Agenda — Stanton City Council, February 22, 2022 (part 1 of 4)

Stanton City Council Agenda Prepared by the Office of the City Clerk February 22, 2022

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, FEBRUARY 22, 2022 - 6:30 P.M. (VIRTUAL)
SAFETY ALERT – NOTICE REGARDING COVID-19
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

The President, Governor, and the City of Stanton have declared a State of Emergency as a result of the threat of COVID-19 (aka the “Coronavirus”). On September 16, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom to allow for the City Council to attend City Council meetings electronically/telephonically and for the public to participate in the City Council meeting by electronic means. Given the health risks associated with COVID-19 and the recent surge of the Omicron variant, state and local officials are recommending measures to promote social distancing. To that end, the Stanton City Council will return to virtual meetings until further notice. The health and well-being of our residents and staff is the top priority for the City of Stanton, and people are urged to take all appropriate health safety precautions.

Members of the public will be able to access the meeting live electronically/telephonically using any of the following sources.

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 900-9128 US (San Jose).

2. Dial in the following Meeting ID: (857 8251 7912) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the URL link below:
• https://us02web.zoom.us/j/85782517912?pwd=aVgwMU4rK0VLaThtRmNGZ1pTU3ZYUT09

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:

E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the meeting (Tuesday, February 22, 2022) will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

The Stanton City Council and staff thank you for your continued patience and cooperation during these unprecedented times. Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245.

Stanton City Council Agenda Prepared by the Office of the City Clerk February 22, 2022

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The City Council agenda and supporting documentation is made available for public review and inspection during normal business hours in the Office of the City Clerk, 7800 Katella Avenue, Stanton California 90680 immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes place on Thursday afternoons prior to the regularly scheduled meeting on Tuesday. The agenda packet is also available for review and inspection on the city’s website at www.ci.stanton.ca.us.

1. CLOSED SESSION None.

2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

3. PLEDGE OF ALLEGIANCE

4. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Van
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairman Ramirez
Mayor / Chairman Shawver

5. SPECIAL PRESENTATIONS AND AWARDS
Townsend Public Affairs State and Federal Legislative report and update.

6. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.

CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE

PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.

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6B. APPROVAL OF WARRANTS
City Council approve demand warrants dated January 28, 2022 – February 22, 2022, in the amount of $311,449.02.
6C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – February 22, 2022.
6D. DECEMBER 2021 INVESTMENT REPORT
The Investment Report as of December 31, 2021, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Receive and file the Investment Report for the month of December 2021. 6E. DECEMBER 2021 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of December 31, 2021, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTION:

1. Successor Agency find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Receive and file the Investment Report for the month of December 2021.

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6F. DECEMBER 2021 GENERAL FUND REVENUE AND EXPENDITURE REPORT AND

STATUS OF CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended December 31, 2021, has been provided to the City Manager in accordance with Stanton Municipal Code Section

2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund. In addition, staff has provided a status of the City’s Capital Improvement Projects (CIP) as of December 31, 2021.

RECOMMENDED ACTION:

2. Receive and file the General Fund and Housing Authority Fund’s December 2021 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended December 31, 2021.
6G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA APPROVING SUBDIVISION TRACT MAP NO. 19067
The subdivision tract map for the development of seven detached condominium units for the property located at 7091 Kermore Lane has been submitted by the developer for final certification and recordation.

RECOMMENDED ACTION:

1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332; and

2. Adopt Resolution No. 2022-09 approving final Tract Map No. 19067, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION TRACT MAP NO. 19067
FOR THE PROPERTY LOCATED AT 7091 KERMORE LANE”; and

3. Find that the recordation of Tract Map No. 19067 will not be in violation of any of the provisions of Section 66474, 66474.1, and 66474.2 of the Subdivision Map Act; and Stanton City Council Agenda Prepared by the Office of the City Clerk February 22, 2022

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4. Find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code; and

5. Direct the City Engineer to review and approve any further technical edits necessary to allow for County Surveyor approval and for recordation of the map with the County Recorder of Orange County, and if edits are necessary, to require a revised Tract Map; and

6. Direct the City Engineer to collect any security instruments required by the Stanton Municipal Code and the Subdivision Map Act to guarantee construction of private and public improvements prior to the City Clerk endorsing the City Clerk’s certificate on the face of the Tract Map; and

7. Direct the City Clerk to endorse on the face of the map of the Tract Map, the certificate which embodies the approval of said map, and submit the map to the County Recorder of Orange County for recording.
6H. AWARD OF CONTRACT TO RJM DESIGN GROUP TO PROVIDE PROFESSIONAL

DESIGN CONSULTING SERVICES FOR THE DOG PARK DESIGN PROJECT (TASK CODE 2021-205) AND APPROPRIATION OF FUNDS
Earlier this year, a conceptual drawing to develop a 54,886±square-foot vacant, underutilized property that runs diagonally east-southeast from Western Avenue to Cerritos Avenue into a dog park was completed. City staff released a “Request for Proposal” (RFP) soliciting proposals to provide professional design consulting services for the final design and all necessary construction documents for the development of a parkette. City staff believes that RJM Design Group is the best qualified to provide professional design consulting services for the Dog Park design and is recommending award of a design contract to that firm. In addition, staff is requesting City Council approval for an appropriation of $164,000 to increase the budget for the Dog Park Design project from $50,000 to $214,000.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301; and

2. Award a contract to RJM Design Group to provide professional design consulting services for a maximum contract amount of $193,962.00; and

3. Authorize the City Manager to bind the City of Stanton and RJM Design Group in a contract to provide the services; and
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4. Authorize the City Manager to approve contract change orders with RJM Design Group, as needed and determined by City Staff, for any contingencies up to $20,000; and

5. Appropriate $164,000 from the Park In Lieu Fees Fund (#310) to increase the Dog Park Design project’s budget (Task Code 2021-205) to $214,000. 6I. AWARD OF CONTRACT TO BOA ARCHITECTURE TO PROVIDE PROFESSIONAL

BUILDING AND LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR RENOVATIONS TO THE CITY’S FAMILY RESOURCE CENTER
Earlier this year, the City’s Community Services Department obtained a Community Development Block Grant from the County of Orange for renovations to the City’s Family Resource Center. City staff released a “Request for Proposal” (RFP) soliciting proposals to provide building and landscape architectural design services. City staff believes that BOA Architecture is the best qualified to provide professional building and landscape architectural design services for renovations to the City’s Family Resource Center and is recommending award of a design contract to that firm. City staff is also recommending BOA Architecture also provide construction support services.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(a); and

2. Award a contract to BOA Architecture to provide professional architectural design services and construction support services for a maximum contract amount of $57,600; and

3. Authorize the City Manager to bind the City of Stanton and BOA Architecture in a contract to provide the services; and

4. Authorize the City Manager to approve contract change orders with BOA Architecture, as needed and determined by City Staff, for any contingencies up to $20,000.

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6J. AWARD OF CONSTRUCTION CONTRACT TO PRO INSTALLATIONS INC. DBA PROSPECTRA CONTRACT FLOORING FOR SHERIFF’S SUBSTATION FLOORING

REPLACEMENT PROJECT AND APPROPRIATION OF FUNDS
The City of Stanton solicited bids for the services of a qualified professional to replace the flooring at the Sheriff’s Substation located at 11100 Cedar Street. Normal wear and tear throughout the years has necessitated replacement. A total of five (5) bids were submitted and opened on February 7, 2022. Based on review of the bids and contractual documents submitted, City Staff recommends the lowest responsible and responsive bidder, Pro Installations Inc. dba ProSpectra Contract Flooring, be awarded the construction contract. In addition, staff is requesting City Council approve an appropriation of $60,000 from the Capital Projects Fund’s (#305) available balance to fund the amount of the contract and contingency.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(a); and

2. Award a construction contract to the lowest responsible and responsive bidder, Pro Installations Inc. dba ProSpectra Contract Flooring, to provide professional flooring replacement services for the amount of $50,001.60; and

3. Authorize the City Manager to bind the City of Stanton and Pro Installations Inc. dba ProSpectra Contract Flooring in a contract to provide the services; and

4. Authorize the City Manager to approve contract change orders with Pro Installations Inc. dba ProSpectra Contract Flooring, as needed and determined by City staff, for any contingencies up to $10,000; and

5. Appropriate $60,000 from the Capital Projects Fund (#305) for the Sheriff’s Substation Flooring Replacement Project (Task Code 2022-605).

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6K. AWARD OF CONTRACT TO G2 CONSTRUCTION TO INSTALL CATCH BASIN

AUTOMATED RETRACTABLE SCREENS AND CONNECTOR PIPE SCREENS In 2021, City staff applied for competitive grant funding from the Measure M2 Environmental Cleanup Program administered by the Orange County Transportation Authority (OCTA) for the installation of proprietary G2 Construction, Inc. automated retractable screens and connector pipe screens in 109 catch basins to prevent trash from entering local waterways. The OCTA Environmental Cleanup Program Allocation Committee awarded the requested grant funding to the City for these screens, and as such, the City must now proceed with installations.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Accept the Measure M2 Environmental Cleanup Program grant funding in the maximum amount of $101,780; and

3. Waive competitive bidding requirement in the City’s purchasing policy by using the County of Orange Master Agreement with G2 Construction, Inc. to purchase and install the devices; and

4. Approve an appropriation of $127,225 for the City’s Capital Projects Fund (#305) for the Catch Basin Full Trash Capture Installations Project (Task Code # 2022-103), to be funded by a Measure M2 competitive grant and the City’s Gas Tax Fund (#211); and

5. Approve an appropriation of $25,445 from the City’s Gas Tax Fund (#211) to fund to fund the City’s matching requirement; and

6. Authorize the City Manager to make minor changes, if needed, to the City’s construction contract documents with approval of the City Attorney; and

7. Authorize the City Manager to bind the City of Stanton and G2 Construction, Inc. in a contract; and

8. Authorize the City Manager to approve contract change orders with G2 Construction, Inc., as needed and determined by City staff, up to a total contract amount of $127,225.

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6L. AWARD OF CONTRACT TO BGB DESIGN GROUP TO PROVIDE PROFESSIONAL

DESIGN CONSULTING SERVICES FOR ORANGEWOOD PARKETTE AND

APPROPRIATION OF FUNDS
Earlier this year, a conceptual drawing to develop a 9,450±square-foot vacant, underutilized property located at the end of Orangewood Avenue into a parkette was completed. City staff released a “Request for Proposal” (RFP) soliciting proposals to provide professional design consulting services for the final design and all necessary construction documents for the development of a parkette. City staff believes that BGB Design Group is the best qualified to provide professional design consulting services for the Orangewood Parkette design and is recommending award of a design contract to that firm. This project is not included in the City’s Fiscal Year 2021/22 budget.

Therefore, staff is requesting an appropriation of $109,100 from the City’s Park In Lieu Fees Fund.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301; and

2. Award a contract to BGB Design Group to provide professional design consulting services for a maximum contract amount of $89,060; and

3. Authorize the City Manager to bind the City of Stanton and BGB Design Group in a contract to provide the services; and

4. Authorize the City Manager to approve contract change orders with BGB Design Group, as needed and determined by City Staff, for any contingencies up to $20,000; and

5. Appropriate $109,100 from the Park in Lieu Fees Fund (#310) to add the Orangewood Parkette project (Task Code 2022-203) to the City’s Fiscal Year 2021/22 budget.

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6M. AB 1595 – OC VETERANS CEMETERY
Adoption of a Resolution of formal support for Assembly Bill 1595, which seeks to facilitate the authorization of a state veterans cemetery at a location within the County of Orange.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Adopt Resolution No. 2022-11, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DECLARING SUPPORT FOR ASSEMBLY BILL 1595,

WHICH FACILITATES THE AUTHORIZATION OF A STATE VETERANS CEMETERY IN ORANGE COUNTY”.
6N. AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH CHARLES ABBOTT ASSOCIATES, INC. FOR BUILDING SERVICES
Request authorization to allow the City Manager to amend the Agreement with Charles Abbot Associates, Inc., to extend the existing contract from February 22, 2022, through June 30, 2022.

RECOMMENDED ACTION:

1. City Council declare the action not a project as defined by the California Environmental Quality Act (“CEQA”) and will have no result direct or indirect to physical changes in the environment; and

2. Approve the Amendment to the Agreement with Charles Abbott Associates, Inc.; and

3. Authorize the City Manager to bind the City of Stanton and Charles Abbott Associates, Inc. in an amended agreement to provide building services.

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6O. CYPRESS COLLEGE FOUNDATION ANNUAL AMERICANA AWARDS
City Council consider participation through a sponsorship contribution for the 47th Annual Cypress College Foundation Americana Awards Live Stream Gala scheduled for Saturday, March 26, 2022. This gala is used as a fundraiser for the Cypress College Foundation with all proceeds benefiting Cypress College students and programs and also honors the Citizen of the Year from surrounding communities.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Approve the City’s participation through a sponsorship contribution for the 47th Annual Cypress College Foundation Americana Awards; and

3. Direct staff to proceed with selection and purchase of the Benefactor Sponsorship at a cost of $3,000 for the City’s participation through sponsorship contribution for the 47th Annual Cypress College Foundation Americana Awards.

END OF CONSENT CALENDAR
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7. PUBLIC HEARINGS
7A. CONSIDERATION OF REVISED CITY COUNCIL DISTRICT ELECTORAL BOUNDARIES AS REQUIRED BY ELECTIONS CODE SECTION 21601
Pursuant to Election Code section 21601, cities with by-district election systems are required to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. The process to complete the redistricting requires a minimum of four public hearings and dedicated public outreach to ensure minority populations and communities of interest are aware of the redistricting effort and are provided with options to participate. The City held its first public hearing on November 23, 2021, its second public hearing on December 16, 2021, and its third public hearing on January 25, 2022. The deadline for Stanton to complete the redistricting process is April 17, 2022.

RECOMMENDED ACTION:

2. Continue public hearing #4 to the next regularly scheduled City Council meeting of March 8, 2022, at 6:45 pm (City Hall / Council Chambers: 7800 Katella Avenue, Stanton, 90680).

8. UNFINISHED BUSINESS
8A. APPROVAL OF ORDINANCE NO. 1119
This Ordinance was introduced at the regular City Council meeting of February 8, 2022.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1119, entitled:
“AN ORDINANCE ADDING CHAPTERS 19.23 AND 20.211 TO THE

STANTON MUNICIPAL CODE TO REGULATE URBAN LOT SPLITS AND TWO-UNIT PROJECTS UNDER SB 9; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA”; and

2. City Council adopt Ordinance No. 1119.

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8B. CITY OF STANTON’S AMERICAN RESCUE PLAN ACT (ARPA) ALLOCATION OF

FUNDS REVIEW AND UPDATE
Staff will provide an American Rescue Plan Act (ARPA) presentation to provide the City Council with an update and review of the City’s ARPA allocation plans.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Receive and file the presentation.

9. NEW BUSINESS
9A. CONSIDERATION OF RESOLUTION NO. 2022-08 TO PROHIBIT OVERNIGHT

PARKING ON MAIN STREET FROM FLOWER AVENUE TO THE ALLEY BETWEEN COURT AVENUE AND SYCAMORE AVENUE, AND RESOLUTION NO. 2022-10 TO

ALLOW FOR ANGLED PARKING BETWEEN ROSE STREET AND FLOWER AVENUE
The recommended resolution would establish no parking from 12:00 a.m. – 6:00 a.m., seven days per week, on Main Street from Flower Avenue to the alleyway between Court Avenue and Sycamore Avenue. A second resolution would establish new angled parking between Rose Street and Flower Avenue.

