 21.7 23.5 47.2 45.7 46.6 183.6 Queue Length 50th(ft) 38 73 33 90 50 -265 48 -454 Queue Length 95th(ft) 69 116 61 131 #148 #382 #142 #549 Internal Link Dist(ft) 709 407 455 602 Turn Bay Length(ft) 145 145 105 100 Base Capacity(vph) 253 1093 246 1006 209 1142 204 1628 Starvation Cap Reductn 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.60 0.58 0.54 0.56 0.63 0.97 0.62 1.34 Intersection Summary Volume exceeds capacity,queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. Year 2025+Project-AM 12/20/2018 Year 2025+Project-AM Synchro 10 Report Page 1 City Council 18 - 119 2/3/2026 Queues 1: Euclid St & McFadden II 03/05/2025 -11 --1' 4--- t t Lane Group EBL EBT WBL WBT NBL NBT SBL SBT Lane Group Flow(vph) 178 615 108 217 162 1578 143 1325 v/c Ratio 0.46 0.66 0.44 0.27 0.68 1.49 0.65 0.90 Control Delay 18.1 20.4 18.1 6.3 49.5 248.0 48.0 31.4 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 18.1 20.4 18.1 6.3 49.5 248.0 48.0 31.4 Queue Length 50th(ft) 45 87 26 6 62 -481 54 176 Queue Length 95th(ft) 80 130 51 28 #182 #610 #161 #264 Internal Link Dist(ft) 709 407 455 602 Turn Bay Length(ft) 145 145 105 100 Base Capacity(vph) 384 1044 248 1000 240 1061 221 1478 Starvation Cap Reductn 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 Reduced A Ratio 0.46 0.59 0.44 0.22 0.68 1.49 0.65 0.90 Intersection Summary Volume exceeds capacity,queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. Year 2025+Project-PM 12/20/2018 Year 2025+Project-PM Synchro 10 Report Page 1 City Council 18 - 120 2/3/2026 APPENDIX D PICK-UP & DROP-OFF USE AGREEMENT City Council 18 — 121 2/3/2026 e t"%F ARMENIAN CULTURAL FOUNDATION March 13, 2025 To Whom it May Concern, The Executive Board of the Orange County Chapter of the Armenian Cultural Foundation(ACF) authorizes the use of its property at 5305 W, McFadden Avenue, Santa Ana, CA 9270E by parents and guardians of Ari Guiragos Minassian (AGM) students to pick-up and drop-off said students with no limitations or reservations. Sincerely, Sarkis Janet Ian Chairman, ACF Orange County Executive Board City Council 18 — 122 2/3/2026 LINSCOTT Exhibit 8 - Parking Demand Analysis GREENSPAN engineers November 8, 2022 Engineers&Planners Traffic Transportation Parking Mano Dishoian Linscatt,law& Board President Greenspan,Engineers Forty Martyrs Armenian Church 2 Executive Circle Suite 250 5315 W. McFadden Avenue Irvine,CA92614 Santa Ana, CA 92704 949.825.6175 r 949-825.5939 F www.Ilgengineers.com LLG Reference: 2.22.4606.1 Pasadena Irvine Subject: Parking Demand Analysis for San Diego Forty Martyrs Armenian Church—Middle School Project Woodland Hills Santa Ana, California Dear Mr. Dishoian: Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Parking Demand Analysis for Forty Martyrs Armenian (FMA) Church — Middle School Project. Based on our coordination efforts on this project,City staff requires aparking study to validate the parking needs for FMA Church and Middle School Project based on the anticipated changes to the school. This report evaluates the parking needs for the site based on existing counts to be used for developing empirical parking ratios specific to the school and church. These parking ratios can then be applied to the added school classroom building to forecast Philip M.Linscatt,PE(1924-2060) parking requirements for the proposed middle school. William A.Law,PE(1921-2019) Jack M.Greenspan,PE(Ber) Paul W.Wilkinson,PE(Rec) John P.Keating,PE(Bev) PROJECT SETTING AND DESCRIPTION David S.Shender,PE The Forty Martyrs Armenian(FMA)Church—Middle School Project is located along Jahn A.Boarman'PE PE(9ev) ,eger W. McFadden Avenue west of Euclid Street and is addressed at 5311 W. McFadden Richard E.BarretClare M.Look-Ja ok-Jaeger, o, Avenue in the City of Santa Ana, California. The existing school is a located on the Keil D.Maherry,PE same campus of the Forty Martyrs Armenian Apostolic Church, which is addressed Walter B.Musial,PE at 5315 W. McFadden Avenue, and adjacent to the Armenian Cultural Foundation Kalyan C.yellapu,PE Center, which is addressed at 5305 W. McFadden Avenue. Access to the subject Dave Roseman,PE property is provided via a "full access" driveway on McFadden Avenue, which is An LG2WB Company Founded 7966 City Council _M— 12 2/3/2026 N:A4600A2224606-Forty Martyrs Armenian Church-Middle School Project,Santa Ana\Report\4606 FMA Church-Middle School Project 11-8-2022.docx Mano Dishoian LINSCOTT November 8, 2022 Page 2 GREENSPAN engineers which is located on the eastern property line, is also provided. It should be noted that the eastern driveway is gated and was observed to be closed and not used as an "exit" for site traffic. A separate driveway, located directly to the east of the Project's "exit only" driveway provides access to the Armenian Center. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the Project site in the context of the surrounding street system. Figure 2 presents the existing aerial and illustrates the existing buildings and parking areas. Fortv Martyrs Armenian School The FMA School currently has an enrollment of 149 students in Transitional Kindergarten (TK)/Kindergarten (K) through Grade 6, and employs 24 faculty, administrative staff, and support staff. The existing school consists of a 10,120 square feet(SF)building. Classes start at 8:00 AM and end at 3:30 PM. After-school activities include Academic Chess, Athletics, and other after school enrichment programs. Special events during the academic year include: • Kindergarten Orientation • Back to School • Parent-Teacher Conference • School Open House • End of Year Graduation Ceremony for Kindergarten and 6th Graders The Project is proposing to increase the FMA School from 4 classrooms to 5 classrooms which will increase the school by 4,960 SF for a total building size of 15,080 SF to provide additional spaces for the current K-6 elementary school and accommodate the proposed middle school; the anticipated number of added students is not known at this time. The parking lot layout is proposed to be modified to increase the existing supply from 50 spaces to 88 spaces. Figure 3 presents the proposed site plan. ForLv Martyrs Armenian Church The FMA Church currently has 30 pews which can accommodate up to 7 adults on each pew for a total seating capacity of 210 seats. As part of the Project, the church does not have any plans to increase seating capacity or building size. As such, no changes are proposed to the existing church component. The existing church currently has service every Sunday from 10:30 AM and ends at 12:30 PM. City Council 18 — 124 2/3/2026 N:A4600A2224606-Forty Martyrs Armenian Church-Middle School Project,Santa Ana\Report\4606 FMA Church-Middle School Project 11-8-2022.docx Mano Dishoian LINSCOTT November 8, 2022 Page 3 GREENSPAN engineers STUDENT DROP-OFF AND PICK-UP PROCEDURES School Drop-Off LLG visited the site on Tuesday, October 4, 2022 and conducted observations from 7:30 AM — 9:30 AM during school drop-off times. On that day, the school had an attendance of 144 students. It was observed that drop-off begins at 7:45 AM and last until 8:35 AM. Parents generally park their vehicles in the Church/School parking lot and walk their children to the classroom. The typical turnover time per space is about 3 minutes. During drop-off times the lot always provided enough parking spaces for all vehicles entering the lot, so it never became congested to the point where cars were waiting to enter the lot or waiting to access a parking space. It should be noted that it was observed that some parents would utilize parking in the off-site parking located adjacent to the site at the Armenian Center. There is one security guard on the premises during the drop-off period that monitors the area and can direct vehicles to available spaces, if needed. It should be noted that during our observations the security guard did not need to assist in anyway as parents were able to enter and park with ease. School Pick-U LLG visited the site on Tuesday, October 4, 2022 and conducted observations from 2:30 PM — 4:00 PM during school pick-up times. It was observed that Pick-up operations start at 2:45 PM and ends at about 4:00 PM. Similar to drop-off, during pick- up parents park their vehicles in the church/school parking lot, exit their vehicle and walk to the front area where they pick-up their child and proceed back to