RECOMMENDED ACTION:

1. City Council remove any existing time limit parking on Main Street; and

2. Establish “No Parking” hours from 12:00 a.m. - 6:00 a.m. on Main Street from Flower Avenue to the alleyway between Court Avenue and Sycamore Avenue with a tow away enforcement provision; and

3. Adopt Resolution No. 2022-08 entitled:
“A RESOLUTION OF THE CITY COUNCIL OF STANTON,

CALIFORNIA, TO RESTRICT OVERNIGHT PARKING ON MAIN

STREET FROM FLOWER AVENUE TO THE ALLEY BETWEEN COURT
AVENUE AND SYCAMORE AVENUE”; and

4. Declare that this Resolution will not have a significant effect, adverse or otherwise, on the environment pursuant to the California Environment Quality Act (“CEQA”) Guidelines Section 15061(b)(3); therefore, this resolution is found and determined to be not subject to analysis under the California Environment Quality Act of 1970, as amended, or the State CEQA Guidelines; and
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5. Direct the City Engineer to follow-up with surveyed businesses in approximately six (6) months to ascertain the effects of these actions; and

6. Adopt Resolution No. 2022-10 entitled:
“A RESOLUTION OF THE CITY COUNCIL OF STANTON,

CALIFORNIA, PERTAINING TO ANGLED PARKING ON MAIN STREET BETWEEN ROSE STREET AND FLOWER AVENUE”; and

7. Declare that this Resolution falls within the commonsense exemption to the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Notably, the Resolution will not result in any construction or development that could have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) Accordingly, this Resolution, and all parking configurations authorized hereby, are found and determined to be exempt from CEQA. Moreover, the implementation of angled parking on Main Street is additionally categorically exempt from CEQA under the Class 1 and Class 4 exemptions, both of which apply to minor alteration of land or facilities. (State CEQA Guidelines, §§ 15301, 15304).

10. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items.

Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted. All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.

11. WRITTEN COMMUNICATIONS None.

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12. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
At this time Council/Agency/Authority Members may place an item on a future study session agenda.

13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL

14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
14A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.

15. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 17th day of February, 2022. s/ Patricia A. Vazquez, City Clerk/Secretary
Item: 6B
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User:

Printed:

Check Vendor No Vendor Name Check Date Check
No. Invoice No Description Reference Amount
1741 REC16138 RECTRAC REFUNDS 01/26/2022
25120 Refund Phoebe Tran for Park Shelter Deposit on 01/23/22 100.00 25183 Refund Juan Bucio for cancelled Skyhawks Soccer 1/21/22-2/25/22 95.00 25186 Refund Nurdan Ozturk for Multi Purpose Room Deposit on 01/23/22 300.00 Total for Check Number 1741: 495.00
1742 JEN14424 ANA JENSEN 01/28/2022
PPE 1/15/2022 Wage Garnishment PPE 1/15/2022 200.00
Total for Check Number 1742: 200.00
1743 OCF2164 OC FIRE AUTHORITY 01/28/2022
S0451014 Stn Annex Prop. Tax Pass Thru FY21/22 20,556.50 Total for Check Number 1743: 20,556.50
1744 OCA2137 COUNTY OF ORANGE TREASURER- TAX COLLECTOR 01/28/2022 SH 61102 AFIS (Fingerprinting) January 2022 1,529.00
Total for Check Number 1744: 1,529.00
1745 PUB15477 PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFO 01/28/2022 PPE 1/15/2022 PARS-PPE 1/15/2022 1,326.90
Total for Check Number 1745: 1,326.90
1746 REC16138 RECTRAC REFUNDS 01/31/2022
24828 Refund Erika Peel for Park Shelter Deposit on 01/15/22 150.00 25019 Refund Shane Womack for Banquet Hall Deposit 01/18/22 & 01/25/22 600.00 25124 Refund Abdul Ahamath for Park Shelter Deposit on 01/15/22 150.00 25129 Refund Shane Womack for Banquet Hall Deposit 1/16, 1/23 & 1/30 1,200.00 25164 Refund Yanet Hernandez for Multi Purpose Room Deposit 01/16/22 200.00 Total for Check Number 1746: 2,300.00
1747 REC16138 RECTRAC REFUNDS 02/01/2022
24893 Refund Noel Luna for Park Shelter Deposit on 01/29/22 100.00 24998 Refund Tina Trout for Park Shelter Deposit on 01/29/22 150.00 25128 Refund Jocelyn Jenkins for Multi Purpose Room Deposit on 1/30/22 200.00 25223 Refund Anay Moreno for Park Shelter Deposit on 01/29/22 150.00 Total for Check Number 1747: 600.00
1748 GOL1321 GOLDEN STATE WATER COMPANY 02/02/2022
February 01 Dec 09-Jan10 Water Services Building January 11 348.41 February 01 Dec 09-Jan10 Water Services Park January 11 2,682.74 February 01 Dec 09-Jan10 Water Services Median January 11 1,473.69 Total for Check Number 1748: 4,504.84
1749 CAS680 CA ST PERS 103 02/02/2022
PPE 1/15/2022 PERS-City's Share T1 PPE 1/15/2022 2,974.88 PPE 1/15/2022 PERS-City's Share Classic T2 PPE 1/15/2022 3,317.25 PPE 1/15/2022 PERS-Survivor (Employee) T1 PPE 1/15/2022 9.30 PPE 1/15/2022 PERS-Employee Classic T2 PPE 1/15/2022 2,684.47 Accounts Payable
Checks by Date - Detail by Check Number
mbannigan
2/14/2022 2:39 PM

ATTACHMENT A

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Check Vendor No Vendor Name Check Date Check
No. Invoice No Description Reference Amount
PPE 1/15/2022 PERS-Survivor New T3 PPE 1/15/2022 28.83
PPE 1/15/2022 PERS-City's Share New T3 PPE 1/15/2022 5,964.34 PPE 1/15/2022 PERS-Employee New T3 PPE 1/15/2022 5,304.23 PPE 1/15/2022 PERS-Survivor Classic T2 PPE 1/15/2022 6.51 PPE 1/15/2022 PERS-Employee's Share T1 PPE 1/15/2022 1,913.99 Total for Check Number 1749: 22,203.80
1750 GOL1321 GOLDEN STATE WATER COMPANY 02/03/2022
February 02 Nov 09-Jan 11 Water Services Median January 12 574.74 Total for Check Number 1750: 574.74
1751 REC16138 RECTRAC REFUNDS 02/03/2022
25255 Refund Jamie Ebiya for cancelled Beg Tennis 2/01/22-02/22/22 40.00 25338 Refund Nicole Vergara for cancelled Beg Tennis 2/01/22-02/22/22 40.00 Total for Check Number 1751: 80.00
1752 GOL1321 GOLDEN STATE WATER COMPANY 02/04/2022
February 03 Nov 09-Jan 11 Water Services Building January 13 367.72 Total for Check Number 1752: 367.72
1753 REC16138 RECTRAC REFUNDS 02/07/2022
25385 Refund April Garcia for Park Shelter Deposit on 02/05/22 150.00 Total for Check Number 1753: 150.00
1754 EDD1067 EDD 02/07/2022
1/29/2022 State Tax Withholding 5,686.65
1/29/2022 State Unemployment 1,564.37
Total for Check Number 1754: 7,251.02
1755 ICM1540 ICMA RETIREMENT TRUST 302393 02/07/2022
PPE 1/29/2022 PPE 1/29/22-ICMA #302393 3,970.00
Total for Check Number 1755: 3,970.00
1756 INT1569 INTERNAL REVENUE SERVICE 02/07/2022
1/29/2022 (MC) Medicare-Employee Share 2,256.40
1/29/2022 (FD) Federal Tax Withholding 15,935.25
1/29/2022 (ME) Medicare-City Share 2,256.40
Total for Check Number 1756: 20,448.05
1757 CAS683 CA ST PERS-HEALTH BENEFIT 02/09/2022
Feb-22 February 22 Health Ins-Employee 4,416.94
Feb-22 February 22 Retiree Insurance 3,655.00
Feb-22 February 22 Adm Services Health Ins 121.99
Feb-22 February 22 Health Ins-City Share 35,182.81
Total for Check Number 1757: 43,376.74
134726 WEI16219 BRENDA WEINER 02/03/2022
0777 Temporary Rental Assistance-Robyn Motland (Security Deposit) 4,700.00 0777 Temporary Rental Assistance-Robyn Motland (Rent-FEB) 2,182.14 Total for Check Number 134726: 6,882.14
134727 21114338 2-1-1 ORANGE COUNTY 02/10/2022
HF-2022-008 CES Access Point Fee 200.00
Total for Check Number 134727: 200.00
134728 AFL187 AFLAC-FLEX ONE 02/10/2022
828148 January 22 Employee (Aflac) 271.26

ATTACHMENT A

Page 2 of 7 ends

Check Vendor No Vendor Name Check Date Check
No. Invoice No Description Reference Amount
828148 January 22 Employee (Life Ins & Disability Ins) 160.30 Total for Check Number 134728: 431.56
134729 AME15118 AMERICAN RENTALS, INC 02/10/2022
151366 Scissor lift rental to take down Christmas tree 435.25 Total for Check Number 134729: 435.25
134730 ATT377 AT&T 02/10/2022
1/24/2022 DMV Access Line-Jan 335-253-0761 54.95
1/24/2022 Corporate Yard Jan 443.51
1/24/2022 Cerritos Intercon-Jan 335-253-1318 199.21
Total for Check Number 134730: 697.67
134731 ATL16020 ATLAS PLANNING SOLUTIONS 02/10/2022
1329 DEC-21/Local Hazard Mitigation Plan Prep 7,274.00
Total for Check Number 134731: 7,274.00
134732 AUT14715 AUTOMATED GATE SERVICES, INC 02/10/2022 61405597 Repairs to SCP Gate 330.00
Total for Check Number 134732: 330.00
134733 BOY13501 BOYS & GIRLS CLUBS OF GARDEN GROVE 02/10/2022 1957D Contractual Services (FaCT) Invoice for Boys & Girls Club of GG 3,474.98 Total for Check Number 134733: 3,474.98
134734 C3O13388 C3 TECHNOLOGY SERVICES 02/10/2022
142107 Front/CR Sharp Copiers/Toner/Maintenance 12/15/21 to 01/14/22 490.21 Total for Check Number 134734: 490.21
134735 CAA556 CA AUTO & BRAKE INC 02/10/2022
29023 Repairs to Unit#20-replace oil pressure switch 319.62 29118 Repairs to Unit #21 - Oil change 98.07
Total for Check Number 134735: 417.69
134736 CAS662 CA ST DEPT OF JUSTICE 02/10/2022
555834 DEC2021/Fingerprints 98.00
Total for Check Number 134736: 98.00
134737 WES11851 CITY OF WESTMINSTER 02/10/2022
5108 Animal Control Agmt 2nd Qtr Feb 2022-Apr 2022 48,620.25 Total for Check Number 134737: 48,620.25
134738 CLI14334 CLIMATEC, LLC 02/10/2022
957007407 Access Control Management Software/Maint. 10/20/21 to 10/19/22 160.00 Total for Check Number 134738: 160.00
134739 COL15604 COLANTUONO, HIGHSMITH & WHATLEY, PC 02/10/2022 50571 DEC-21/Legal Svcs for Collection of UUT 155.34
Total for Check Number 134739: 155.34
134740 COU15550 COUNTY OF ORANGE 02/10/2022
PW220036 Concrete and Road maintenance for Dec 883.55
Total for Check Number 134740: 883.55
134741 DEL13382 DE LAGE LANDEN FINANCIAL SERVICES, INC 02/10/2022 74860409 Lease/CH/Sharp copiers 01/01/2022-01/31/2022 526.22 75170879 Lease/CH/Sharp copiers 02/01/2022-02/28/2022 552.54

ATTACHMENT A

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Check Vendor No Vendor Name Check Date Check
No. Invoice No Description Reference Amount
Total for Check Number 134741: 1,078.76
134742 DFM981 DFM ASSOCIATES 02/10/2022
01-24-2022 CA Elections Code Book 2022 65.55
Total for Check Number 134742: 65.55
134743 FER14172 FERNWOOD MOBILE HOME PARK 02/10/2022
23 Lease Agreement for property along Stanton Central Park-Feb 2,575.00 Total for Check Number 134743: 2,575.00
134744 FRI13695 FRIENDLY CENTER, INC 02/10/2022
FY2122-05 Contractual Services (FaCT) Invoice for Friendly Center 4,173.61 Total for Check Number 134744: 4,173.61
134745 FRO13927 FRONTIER 02/10/2022
1/24/22 City Hall frame relay port Jan 70.39
Total for Check Number 134745: 70.39
134746 GAL1259 GALLS LLC 02/10/2022
19710783 Parking Control Clothing:12/08/2021 (2) tactical pant & (1) belt 152.97 19930437 Parking Control Clothing:01/13/2022 (2) tactical pants 128.01 Total for Check Number 134746: 280.98
134747 HAR1416 HARTZOG & CRABILL INC 02/10/2022
21-0026 On-Call Traffic Signal Services Ops. for Dec 2,716.00 22-0027 Katella OCTA Corridor Project Support-Dec 308.00 Total for Check Number 134747: 3,024.00
134748 INT13812 INTELLI-TECH 02/10/2022
14933 Barracuda Essen Security Edition/3Yr Renewal 12/22/21-12/20/24 2,049.00 Total for Check Number 134748: 2,049.00
134749 INT1579 INTERVAL HOUSE 02/10/2022
FY2122-05STN (FaCT) Invoice for Interval House 1,402.00 Total for Check Number 134749: 1,402.00
134750 HUN12150 JOHN L. HUNTER & ASSOCIATES, INC. 02/10/2022 STA1FOG12112 FOG-Dec 2021 2,095.00
STA1MS412112 NPDES-Dec 2021 4,377.50
Total for Check Number 134750: 6,472.50
134751 KTG15871 KTGY GROUP, INC 02/10/2022
0164963 Prep Town Center Specific Plan/13 Nov-10 Dec 21 20,787.50 Total for Check Number 134751: 20,787.50
134752 MER12502 MERCHANTS BUILDING MAINTENANCE LLC 02/10/2022 12/14/21 Deep Cleaning at SCP-Multipurpose room 869.29
654644 Janitorial Services at City Hall for Jan 2022 1,482.22 654644 Janitorial Services at FRC for Jan 2022 303.59
654645 Dotson Park Restroom-Disinfecting & Sanitizing to mitigate COVID 324.00 655694 COVID-19 mitigation-Disinfect & sanitation of City Hall for Dec 552.00 655695 COVID-19 mitigation-Disinfect & sanitation of City Yard for Dec 507.00 656603 Janitorial Services at Civic Center on 12/29/21 1,953.00 Total for Check Number 134752: 5,991.10
134753 PET14941 PETS BEST 02/10/2022
21068459 Pet Insurance January 2022 230.29

ATTACHMENT A

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Check Vendor No Vendor Name Check Date Check
No. Invoice No Description Reference Amount
Total for Check Number 134753: 230.29
134754 PSI11874 PSI 02/10/2022
32279 Repairs to graffiti pressure washer 73.07
32327 Repairs to graffiti pressure washer 345.55
32347 Repairs to graffiti pressure washer 138.63
Total for Check Number 134754: 557.25
134755 MAI13147 QUADIENT LEASING USA, INC 02/10/2022
N9199342 Postage Meter Lease 10/30/21-01/29/22 936.59
Total for Check Number 134755: 936.59
134756 RDB16025 RD BANGGALAT CORP 02/10/2022
FEBRUARY-22 Emergency Housing Shelter-Robert Silver 1,000.00 MARCH-22 Emergency Housing Shelter-Robert Silver 1,000.00 Total for Check Number 134756: 2,000.00
134757 RES2489 RESOURCE BUILDING MATERIALS 02/10/2022
3275062 Gravel for parking lot on Bell 67.32
3275102 Gravel for parking lot on Bell 134.63
3275384 Gravel for parking lot on Bell 134.63
Total for Check Number 134757: 336.58
134758 SMA14803 SMARTCOVER SYSTEM 02/10/2022
20789 SmartCover Level Monitor renewal 1,052.00
Total for Check Number 134758: 1,052.00
134759 SOC2734 SO CAL EDISON 02/10/2022
01/13/22 Electric Service-Parks Dec 842.15
01/24/22 Stanton District Light Dec 44.49
01/24/22 Electric Service-Medians Dec 44.80
01/26/22 Electric Service-Medians Jan 17.29
01/26/22 Electric Service-Building Jan 7,019.11
01/27/2022 Electric Svc/TinaPacific 12/07/21-01/05/22 473.36 01/31/21 Electric Service-Medians Jan 400.94
01/31/21 Electric Service-Signals Jan 1,096.56
Total for Check Number 134759: 9,938.70
134760 SOC12606 SO CAL INDUSTRIES 02/10/2022
543370 Fence rental for 10652 Bell St Dec-Jan 59.11
543371 Fence rental for Magnolia and Tina Way Dec-Jan 603.27 543591 Fence rental for 11870 Beach Blvd Dec-Jan 124.45 544314 Fence rental for 8970 Pacific Jan-Feb 231.21
544315 Fence rental for 8870 Pacific Jan-Feb 208.58
Total for Check Number 134760: 1,226.62
134761 GAS1282 SOCALGAS 02/10/2022
1/31/2022 Gas service-City Hall Jan 870.22
Total for Check Number 134761: 870.22
134762 BCN14064 SOLEX - FUSION 02/10/2022
132139723 OCT/NOV-21/LAN Lines for City Hall/FRC/Corp Yard/SCP 2,592.88 132146446 DEC-21/LAN Lines for City Hall/FRC/Corp Yard/SCP 1,296.25 Total for Check Number 134762: 3,889.13
134763 SOU2770 SOUTHWEST OFFSET PRINTING 02/10/2022
182519 Recreation Brochure-Winter/Spring Brochure 2022 4,806.61