their vehicle before leaving the grounds. The school/church parking lot fills to almost total capacity, but still provides ample parking spots. It should be noted that it was observed that some parents would utilize parking in the off-site parking located adjacent to the site at the Armenian Center. There are some instances during the school pick-up that vehicles would park in non- designated parking spots while waiting. This did not impede the movement of any vehicles traveling through the lot and was not done out of a necessity of not having a parking space. Similar to the drop off procedure, there is one security guard on the premises during the pick-up period that monitors the area and can provide aid when needed. It should be noted that during our observations the security guard did not need to assist in anyway. City Council 18 — 125 2/3/2026 N:A4600A2224606-Forty Martyrs Armenian Church-Middle School Project,Santa Ana\Report\4606 FMA Church-Middle School Project 11-8-2022.docx Mano Dishoian LINSCOTT November 8, 2022 Page 4 GREENSPAN engineers Special Events The school currently has special events that occur on-site such as kindergarten orientation, back to school, parent-teacher conference, school open house, end of year graduation ceremony for kindergarten and 61h Graders, etc. It is our understanding that past functions have provided ample parking and will continue to do so especially since the proposed Project would increase the parking supply from 50 spaces to 88 spaces. However, in the event additional parking were to be needed, arrangements for the use of off-site parking at the adjacent Armenian Center could be made. CHURCH PROCEDURES The site was visited during Sunday, October 16, 2022 to conduct observations from 9:30 AM—2:00 PM during a typical service. On that day,the church had an attendance of 57 parishioners, which is typical for a Sunday service. It was observed that the majority of the people attending arrive between 10:30 AM — 11:30 AM. Parishioners were observed to park their vehicles within the church/school parking lot and walk to the entrance of the Church. During the exit period they did the opposite. It should be noted that it was observed that some parishioners would utilize parking in the off-site parking located adjacent to the site at the Armenian Center. There is one security guard on the premises that monitors the area and can provide aid when needed. It should be noted that during our observations the security guard did not need to assist in anyway. PARKING DEMAND SUMMARY Parking demand counts were collected on Tuesday, October 4, 2022 during typical school drop-off (7:30 AM — 9:00 AM) and pick-up (2:30 PM — 4:00 PM) times. It should be noted that peak demands include any vehicles observed to park off-site at the Armenian Center. Table 1 presents the parking demand on a thirty-minute interval for both the morning and afternoon peak periods. Review of Table 1 shows that the morning peak demand occurred at 8:30 AM and 9:00 AM with a peak demand of 38 vehicles while the afternoon peak demand occurred at 3:30 with a peak demand of 56 vehicles. Direct comparison of the peak demand of 56 vehicles to the existing supply of 50 spaces results in a shortfall of 6 spaces. As mentioned above, parents currently park in the off-site lot located adjacent to the site at the Armenian Center which contributed to the site having adequate parking. Comparing the peak demand of 56 spaces to the existing building size of 10,120 SF results in an empirical parking ratio of 5.5 spaces per 1,000 SF. This empirical ratio can then be applied to the additional 4,960 SF of classroom space which would result City Council 18 — 126 2/3/2026 N:A4600A2224606-Forty Martyrs Armenian Church-Middle School Project,Santa Ana\Report\4606 FMA Church-Middle School Project 11-8-2022.docx Mano Dishoian LINSCOTT November 8, 2022 Page 5 GREENSPAN engineers in 28 additional parking spaces being required. Applying the additional parking requirement of 28 spaces to the existing peak demand of 56 spaces result in a peak parking requirement of 84 spaces. Direct comparison of the peak demand of 84 spaces applied to the proposed supply of 88 would result in a surplus of 4 spaces. As such, the proposed site plan provides adequate parking to support the added classroom building. It is likely a small amount of parents will continue to utilize the Armenian Center parking lot adjacent to the site which will result in additional surpluses beyond what is reported. As an alternative approach, an empirical parking ratio can be calculated by taking the 56-space demand and dividing it by the 144-student attendance on that day which translates to a peak parking ratio of 0.389 space per student. If a contingency of 15% were applied the empirical ratio of 0.389, it would translate to an adjusted peak "design"parking ratio of 0.447 space per student. Applying this design parking ratio to the Project's proposed parking supply of 88 spaces results in a maximum student enrollment of 197 students or an increase in enrollment of 48 students (197 max enrollment— 149 current enrollment). Although no changes are proposed to the Church, parking demand counts were collected to identify peak parking needs which could be compared to the proposed supply. Table 2 presents the count data during a typical service time. Review of Table 2 shows a peak utilization of 46 spaces at 12:30 which translates to an empirical parking ratio of 0.81 spaces per parishioner in attendance. Direct comparison to the proposed supply of 88 spaces results in a parking surplus of 42 spaces. As such, the proposed parking supply will provide adequate parking to support the existing church demands. In the event the church had a full attendance(210 seats)the site would need to use off- site parking at the adjacent Armenian Center. CONCLUSION As noted above,the Project would require an additional 28 spaces beyond the 56 spaces that are already needed for the school. This would result in a total parking requirement of 84 spaces which when compared to the proposed parking supply of 88 spaces would result in a surplus of 4 spaces. Additionally, based on the proposed parking supply the student enrollment could be increased to 197 students and still provide adequate parking. As such, it can be concluded that the proposed Project would have adequate parking to accommodate existing and future parking demands related to the school. In addition, the existing church would result in a surplus of 42 spaces when compared to the proposed supply. Therefore, the proposed supply of 88 spaces will provide adequate parking to support both existing and future school/church activities. City Council 18 — 127 2/3/2026 N:A4600A2224606-Forty Martyrs Armenian Church-Middle School Project,Santa Ana\Report\4606 FMA Church-Middle School Project 11-8-2022.docx Mano Dishoian LINSCOTT November 8, 2022 Page 6 GREENSPAN engineers We appreciate the opportunity to provide this analysis. Should you have any questions or need additional assistance, please do not hesitate to call Shane Green or myself at (949) 825-6175. Sincerely, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal cc: Shane S. Green, P.E., Senior Transportation Engineer City Council 18 — 128 2/3/2026 N:A4600A2224606-Forty Martyrs Armenian Church-Middle School Project,Santa Ana\Report\4606 FMA Church-Middle School Project 11-8-2022.docx IIaMo4 ZZOZ-ZO-[I bb:Cb:80 do] 6Mp,L-1 gOgq\6Mp\ouo o;uos 'pofad loops alppiw - yojnyo uoivawjo si!}iow R}joj - gOg*ZZZ\OOgb\:u Q W Q H a zU) 1-4 � O J -C O O S Driftwood Dr U- S Genoa Dr. Ld 0 co a: S Flintridge DrCC i CO LL Rd 3 Euclid St LLJ W (N J � H f�S O w O r 0 O LLI y U Y d ::: :::_ J ?�• LJ j w N Na a p ' Dr S Maxine St S Deming St c. Q d - S Cooper St t c > v aCL �v+ LLJ StarbU. a U) d O c z S Sail St Sail St aW > �, - . IIQMo4 ZZOZ—ZO—[I zz:gb:g0 do] 6Mp.Z—1 909q\6Mp\ouo o;uos 'pofad loops alppiw — yojnyo uoiuowjo si!}iow R}joj — gOg*ZZZ\OOgb\:u C\2 z Q LLI J - - O — LLJ MAL \ 4 d ` k I i f i r jkLLJ ew I W II� ♦— L#I r 5• ... O U W O LL- y. . .r Arti. : I Ld r U) U 4 l.= O t P •--7 Z IMF ter i IIQMo4 ZZOZ-80—IL L2:L2:20 do] 6Mpg-1 909q\6Mp\ouo o;uos 'pofad loops alppiw — yojnyo uoiuowjo si!}iow R}joj — gOg*ZZZ\OOgb\:u N f� Q � - W F- c-) W Z 1 z o �W c �V ' ►ate ~ W � J o • W � J y Z Arch W �,. cn y v I ca , W . . . 8 o Of LL- - � o f N i •, i•, N LLJ 1 U �• a LLJ Q U _ N �. Z t � z y LINSCOTT GREENSPAN TABLE 1 SCHOOL PEAK PARKING DEMAND[1] engineers FORTY MARTYRS ARMENIAN CHURCH-SCHOOL PROJECT,SANTA ANA Time School Demand[2] 7:30 AM 3 8:00 AM 27 8:30 AM 38 9:00 AM 38 2:30 PM 32 3:00 PM 44 3:30 PM 56 4:00 PM 48 F-isting School Building Size(SF) 10,120 Fmpirical Parking Rate(Spaces per 1,000 SF) 5.5 Proposed Added Classroom(SF) 4,960 Additional Parking Demand Required(5.5 x 4,960 SF) 28 Total Parking Required(56+28) 84 Proposed Parking Supply 88 Suprul/Deficiency(+/-) 4 Notes [1]Counts collected on Tuesday,October4th,2022by LLG. [2]Parking demand includes all vehicles parking on-site as well as vehicles parking at the Armenian Center lot related to the School. City Council 18 — 132 2/3/2026 N:A4600A2224606-Forty Martyrs Armenian Church-Middle School Project,Santa Ana\Report\4606 FMA Church-Middle School Project 11-8-2022.docx LINSCOTT GREENSPAN TABLE 2 CHURCH PEAK PARKING DEMAND[1] engineers FORTY MARTYRS ARMENIAN CHURCH-SCHOOL PROJECT,SANTA ANA Time Church Demand[2] 9:30 AM 0 10:00 AM 4 10:30 AM 8 11:00 AM 16 11:30 AM 31 12:00 PM 40 12:30 PM 46 1:00 PM 41 1:30 PM 33 2:00 PM 26 Parishioners In Attendance 57 Empirical Parking Rate(Spaces per Parishioner) 0.81 Notes [1]Counts collected on Sunday,October 16,2022 by Counts Unlimited. [2]Parking demand includes all vehicles parking on-site as well as vehicles parking at the Armenian Center lot related to the Church. City Council 18 — 133 2/3/2026 N:A4600A2224606-Forty Martyrs Armenian Church-Middle School Project,Santa Ana\Report\4606 FMA Church-Middle School Project 11-8-2022.docx ORANGE COUNTY REPORTER This space for filing stamp only - SINCE 1921 -- 600 W SANTA ANA BLVD STE 812, SANTA ANA,CA 92701 Telephone(714)543-2027 /Fax (714)542-6841 GEMA ZAPIEN CITY OF SANTA ANA/PLANNING & BUILDING AGEN OR#:3976476 20 CIVIC CENTER PLAZA 2ND FLR NOTICE OF PUBLIC HEARING Santa Ana at, or prior to, the public BEFORE THE SANTA ANA PLANNING hearing. SANTA ANA, CA-92702 COMMISSION Si tiene preguntas en espanol,favor de The City of Santa Ana encourages the Ilamar a Gema Zapien(714)667-2732. public to participate in the decision- Neu can lien lac bang tieng Viet,An making process.We encourage you to dien thoai cho Kristie Ha(714)667- contact us prior to the Public Hearing if 2206. you have any questions. 10/17/25 Planning Commission Action: The OR-3976476# Planning Commission will hold a Public PROOF OF PUBLICATION Hearing to receive public testimony and will take action on the item described below.Decision on this matter will be final unless appealed pursuant to Article V of (2015.5 C.C.P.) Chapter 41 of the Santa Ana Municipal Code within 16 calendar days of the decision by any interested party or group. State of California ) Proiect Location: 5311 West McFadden Avenue located within the Single-Family County of ORANGE )ss Residence(R1)zoning district. Proiect Applicant: Rev. Fr. Karekin Bedourian with An Guiragos Minassian Notice Type: GPN-GOVT PUBLIC NOTICE School (Applicant) representing Forty Martyrs Armenian Church (Property Owner) Proposed Proiect: The applicant is requesting approval of Conditional Use Ad Description: Permit (CUP) No. 1982-18-MOD-1 to modify CUP No.1982-18 and facilitate the 5311 E. McFadden Ave. construction of a new two-story, 4,846- square-foot classroom building for the existing private school. Environmental Impact: In accordance am a citizen of the United States and a resident of the State of California; I am with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, over the age of eighteen years,and not a party to or interested in the above the project is exempt from further review entitled matter. I am the principal clerk of the printer and publisher of the pursuant it class 14, section 15314 P P p P (Minor Additions to School)of the CEQA ORANGE COUNTY REPORTER,a newspaper published in the English Guidelines. Categorical Exemption ER No.2023-34 will be filed for this project. language in the city of SANTA ANA,county of ORANGE,and adjudged a Meeting Details: This matter will be newspaper of general circulation as defined by the laws of the State of heard on Monday,October 27,2025,at 5:30 p.m.in the City Council Chamber,22 California by the Superior Court of the County of ORANGE,State of California, Civic Center Plaza,Santa Ana,CA 92701. under date 06/20/1922,Case No. 13421. That the notice,of which the Members of the public may attend this meeting in person orjoin via Zoom.For annexed is a printed copy,has been published in each regular and entire issue the most up-to-date information on how to of said newspaper and not in any supplement thereof on the following dates, ps ticipate //dwwwsantin hiorg/s mepl please vit nning- to-wit: and-building-meeting-participation/. Written Comments:If you are unable to participate in the meeting,you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line)or by mail to Game Zapien, Recording Secretary, City of Santa Ana, 10/17/2025 20 Civic Center Plaza—M20,Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m.on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the Executed on: 10/17/2025 discretionary item, may be found on the At Los Angeles,California City website 72 hours prior to the public hearing at https:llsanta- ana.primegov.com/public/portal. I certify (or declare) under penalty of perjury that the foregoing is true and Who To Contact For Questions:Should Correct. you have any project questions, please contact case planner Fernanda Arias Hernandez with the Planning Division by phone at(714)667-2792 or by email at FArias@santa-ana.org. Note:If you challenge the decision on the above matter, you may be limited to //i raising only those issues you someone V.�Qy/� else raised at the publicis hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Signature III III i��i��i��i�� III III III ul i II * A aty0CbufficAl 7 2 3 0 8 3 7 18 - 134 2/3/2026 Email _4_ CITY OF SANTA ANA Planning and Building Agency r "� 20 Civic Center Plaza•P.O.Box 1988 0• Santa Ana,California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 5311 West McFadden Avenue located within the Single-Family Residence (R1) zoning district. Project Applicant: Rev. Fr. Karekin Bedourian with Ari Guiragos Minassian School (Applicant) representing Forty Martyrs Armenian Church (Property Owner) Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) No. 1982-18- MOD-1 to modify CUP No. 1982-18 and facilitate the construction of a new two-story, 4,846-square-foot classroom building for the existing private school. Environmental Impact: In accordance with the California Environmental Quality Act(CEQA)and the CEQA Guidelines, the project is exempt from further review pursuant to Class 14, Section 15314 (Minor Additions to School) of the CEQA Guidelines. Categorical Exemption ER No. 2023-34 will be filed for this project. Meeting Details: This matter will be heard on Monday, October 27, 2025, at 5:30 p.m. in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeComments(a)santa-ana.org-(reference the Agenda Item # in the subject line) or by mail to Gema Zapien, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza— M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Fernanda Arias Hernandez with the Planning Division by phone at (714) 667-2792 or by email at FAriasC@santa-ana.org. City Council 18 — 135 2/3/2026 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Gema Zapien (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Kristie Ha (714) 667-2206. 1000' RADIUS NOTIFICATION MAP acm MAP or or ��'�"�� MW d s mom _ .3 Wrk s �s I F-'rib i W r MW �'� M 0 � .NV r�C�t� !ip!!!. r tw. AM q� Wd Wd � Ills INN W 5311 West McFadden Avenue _ F 1 ,000 Sq. Ft. Buffer Map City Council 18 - 136 2/3/2026 i - • ii 1 1 1 1 niill i( _ � •�� — ' i ' � 1 Gt�t7',.� •�Ai �f� , ��' 4 "y�-�G, s � rP� ��1:���, A�1 �, r• `fir rl?� 1`j 11�.. i• 1 T� K%mo#AA NOTICE OF PUBLIC HEARING BEFORE THE SMMIS ANA _ PLANNING COMMISSION This Cityoll.Is being rem lo�hose whourages rl live olic r owgpaniciPat.in the decision-making Process. or who have expressed an Interest In the proposedraction.We iencoin... oura et of the protect site f' prior Io the Public Hearin II 9 You t0 contact us 1W9 You have any questions. 