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Check Vendor No Vendor Name Check Date Check
No. Invoice No Description Reference Amount
Total for Check Number 134763: 4,806.61
134764 SPA15432 SPARKLETTS 02/10/2022
4096775 012822 JAN-22/Breakroom Water Delivery 168.68
4096775 123121 DEC-21/Breakroom Water Delivery 63.86
Total for Check Number 134764: 232.54
134765 SPE14381 SPECTRUM 02/10/2022
0012363010122 JAN-22/Spectrum TV 97.92
Total for Check Number 134765: 97.92
134766 TAI14271 TAIT & ASSOCIATES INC 02/10/2022
145744 FY21/22 Slurry and Reconstruction Design Project 2,219.82 Total for Check Number 134766: 2,219.82
134767 TOT15551 TOTAL POWER SOLUTIONS LLC 02/10/2022
1295 Generator Maintenance at City Yard and Sheriff 1,740.00 Total for Check Number 134767: 1,740.00
134768 TOW14437 TOWNSEND PUBLIC AFFAIRS, INC 02/10/2022 17921 JAN-2022/Public Advocacy/Consulting Svcs 4,000.00 Total for Check Number 134768: 4,000.00
134769 VAN13002 VAN RY MAINTENANCE 02/10/2022
9500 Floor service FRC-Dec 2021 125.00
9500 Floor service Civic Center-Dec 2021 225.00
9514 Floor service FRC-Jan 2022 125.00
9514 Floor service Civic Center-Jan 2022 225.00
Total for Check Number 134769: 700.00
134770 VEN13764 VENCO WESTERN INC 02/10/2022
0155874-IN Stanton Central Park-Jan 4,592.00
0155874-IN Street landscape maintenance-Jan 1,490.00
0155874-IN Building landscape maintenance-Jan 1,298.00
0155874-IN Median landscape maintenance-Jan 7,939.00
0155874-IN Park landscape maintenance-Jan 4,685.00
0155874-IN Norm Ross baseball field-Jan 900.00
2502467-IN Gopher abatement at Hollenbeck Park 1,975.00 Total for Check Number 134770: 22,879.00
134771 VER3059 VERIZON WIRELESS 02/10/2022
9897445270 Mobile/Data Plans/Hotspots 12/17/21-01/16/22 740.08 9897445271 Mobile/Data Plans/Hotspots 12/17/21-01/16/22 965.54 Total for Check Number 134771: 1,705.62
134772 VIS3077 VISTA PAINT CORP 02/10/2022
2022-359617-00 Paint Supplies-Graffiti 824.07
2022-360080-00 Paint Supplies-Graffiti 24.77
2022-368811-00 Paint Supplies-traffic paint-curb painting 2,231.46 2022-370484-00 Paint Supplies-Graffiti 35.22
2022-374978-00 Paint Supplies-Civic Center repaint 65.40 2022-376396-00 Paint Supplies-Civic Center repaint 52.15 2022-378675-00 Paint Supplies-Civic Center repaint 79.99 2022-379016-00 Paint Supplies-Civic Center repaint 20.59 2022-380131-00 Paint Supplies-Civic Center repaint 92.23 2022-380291-00 Paint Supplies-Civic Center repaint 32.91 Total for Check Number 134772: 3,458.79
134773 WAG13143 WAGEWORKS 02/10/2022

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Check Vendor No Vendor Name Check Date Check
No. Invoice No Description Reference Amount
INV3336661 DEC2021/Administration Fee 66.00
INV3336661 DEC2021/Compliance Fee 50.00
Total for Check Number 134773: 116.00
Report Total (65 checks): 311,449.02

ATTACHMENT A

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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY

OF THE CITY OF STANTON
JOINT REGULAR MEETING FEBRUARY 8, 2022

1. CLOSED SESSION None.

2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY /

HOUSING AUTHORITY JOINT REGULAR MEETING
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:31 p.m. by Mayor / Chairman Shawver.

3. PLEDGE OF ALLEGIANCE
Led by Mr. Tom Carpenter.

4. ROLL CALL

Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Van, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairman Ramirez, and Mayor/Chairman Shawver.

Absent: None.

Excused: None.

5. SPECIAL PRESENTATIONS AND AWARDS

1. Presentation by Mr. Howard Kummerman, Cypress College Foundation regarding the 47th Annual Americana Awards, which will honor Mr. Tom Carpenter as the Cypress College Foundation Americana Awards, 2022 Citizen of the Year for the City of Stanton.

Request to the City Council by Captain Cruz Alday, Orange County Sheriff’s Department to recognize the promotions of two outgoing Stanton deputies.

The City Council approved Captain Alday’s request.

Item: 6C
Click here to return to the agenda.

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2. Presentation by Captain Cruz Alday, Orange County Sheriff’s Department commending the services of Investigator Mark Baltodano and Lieutenant Chris McDonald.
• The City Council expressed their gratitude to outgoing Investigator Mark Baltodano and Lieutenant Chris McDonald for thier efforts throughout the years and congratulated them on their promotions.
• Investigator Mark Baltodano expressed his gratitude to the Orange County Sheriff’s Department, City of Stanton, and City Council Members. • Lieutenant Chris McDonald expressed his gratitude to the Orange County Sheriff’s Department, City of Stanton, and City Council Members.

6. CONSENT CALENDAR
Motion/Second: Warren/Taylor
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Van AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairman Ramirez AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:

CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated January 14, 2022 – January 27, 2022 in the amount of $1,122,276.88.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – January 25, 2022.

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6D. CITY STAFF AUTHORITY TO EXECUTE FUNDING AGREEMENTS AND

DOCUMENTS FOR LOCAL TRANSPORTATION PROJECTS
The California Department of Transportation (Caltrans) provides funding via various programs, such as the Local Assistance Program, to help local agencies improve their transportation infrastructure. Caltrans District 12 Local Assistance requested a copy of the City’s current Authorized Resolution that contains language that is compliant with an excerpt from Chapter 17 of their Right of Way Manual in order to submit Right of Way Certification packages. Upon further research, City staff found the existing resolution concerning execution of funding agreements with Caltrans may also need updating. City staff is requesting the Public Works Director be given the authority to execute all of these documents.

1. The City Council declared this project categorically exempt under the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect changes in the environment; and

2. Adopted Resolution No. 2022-07 granting the Director of Public Works authority to execute documents necessary to implement Federal and/or State funded local transportation projects, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA, GRANTING THE PUBLIC WORKS

DIRECTOR THE AUTHORITY TO APPROVE AND EXECUTE ALL

MASTER AND PROGRAM SUPPLEMENTAL AGREEMENTS,

FUND EXCHANGE AGREEMENTS, FUND TRANSFER

AGREEMENTS, RIGHT OF WAY CERTIFICATIONS, ANY

AMENDMENTS AND/OR OTHER DOCUMENTS NECESSARY TO

IMPLEMENT FEDERAL AND/OR STATE FUNDED LOCAL
TRANSPORTATION PROJECTS”; and

3. Approved and granted the Public Works Director the authority to approve and execute all Master and Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, Right of Way Certifications, any amendments and/or other documents necessary to implement Federal and/or State funded local transportation projects.

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6E. RENEWAL OF AUTHORIZATION FOR VIRTUAL PUBLIC MEETINGS PURSUANT TO AB 361
Consideration of the circumstances of the state of emergency related to the COVID19 pandemic to determine whether remote teleconference meetings of the City Council, Committees, and Commissions can continue to be held under the provisions of AB 361.

1. The City Council declared that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Reconsidered the circumstances of the state of emergency; and

3. Finds that state or local officials have continued to impose or recommend measures to promote social distancing; and

4. Directed staff, no later than 30 days after the City Council approves the recommended action, to report back on the state-proclaimed state of emergency so that City Council may reconsider the circumstances of the emergency, and, if appropriate, make findings to continue to hold virtual meetings of City legislative bodies pursuant to AB 361.

END OF CONSENT CALENDAR

7. PUBLIC HEARINGS
7A. GENERAL PLAN AMENDMENT NO. GPA 22-01: 6TH CYCLE HOUSING ELEMENT UPDATE FOR THE 2021-2029 PLANNING PERIOD AND COMMUNITY

HEALTH AND SAFETY ELEMENT UPDATE
Article 10.6 of the California Government Code requires Cities to adopt a Housing Element that provides an analysis of the community’s housing needs for all income levels and strategies to address those needs. State Law also requires that at the time of the Housing Element Update, the Community Health and Safety Element also be updated to include a set of adaptation and resiliency goals to address local impacts of climate change.

Introduction by Ms. Jennifer A. Lilley, Community and Economic Development Director.

Presentation by Mr. Perry Banner, Principal Planner, De Novo Planning Group.

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The public hearing was opened.

No one appearing to speak, the public hearing was closed.

Motion/Second: Taylor/Ramirez
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Van AYE
Council Member Warren AYE
Mayor Pro Tem Ramirez AYE
Mayor Shawver AYE
Motion unanimously carried:

1. The City Council conducted a public hearing; and

2. Finds the environmental effects of the project are within the scope described in the Final Environmental Impact Report (FEIR) for the Revised City of Stanton General Plan which was certified in 2008 and no subsequent EIR is necessary in compliance with Section 15164 of the California Environmental Quality Act; and

3. Adopted City Council Resolution No. 2022-05 Approving General Plan Amendment No. GPA 22-01 for the Update to the Housing Element for the 2021- 2029 Planning Period and the Update to the Community Health and Safety Element, entitled:
“ADOPTING GENERAL PLAN AMENDMENT NO. GPA 22-01
UPDATE TO THE HOUSING ELEMENT FOR THE 2021-2029

PLANNING PERIOD AND UPDATE TO THE COMMUNITY HEALTH

AND SAFETY ELEMENT AND MAKING FINDINGS IN SUPPORT
THEREOF”; and

4. Adopted City Council Resolution No. 2022-06 Adopting an Addendum to the Final Environmental Impact Report for the Revised City of Stanton General Plan, entitled:
“ADOPTING AN ADDENDUM TO THE FINAL ENVIRONMENTAL

IMPACT REPORT FOR THE REVISED CITY OF STANTON
GENERAL PLAN FOR GENERAL PLAN AMENDMENT NO. GPA
22-01 FOR THE 2021-2029 PLANNING PERIOD AND UPDATE TO
THE COMMUNITY HEALTH AND SAFETY ELEMENT”.

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7B. CONSIDERATION OF AN ORDINANCE ADDING CHAPTERS 19.23 AND 20.211

TO THE STANTON MUNICIPAL CODE TO REGULATE URBAN LOT SPLITS AND TWO-UNIT PROJECTS UNDER SB 9; AND FINDING THE ACTION TO BE

EXEMPT FROM CEQA
Adopt the proposed Ordinance to update the Municipal Code to address recent changes to the Government Code regarding urban lot splits and two-unit projects in residentially zoned neighborhoods.

Staff report by Ms. Jennifer A. Lilley, Community and Economic Development Director.

The public hearing was opened.

No one appearing to speak, the public hearing was closed.

Motion/Second: Warren/Taylor
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Van AYE
Council Member Warren AYE
Mayor Pro Tem Ramirez AYE
Mayor Shawver AYE
Motion unanimously carried:

1. The City Council conducted a public hearing; and

2. Finds the project is Categorically Exempt per California Environmental Quality Act, Public Resource Code Section 15301, Class 1(a) (Existing Facilities); and

3. Introduced Ordinance No. 1119, entitled:
“AN ORDINANCE ADDING CHAPTERS 19.23 AND 20.211 TO THE

STANTON MUNICIPAL CODE TO REGULATE URBAN LOT
SPLITS AND TWO-UNIT PROJECTS UNDER SB 9; AND FINDING
THE ACTION TO BE EXEMPT FROM CEQA”; and

4. Set Ordinance No. 1119 for second reading and adoption at the February 22, 2022 regularly scheduled City Council meeting.

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8. UNFINISHED BUSINESS None.

9. NEW BUSINESS None.

10. ORAL COMMUNICATIONS – PUBLIC None.

11. WRITTEN COMMUNICATIONS None.

12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Van reported on the upcoming Stanton Community Garden, Open Garden Event, which is scheduled to be held on March 5, 2022, from 10 am to 12pm at the Stanton Community Garden.
• Council Member Taylor reported that this year the Orange County Mosquito and Vector Control District will be celebrating 75 years of service to the community as a special district, who strives to move forward bringing new technology and innovative concepts to combat vector-borne diseases in Orange County. • Mayor Shawver reported that he will be assisting in hosting a free drive thru distribution site providing free food (fresh / canned / non-perishables), and diapers on February 26, 2022, at Stanton Park.
• Mayor Shawver reported that he will be representing the City at a few Tet Festivals throughout Orange County.
• Mayor Shawver announced his appointment as a committee member to the Orange County Parks Commission, Trails Subcommittee.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
None.
12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.

13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.

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14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
• Mr. Jarad L. Hildenbrand, City Manager reported on upcoming Redistricting Stanton Public Hearing #4, which is scheduled to be held on February 22, 2022, at 6:45 pm.
• Ms. Zenia Bobadilla, Community Services Director, reported that the City is now accepting nominations for the 2022 Women of Distinction Awards. • Mr. Jarad L. Hildenbrand, City Manager provided the City Council with an update on the City’s response to COVID-19 and the recent surge of the Omicron variant. 14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Fire Division Chief Chad Gremel provided the City Council with an update on their current operations

15. ADJOURNMENT in observance and celebration of Black History Month Motion/Second: Shawver/
Motion carried at 7:25 p.m.
_______________________________________

MAYOR/CHAIRMAN
ATTEST:
_______________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 22, 2022
SUBJECT: DECEMBER 2021 INVESTMENT REPORT
REPORT IN BRIEF:

The Investment Report as of December 31, 2021, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTIONS:

2. Receive and file the Investment Report for the month of December 2021.

BACKGROUND:

Changes in the City’s cash and investment balances for the month of December are summarized below:

Between November 30, 2021, and December 31, 2021, the City’s total cash and investments decreased by approximately $199,974.

The attached reports summarize the City investments and deposit balances as of December 31, 2021. The City’s cash and investment balances by fund type are presented in Attachment A. A summary of the City’s investment portfolio is included as Attachment B. The detail of the City’s investments by type are shown in Attachment C.

Beginning Balance Net Change Ending Balance
Cash and Investment Accounts (Pooled-All Funds) $ 59,031,482.09 $ (285,090.01) $ 58,746,392.08 Cash (Non-Pooled) 4,593,348.54 86,116.27 4,679,464.81
Total Cash and Investments $ 63,624,830.63 $ (198,973.74) $ 63,425,856.89 Item: 6D
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2 ANALYSIS:

The monthly cash and investment report provides a summary of the cash and investment accounts held by the City as of the end of that month. In order to manage its cash and investments, the City combines cash resources from all funds into a single pool consisting of a variety of accounts and securities. The balance in the pooled cash account includes cash and certain liquid investments that are available to meet the City’s current cash needs. Cash in excess of the City’s current cash needs is invested in interest-bearing investments with various maturities.

Detailed information regarding the securities contained in the City’s investment portfolio is provided in Attachments B and C. As of December 31, 2021, City investments consisted of the following:

As of December 31, 2021, the average purchase yield to maturity earned on the City’s total investment portfolio was 0.57%, which is above the benchmark LAIF return of 0.21%.

The weighted average maturity of the City’s was approximately 88 days (approximately 3 months) as of December 31, 2021, which is in compliance with the City’s investment policy restriction of 3.5 years.

FISCAL IMPACT:

All deposits and investments have been made in accordance with the City's Fiscal Year 2021-22 Investment Policy. The portfolio will allow the City to meet its expenditure requirements for the next six months. Staff remains confident that the investment portfolio is currently positioned to remain secure and sufficiently liquid.

The City Treasurer controls a $55.6 million portfolio, with $9.5 million in investments held in a safekeeping account with Bank of the West.