53iSPlannln Commisslon.II n:The Planning Commissfonwig Ida Public Heanngtoreceire lesemony arM wll lake acpon on the item damnbed below Decision on This matter well he(final unless ! aPPealed pursuant[o Aruda V of Cha 1TDbliC days ci the tleasron b an Mer 41 0l the Santa Ana MunidpaI Code within 1fi calendar Y y interested party or group. tectljl�r�r 1; 5311 W est McFadden Arenuo located within the SI Zoning tll6lrict. ogle-Family Residence(R7) _3Il`<1 Ao I�-y per'_Fr Karakin Prom y P nPresentng Forty Martyrsa--a Cnuuiragos Mmassian School(Applicant 61 t aMCD-1 je I��`The applicant Is requesGn a rch(Propeny pwrl¢7 ) sguarflcot clasypembu,dinglbBm eandnacilr[alerihe of CruyitiOnal Use Permi conslNclion pl a new Iv; _(CUP)No.i962 9 PtIa31c school. o story.4,E4n. CEOA Gu Ilm l:In accomanca wim melC;arf r Qea61 fMrnor Adbrlans m the protect u exempt Irom a nrtlla Enw IiK'tl for m,s &naoh Itha CE fOnmanlal yAcl(CEOA Protect. OA Gurdalrnes.Ca e8.rE%ant to Class 14,Seotion 15311he 4 In De ..nip on ER No.2023.3a Null be Cauncn Chamber The myter will IM nedrd Ihis meeting In p won is Cenicr Plaza Santa Ae daY,October 27,E wnuyly I Ihs meebrtg loin vq Zoom.For nd,CA 92701.Mem Gf 1 5:30 p,m.y tha Ci i "e4-to2'. please vsrt h 'Os'. inlwmatron'r-bec maYaltend I nnrn how lO Pdnlcipala tyY amyl m p A Tt m0u are unalya to paraeipata in I n r n- rl -m tin. +•� Aaa.t CA 92)0 pen.Racartl�nq Sacratay,G lemnca the Apergs�a r^aY send wrinan c0 Comments r Vetl adLne to subma wnaen ry of Santa Ana.2Dp mtmo enlor plazat�t �nbd De 20, d V1or� i ahar tho deaelina commonls Is a;ap M mar rat ee d�subuleamtne comml,ano°,omY wOr ma maehng. kao wrw r 11 ba made Pan a'ulPi![kamizoa. mrvmam.may�t' aamlan,elylo�z nape,° o�io lxmilucnega.!^0 PtanM FFe�rn�y�ry�a fvia 114rne lWokn Should you haVa an M'.>p oivlelo b,p Ya, Orror aauwF ar W roo t1w daasbn err ' 1/y1a166 CanldCt C899 1 ep1r^sPorxlerrPa Mil n°alb ryMy Yea A6oVa matter.You roo 2T92M by amyl le,me pudic hea,Irroh'11w PIOMi �md,c ha Y M 1Mnetl to rq C°^enis pn aBa^1'bed rn r 1 ten SIINne e1p^ ilY Counplu m�s Mlrcpr araaYhosa Prpun4s en esDNol.la c tlha C'tY or Santa Ana at,or s14u ckn 14n 14c hang 114r1p V141,y�r Nnt 1�L Dame�Plen(714166>- Krlallo 2732. He ITIa)66T.2206, a 4e ! i \ i F I 1 Planning Commission 10/27/2025 Planning Commission Regular Meeting Agenda Minutes October 27, 2025 5:30 P.M. Council Chamber 22 Civic Center Plaza Santa Ana, CA yr.>w 9 ISURI S. RAMOS Chair, Ward 3 Representative CARL BENNINGER CHRISTOPHER LEO Vice-Chair, Citywide Representative Ward 4 Representative MANUEL J. ESCAMILLA JENNIFER OLIVA Ward 2 Representative Ward 6 Representative BAO PHAM ALAN WOO Ward 1 Representative Ward 5 Representative Ali Pezeshkpour, AICP Executive Director Melissa M. Crosthwaite Ricardo Soto, AICP Gema Zapien Legal Counsel Planning Manager Recording Secretary In compliance with the Americans with Disabilities Act(ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz,City ADA Program Coordinator,at(714)647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.The City Council agenda and supporting documentation can be found on the City's website—www.santa-ana.org/city-meetings. City Council 18 — 139 2/3/2026 2 Planning Commission 10/27/2025 CALL TO ORDER Commissioners: Isuri S. Ramos, Chair Carl Benninger, Vice-Chair Christopher Leo Manuel J. Escamilla Jennifer Oliva Bao Pham Alan Woo Executive Director Ali Pezeshkpour, AICP Legal Counsel Melissa M. Crosthwaite Planning Manager Ricardo Soto, AICP Recording Secretary Gema Zapien ROLL CALL Minutes: Quorum was reached at 5:34 PM with Commissioner Escamilla arriving at 5:34 PM and Commissioner Leo absent. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS CONSENT CALENDAR ITEMS a. Minutes Recommended Action: Approve Minutes from October 13, 2025. b. Excused Absences Recommended Action: Excuse absent commissioners. Moved by Commissioner Woo, seconded by Commissioner Escamilla to Approve. YES: 6 — Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0— ABSTAIN: 0 — ABSENT: 1 — Christopher Leo Status: 6 - 0 - 0 — 1 — Pass *End of Consent Calendar* BUSINESS CALENDAR City Council 18 — 140 2/3/2026 3 Planning Commission 10/27/2025 Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter on October 17, 2025 and notices were mailed on said date. 1. MODIFICATION OF CONDITIONAL USE PERMIT NO. 1982-18, FOR THE PROPERTY LOCATED AT 5311 WEST MCFADDEN AVENUE LOCATED WITHIN THE SINGLE-FAMILY RESIDENCE (R1) ZONING DISTRICT Project Applicant: Rev. Fr. Karekin Bedourian with Ari Guiragos Minassian School (Applicant) representing Forty Martyrs Armenian Church (Property Owner) Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) No. 1982-18-MOD-1 to modify CUP No. 1982-18 and facilitate the construction of a new two-story, 4,846-square-foot classroom building for the existing private school. Environmental Impact: In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Class 14, Section 15314 (Minor Additions to School) of the CEQA Guidelines. Categorical Exemption ER No. 2023-34 will be filed for this project. 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) Recommended Action: Adopt a resolution approving Conditional Use Permit No. 1982-18-MOD-1, as conditioned. Minutes: Staff provided a short presentation. Commission had questions for staff. Staff answered questions from the Commission. Commission had questions for the applicant. Jim Gartner, on behalf of the applicant, answered questions from the Commission. City Council 18 — 141 2/3/2026 4 Planning Commission 10/27/2025 Resident Edward Gutierrez spoke in opposition to this project via Zoom. Moved by Commissioner Benninger, seconded by Commissioner Escamilla to Approve. YES: 6 — Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0— ABSTAIN: 0— ABSENT: 1 — Christopher Leo Status: 6 -0 - 0 — 1 — Pass *End of Business Calendar* STAFF COMMENTS Minutes: Staff had comments for the Commission. COMMISSIONER COMMENTS Minutes: Commission had comments for staff. ADJOURNMENT The next meeting of the Planning Commission will be on November 10, 2025, at 5:30 PM in the Council Chamber located at 22 Civic Center Plaza, Santa Ana, CA 92701. Minutes: Meeting was adjourned at 6:17 PM. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten-day appeal period, unless the City Council in compliance with section 41-643, 41-644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. City Council 18 — 142 2/3/2026 5 Planning Commission 10/27/2025 MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: • Click on the link on top of this agenda OR • Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: • Download the free Zoom Cloud Meetings app from your favorite app store. • Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: • Dial (669) 900-6833. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: • E-mail PBAecomments@santa-ana.org and reference the topic in the subject line. • Mail to Gema Zapien, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments, including any supplement materials for consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. All attendees wishing to submit written comments or supplemental materials for distribution to Planning Commission members during the in-person meeting must provide 15 printed copies. TRANSLATION SERVICES- Members of the public may request an interpreter 48 hours in advance to assist a non-english speaker during the public comments sections of the meeting. Notification of 48 City Council 18 — 143 2/3/2026 6 Planning Commission 10/27/2025 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) in addition to those wishing to address the Commission at the podium. Los miembros del publico pueden solicitar un interprete con 48 horas de anticipacion Para asistir a una persona que no habla ingles durante la seccion de comentarios publicos de la reunion. La notificacion con 48 horas de anticipacion permitira a la Ciudad hacer los arreglos razonables necesarios Para garantizar el acceso a esta reunion. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos v la interpretacion consecutiva (espanol a ingles)tambien esta disponible Para cualauiera que desee dirigirse a la Comision en el podio. City Council 18 — 144 2/3/2026 � - bOLZ6 tl0 'tl Ntl tl1Ntl5 _ - 311N3AV N300VJ0N 1S3M LIES - _ g N 0 1 S N V d X 3 3 1 I S :+G 44 dd E l 0 0 H 0 S 3 l 0 0 I A H O a n H 0 u _ N VI N 3 N d V S1AidVA Ala Od 5a 3 D.-..-r.z _ _W Qq =a xe c LU a LU W LU 8 N W O LL J LL Z � � O 1 VJ W ® � C - _co n L U L U L. 