ENVIRONMENTAL IMPACT :

None.

Market Value as of
December 31, 2021
Average
Interest Rate
Percentage of
Portfolio
Invested by Type
Maximum
Percentage of
Portfolio
Permitted by
Investment Policy In Compliance?
Local Agency Investment Fund (LAIF) $ 40,798,559.11 0.21% 73.39% 100.00% Yes California Asset Management Program (CAMP) 5,252,262.69 0.05% 9.45% 100.00% Yes Negotiable Certificates of Deposit 7,792,003.53 2.46% 14.02% 30.00% Yes Municipal Bonds 1,746,644.80 2.25% 3.14% 100.00% Yes
Total Investments $ 55,589,470.13 100.00%
3 LEGAL REVIEW:

None.

PUBLIC NOTIFICATION :

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED

4. Ensure Fiscal Stability and Efficiency in Governance Prepared by: Approved by:
/s/ Michelle Bannigan /s/ Jarad L. Hildenbrand
________________________________ __________________________ Michelle Bannigan, CPA Jarad L. Hildenbrand
Finance Director City Manager
Attachments:

A. Cash and Investment Balances by Fund
B. Investments Portfolio Summary
C. Investment Portfolio Detail
Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance 101-various General Fund $ 18,983,731.94 $ 10,546,926.48 $ (10,521,988.80) $ 19,008,669.62 102-111101 General Fund (Transactions & Use Tax) 38,356.77 477,899.88 (695,505.05) (179,248.40)210-111101 Certified Access Specialists (CASP) Program 44,801.17 4,439.16 - 49,240.33 211-111101 Gas Tax Fund 1,098,534.32 74,957.69 (24,992.13) 1,148,499.88 215-111101 Road Maintenance and Rehabilitation act (RMRA) Fund 64,611.02 596,347.90 (17,674.53) 643,284.39 220-111101 Measure M Fund 844,829.90 1,833.44 (3,616.04) 843,047.30 221-111101 Community Development Block Grant-COVID-19 (CDBG-CV) Fund - - (37,500.00) (37,500.00) 222-111101 Community Development Block Grant (CDBG) Fund 212,212.34 481.000 (1,843.99) 210,849.35 223-111101 Protective Services Fund - 127,706.04 (127,706.04) - 224-111101 Lighting Maintenance 1919 Act Fund 241,027.69 328,972.82 (120,250.93) 449,749.58 225-111101 Lighting/Median Maintenance 1972 Act Fund 1,134,215.91 72,424.71 (42,097.06) 1,164,543.56226-111101 Air Quality Improvement Fund 157,287.76 13,384.540 (753.10) 169,919.20 242-111101 Supplemental Law Enforcement Grant Fund (current) 411,652.69 18,717.06 (14,359.19) 416,010.56 250-111101 Families and Communities Together (FaCT) Grant Fund 28,137.63 (29,692.58) (37,163.06) (38,718.01) 251-111101 Senior Transportation Fund 55,962.17 755.51 (3,477.00) 53,240.68 257-111101 America Rescue Act Plan (ARPA) Fund 4,240,370.24 9,328.24 (454,063.81) 3,795,634.67 261-111101 Street Impact Fees Fund 88,062.10 194.77 (384.14) 87,872.73 262-111101 Traffic Signal Impact Fees Fund 51,131.44 114.91 (226.64) 51,019.71263-111101 Community Center Impact Fees Fund 160,437.06 360.37 (710.75) 160,086.68 264-111101 Police Services Impact Fees Fund 144,942.04 325.56 (642.09) 144,625.51 280-111101 Stanton Central Park Maintenance Fund (18,866.33) 3,428.33 (7,167.00) (22,605.00) 285-various Stanton Housing Authority Fund 12,327,210.46 1,410.00 (69,812.95) 12,258,807.51 305-111101 Capital Projects Fund 278,929.05 15,020.00 (15,020.00) 278,929.05 310-111101 Park and Recreation Facilities Fund 3,667,130.10 8,180.04 (16,133.24) 3,659,176.90 501-111101 Sewer Maintenance Fund 5,310,066.04 417,856.76 (33,049.33) 5,694,873.47 502-111101 Sewer Capital Improvement Fund 6,337.28 323.10 (19.52) 6,640.86 602-111101 Workers' Compensation Fund 551,095.49 7,286.74 (2,467.34) 555,914.89 603-111101 Liability Risk Management Fund 118,018.50 8,867.88 (528.33) 126,358.05 604-111101 Employee Benefits Fund 61,132.75 117,738.57 (106,963.26) 71,908.06 605-111101 Fleet Maintenance Fund 399,715.42 10,314.02 (9,266.53) 400,762.91801-111101 Expendable Deposits Fund (27,445.02) 1,000.00 (13,921.15) (40,366.17) 901-111101 North Orange County Public Safety Task Force (NOCPSTF) Trust Fund - 7,883,947.49 (268,783.28) 7,615,164.21 Total Pooled Cash and Investments(1) $ 12,362,996.27 59,031,482.09 $ $ (12,648,086.28) $ 58,746,392.08 Less: Investments(1) $ (50,159,416.00) $ (6,500,254.90) $ 1,070,200.77 $ (55,589,470.13) Cash - Bank of the West General Checking Account $ 8,872,066.09 $ 5,862,741.37 $ (11,577,885.51) $ 3,156,921.95

CITY OF STANTON

CASH AND INVESTMENTS REPORT
MONTH ENDED DECEMBER 31, 2021

ATTACHMENT A

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Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance

CITY OF STANTON

CASH AND INVESTMENTS REPORT
MONTH ENDED DECEMBER 31, 2021

CASH-NON-POOLED
101-111103 Payroll Account $ - $ 236,057.75 $ (236,057.75) $ -101-111109 Flexible Spending/AFLAC 5,058.51 - (1,022.42) 4,036.09 101-111505 Petty Cash 500.00 100.000 - 600.00604-111404 Cash with Fiscal Agent (PARS) (2) 89,337.040 4,587,790.03 (2,298.35) 4,674,828.72 Total Cash-Non-Pooled $ 4,593,348.54 $ 325,494.79 $ (239,378.52) $ 4,679,464.81

INVESTMENTS
POOLED ALL FUNDS $ 50,159,416.00 $ 6,500,254.90 $ (1,070,200.77) $ 55,589,470.13Total Investments (3) $ 6,500,254.90 50,159,416.00 $ $ (1,070,200.77) $ 55,589,470.13 TOTAL CASH AND INVESTMENTS $ 63,624,830.63 $ 12,688,491.06 $ (12,887,464.80) $ 63,425,856.89 Notes:
(3) - The Portfolio Summary Report and Holdings by Security Type are included in Attachments B and C, respectively.(1) - Pooled cash includes: City's Bank of the West general checking and safekeeping accounts, the City's Local Agency Investment Fund (LAIF) account, the Housing Authority's LAIF account, the California Asset Management Program (CAMP) account, and the Public Agency Retirement Services (PARS) account. (2) - The Public Agency Retirement Services (PARS) account is an irrevocable trust that can be used for pension and other post employment benefits only. This fund is excluded from the compliance requirements set forth in the City's investment policy.

ATTACHMENT A

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ATTACHMENT B
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ATTACHMENT C

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ATTACHMENT C

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1 CITY OF STANTON

REPORT TO THE SUCCESSOR AGENCY TO THE

STANTON REDEVELOPMENT AGENCY
TO: Honorable Chair and Members of the Successor Agency DATE: February 22, 2022
SUBJECT: DECEMBER 2021 INVESTMENT REPORT (SUCCESSOR AGENCY) REPORT IN BRIEF:

The Investment Report as of December 31, 2021, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTIONS:

2. Receive and file the Investment Report for the month of December 2021.

BACKGROUND:

The attached reports summarize the Successor Agency investments and deposit balances as of December 2021. During the month of December, the Successor Agency’s total cash and investment balances decreased by approximately $32,200. The Successor Agency received $3.6 million in its semi-annual redevelopment property tax funds distribution from the County of Orange in December. These funds were transferred to U.S. Bank to hold to fund future debt service payments. The Successor Agency’s cash and investment balances by fund are presented in Attachment A. The Successor Agency’s investments and deposits are included as Attachment B.

ANALYSIS:

The Successor Agency’s share of the City’s investment in the State Treasurer’s Local Agency Investment Fund (LAIF) continues to be available on demand. The effective yield on LAIF for the month of December 2021 was 0.21%.

The Successor Agency’s investments are shown on Attachment B and have a weighted investment yield of 0.21%, which is equal to the benchmark LAIF return of 0.21%, as the Item: 6E
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2 entire portfolio (excluding funds held with the bond fiscal agents) represents the Successor Agency’s portion of LAIF and Bank of the West funds invested by the City.

With a completely liquid portfolio, the weighted average maturity of the Successor Agency’s investments on December 31, 2021, is 1 day. LAIF’s average maturity on December 31, 2021, is approximately 332 days.

FISCAL IMPACT:

All deposits and investments have been made in accordance with the City's Fiscal Year 2021-22 Investment Policy.

The portfolio will allow the Successor Agency to meet its expenditure requirements for the next six months.

ENVIRONMENTAL IMPACT:

None
LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

A. Cash and Investment Balances by Fund
B. Investments and Deposits
Fund/
Account No. Fund/Account Name
Beginning
Balance Increases Decreases Ending Balance

CASH-POOLED
712-111101 Redevelopment Obligation Retirement Fund $ 1,662,014.83 $ 3,573,871.00 $ (5,966.67) $ 5,229,919.16 Total Cash-Pooled (1) $ 3,573,871.00 1,662,014.83 $ (5,966.67) $ 5,229,919.16 $ CASH-RESTRICTED (with Fiscal Agent)
712-111423 2016 Tax Allocation Bonds, Series A and B $ 1,350,560.83 $ (1,350,537.50) 5.55 $ $ 28.88 712-111425 2016 Tax Allocation Bonds, Series C and D 1,825,892.05 7.50 (1,825,881.25) 18.30 712-111426 2020 Tax Allocation Refunding Bonds, Series A 423,700.00 0.52 (423,700.00) 0.52 Total Cash-Restricted (with Fiscal Agent) $ 3,600,152.88 $ (3,600,118.750) 13.57 $ $ 47.70 TOTAL CASH AND INVESTMENTS $ 5,262,167.71 $ 3,573,884.57 $ (3,606,085.42) $ 5,229,966.86 Note:
(1) - Includes the Successor Agency's share of the City's Bank of the West checking account and Local Agency Investment Fund (LAIF).

SUCCESSOR AGENCY TO THE STANTON REDEVELOPMENT AGENCY

CASH AND INVESTMENTS REPORT
MONTH ENDED DECEMBER 31, 2021
ATTACHMENT A Click here to return to the agenda.

SUCCESSOR AGENCY TO THE STANTON REDEVELOPMENT AGENC
Y

INVESTMENTS AND DEPOSITS
Investment Issuer/ Date of Market MV
Type Institution Broker Maturit
y Cost
Value Source
LAIF and BOW General Acct State of California/ BOW State of California On Demand 0.21% N/A $ 5,229,919 $ LAIF 5,229,919 Total Cash Investments and Deposits 1 0.21% $ 5,229,919 $ 5,229,919 Weighted AverageWeighted Average
Bond Funds Held by Trustees: Maturity (days) Yield
Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturit
y Rate
Value Cost
Value Source
2016 Series A and BDebt Service:Cash Equivalents US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% $ 28 $ 28 $ US Bank 28 Principal: Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Interest:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% - - - US Bank Total 2016 Series A and B $ 29 $ 29 Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturit
y Rate
Value Cost
Value Source
2016
Series
C and D
Debt Service:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% $ 17 $ 17 $ US Bank 17 Principal: Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Total 2016 Series C and D $ 18 $ 18
MONTH ENDED DECEMBER 31, 2021
Rate
Interest
ATTACHMENT B Click here to return to the agenda.

Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturity Rate Value Cost Value Source 2020 Tax Allocation Refunding Bonds Special Fund:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% $ 1 $ 1 $ 1 US Bank Total 2010 Tax Allocation Bonds (Tax-Exempt) $ 1 $ 1
Total Bond Fund Investments and Deposits (3) $ 48 48 $ TOTAL - ALL CASH AND INVESTMENTS $5,229,967 $5,229,967 Notes:
(1) - There have been no exceptions to the Investment Policy. (2) - The Successor Agency is able to meet its expenditure requirements for the next six months.(3) - Restricted Bond Funds are held by the fiscal agent.

ATTACHMENT B
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and City Council
DATE: February 22, 2022
SUBJECT: DECEMBER 2021 GENERAL FUND REVENUE AND EXPENDITURE

REPORT AND STATUS OF CAPITAL IMPROVEMENT PROGRAM
REPORT IN BRIEF:

The Revenue and Expenditure Report for the month ended December 31, 2021, has been provided to the City Manager in accordance with Stanton Municipal Code Section

RECOMMENDED ACTION:

2. Receive and file the General Fund and Housing Authority Fund’s December 2021 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended December 31, 2021.

ANALYSIS:

General Fund Revenue and Expenditure Reports
Attachments A and B summarize the General Fund’s revenue and expenditure activity through December 31, 2021. The reports include information for the month of November, on a year-to-date basis through November, the current fiscal year’s budgeted balance and the year-to-date as a percentage of the budget. In addition, for comparison purposes, the year-to-date amount, final amount, and a percentage of final for the previous fiscal year (through December) is included as well.

As of December 31, total General Fund revenues received to date was approximately $9.9 million represents 37% of the Fiscal Year 2021/22 budgeted amount and is Item: 6F
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2 approximately $896,000 (10%) higher than the revenues collected for the same period last year (Attachment A, page 2). The primary reason for the increase is because of increased taxes collected during the current year for property tax, transient occupancy tax, sales tax, and transaction and use tax. Fees and permits revenues collected through December are 40% lower than the previous fiscal year. The City issued 43 building permits (with a valuation of $481,500) through December 31, 2021, compared to 465 building permits with a valuation of $29.0 million issued through December 31, 2020. Staff will be reviewing the Fiscal Year 2021/22 revenue estimates and provide revised projections at the City’s Mid-Year Budget Update for Fiscal Year 2021/22.

Total General Fund expenditures were approximately $12.6 million through December 31, which represents 47% of the 2021/22 projected expenditures and is approximately $829,000 (7%) higher than the expenditures incurred for the same period last year (Attachment B, page 2). The primary reason for the increase is due to law enforcement and fire protection services contact costs which were 7% and 5% higher, respectively, than the same period last year.

Housing Authority Revenue and Expenditure Reports
Attachment D summarizes the Housing Authority Fund’s revenue and expenditure activity through December 31, 2021. The report includes information for the activity during the month of December, information on a year-to-date basis through November, the current fiscal year’s budgeted balance and the year-to-date as a percentage of the budget. In addition, for comparison purposes, the year-to-date amount, final amount, and a percentage of final for the previous fiscal year (through November) is included as well.

As of December 31, total Housing Authority Fund revenues received to date was approximately $729,000, which represents 112% of the Fiscal Year 2021/22 budgeted amount and is approximately $381,000 (109%) more than the revenue collected through the same period last year. In October, the Housing Authority received $606,902 for the sale of the property located at 7455 Katella Avenue. This revenue will be adjusted with the City’s proposed budget adjustments at the upcoming Mid-Year Budget Update for Fiscal Year 2021/22.

Total Housing Authority Fund expenditures were approximately $1.5 million through December 31, which represents 35% of the 2021/22 projected expenditures and is approximately $1.5 million (51%) lower than the expenditures incurred for the same period last year. In December 2020, the Housing Authority made $2.6 million in payments for Project Homekey.

Status of Capital Improvement Projects (CIP) (Attachment F) The Fiscal Year 2021/22 CIP budget includes $3.3 million from the Fiscal Year 2021/22 Adopted Budget and $822,843 in carryover funding from Fiscal Year 2020/21, for a total amended budget of $4.2 million as of December 31, 2021. As of December 31, capital 3 project expenditures totaled $42,377 (1% of the amended budget) with an additional $127,673 (3% of the amended budget) under contract (encumbered) for work currently underway, for a total amount spent or encumbered to date of $170,050 (4% of the amended budget) as of December 31, 2021.

FISCAL IMPACT:

Per Attachment C, the City’s General Fund reserves is expected to be $22.2 million by June 30, 2022.