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O O I ��Seats Seats �© b0LZ6 tlO 'tl Ntl tl1Ntl5 � Ln 31IN3AV N300VJON 1S3M LIES N 0 1 S N V d X 3 3 1 I S ° _ o 41 1< l 0 0 H 0 5 3 l 0 0 1 W H O a fl H O _ H - NVIN3NdV S1JAidVA AlaOd e fi w G p 9 r r V y y g s 6 III III (� CD Z z Q O A Cl J O LJ ;� U ZD ZD—J @ m LU m 2 z s e a U z U 0 w 0 W LU 0 W W e } e W 4 N K U) O I 0 _ w 0 Q o a I � ' o I � Q LULU W W � I N 4-j LUZD 0 U) 71 it - 18 IB 4. d -�i bOLZ6 tlO 'tl IN tl1Ntl5 _ - 311113AV N30CVJON 1S3M LIES i- _ N 0 1 S N V d X 3 3 1 S "'X ° - 41 141 � l 0 0 H 0 S 3 l 0 C I A H O a In H 0 0 _ - NVIN3NdV S1AidVA AiaOd - e fi w G V yyg 3a YID z - I - 0 J RITE m m s LLI Z Z O O — ~ Q Q I I C> U � II ZD Cl LLJ W a � 0 � - i g W c W dal Cl- i Z \ — g i J H i Q I Q � W WI J � J W o LU _ CO ,-i Ml [If W O z - - - - - lll d 8Pt 1�5 �1 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) Appeal Application No. 2025-02 Pursuant to Section 41-645 of the SAMC, the appellant is requesting the following: 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 Planning Commission; 3. Conduct at minimum an Initial Study as part of 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, if it cannot demonstrate compatibility, deny the project. The appellant does not provide any evidence to substantiate that the proposed project would adversely impact the community, pursuant to Section 41-638 of the SAMC. Specifically, the appellant does not provide evidence 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 conditions 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. Nevertheless, a comprehensive response on the appeal items previously outlined has been prepared. All the appellant comments listed below have been summarized for brevity; however, the full comments can be viewed in Exhibit 1 of the full appeal application packet. Analysis of Appeal 1. Appellant Request: The following procedural deficiencies materially limited the ability of affected residents to participate meaningfully in the public review and hearing process, result in an incomplete an imbalanced record prior to approval. The list of procedural deficiencies includes notice irregularities, limited access time for public review, unsolicited purchase offer to the only R-1 residence sharing a direct boundary with the applicant's institutional property, complexity of materials and burden shift to the public, mischaracterization of the Trust property's proximity and impact, omission of multi-institutional corridor context, lack of existing classroom and enrollment baseline 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 event use within the corridor, limited public participation at the hearing, imbalanced hearing structure and limited opposition time, and predetermined outcome. Analysis of Issue: Exhibit 6 — Response to Appeal Comments ity ouncil 18 — 154 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) Notice Irregularities — The public notice contained all the necessary information that is legally required as it followed the City's standard template for all public notices. The legally required information on the public notice served its intended purpose as the appellant was able to attend and participate during the Planning Commission public hearing that took place on October 27, 2025. A Copy of the public notice is attached to Exhibit 3 of Appeal Application No. 2025-02. The appellant's claim states that the public notice hearing received was addressed to the occupant of the property and it referenced CUP No. 2025-21, rather than CUP No. 1982-18-MOD-1, which contributed to the appellant disregarding the notice. The information listed on the envelope used a number initially assigned to the submitted CUP application that is used internally for land use management and permit record purposes. Additionally, the information referenced on the envelope is used for mailing purposes only. Public notices are mailed out to property owners and occupants/tenants. . Limited Access Time for Public Review — The agenda packet for the proposed project was posted in accordance with all applicable laws. Furthermore, the public was afforded 72 hours to access and review the public hearing agenda for the Planning Commission meeting that took place on October 27, 2025 pursuant to Section 2-150 of the Santa Ana Municipal Code (SAMC) and California Government Code Section 65090. The notice included the project address, the project's applicant and property owner names, a brief project description, the environmental impact determination, the public hearing meeting details, information regarding where to submit written comments for the project, and the contact information for the case planner who assists with project specific related questions. Unsolicited Purchase Offer to The Only R-1 Residence Sharing A Direct Boundary with The Applicant's Institutional Property — The City bears no responsibility for the applicant's decision or actions in presenting a cash offer to purchase the property. This matter constitutes a private civil dispute between the respective property owners. Complexity of Materials and Burden Shift to The Public — The documents presented for the proposed school expansion at 5311 W. McFadden Avenue are consistent with the materials presented for any project of similar complexity and included a staff report, Planning Commission resolution, vicinity zoning and aerial map, site photos, site plan, floor plan, elevations, focused traffic study, parking Exhibit 6 — Response to Appeal Comments ity ouncil 18 — 155 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) demand analysis, and a copy of the public notices. Moreover, City staff prepared and presented a PowerPoint presentation that provided a clear and concise summary of the documents referenced above. The presentation was intended to assist the Planning Commissioners and members of the public in understanding the project by simplifying complex and highly technical information into a more accessible and digestible format for individuals who are not subject matter experts. Consistent with practice with all commissions and City Council meetings, City staff made themselves available for questions at the end of the oral presentation that took place during the public hearing meeting. Furthermore, in attempt to answer the public comments received, the Planning Commissioners asked City staff clarifying questions specific to the CEQA analysis, traffic and parking impacts, and cumulative impacts of the project. A copy of the staff presentation is attached as Exhibit B at the end of the of this response to appeal comments. Mischaracterization of The Trust Property's Proximity and Impact— Page two of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report) includes Table 1 below illustrating the surrounding land uses, as shown below, the single-family residence is noted to exist on the west side of the proposed project. (The single-family residence is highlighted for clarity in this exhibit.) Table 1 Item Information Project Address & Council 5311 West McFadden Avenue (Ward 1) Ward Nearest Intersection Euclid Street and McFadden Avenue General Plan Designation Low Density Residential LR-7 Zoning Designation Single-fa il 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 s . 