Per Attachment E, the City’s Housing Authority Fund reserves is expected to be $10.2 million by June 30, 2022.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED

A. December 2021 General Fund Revenues
B. December 2021 General Fund Expenditures
C. General Fund Reserves Projected as of June 30, 2022
D. December 2021 Housing Authority Revenue and Expenditures E. Housing Authority Fund Available Fund Balance Projected as of June 30, 2022 F. Status of Capital Improvement Projects as of December 31, 2021 %
FY 2021/22 FY 2021/22 Activity Change
Adopted Amended During Year To Date Percent of FY 2020/21 From Budget Budget December Actual * Budget Actual Prior Year TAXES
Property Tax $ 7,213,500 $ 7,213,500 $ 1,178,598 $ 1,448,016 20.07% 1,230,968 $ 17.63%Sales and Use Tax 4,810,000 4,810,000 423,039 1,802,881 37.48% 1,685,243 6.98% Transactions and Use Tax 4,998,000 4,998,000 446,334 1,952,184 39.06% 1,736,247 12.44% Transient Occupancy Tax 480,000 480,000 11,715 253,391 52.79% 225,374 12.43% Franchise Fees 1,109,500 1,109,500 ‐ 242,293 21.84% 264,608 ‐8.43% Business Licenses 160,000 160,000 36,178 84,145 52.59% 57,409 46.57% Utility Users Tax 1,881,000 1,881,000 165,012 898,952 47.79% 904,768 ‐0.64% Tax Increment Pass‐thru Payment 338,000 338,000 270,516 270,516 80.03% 215,950 25.27% TAXES‐TOTAL 20,990,000 20,990,000 2,531,392 6,952,378 33.12% 6,320,567 10.00%

INTERGOVERNMENTAL
County WDA Shared Revenue 160,000 160,000 ‐ 101,376 63.36% ‐ 100.00% Mandated Cost Reimbursement 30,000 30,000 ‐ ‐ 0.00% ‐ ** Motor Vehicle In Lieu 20,000 20,000 ‐ ‐ 0.00% ‐ **
Public Safety Augmentation Tax 161,075 161,075 17,631 70,969 44.06% 67,306 5.44% INTERGOVERNMENTAL‐TOTAL 371,075 371,075 17,631 172,345 46.44% 67,306 156.06%

CHARGES FOR SERVICES
Charges for Services 105,280 86,030 514 41,083 47.75% 44,231 ‐7.12% Information Technology Charges 30,345 30,345 2,529 15,173 50.00% 12,143 100.00% CHARGES FOR SERVICES‐TOTAL 135,625 116,375 3,043 56,256 48.34% ‐ 56,374 0.21%

FEES AND PERMITS
Solid Waste Impact Fees 1,150,000 1,150,000 ‐ 376,478 32.74% 337,202 11.65% Building Permits and Fees 1,300,000 1,300,000 78,461 475,082 36.54% 826,129 ‐42.49%Planning Permits and Fees 106,250 106,250 6,762 42,845 40.32% 45,249 ‐5.31%Engineering Permits and Fees 73,300 73,300 16,745 49,711 67.82% 36,071 37.81%Public Benefit Fee ‐ ‐ ‐ ‐ ** ‐ 325,897 100.00%Recycling Fees 93,750 93,750 ‐ 19,525 20.83% 20,320 ‐3.91% Other Permits and Fees 267,500 267,500 43,074 132,210 49.42% 274,799 ‐51.89% Community Services Fees 46,500 46,500 5,425 39,827 85.65% 11,590 70.90% FEES AND PERMITS ‐TOTAL 3,037,300 3,037,300 150,467 1,135,678 37.39% 1,877,257 ‐39.50% December 2021 General Fund Revenues (50% of year)

CITY OF STANTON
FY 2021/22

ATTACHMENT A

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%
FY 2021/22 FY 2021/22 Activity Change
Adopted Amended During Year To Date Percent of FY 2020/21 From Budget Budget December Actual * Budget Actual Prior Year December 2021 General Fund Revenues (50% of year)

CITY OF STANTON
FY 2021/22

FINES AND FORFEITURES
General Fines 600 600 56 18,170 3028.33% 478 3701.26%
Motor Vehicle Fines 120,670 120,670 2,003 20,777 17.22% 49,832 ‐58.31%Parking Citations 205,000 205,000 26,682 123,124 60.06% 127,554 ‐3.47%DMV Parking Collections 70,300 70,300 5,569 28,906 41.12% 17,811 62.29% Administrative Citation 15,000 15,000 900 3,460 23.07% ‐ 3,795 8.83% FINES AND FORFEITURES‐TOTAL 411,570 411,570 35,210 194,437 47.24% 199,470 ‐2.52%

USE OF MONEY AND PROPERTY
Investment Earnings 185,000 185,000 26,500 71,192 38.48% 116,871 ‐39.08% Unrealized Gains (Losses) ‐ ‐ 3,173 (127,660) ** (53,728) 137.60% Interest on Loan to Landscape District Fund 16,570 16,570 3,627 10,882 65.67% ‐ 100.00% Rental Income 28,305 28,305 7,053 28,039 99.06% 5,360 423.12% USE OF MONEY AND PROPERTY‐TOTAL 229,875 229,875 40,353 ‐ (17,547) 7.63% 68,503 ‐125.61%

MISCELLANEOUS REVENUE
Miscellaneous Revenue 198,700 269,500 4,278 122,216 45.35% 41,063 197.63% MISCELLANEOUS REVENUE‐TOTAL 198,700 269,500 4,278 122,216 45.35% 41,063 197.63%

TRANSFERS IN
From Gas Tax Fund 205,000 205,000 17,083 102,500 50.00% 60,250 70.12% From Protective Services Fund 375,000 375,000 127,706 193,216 51.52% 242,758 ‐20.41% From Supplemental Law Enforcement Grants Fund 150,000 150,000 12,500 75,000 50.00% 46,795 60.27% From Housing Authority Fund ‐ 890,000 ‐ 890,000 100.00% ‐ 100.00% TRANSFERS IN‐TOTAL 730,000 1,620,000 157,289 1,260,716 77.82% 349,803 72.25% TOTAL REVENUES AND TRANSFERS IN $ 26,104,145 $ 27,045,695 $ 2,939,663 $ 9,876,479 36.52% 8,980,343 $ 9.98% * = Actual data is reported through December.

ATTACHMENT A

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FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget December Actual * % of Budget Actual Prior Year 101 General Fund
430100 Current Year‐Secured $ 1,144,000 $ 1,144,000 $ 375,017 $ 563,929 49.29% 574,787 ‐1.89% 430105 Current Year‐Unsecured 32,500 32,500 ‐ 18,532 57.02% 15,253 21.50% 430115 Property Tax‐Supplemental 23,000 23,000 1,437 5,475 23.80% 5,403 1.33% 430120 Residual Redevelopment Property Tax 1,267,000 1,267,000 791,483 791,483 62.47% 582,742 35.82% 430121 In‐Lieu Vehicle License Fee 4,640,000 4,640,000 ‐ ‐ 0.00% ‐ ** 430135 Homeowners Tax Relief 1,000 1,000 744 744 74.40% 781 ‐4.74% 430140 Property Transfer Tax 106,000 106,000 9,917 67,853 64.01% 52,002 30.48% 430200 Sales And Use Tax 4,810,000 4,810,000 423,039 1,802,881 37.48% 1,685,243 6.98% 430300 Transient Occupancy Tax 480,000 480,000 11,715 253,391 52.79% 225,374 12.43% 430405 Franchise Tax/Cable TV 224,500 224,500 ‐ 51,718 23.04% 85,382 ‐39.43% 430410 Franchise Tax/Electric 214,000 214,000 ‐ ‐ 0.00% ‐ ** 430415 Franchise Tax/Gas 58,000 58,000 ‐ ‐ 0.00% ‐ **430420 Franchise Tax/Refuse 525,000 525,000 ‐ 190,575 36.30% 179,226 6.33%430425 Franchise Tax/Water 88,000 88,000 ‐ ‐ 0.00% ‐ **430500 Business License Tax 160,000 160,000 36,178 84,145 52.59% 57,409 46.57% 430600 Util User Tax/Electricity 935,500 935,500 77,400 526,749 56.31% 535,541 ‐1.64% 430605 Util User Tax/Telephone 316,000 316,000 15,613 83,482 26.42% 92,390 ‐9.64% 430610 Util User Tax/Gas 211,000 211,000 21,586 80,444 38.13% 61,081 31.70% 430615 Util User Tax/Water 418,500 418,500 50,413 208,277 49.77% 215,756 ‐3.47% 440100 AB 1389 Pass Through from RDA 338,000 338,000 270,516 270,516 80.03% 215,950 25.27% 101 General Fund 15,992,000 15,992,000 2,085,058 5,000,194 31.27% 4,584,320 9.07% 102 General Fund (Transactions & Use Tax)
430250 Transactions & Use Tax 4,998,000 4,998,000 446,334 1,952,184 39.06% 1,736,247 12.44% 102 General Fund (Transactions & Use Tax) 4,998,000 4,998,000 446,334 1,952,184 39.06% 1,736,247 12.44% TAXES ‐ TOTAL $ 20,990,000 $ 20,990,000 $ 2,531,392 $ 6,952,378 33.12% 6,320,567 $ 10.00% TAXES
December 2021 General Fund Revenues (50% of year)
FY 2021/22
* = Actual data is reported through December.

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FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget December Actual * % of Budget Actual Prior Year 101 General Fund433100 Charges For Services $ 105,280 $ 86,030 $ 514 $ 41,083 47.75% 44,231 $ ‐7.12% 433136 Information Technology Charges 30,345 30,345 2,529 15,173 50.00% 12,143 19.97% CHARGES FOR SERVICES ‐ TOTAL $ 135,625 $ 116,375 $ 3,043 $ 56,256 48.34% $ ‐ 56,374 0.21%

CHARGES FOR SERVICES
December 2021 General Fund Revenues (50% of year)
FY 2021/22
* = Actual data is reported through December.

ATTACHMENT A

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FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget December Actual * % of Budget Actual Prior Year 101 General Fund432121 County WDA Shared Revenue $ 160,000 160,000$ $ ‐ $ 101,376 63.36% $ ‐ 100.00% 432135 Mandated Cost Reimbursement 30,000 30,000 ‐ ‐ 0.00% ‐ **432150 Motor Vehicle In Lieu 20,000 20,000 ‐ ‐ 0.00% ‐ ** 432180 Public Safety Augmentation Tax 161,075 161,075 17,631 70,969 44.06% 67,306 5.16% INTERGOVERNMENTAL ‐ TOTAL $ 371,075 371,075$ $ 17,631 $ 172,345 46.44% $ 67,306 156.06%

INTERGOVERNMENTAL
December 2021 General Fund Revenues (50% of year)
FY 2021/22
* = Actual data is reported through December.

ATTACHMENT A

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FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget December Actual * % of Budget Actual Prior Year 101 General Fund431100 Building Plan Check Fees $ 70,000 $ 70,000 $ 44,909 $ 137,299 196.14% 36,677 $ 274.35% 431105 Mechanical Permits 250,000 250,000 4,390 37,840 15.14% 112,970 ‐66.50% 431110 Building Permits 750,000 750,000 18,976 230,504 30.73% 537,000 ‐57.08%431115 Plumbing Permits 80,000 80,000 2,525 19,790 24.74% 46,190 ‐57.16%431120 Electrical Permits 150,000 150,000 7,661 49,649 33.10% 93,292 ‐46.78% 431130 Engineering Plan Check Fees 33,300 33,300 13,245 24,405 73.29% 14,745 65.51%431135 Public Works Permits 40,000 40,000 3,500 25,306 63.27% 21,326 18.66%431140 S M I P ‐ Commercial Fees 500 500 ‐ 7 1.40% ‐ 205 96.59% 431145 S M I P‐Residential Permits 1,000 1,000 34 41 4.10% 33 24.24% 431146 SB 1473 Fee 2,500 2,500 15 402 16.08% ‐ 1,330 69.77%431150 Grading Plan Review ‐ ‐ 2,890 7,225 ** ‐ 8,670 16.67% 431155 Grading Permits ‐ ‐ 735 2,940 ** ‐ 3,675 25.00%431160 Solid Waste Impact Fees 1,150,000 1,150,000 ‐ 376,478 32.74% 337,202 11.65% 431185 Parking Permits 50,000 50,000 5,375 10,782 21.56% 7,543 42.94% 431190 Towing Franchise Fee 30,000 30,000 720 11,700 39.00% 23,670 ‐50.57%431194 Public Benefit Fee ‐ ‐ ‐ ‐ ** ‐ 325,897 100.00% 431195 Other Fees & Permits 15,000 15,000 1,770 12,770 85.13% 17,050 ‐25.10% 431200 Cannabis Business Initial Permit Fee ‐ ‐ ‐ ‐ ** ‐ 143,000 100.00% 433200 Conditional Use Permit 6,000 6,000 2,485 12,425 207.08% ‐ 100.00% 433205 Precise Plan Of Design 15,000 15,000 1,050 2,100 14.00% ‐ 9,230 77.25% 433210 Variance 2,000 2,000 ‐ ‐ 0.00% ‐ ** 433220 Preliminary Plan Review 6,000 6,000 ‐ 7,500 125.00% 1,875 75.00% 433225 Environmental Services 4,400 4,400 75 505 11.48% ‐ 3,790 86.68% 433227 Foreclosure Registration 10,850 10,850 217 2,469 22.76% ‐ 4,375 43.57% 433230 Zoning Entitlements 5,000 5,000 ‐ ‐ 0.00% ‐ ** 433235 Land Divisions 10,000 10,000 ‐ 2,500 25.00% ‐ 3,730 32.98% 433240 Special Event Permits 500 500 ‐ 180 36.00% 180 0.00% 433245 Sign/Ban'R/Gar Sa/Temp Use Per 6,000 6,000 230 3,600 60.00% 1,365 163.74%

FEES AND PERMITS
December 2021 General Fund Revenues (50% of year)
FY 2021/22

ATTACHMENT A

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FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget December Actual * % of Budget Actual Prior Year 101 General Fund

FEES AND PERMITS
December 2021 General Fund Revenues (50% of year)
FY 2021/22
433250 Ministerial Services 15,000 15,000 2,275 8,550 57.00% 8,345 2.46% 433260 Landscape Plan Check 1,000 1,000 325 1,300 130.00% ‐ 100.00% 433270 General Plan Maint Surcharge 15,000 15,000 105 1,507 10.05% 11,330 ‐86.70% 433285 Other Developmental Fees 5,000 5,000 ‐ 389 7.78% ‐ 1,209 67.82%433305 General Recreation Programs 24,000 24,000 1,955 21,617 90.07% ‐ 100.00% 433315 Sports Fields 22,500 22,500 3,470 18,210 80.93% 11,590 36.35%437115 Recycling Fees 93,750 93,750 ‐ 19,525 20.83% 20,320 ‐3.91% 430505 New/Moved Bus Lic Appl Rev 40,000 40,000 2,190 16,540 41.35% 16,954 ‐2.44% 430510 Business Tax Renewal Process 130,000 130,000 31,372 68,772 52.90% 51,808 32.74% 430515 SB 1186 3,000 3,000 (2,027) 851 28.37% 681 24.96% FEES AND PERMITS ‐ TOTAL $ 3,037,300 $ 3,037,300 $ 150,467 $ 1,135,678 37.39% 1,877,257 $ ‐39.50% * = Actual data is reported through December.

ATTACHMENT A

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FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget December Actual * % of Budget Actual Prior Year 101 General Fund434100 General Fines $ 600 $ 600 $ 56 $ 18,170 3028.33% $ 478 3701.26% 434105 Motor Vehicle Fines 120,670 120,670 2,003 20,777 17.22% 49,832 ‐58.31% 434110 Parking Citations 205,000 205,000 26,682 123,124 60.06% 127,554 ‐3.47% 434115 DMV Parking Collections 70,300 70,300 5,569 28,906 41.12% 17,811 62.29% 434120 Administrative Citations 15,000 15,000 900 3,460 23.07% ‐ 3,795 8.83% FINES AND FORFEITURES ‐ TOTAL $ 411,570 $ 411,570 $ 35,210 $ 194,437 47.24% 199,470 $ ‐2.52%

FINES AND FORFEITURES
December 2021 General Fund Revenues (50% of year)
FY 2021/22
* = Actual data is reported through December.