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 Moreover, the staff presentation provided during the public hearing that took place on October 27, 2025 included slide three, outlining surrounding land uses and an aerial view of the project site. The proximity to residential land uses was not Exhibit 6 — Response to Appeal Comments ity ouncil 18 — 156 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) misrepresented, as it was noted to be adjacent to the project site. In addition, conditions of approval were incorporated in the resolution to mitigate potential traffic, parking, and noise concerns. Omission of Multi-Institutional Corridor Context—As stated on pages four and five of the Planning Commission staff report (Exhibit 3 to February 3, 2026 City Council staff report), the proposed project is located within an existing church and school campus surrounded by a commercial center and a cultural center to the east and two churches and a Catholic Grade School to the southwest. Additionally, the focus parking study included a parking and access agreement between 5311 W. McFadden Avenue and 5305 W. McFadden Avenue. The shared access between these properties further relieves any potential parking and traffic impacts imposed by the proposed project. Lack of Existing Classroom and Enrollment Baseline Data—As stated on page five of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the current student enrollment is 180 students and the proposed addition is expected to increase enrollment to 195 students, representing an eight-percent increase in enrollment. Additionally, as part of the recommended approval, staff included a condition of approval capping the student enrollment at 195, requiring a submittal of an application to the Planning Division for review should the applicant wish to amend the CUP, and a potential revocation of the CUP if the applicant fails to comply with all the conditions of approval listed in Exhibit 1 — Resolution for CUP No. 1982-18-MOD-1. Inadequate Consideration of Land Use Changes — The proposed project does not involve a change in land use. The proposed project site is currently developed and occupied by a school and a church. The project proposes the construction of a new two-story building on a portion of the site that is presently paved with no specific use nor purpose. Potential traffic and parking impacts associated with the project were evaluated as part of the development project review conducted prior to the project's consideration by the Planning Commission for review and approval. Omission of Dual Use Impact on Adjacent Residential Property — As stated on pages five and six of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the proposed project is not intended to change operational standards. The school is currently using the playground as a Exhibit 6 — Response to Appeal Comments ity ouncil 18 — 157 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) playground during school hours, and that same space is used as a parking lot when the school is not in hours of operation. Failure to Include Enrollment Growth Enforcement Measures — On page 8 of the Planning Commission Resolution for CUP No. 1982-18-MOD-1, include condition of approval number five (5), which caps the student enrollment at 195 students (Exhibit 3 to the February 3, 2026 City Council staff report). Failure to Disclose Commercial Event Use Within the Corridor—As evaluated on page three of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the church and the school have separate hours of operation. Illustrated in Table 2 below are the hours of operation for the existing school: Table 2 Hours of Operation I 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. 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, school operations will not interfere with church operations and will not generate conflicts in scheduling or use of facilities. Moreover, 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 that was prepared Exhibit 6 — Response to Appeal Comments ity ouncil 18 — 158 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) for the project, 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. Limited Public Participation at The Hearing and Imbalanced Hearing Structure and Limited Opposition Time — The Planning Commission public hearing that took place on October 27, 2025 pursuant to Section 2-150 of the Santa Ana Municipal Code (SAMC) and California Government Code Section 65090. Moreover, the appellant submitted a written public comment that was distributed to the Planning Commission members for consideration and was provided the standard three (3) minutes to share public comment in real time during the public hearing. The timed public comment and structure of the meeting complied with all aspects of Brown Act. The court case Ribakoff v. City of Long Beach, et al established that three (3) minutes is a reasonable time for public comment while additional time can be allotted to staff, the applicant, and other subject matter experts to present and answer project related matters. Predetermined Outcome — The appellant has provided no substantive proof or evidence beyond this statement that the outcome of the Planning Commission's consideration was predetermined. All staff reports and exhibits presented to the Planning Commission and/or City Council are thoroughly reviewed by City staff prior to making a recommendation. The proposed project underwent a development project review application, where various relevant elements were reviewed prior to staff recommending approval of the project. When staff determines a project has complied with all applicable codes (i.e., zoning code, development standards, California building code, CEQA and CEQA Guidelines, Orange County Fire Authority regulations, etc.) the staff report is drafted with the approval recommendation for the Commission to review. As such, the CEQA determination was included as part of the staff report recommending that the Planning Commission approve the project to ensure that if the voting body votes to approve a project, the project can demonstrate that it was thoroughly reviewed. Exhibit 6 — Response to Appeal Comments ity ouncil 18 — 159 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) 2. Appellant Request: CEQA Misapplication and Class 14 Inapplicability. Analysis of Issue: As of January 6, 2026, the California Department of Education (CDE) lists the status of the Ari Guiragos Minassian Armenian School as active. Additionally, the status of the school on the CDE directory is not relevant to the CEQA determination for the project. Section 15314 (Class 14) of the CEQA Guidelines consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25 percent or ten classrooms, whichever is less. As stated in the staff report, the proposed addition will increase the student capacity eight percent, which is significantly less than 25 percent, and it only proposes to add four classrooms and one laboratory. When a CEQA exemption is identified and can be applied to a proposed project, additional environmental review is not necessary. The proposed project qualified for a Class 14 exemption, pursuant to the CEQA guidelines, which exempted the project from further environmental review. 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 to the February 3, 2026 City Council staff report), and it will not cause substantial adverse change of a historical resource. Nevertheless, the applicant prepared focused traffic studies and parking management plans to identify any potential negative impacts of the proposed project. The technical studies did not identify negative impacts that would hinder the project from operating. On the contrary, the studies identified mitigation measures to prevent potential traffic and parking impacts to the neighboring properties. As stated on pages five and six of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the school would continue to Exhibit 6 — Response to Appeal Comments ity ouncil 18 — 160 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) operate during the same business hours, stagger recess times for students to mitigate noise concerns, and stagger pick-up and drop-off times to mitigate potential traffic impacts on McFadden Avenue and Euclid Street. 3. Appellant Request: Multi-institutional Corridor Conditions and Impacts Analysis of Issue: The project property currently operates as an integrated church and school campus since 1982. Additionally, the project property maintains a shared access and parking agreement with the property located at 5305 W. McFadden Avenue to mitigate potential traffic impacts along McFadden Avenue. The project site also has an emergency access agreement with the property located at 5321 W. McFadden Avenue. However, the access agreement is only used for emergencies. The sites do not shared traffic circulation during regular business operations. Pedestrian and vehicle access for all sites along McFadden Avenue, including 5311, 5315, 5305, and 5321 W. McFadden Avenue is limited to all the driveways and sidewalks located along McFadden Avenue. No vehicles nor pedestrians can access the previously mentioned addresses from Tampion Avenue. Moreover, as stated in the staff report, the addition of the new school building is only anticipated to increase student enrollment by approximately 15 students. The current operations of the school and the church will remain the same. As demonstrated by the focused traffic analysis and the parking management plan, the addition to the school will not introduce cumulative impacts to the surrounding residential land uses. 4. Appellant Request: Improper Use of CUP Modification Process Analysis of Issue: The appellant claims that the City's decision to process the application as a modification rather than a new application limited the review of the proposed project. However, the process for new conditional use permit applications and modifications to existing entitlements are treated equally and are required to establish the findings in Section 41-638 of the SAMC. Additionally, as stated on recital number E on the first page of the resolution for the Planning Commission Exhibit 6 — Response to Appeal Comments ity ouncil 18 — 161 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the project underwent a development project review application where City staff conducted a thorough review of the project. The review consisted of reviewing updated architectural plans, focus traffic studies which involved the new integration of the seventh and eighth grades, updated parking management plan to account for the increase of 15 students, and overall operations of the school and church. The development project application was submitted on February 9, 2023, and deemed complete on August 7, 2025. As part of the development project review process, the application was evaluated by City staff including the Planning Division, Building Division, Public Works Development Engineering, Public Works Water Division, and the Orange County Fire Authority. Additionally, the application was considered a modification of an existing CUP, because the proposed land uses and operational standards will remain the same. The only proposed change is to increase the student enrollment by 15 students and incorporate seventh and eighth grade students. Moreover, as stated on pages four and five of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the Planning Commission approved CUP No. 1982- 18 and Variance No. 1982-20 in 1982, allowing the construction of the church building and the 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. However, 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. The proposed modification was intended to allow the same land uses with a higher number of students and incorporating the new seventh and eighth grades. 5. Appellant Request.R-1 Residential Protection &Land Use Compatibility Violations Analysis of Issue: The appellant claims that approval of the expansion of the existing school violated the General Plan land-use policies intended to safeguard residential neighborhoods from intrusion by intensified institutional uses. As stated on page Exhibit 6 — Response to Appeal Comments ity ouncil 18 — 162 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) seven of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the new proposed school expansion 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 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 Exhibit 6 — Response to Appeal Comments ity ounci 18 — 163 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) 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. The proposed school expansion does not include additional outdoor activities that would intensify or materially alter the existing on-site operations. The school's current hours of operation will remain unchanged. Furthermore, the expansion does not propose additional exterior lighting, as the majority of on-site activities occur during regular business hours and daylight conditions. Lastly, the proposed school expansion is located approximately 230 linear feet from the residence at 5401 W. Tampion Avenue, providing adequate separation from the residence. 6. Appellant Request: Disability & Senior Resident Impacts (ADA/FHA/Government Code Section 11135. Analysis of Issue: City staff reviews all new development projects to ensure compliance with applicable requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). This review focuses on confirming that the proposed project incorporates required accessibility features appropriate to the project's occupancy type, including but not limited to accessible routes, ramps, and other necessary accommodations. Moreover, projects that include residential development are evaluated for compliance with FHA regulations to ensure that the project does not result in discriminatory housing practices and provides required accessibility features where applicable. The City's review of a new development project is limited to evaluating the proposed project itself and ensuring that it meets all applicable federal, state, and local nondiscrimination and accessibility standards. The City is not required to evaluate or enforce ADA or FHA compliance of surrounding properties as part of the project approval process. Conditions or accessibility features on adjacent or nearby properties that are not part of a project do not affect the City's determination regarding compliance or approval of a proposed project. 7. Appellant Request: Conditions of Approval Failures & Lack of Mitigation Measures Analysis of Issue: Exhibit 6 — Response to Appeal Comments ity ounci 18 — 164 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) Mitigation measures are not required by the CEQA Guidelines for categorically- exempt projects, such as the proposed Project. As outlined on pages eight through eleven of the resolution of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report) which approved the proposed school expansion, the following conditions were incorporated to address potential impacts associated with the proposed addition, to ensure neighborhood compatibility, and to ensure ongoing compliance with applicable regulations: • Condition number five — 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. • Condition number six — All outdoor play and recreation 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. • Condition number seven — 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. • Condition number eight— 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. • Condition number nine — 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 Exhibit 6 — Response to Appeal Comments ity ounci 18 — 165 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) 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 approval to ensure continued compliance. • Condition number ten — 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. • Condition number twelve — 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. • Condition number thirteen — Site exterior noise levels must remain in compliance with Section 18-312 (Exterior Noise Standards) of the Santa Ana Municipal Code at all times. • Condition number fourteen — 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. 8. Appellant Request: Cumulative Impact Failure Analysis of Issue: Section 21100 of the California Environmental Quality Act (CEQA) requires lead agencies to prepare and certify an Environmental Impact Report (EIR) for any project proposed for approval that may result in significant environmental effects, including cumulative impacts. Furthermore, Section 15130(b) provides direction on when and how cumulative impacts must be analyzed under CEQA, specifically Exhibit 6 — Response to Appeal Comments ity ounci 18 — 166 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) stating that cumulative impact analysis is required only when a project may contribute to a cumulatively considerable significant environmental impact. If a project's contribution to cumulative impacts is not cumulatively considerable, no further cumulative analysis is required. As proposed, the project does not have cumulative impacts that are considerable and qualifies for an exemption from further CEQA review pursuant to CEQA Guidelines Section 15314 (Class 14). Class 14 exempts minor additions to existing schools from CEQA review when the addition does not increase original student capacity by more than 25 percent or ten classrooms, whichever is less. The proposed school expansion would result in an eight percent increase in student enrollment and includes a total of five new classrooms, which is well within the thresholds established under the Class 14 exemption. As a result, the project is exempt from the requirement to