ATTACHMENT A

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FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget December Actual * % of Budget Actual Prior Year 101 General Fund435100 Interest Earned $ 185,000 $ 185,000 $ 26,500 $ 71,192 38.48% 116,871 $ ‐39.08% 435110 Unrealized Gains (Losses) ‐ ‐ 3,173 (127,660) ** (53,728) 137.60% 435200 Interest on Loan to Landscape District Fund 16,570 16,570 3,627 10,882 65.67% ‐ 100.00% 436125 Indoor Facility Rental ‐ ‐ 4,490 5,450 ** ‐ (3,144) 273.35% 436127 Outdoor Picnic Shelters 7,450 7,450 775 12,080 162.15% ‐ 100.00% 436135 Pac Bell Mobile Svcs‐Rent 20,855 20,855 1,788 10,509 50.39% 8,504 23.58% USE OF MONEY AND PROPERTY ‐ TOTAL $ 229,875 $ 229,875 $ 40,353 $ (17,547) ‐7.63% $ ‐ 68,503 125.61%

USE OF MONEY AND PROPERTY
December 2021 General Fund Revenues (50% of year)
FY 2021/22

ATTACHMENT A

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FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget December Actual * % of Budget Actual Prior Year 101 General Fund432256 Grant (non‐government agency) $ 4,200 $ 74,200 $ 903 $ 74,514 100.42% $ 3,755 1884.39% 437100 Sale Of Publications ‐ ‐ ‐ 121 ** 3 3933.33%
437105 Firework Services 475 475 ‐ ‐ 0.00% ‐ **
437125 Donations ‐ 800 ‐ 800 100.00% 600 25.00%437135 Expense Reimbursement ‐ ‐ ‐ 39,292 ** 7,500 80.91% 437137 Loan Repayment from Landscape Maintenance District 164,025 164,025 ‐ ‐ 0.00% ‐ ** 437195 Other Revenue 30,000 30,000 3,375 7,489 24.96% ‐ 29,205 74.36% MISCELLANEOUS REVENUE ‐ TOTAL $ 198,700 $ 269,500 $ 4,278 $ 122,216 45.35% $ 41,063 197.63%

MISCELLANEOUS REVENUE
December 2021 General Fund Revenues (50% of year)
FY 2021/22
* = Actual data is reported through December.

ATTACHMENT A

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FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget December Actual * % of Budget Actual Prior Year 101 General Fund439211 Transfer From Gas Tax Fund $ 205,000 $ 205,000 $ 17,083 $ 102,500 50.00% $ 60,250 41.22% 439223 Transfer From Protective Services Fund 375,000 375,000 127,706 193,216 51.52% 242,758 ‐25.64% 439242 Transfer Fr Supp Law Enf Grant 150,000 150,000 12,500 75,000 50.00% 46,795 37.61% 439285 Transfer From Housing Authority ‐ 890,000 ‐ 890,000 100.00% ‐ 100.00% TRANSFERS IN ‐ TOTAL $ 730,000 $ 1,620,000 $ 157,289 $ 1,260,716 77.82% 349,803 $ 72.25%

TRANSFERS IN
December 2021 General Fund Revenues (50% of year)
FY 2021/22

ATTACHMENT A

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Division
No. Description
FY 2021/22
Adopted
Budget
FY 2021/22
Amended
Budget
Activity During
December
Year to Date
Actual *
Percent of
Budget
FY 2020/21
Actual
1100 City Council 116,710 $ $ 116,710 $ 13,963 $ 68,461 58.66% 45,469 $ 50.57% 1200 City Attorney 302,000 302,000 88,683 138,398 45.83% 62,058 123.01% 1300 City Manager 473,195 473,195 39,093 235,614 49.79% 207,981 13.29% 1400 City Clerk 190,515 190,515 15,037 88,783 46.60% 82,630 7.45% 1410 Personnel/Risk Management 176,885 176,885 16,208 75,660 42.77% 65,573 15.38% 1510 Information Technology 524,980 531,098 30,030 292,312 55.04% 318,566 ‐8.24% Administration 1,784,285 1,790,403 203,014 899,228 50.22% 782,277 14.95% 1500 Finance 862,565 890,691 76,208 390,392 43.83% 396,231 ‐1.47% 1600 Non‐Dept (excludes Transfers) 48,000 48,000 ‐ 446 0.93% ‐ 20,754 97.85% Finance 910,565 938,691 76,208 390,838 41.64% 416,985 ‐6.27% 1520 Emergency Preparedness 5,000 57,796 4,630 18,003 31.15% ‐ 100.00%2100 Law Enforcement 12,197,850 12,197,850 1,021,461 6,109,712 50.09% 5,663,109 7.31% 2200 Fire Protection 5,166,860 5,166,860 1,283,387 2,566,775 49.68% 2,454,530 4.57% 2230 Contractual Ambulance Svcs 2,500 2,500 ‐ 100 4.00% ‐ 1,286 92.22% 2400 Animal Control Services 191,390 191,390 48,620 94,925 49.60% 90,405 4.76% 2500 Public Safety‐Other 110,175 110,175 6,436 67,151 60.95% 63,617 5.56% 4300 Parking Control 250,890 250,890 21,694 122,076 48.66% 106,396 14.74% 6200 Code Enforcement 519,870 519,870 38,662 234,188 45.05% 225,089 4.04% Public Safety 18,444,535 18,497,331 2,424,890 9,212,930 49.81% 8,604,432 7.07% 3000 Public Works Administration 507,575 521,468 36,782 232,060 44.50% 234,715 ‐1.13% 3100 Engineering 145,390 162,110 3,010 37,422 23.08% ‐ 72,269 48.22% 3200 Public Facilities 436,340 441,620 46,659 204,561 46.32% 170,092 20.26% 3300 Crossing Guard 43,165 43,165 2,169 13,582 31.47% 543 96.00% 3400 Parks Maintenance 412,680 443,580 30,486 185,940 41.92% 172,825 7.59% 3500 Street Maintenance 498,980 498,980 19,220 155,187 31.10% 192,202 ‐19.26% 3600 Storm Drains 115,860 115,860 42,985 46,781 40.38% ‐ 72,184 35.19% 6300 Graffiti Abatement 101,900 101,900 2,947 18,137 17.80% ‐ 36,820 50.74% Public Works 2,261,890 2,328,683 184,258 893,670 38.38% 951,650 ‐6.09% City of Stanton
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
% Change
from Prior
Year
* = Actual data is reported through December.

ATTACHMENT B

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Division
No. Description
FY 2021/22
Adopted
Budget
FY 2021/22
Amended
Budget
Activity During
December
Year to Date
Actual *
Percent of
Budget
FY 2020/21
Actual
City of Stanton
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
% Change
from Prior
Year
4000 Community Development Administration 313,625 313,625 18,794 150,957 48.13% 86,588 74.34% 4100 Planning 344,590 607,787 60,513 254,976 41.95% 164,697 54.82% 4200 Building Regulation 784,255 787,455 121,048 212,450 26.98% 340,678 ‐37.64% 4400 Business Relations 37,800 37,800 ‐ 570 1.51% 269 111.90% Community Development 1,480,270 1,746,667 200,355 618,953 35.44% 592,232 4.51% 5000 Public Information Office (1) 120,600 120,850 9,294 52,646 43.56% 50 99.91% 5100 Community Services Administration 509,015 579,265 109,369 318,007 54.90% 318,026 ‐0.01%5200 Community Center Operations 170,530 170,530 6,929 38,441 22.54% 2,217 1633.92% 5300 Park Operations 224,470 224,470 17,298 100,508 44.78% 72,521 38.59% 5400 Senior Citizen Programs 61,515 61,815 3,761 25,820 41.77% 20,876 23.68% 5500 Recreation Programs (1) 48,900 48,900 9,501 25,146 51.42% 3,125.000 87.57% Community Services 1,135,030 1,205,830 156,152 560,568 46.49% 416,815 34.49% Transfer to FACT Grant 17,100 17,100 ‐ 7,125 41.67% ‐ 12,375 73.68% Transfer to Senior Transportation Fund 10,565 10,565 634 3,673 34.77% 1,706 115.30% Transfer to SCP Maintenance 41,140 41,140 3,428 20,570 50.00% ‐ 100.00%Transfers to Other Funds 68,805 68,805 4,062 31,368 45.59% 14,081 122.77% TOTAL EXPENDITURES $ 26,085,380 $ 26,576,410 $ 3,248,939 $ 12,607,555 47.44% $ 11,778,472 7.04% (1) ‐ New division in the Fiscal Year 2021/22 Adopted Budget. * = Actual data is reported through December.

ATTACHMENT B

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Acct. No. Description % of Budget
FY 2020/21
Actual
101 General Fund1100 City Council501105 Salaries‐Elected $ 52,200 $ 52,200 $ 4,023 $ 26,100 50.00% 24,591 $ 6.14% 502120 Medicare/Fica 740 740 58 378 51.08% 356 6.18%
502130 Other Benefit Charges 770 770 61 455 59.09% 296 53.72% 602100 Special Dept Expense 10,000 10,000 266 5,652 56.52% 2,872 96.80% 602110 Office Expense 2,000 2,000 35 148 7.40% ‐ 234 36.75%602115 Postage ‐ ‐ ‐ 3 ** ‐ 5 40.00% 607100 Membership/Dues 36,585 36,585 9,365 27,732 75.80% 13,455 106.11% 607110 Travel/Conference/Meetings 11,000 11,000 50 5,073 46.12% 125 97.54% 612115 Liability Insurance Charge 3,415 3,415 105 2,920 85.51% 3,535 ‐21.06%1100 City Council Total 116,710 116,710 13,963 68,461 58.66% 45,469 50.57%1200 City Attorney608105 Professional Services 302,000 302,000 88,683 138,398 45.83% 62,058 123.01% 1200 City Attorney Total 302,000 302,000 88,683 138,398 45.83% 62,058 123.01% 1300 City Manager501110 Salaries‐Regular 269,710 269,710 23,375 128,503 47.64% 111,571 15.18% 501115 Salaries‐Overtime ‐ ‐ 39 141 ** ‐ 100.00% 502100 Retirement 79,735 79,735 5,831 32,284 40.49% 27,342 18.07%502105 Workers Comp Insurance 6,250 6,250 463 2,544 40.70% ‐ 100.00% 502110 Health/Life Insurance 25,545 25,545 3,582 15,714 61.51% 9,991 57.28% 502111 Medical In‐Lieu Pay 2,100 2,100 85 510 24.29% ‐ 100.00% 502115 Unemployment Insurance 525 525 ‐ ‐ 0.00% ‐ 2 100.00% 502120 Medicare/Fica 3,580 3,580 334 1,851 51.70% 1,616 14.54% 502130 Other Benefit Charges 1,730 1,730 206 1,131 65.38% 56 95.05% 602110 Office Expense 1,200 1,200 232 2,308 192.33% 2,503 ‐7.79%602115 Postage 250 250 ‐ 2 0.80% ‐ 12 500.00% 607100 Membership/Dues 800 800 ‐ 926 115.75% 400 56.80% Administration ‐ Vazquez
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
* = Actual data is reported through December.

ATTACHMENT B

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Acct. No. Description % of Budget
FY 2020/21
Actual
Administration ‐ Vazquez
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
1300 City Manager, Continued
607110 Travel/Conference/Meetings 5,600 5,600 45 1,865 33.30% 266 85.74% 608105 Professional Services 48,000 48,000 4,000 24,000 50.00% 24,265 ‐1.10% 612105 Vehicle Replacement Charge 700 700 58 350 50.00% 355 ‐1.43% 612115 Liability Insurance Charge 27,470 27,470 843 23,485 85.49% 29,602 ‐26.05%1300 City Manager Total 473,195 473,195 39,093 235,614 49.79% 207,981 13.29% 1400 City Clerk501110 Salaries‐Regular 110,905 110,905 8,225 49,876 44.97% 49,545 0.67%501115 Salaries‐Overtime ‐ ‐ 59 211 ** 133 58.65% 502100 Retirement 34,480 34,480 2,769 16,789 48.69% 15,739 6.67% 502105 Workers Comp Insurance 1,985 1,985 163 988 49.77% ‐ 100.00% 502110 Health/Life Insurance 19,080 19,080 1,569 8,409 44.07% 7,851 7.11% 502115 Unemployment Insurance 330 330 ‐ ‐ 0.00% 2 ‐100.00% 502120 Medicare/Fica 1,550 1,550 115 699 45.10% 685 2.04% 502130 Other Benefit Charges 965 965 72 439 45.49% 25 94.31% 602110 Office Expense 2,250 2,250 213 1,515 67.33% 305 79.87% 602115 Postage 500 500 68 254 50.80% 224 11.81%602120 Books/Periodicals 100 100 ‐ ‐ 0.00% ‐ ** 607100 Membership/Dues 1,130 1,130 200 415 36.73% 520 ‐25.30% 607110 Travel/Conference/Meetings 750 750 ‐ ‐ 0.00% ‐ ** 607115 Training 2,500 2,500 ‐ 70 2.80% ‐ 100.00% 608105 Professional Services 6,000 6,000 500 1,981 33.02% 1,266 56.48% 608140 Elections 360 360 820 820 227.78% ‐ (1,179) 169.55% 612105 Vehicle Replacement Charge 580 580 48 290 50.00% 293 ‐1.03% 612115 Liability Insurance Charge 7,050 7,050 216 6,027 85.49% ‐ 7,221 19.81%1400 City Clerk Total 190,515 190,515 15,037 88,783 46.60% 82,630 7.45% 1510 Information Technology
501110 Salaries‐Regular 81,120 81,120 6,498 39,098 48.20% 34,820 12.29% * = Actual data is reported through December.

ATTACHMENT B

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Acct. No. Description % of Budget
FY 2020/21
Actual
Administration ‐ Vazquez
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
1510 Information Technology, Continued
501115 Salaries‐Overtime 10,000 10,000 539 2,711 27.11% ‐ 5,084 46.68% 502100 Retirement Charges 22,940 22,940 2,053 12,397 54.04% 11,014 12.56% 502105 Workers Comp Insurance 1,320 1,320 129 774 58.64% ‐ 100.00% 502110 Health/Life Insurance 19,550 19,550 1,602 7,357 37.63% 6,604 11.40% 502115 Unemployment Insurance 300 300 ‐ ‐ 0.00% ‐ 100.00% 502120 Medicare/Fica 1,080 1,080 88 555 51.39% 534 3.93% 502130 Other Benefit Charges 680 680 57 344 50.59% 17 100.00% 602140 Materials & Supplies 15,000 15,000 657 5,112 34.08% 4,366 17.09% 603105 Equipment Maintenance 25,000 25,000 8,364.000 11,340 45.36% 14,029 ‐23.71% 604100 Communications 97,900 97,900 7,959 41,094 41.98% 30,585 25.57%608100 Contractual Services 244,925 244,925 1,292 165,996 67.77% 107,424 54.52%608145 Information Technology ‐ ‐ ‐ ‐ ** 23,372 ‐100.00% 612115 Liability Insurance Charge 5,165 5,165 158 4,416 85.50% ‐ 100.00% 701050 Computer Software ‐ 6,118 634 1,118 18.27% ‐ 41,617 97.31% 701105 Equipment‐General ‐ ‐ ‐ ‐ ** 39,100 ‐100.00%
1510 Information Technology Total 524,980 531,098 30,030 292,312 55.04% 318,566 ‐8.24% TOTAL ADMINISTRATION‐VAZQUEZ 1,607,400 $ $ 1,613,518 $ 186,806 $ 823,568 51.04% 716,704 $ 14.91% * = Actual data is reported through December.