prepare an Environmental Impact Report, and the lead agency is therefore not required to certify an EIR for this project. As previously stated, the City's review of a new development project is limited to evaluating the proposed project itself and ensuring that it meets all applicable federal, state, and local laws. 9. Appellant Request: Failure to Consider Feasible or Less Intrusive Alternatives Analysis of Issue: Projects that are categorically exempt from further environmental analysis are not required to prepared alternative design or site plan analysis. Furthermore, as previously stated and discussed in the Planning Commission staff report and resolution (Exhibit 3 to the February 3, 2026 City Council staff report), the project undergoes a development project review where City staff ensures compliance with Federal, State, and City codes. As such, staff must ensure that the project complies with zoning regulations, which require compliance with development standards including, but not limited to the following: • Setbacks from property lines • Adequate landscape • Design quality • Building Height The proposed project's location, lot configuration, proximity to residential properties, and existing construction limit the options available to construct the desired addition to the school. Reconfiguring the floor plan of the existing school building would not be a feasible option, as the project is responsible for compliance with Chapter 3 Occupancy Classification and Use) of the California Building Code Exhibit 6 — Response to Appeal Comments ity ounci 18 — 167 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) (CBC). An increase in student enrollment would not be feasible within the existing school building. Therefore, the most feasible option was to construct a new building. The proposed project's design demonstrated to be the least intrusive as it maintained a 230-foot distance from the residences located along the west property line and was contained within the rear of the subject property. The location of the school expansion at the rear of the property was intended to diminish visual and traffic impacts along McFadden Avenue. 10.Appellant Request: Improper Use of CEQA Exemption as a Substitute for Environmental Review Analysis of Issue: 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 which lands within the threshold of the Class 14 exemption. Based on this analysis, the project is exempt from further environmental review. 11.Appellant Request: Public Interest and Equity Considerations Analysis of Issue: City staff conducted the review of the proposed school expansion in accordance with all applicable Federal, State, and City codes. Additionally, City staff can only recommend approval of a project if the project can demonstrate that all five findings in Section 41-638 of the SAMC have been established. As stated in the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report) and the analysis below, the project meets the findings required to recommend approval of the project. 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 school to continue their education through the eighth grade without the need to transfer to another institution. By retaining Exhibit 6 — Response to Appeal Comments ity ounci 18 — 168 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) 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 neighborhood 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 proposed expansion is modest in 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 Exhibit 6 — Response to Appeal Comments ity ounci 18 — 169 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) 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, including building height, setbacks, and site access requirements. Although the site provides 88 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 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, the proposed school building will maintain the aspect of the neighborhood while providing an added service to the community. Exhibit 6 — Response to Appeal Comments ity ounci 18 — 170 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) 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. 12.Appellant Request: Conclusion & Requested Actions a. Vacate the Approval of CUP No. 1982-18-MOD-1 b. Remand for Proper and Lawful Reconsideration c. Require Appropriate Environmental Review Prior to Any Reconsideration d. Applicant and City Must Bear the Burden of Demonstrating Compatibility e. If Compatibility Cannot be Demonstrated, the Appropriate Outcome is Denial of Expansion at this Location Analysis of Issue: As noted on the thorough responses previously provided, City staff conducted the review of the proposed school expansion in accordance with all applicable Federal (public notices and public comment), State (Government, Civil, and Environmental Codes and Guidelines), and City (Buildings/Structures, Health/Sanitation, and Zoning) codes. Staff recommended approval of the request because it deemed that the project met and satisfied all five of the specified findings of fact required Exhibit 6 — Response to Appeal Comments ity ounci 18 — 171 2/3/2026 Appeal Application No. 2025-02 — Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) by SAMC Section 41-638(a)(1) for approval of a CUP. 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Accounts describe the deployment of rubber bullets, tear gas, and other crowd-control weapons against demonstrators, prompting community concerns about whether the response was justified, proportional, and consistent with City policy, constitutional standards, and the City's commitments to transparency and public trust. Public demonstrations are a protected form of civic participation. When law enforcement deploys military-style equipment, non-lethal munitions, and chemical agents during such events, the City has a responsibility to provide full transparency regarding the decision- making, costs, coordination, and impacts of that response — particularly when there are reported injuries to demonstrators. To ensure accountability and public confidence, this item requests that the City Council direct the City Manager, in coordination with the Santa Ana Police Department and relevant City departments, to prepare a comprehensive public report and direct the Police Oversight Commission to hold a public hearing addressing the following: Requested Scope of Report and Hearing 1. The total cost associated with the law enforcement response, including personnel overtime, equipment deployment, and munitions. 2. A full inventory of weapons and "less-lethal" munitions deployed, including rubber bullets, tear gas, pepper balls, and related crowd-control devices. CITY ATTORNEY CITY MANAGER CITY CLERK Cnnia R AIvarn Ni lFi— 1a nifar I Hall City COUr1Cll 20 CIVIC CENTER PLAZA-P.O. BOX 1988, M319 SA ANA, CALIFORNIA 92702 2/3/2026 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org 3. Body-worn camera footage and any available aerial or surveillance footage of officers during the deployment of force, including the firing of rubber bullets and use of chemical agents, subject to legally required redactions. 4. Injury reports documenting injuries to demonstrators, officers, and any members of the public, including medical treatment provided or reported. 5. Operational planning and command decisions that led to the use of force, including rules of engagement and escalation protocols. 6. Inter-agency communications and coordination, including communications between the Santa Ana Police Department and the Orange County Sheriff's Department, federal agencies, or other local law enforcement agencies before, during, and after the incident. 7. Any after-action reports, internal reviews, or policy assessments conducted or planned by the Santa Ana Police Department related to this incident. Additionally, this item requests that the Santa Ana Police Oversight Commission be formally directed to hold a public hearing on this incident, receive community testimony, and provide findings and recommendations to the City Council. SUBMITTED BY Councilmember Benjamin Vazquez CITY ATTORNEY CITY MANAGER CITY CLERK Cnnia R AIvarn Ni lFi— 2 _lannifar I Hall Clty Council20 CIVIC CENTER PLAZA-P.O. BOX 1988, M319 SA ANA,CALIFORNIA 92702 2/3/2026 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org