ATTACHMENT B

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Acct. No. Description
101 General Fund1410 Personnel/Risk Management501110 Salaries‐Regular $ 91,820 $ 91,820 $ 6,876 $ 40,288 43.88% 40,118$ 0.42% 501115 Salaries‐Overtime ‐ ‐ ‐ 244 ** ‐ 100.00% 502100 Retirement 18,940 18,940 1,607 9,415 49.71% 8,880 6.02%502105 Workers Comp Insurance 1,590 1,590 136 798 50.19% ‐ 100.00% 502110 Health/Life Insurance 16,075 16,075 1,327 6,227 38.74% 6,322 ‐1.50%502111 Medical In‐Lieu Pay ‐ ‐ ‐ 500 ** ‐ 100.00% 502115 Unemployment Insurance 300 300 ‐ ‐ 0.00% ‐ ** 502120 Medicare/FICA 1,285 1,285 96 589 45.84% 585 0.68% 502130 Other Benefit Charges 800 800 61 355 44.38% 20 1675.00% 602110 Office Expense 1,400 1,400 ‐ 33 2.36% ‐ 193 82.90% 602115 Postage 200 200 32 83 41.50% 71 14.46%
607100 Membership/Dues 725 725 ‐ 425 58.62% 300 29.41% 607110 Travel/Conference/Meetings 2,000 2,000 ‐ ‐ 0.00% ‐ **607115 Training 6,000 6,000 23 ‐ (140) 2.33% ‐ 100.00% 607120 Education Reimbursement Program 10,000 10,000 ‐ ‐ 0.00% ‐ ** 608105 Professional Services 10,000 10,000 2,957 4,884 48.84% 5,758 ‐15.18% 608125 Advertising/ Business Dev't 1,800 1,800 ‐ 2,117 117.61% 75 2722.67% 609125 Employee/Volunteer Recognition 7,500 7,500 2,863 4,544 60.59% 2,943 54.40% 612105 Vehicle Replacement Charge 610 610 51 305 50.00% 308 ‐0.98%612115 Liability Insurance Charge 5,840 5,840 179 4,993 85.50% ‐ 100.00% TOTAL ADMINISTRATION‐GUZMAN 176,885 $ $ 176,885 $ 16,208 $ 75,660 42.77% 65,573$ 15.38% Administration ‐ Guzman
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity During
December
Year to Date
Actual *
FY 2020/21
% of Budget Actual
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
* = Actual data is reported through December.

ATTACHMENT B

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Acct. No. Description % of Budget
FY 2020/21
Actual
101 General Fund
1500 Finance501110 Salaries‐Regular 466,220 $ $ 469,790 $ 34,777 $ 209,502 44.59% 195,942 $ 6.92% 501115 Salaries‐Overtime 500 500 ‐ 116 23.20% ‐ 100.00% 501120 Salaries‐Part Time 42,415 38,575 3,213 20,411 52.91% 26,664               ‐23.45% 502100 Retirement 112,590 112,860 9,275 56,044 49.66% 49,649 12.88% 502105 Workers Comp Insurance 8,960 8,960 752 4,552 50.80% ‐ 100.00% 502110 Health/Life Insurance 53,520 53,520 4,101 22,005 41.12% 19,358 13.67% 502111 Medical In‐Lieu Pay 4,920 4,920 505 3,030 61.59% ‐ 100.00% 502115 Unemployment Insurance 1,935 1,935 ‐ ‐ 0.00% 846 ‐100.00%502120 Medicare/FICA 7,120 7,120 472 2,870 40.31% 2,792 2.79% 502130 Other Benefit Charges 4,470 4,470 308 1,854 41.48% 482 74.00% 602110 Office Expense 8,000 8,000 67 568 7.10% 976 ‐41.80% 602115 Postage 5,000 5,000 1,010 1,955 39.10% 1,178 39.74% 602120 Books/Periodicals 415 415 (92) 38 9.16% ‐ 100.00% 607100 Membership/Dues 795 795 110 302 37.99% 110 63.58% 607110 Travel/Conference/Meetings 4,200 4,200 769 2,028 48.29% ‐ 100.00% 607115 Training 1,700 1,700 410 410 24.12% 150 173.33%608105 Professional Services 88,035 116,161 18,466 32,179 27.70% 16,858 47.61% 608107 Financial Services 17,600 17,600 971 4,193 23.82% 7,644 ‐45.15%608130 Temporary Help ‐ ‐ ‐ ‐ ** 35,287 ‐100.00% 611116 Payment to Other Agencies ‐ ‐ ‐ 68 ** 55 23.64%
612105 Vehicle Replacement Charge 1,220 1,220 102 610 50.00% 618 ‐1.31% 612115 Liability Insurance Charge 32,350 32,350 992 27,657 85.49%               ‐ 37,622 36.03% 702100 Furniture‐Office 600 600 ‐ ‐ 0.00% ‐ **
1500 Finance Total 862,565 890,691 76,208 390,392 43.83% 396,231             ‐1.47% Finance‐Bannigan
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through December.

ATTACHMENT B

Page 7 of 24 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
Finance‐Bannigan
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
1600 Non‐Departmental602100 Special Dept Expense 3,000 ‐ 3,000 446 14.87% 19,600 ‐4294.62% 602110 Office Expense ‐ ‐ ‐ ‐ ** ‐ 1,154 100.00% 611105 Revenue Sharing‐City of Anaheim 40,000 40,000 ‐ ‐ 0.00% ‐ ** 611116 Payment to Other Agencies 5,000 ‐ 5,000 ‐ 0.00% ‐ ** 1600 Non‐Departmental Total 48,000 48,000 ‐ 446 0.93% ‐ 20,754 97.85% TOTAL FINANCE $ 910,565 $ 938,691 $ 76,208 $ 390,838 41.64% 416,985 $ ‐6.27% * = Actual data is reported through December.

ATTACHMENT B

Page 8 of 24 ends

Acct. No. Description % of Budget
101 General Fund1520 Emergency Services602140 Materials & Supplies $ 5,000 $ 5,000 $ ‐ $ 55 1.10% $ ‐ 100.00% 608105 Professional Services ‐ 52,796 4,630 17,948 33.99% ‐ 100.00% 1520 Emergency Services 5,000 57,796 4,630 18,003 31.15% ‐ 100.00% 2100 Law Enforcement602100 Special Dept Expense 3,000 3,000 ‐ ‐ 0.00% 527 ‐100.00% 602110 Office Expense 1,500 1,500 403 1,170 78.00% 353 69.83% 602145 Gas/Oil/Lube 3,000 3,000 26 323 10.77% 571 ‐76.78% 603125 Vehicle Maintenance ‐ ‐ ‐ ‐ ** 1,989 ‐100.00%
604100 Communications 36,030 36,030 ‐ 14,716 40.84% 14,867 ‐1.02%608100 Contractual Services 18,350 18,350 1,529 9,174 49.99% 15,046 ‐39.03%608160 O.C.S.D. Contract 8,629,270 8,629,270 710,583 4,290,935 49.73% 2,531,357 69.51% 612105 Vehicle Replacement Charge 8,700 8,700 725 4,350 50.00% 4,410 ‐1.38% 702100 Furniture‐Office ‐ ‐ ‐ ‐ ** 108 ‐100.00%
2100 Law Enforcement Total 8,699,850 8,699,850 713,266 4,320,668 49.66% 2,569,228 40.54% 2200 Fire Protection
602100 Special Department Expense 40,800 40,800 ‐ ‐ 0.00% ‐ ** 608185 O.C.F.A. Contract 3,626,060 3,626,060 927,643 1,855,286 51.17% 1,855,091 0.01% 2200 Fire Protection Total 3,666,860 3,666,860 927,643 1,855,286 50.60% 1,855,091 0.01% 2230 Ambulance Services
608190 Contractual Ambulance Svcs 2,500 2,500 ‐ 100 4.00% ‐ 1,286 92.22% 2230 Ambulance Services Total 2,500 2,500 ‐ 100 4.00% ‐ 1,286 92.22% 2400 Animal Control Services608170 Animal Control Services 191,390 191,390 48,620 94,925 49.60% 90,405 4.76% 2400 Animal Control Services Total 191,390 191,390 48,620 94,925 49.60% 90,405 4.76% % Change
From Prior
Year
FY 2020/21
Actual
Public Safety‐Wren
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through December.

ATTACHMENT B

Page 9 of 24 ends

Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2020/21
Actual
Public Safety‐Wren
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
2500 Public Safety‐Other
501110 Salaries‐Regular 58,390 58,390 4,059 29,171 49.96% 23,699 23.09% 501120 Salaries‐Part Time ‐ ‐ ‐ ‐ ** ‐ 4,445 100.00% 502100 Retirement Charges 11,765 11,765 980 5,925 50.36% ‐ 5,960 0.59%502105 Workers Comp Insurance 945 945 80 486 51.43% ‐ 100.00% 502110 Health/Life Insurance 705 705 34 193 27.38% ‐ 258 25.19% 502111 Medical In‐Lieu Pay 2,100 2,100 175 1,050 50.00% ‐ 100.00% 502115 Unemployment Insurance 105 105 ‐ ‐ 0.00% ‐ ** 502120 Medicare/FICA 785 785 61 371 47.26% ‐ 423 12.29% 502130 Other Benefit Charges 375 375 36 216 57.60% 76 64.81% 602100 Special Department Expense ‐ ‐ ‐ 100 ** ‐ 100.00% 602110 Office Expense 1,200 1,200 147 372 31.00% ‐ 771 51.75%602115 Postage 250 250 ‐ 1 0.40% ‐ 101 99.01% 602135 Safety Equipment ‐ ‐ ‐ 436 ** ‐ 100.00% 602140 Materials & Supplies ‐ ‐ ‐ 64 ** ‐ 100.00% 607115 Training 700 700 ‐ ‐ 0.00% ‐ **608100 Contractual Services 4,680 4,680 ‐ 4,678 99.96% ‐ 100.00% 612115 Liability Insurance Charge 28,175 28,175 864 24,088 85.49% 27,884 ‐15.76% 2500 Public Safety‐Other Total 110,175 110,175 6,436 67,151 60.95% 63,617 5.56% 4300 Parking Control501110 Salaries‐Regular 142,590 142,590 10,455 64,896 45.51% 64,135 1.19% 502115 Salaries‐Overtime ‐ ‐ ‐ 33 ** ‐ 100.00% 501120 Salaries‐Part Time 12,350 12,350 1,108 6,367 51.55% 5,950 7.01% 502100 Retirement 36,055 36,055 3,159 19,438 53.91% 18,536 4.87% 502105 Workers Comp Insurance 2,735 2,735 229 1,411 51.59% ‐ 100.00%502110 Health/Life Insurance 14,050 14,050 1,125 6,046 43.03% 5,670 6.63%502111 Medical In‐Lieu Pay 4,140 4,140 370 2,070 50.00% ‐ 100.00% 502115 Unemployment Insurance 705 705 ‐ ‐ 0.00% ‐ ** * = Actual data is reported through December.

ATTACHMENT B

Page 10 of 24 ends

Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2020/21
Actual
Public Safety‐Wren
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
4300 Parking Control, Continued
502120 Medicare/FICA 2,220 2,220 171 1,053 47.43% 1,032 2.03% 502130 Other Benefit Charges 1,445 1,445 93 574 39.72% 118 79.44% 602110 Office Expense 6,500 6,500 ‐ 5,302 81.57% 154 97.10%602115 Postage 500 500 12 119 23.80% 78 34.45% 602130 Clothing 4,500 4,500 ‐ 129 2.87% ‐ 100.00%604100 Communications 1,000 1,000 55 200 20.00% 490 ‐145.00% 608105 Professional Services 15,000 15,000 4,325 10,888 72.59% 8,435 22.53% 612105 Vehicle Replacement Charge 7,100 7,100 592 3,550 50.00% 1,798 49.35% 4300 Parking Control Total 250,890 250,890 21,694 122,076 48.66% 106,396 14.74% 6200 Code Enforcement501110 Salaries‐Regular 330,660 330,660 24,343 148,928 45.04% 141,904 4.95% 502115 Salaries‐Overtime ‐ ‐ ‐ 14 ** ‐ 100.00% 501120 Salaries‐Part Time 12,350 12,350 1,108 6,367 51.55% 5,565 14.41% 502100 Retirement 82,925 82,925 6,856 41,865 50.49% 38,930 7.54%502105 Workers Comp Insurance 6,050 6,050 504 3,075 50.83% ‐ 100.00%502110 Health/Life Insurance 40,430 40,430 3,563 19,315 47.77% 17,683 9.23%502111 Medical In‐Lieu Pay 4,560 4,560 405 2,280 50.00% ‐ 100.00% 502115 Unemployment Insurance 1,290 1,290 ‐ ‐ 0.00% ‐ **502120 Medicare/FICA 4,835 4,835 366 2,241 46.35% 2,118 5.81%502130 Other Benefit Charges 3,010 3,010 215 1,314 43.65% 151 88.51%602110 Office Expense 1,500 1,500 ‐ ‐ 0.00% 146 ** 602115 Postage 1,000 1,000 9 334 33.40% 457 ‐36.83%
602160 Code Enforcement Equipment 8,000 8,000 ‐ 108 1.35% ‐ 100.00% 603105 Equipment Maintenance 1,000 1,000 ‐ ‐ 0.00% ‐ **604100 Communications 800 800 ‐ ‐ 0.00% 624 ‐100.00% 607100 Membership/Dues 800 800 ‐ 380 47.50% ‐ ** 607105 Mileage Reimbursement 100 100 ‐ ‐ 0.00% ‐ ** * = Actual data is reported through December.

ATTACHMENT B

Page 11 of 24 ends

Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2020/21
Actual
Public Safety‐Wren
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
6200 Code Enforcement, Continued
607110 Travel/Conference/Meetings 1,500 1,500 ‐ ‐ 0.00% ‐ ** 607115 Training 1,000 1,000 ‐ 250 25.00% ‐ ** 608100 Contractual Services 4,000 4,000 315 1,575 39.38% 1,575 0.00% 608105 Professional Services 5,000 5,000 223 1,612 32.24% ‐ 100.00%608180 Prosecution/Code Enforcement ‐ ‐ ‐ ‐ ** ‐ 13,146 100.00% 612105 Vehicle Replacement Charge 9,060 9,060 755 4,530 50.00% 2,790 38.41% 6200 Code Enforcement Total 519,870 519,870 38,662 234,188 45.05% 225,089 4.04% 101 GENERAL FUND TOTAL $ 13,446,535 $ 13,499,331 $ 1,760,951 $ 6,712,397 49.72% $ 4,911,112 36.68% 102 General Fund (Transactions & Use Tax)
2100 Law Enforcement608160 O.C.S.D. Contract 3,498,000 3,498,000 308,195 1,789,044 51.14% 3,093,881 ‐42.17% 2100 Law Enforcement Total 3,498,000 3,498,000 308,195 1,789,044 51.14% 3,093,881 ‐42.17% 2200 Fire Protection
608185 O.C.F.A. Contract 1,500,000 1,500,000 355,744.000 711,489 47.43% 599,439 18.69% 2200 Fire Protection Total 1,500,000 1,500,000 355,744.000 711,489 47.43% 599,439 18.69% 102 TRANSACTIONS AND USE TAX TOTAL 4,998,000 $ $ 4,998,000 $ 663,939 $ 2,500,533 50.03% $ 3,693,320 ‐32.30% TOTAL PUBLIC SAFETY $ 18,444,535 $ 18,497,331 $ 2,424,890 $ 9,212,930 49.81% 8,604,432 $ 7.07% * = Actual data is reported through December.

ATTACHMENT B

Page 12 of 24 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
101 General Fund3000 Public Works Administration
501110 Salaries‐Regular 318,785 $ $ 329,551 $ 24,145 $ 124,011 37.63% 131,224 $ ‐5.50% 501120 Salaries‐Part Time 16,710 16,710 1,461 7,468 44.69% 6,699 11.48% 502100 Retirement Charges 68,410 70,924 5,833 29,981 42.27% 29,692 0.97%502105 Workers Comp Insurance 5,820 6,037 507 2,603 43.12% ‐ 100.00% 502110 Health/Life Insurance 50,580 50,720 2,528 13,321 26.26% 19,024 ‐29.98% 502111 Medical In‐Lieu Pay 600 600 550 2,300 383.33% ‐ 100.00% 502115 Unemployment Insurance 1,200 1,200 ‐ 224 18.67% ‐ 100.00% 502120 Medicare/FICA 4,575 4,732 373 1,906 40.28% 1,988 ‐4.12%502130 Other Benefit Charges 2,680 2,779 213 1,095 39.40% 162 85.21% 608130 Temporary Help ‐ ‐ ‐ 16,480 ** ‐ 100.00%612115 Liability Insurance Charge 38,215 38,215 1,172 32,671 85.49% 45,926 ‐40.57%3000 Public Works Administration Total 507,575 521,468 36,782 232,060 44.50% 234,715 ‐1.13%3100 Engineering501110 Salaries‐Regular 39,040 47,830 1,787 14,209 29.71% ‐ 23,189 38.73% 501115 Salaries‐Overtime ‐ ‐ ‐ ‐ ** ‐ 411 100.00% 502100 Retirement 8,525 11,140 416 2,728 24.49% 5,263 ‐48.17% 502105 Workers Comp Insurance 715 965 35 281 29.12% ‐ 100.00%502110 Health/Life Insurance 8,920 10,460 466 1,132 10.82% 5,358 ‐78.87%502115 Unemployment Insurance 135 195 57 57 29.23% ‐ 100.00% 502120 Medicare/FICA 565 695 26 202 29.06% ‐ 319 57.92% 502130 Other Benefit Charges 360 445 16 125 28.09% 12 90.40% 602110 Office Expense 2,100 2,100 23 76 3.62% ‐ 100.00% 602115 Postage ‐ ‐ 1 13 ** ‐ 317 95.90% 602140 Materials & Supplies 2,500 2,500 126 585 23.40% 281 108.19% 607100 Membership/Dues 1,850 1,850 ‐ 900 48.65% 115 87.22% % Change
From Prior
Year
Public Works ‐ Ames
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through December.

ATTACHMENT B

Page 13 of 24 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
% Change
From Prior
Year
Public Works ‐ Ames
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
3100 Engineering, Continued607110 Travel/Conference/Meetings 1,300 1,300 ‐                  21 1.62% ‐ 100.00% 607115 Training 1,000 1,000 ‐ ‐                  0.00% ‐ ** 608100 Contractual Services ‐ ‐ ‐ ‐                  **                 ‐ 2,640 100.00% 608105 Professional Services ‐ ‐ ‐ ‐                  ** 864 ‐100.00%608110 Engineering Services 44,400 47,650 ‐                  15,987 33.55% 22,829              ‐29.97% 608120 Plan Checking Services 33,300 33,300 ‐                  766 2.30%              ‐ 10,326 92.58% 612105 Vehicle Replacement Charge 680 680 57 340 50.00% 345 ‐1.47% 3100 Engineering Total 145,390 162,110 3,010 37,422 23.08% 72,269              ‐48.22% 3200 Public Facilities
501110 Salaries‐Regular 21,950 21,950 5,745 29,352 133.72% 11,030 166.11% 501115 Salaries‐Overtime 300 300 23 441 147.00% 74 83.22% 502100 Retirement 5,185 5,185 1,343 6,849 132.09% 2,506 173.30% 502105 Workers Comp Insurance 425 425 114 581 136.71% ‐ 100.00% 502110 Health/Life Insurance 4,820 4,820 832 3,772 78.26% 2,019 86.83% 502115 Unemployment Insurance 150 150 ‐ 34 22.67% ‐ 100.00%502120 Medicare/FICA 305 305 84 432 141.64% 160 170.00% 502130 Other Benefit Charges 200 200 51 258 129.00% 6 4200.00% 602100 Special Dept Expense 7,885 7,885 337 364 4.62% 2,414 ‐84.92% 602110 Office Expense 2,100 2,100 ‐ ‐                  0.00% 54 ‐100.00% 602130 Clothing 3,500 3,500 (58) 1,833 52.37% 1,376 33.21% 602135 Safety Equipment 500 500 ‐ ‐ 0.00% 563 ‐100.00%
602140 Materials & Supplies 8,000 8,000 731 1,654 20.68%                 ‐ 3,087 46.42% 603110 Building Maintenance 123,240 123,240 14,470 32,071 26.02% 34,284              ‐6.45%604100 Communications 35,000 35,000 957 2,817 8.05% 2,055 37.08%604105 Utilities 140,000 140,000 12,174 74,304 53.07% 67,603 9.02% 608100 Contractual Services 65,000 70,280 9,551 33,984 48.36% 23,302 45.84% 611110 O.C. Sanitation District User Fee 14,120 14,120 ‐                  13,985 99.04% 17,704              ‐26.59% * = Actual data is reported through December.

ATTACHMENT B

Page 14 of 24 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
% Change
From Prior
Year
Public Works ‐ Ames
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
3200 Public Facilities, Continued
612105 Vehicle Replacement Charge 3,660 3,660 305 1,830 50.00% 1,855 ‐1.37% 3200 Public Facilities Total 436,340 441,620 46,659 204,561 46.32% 170,092 20.26% 3300 Crossing Guard
608175 Crossing Guard Services 43,165 43,165 2,169 13,582 31.47% 543 96.00% 3300 Crossing Guard Total 43,165 43,165 2,169 13,582 31.47% 543 96.00% 3400 Parks Maintenance
501110 Salaries‐Regular 75,595 75,595 4,928 34,570 45.73% 28,410 21.68% 501115 Salaries‐Overtime 2,500 2,500 389 1,763 70.52% 1,194 47.65% 502100 Retirement 15,705 15,705 1,142 8,033 51.15% 6,405 25.42% 502105 Workers Comp Insurance 1,320 1,320 98 684 51.82% ‐ 100.00%502110 Health/Life Insurance 11,420 11,420 851 5,620 49.21% 4,206 33.62% 502111 Medicare/FICA 840 840 70 402 47.86% ‐ 100.00%
502115 Unemployment Insurance 405 405 ‐ 30 7.41% ‐ 100.00%502120 Medicare/Fica 1,060 1,060 78 533 50.28% 433 23.09% 502130 Other Benefit Charges 680 680 43 304 44.71% 14 95.39%602100 Special Dept Expense 5,000 5,000 285 595 11.90% 188 216.49% 603105 Equipment Maintenance 15,000 15,000 893 8,180 54.53% 7,887 3.71%604105 Utilities 176,000 176,000 15,753 80,424 45.70% 81,645 ‐1.52% 605100 Land Lease 3,000 33,900 ‐ 3,259 9.61% ‐ 5,161 36.85%608100 Contractual Services 99,700 99,700 5,585 39,315 39.43% 35,024 12.25%612105 Vehicle Replacement Charge 4,455 4,455 371 2,228 50.01% 2,258 ‐1.33%3400 Parks Maintenance Total 412,680 443,580 30,486 185,940 41.92% 172,825 7.59% 3500 Street Maintenance501110 Salaries‐Regular 106,230 106,230 6,886 43,248 40.71% 44,689 ‐3.22%501115 Salaries‐Overtime 4,000 4,000 447 2,479 61.98% 1,450 70.97% 502100 Retirement 23,180 23,180 1,601 9,964 42.99% 10,134 ‐1.68%502105 Workers Comp Insurance 1,930 1,930 136 856 44.35% ‐ 100.00% * = Actual data is reported through December.

ATTACHMENT B

Page 15 of 24 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
% Change
From Prior
Year
Public Works ‐ Ames
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
3500 Street Maintenance, Continued
502110 Health/Life Insurance 16,000 16,000 1,407 7,083 44.27% 6,474 9.41% 502111 Medical In‐Lieu Pay 2,310 2,310 193 1,107 47.92% ‐ 100.00% 502115 Unemployment Insurance 615 615 9.000 54 8.78% ‐ 100.00%502120 Medicare/FICA 1,515 1,515 109 679 44.82% 677 0.30% 502130 Other Benefit Charges 970 970 61 381 39.28% 22 94.23% 602100 Special Dept Expense 3,000 3,000 ‐ ‐ 0.00% ‐ ** 602125 Small Tools 4,000 4,000 ‐ ‐ 0.00% ‐ 921 100.00% 602140 Materials & Supplies 65,000 65,000 2,173 9,836 15.13% 30,495 ‐67.75% 603105 Equipment Maintenance 2,000 2,000 ‐ 999 49.95% ‐ 100.00% 608100 Contractual Services 190,000 190,000 4,679 69,386 36.52% 92,400 ‐24.91%612105 Vehicle Replacement Charge 18,230 18,230 1,519 9,115 50.00% 4,940 45.80% 710190 Pavement Maintenance 60,000 60,000 ‐ ‐ 0.00% ‐ ** 3500 Street Maintenance Total 498,980 498,980 19,220 155,187 31.10% 192,202 ‐19.26% 3600 Storm Drain Maintenance
608155 Storm Water Monitor Program 115,860 115,860 42,985 46,781 40.38% ‐ 72,184 35.19% 3600 Storm Drain Maintenance Total 115,860 115,860 42,985 46,781 40.38% 72,184 ‐35.19% 6300 Graffiti Abatement501110 Salaries‐Regular 38,570 38,570 544 2,989 7.75% 17,561 ‐487.52% 501115 Salaries‐Overtime 8,000 8,000 50 769 9.61% 212 72.43% 502100 Retirement Charges 8,935 8,935 127 679 7.60% ‐ 3,984 486.75% 502105 Workers Comp Insurance 735 735 11 59 8.03% ‐ 100.00% 502110 Health/Life Insurance 8,215 8,215 145 742 9.03% ‐ 3,215 333.29% 502115 Unemployment Insurance 255 255 ‐ 7 2.75% ‐ 100.00%502120 Medicare/FICA 540 540 9 54 10.00% ‐ 256 374.07% 502130 Other Benefit Charges 350 350 5 26 7.43% 9 65.38% 602100 Special Dept Expense ‐ ‐ ‐ ‐ #DIV/0! ‐ #DIV/0! 602140 Materials & Supplies 15,000 15,000 659 5,665 37.77% 3,887 45.74% * = Actual data is reported through December.

ATTACHMENT B

Page 16 of 24 ends

ATTACHMENT B

Page 17 of 24 ends

Acct. No. Description
% of
Budget
FY 2020/21
Actual
101 General Fund4000 Community Development Administration 501110 Salaries‐Regular $ 177,760 $ 177,760 $ 12,732 $ 76,564 43.07% 33,988 $ 125.27% 501115 Salaries‐Overtime ‐ ‐ 49 176 ** ‐ 100.00% 502100 Retirement Charges 52,005 52,005 2,768 18,152 34.90% 8,732 107.88% 502105 Workers Comp Insurance 4,280 4,280 252 1,516 35.42% ‐ 100.00% 502110 Health/Life Insurance 17,810 17,810 975 6,284 35.28% 3,713 69.24% 502115 Unemployment Insurance 345 345 ‐ ‐ 0.00% ‐ 82 100.00% 502120 Medicare/FICA 2,315 2,315 183 1,093 47.21% 477 129.14% 502130 Other Benefit Charges 1,145 1,145 112 674 58.86% 17 97.48% 602110 Office Expense 1,000 1,000 98 728 72.80% ‐ 747 2.54% 602120 Books/Periodicals 1,200 1,200 ‐ 178 14.83% ‐ 337 89.33% 607100 Membership/Dues 1,600 1,600 ‐ ‐ 0.00% ‐ ** 607110 Travel/Conference/Meetings ‐ ‐ ‐ 22 ** ‐ 100.00% 607115 Training 1,200 1,200 ‐ 289 24.08% ‐ 100.00%612115 Liability Insurance Charge 52,965 52,965 1,625 45,281 85.49% 38,261 15.50% 702100 Office Furniture ‐ ‐ ‐ ‐ ** ‐ 234 100.00% 4000 Community Development Administration Total 313,625 313,625 18,794 150,957 48.13% 86,588 74.34% 4100 Planning501110 Salaries‐Regular 207,355 204,825 14,275 101,206 49.41% 116,911 ‐13.43% 501115 Salaries‐Overtime 1,200 1,200 88.000 637 53.08% ‐ 870 26.78%501125 Salaries‐Appointed 9,000 9,000 692 4,500 50.00% 3,617 24.41%502100 Retirement 65,640 65,415 3,336 23,318 35.65% 25,578 ‐8.84%502105 Workers Comp Insurance 5,655 5,655 283 2,004 35.44% ‐ 100.00% 502110 Health/Life Insurance 29,995 29,580 2,043 12,240 41.38% ‐ 14,222 13.94% 502115 Unemployment Insurance 900 900 ‐ 6 0.67% ‐ 464 98.71% 502120 Medicare/FICA 3,140 3,110 218 1,539 49.49% 1,730 ‐11.04% 502130 Other Benefit Charges 2,095 2,095 126 891 42.53% 58 93.49% Community Development‐Lilley
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through December.

ATTACHMENT B

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Acct. No. Description
% of
Budget
FY 2020/21
Actual
Community Development‐Lilley
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
4100 Planning, Continued
602110 Office Expense                  ‐                 ‐ ‐ 49 ** (99) ‐100.00% 602115 Postage 750 750 (103) 176 23.47% 413 ‐134.66%
602140 Materials & Supplies 1,000 1,000 ‐ ‐ 0.00% ‐ **
607100 Membership/Dues 2,500 2,500 ‐ 721 28.84% 470 34.81% 607110 Travel/Conference/Meetings 8,200 8,200 114 114 1.39% 155 ‐26.45% 607115 Training 1,550 1,550 ‐ ‐ 0.00% ‐ **
608100 Contractual Services 4,000 4,000 1,706 1,706 42.65% ‐ 100.00% 608105 Professional Services ‐ 261,087 37,684 105,564 40.43% ‐ 100.00% 608135 Microfilming 1,000 1,000 ‐ ‐ 0.00% ‐ **
612105 Vehicle Replacement Charge 610 610 51 305 50.00% 308 ‐0.98% 4100 Planning Total 344,590 602,477 60,513 254,976 42.32% 164,697 54.82% 4200 Building Regulation501110 Salaries‐Regular 50,370 52,900 3,773 22,145 41.86% 30,814                ‐28.13% 502100 Retirement 14,085 14,310 882 5,175 36.16% 6,920                   ‐25.22% 502105 Workers Comp Insurance 1,130 1,130 75.000 438 38.76% ‐ 100.00% 502110 Health/Life Insurance 9,760 10,175 774 4,062 39.92% 4,735                   ‐14.21% 502111 Medical In‐Lieu Pay ‐ ‐ 30 183 ** ‐ 100.00%
502115 Unemployment Insurance 300 300 ‐ 104 34.67% 27 285.19% 502120 Medicare/FICA 730 760 55 324 42.63% 435 ‐25.52%
502130 Other Benefit Charges 480 480 33 195 40.63% 15 92.31% 602110 Office Expense 200 200 11 45 22.50% 114 ‐60.53%
602115 Postage 700 700 ‐ 6 0.86% 94 ‐93.62%602120 Books/Periodicals 500 500 ‐ ‐ 0.00% ‐ ** 607100 Membership/Dues 250 250 ‐ ‐ 0.00% ‐ **607110 Travel/Conference/Meetings 500 500 ‐ ‐ 0.00% ‐ ** 607115 Training 1,000 1,000 ‐ ‐ 0.00% ‐ **
608115 Inspection Services 700,000 700,000 115,415 179,638 25.66% 296,729              ‐39.46% * = Actual data is reported through December.

ATTACHMENT B

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Acct. No. Description
% of
Budget
FY 2020/21
Actual
Community Development‐Lilley
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
4200 Building Regulation, Continued
608135 Microfilming 2,000                ‐ 2,000 ‐                  0.00% ‐ ** 611116 Payment to Other Agencies 2,250 2,250 ‐ 135 6.00% ‐ 795 83.02% 4200 Building Regulation Total 784,255 787,455 121,048 212,450 26.98% 340,678              ‐37.64% 4400 Business Relations
607100 Membership/Dues 2,000 2,000 ‐ 570 28.50% ‐ 100.00% 607115 Training 2,500 2,500 ‐ ‐                  0.00% ‐ **608100 Contractual Services 2,250 2,250 ‐ ‐                  0.00% ‐ ** 608105 Professional Services 15,000 15,000 ‐ ‐                  0.00% ‐ **608145 Information Technology 3,750 3,750 ‐ ‐                  0.00% ‐ 250 100.00% 609100 Special Events 12,300 12,300 ‐ ‐                  0.00% ‐ ** 610210 Business Relations Programs ‐ ‐                 ‐ ‐                  ** 19 ‐100.00% 4400 Business Relations 37,800 37,800 ‐ 570 1.51% 269 111.90% 101 GENERAL FUND TOTAL $ 1,480,270 $ 1,741,357 $ 200,355 $ 618,953 35.54% 592,232 $ 4.51% 102 General Fund (Transactions & Use Tax)
4100 Planning608105 Professional Services ‐ 5,310 ‐ ‐                  0.00% ‐ ** 102 TRANSACTIONS AND USE TAX TOTAL $ ‐ $ 5,310 $ ‐ $ ‐ 0.00% $ ‐ ** TOTAL COMMUNITY DEVELOPMENT $ 1,480,270 $ 1,746,667 $ 200,355 $ 618,953 35.44% 592,232 $ 4.51% * = Actual data is reported through December.

ATTACHMENT B

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Acct. No. Description % of Budget
101 General Fund5000 Public Information Office
501110 Salaries‐Regular $ 82,975 $ 82,975 $ 6,257 $ 36,294 43.74% $ ‐ 100.00% 502100 Retirement Charges 18,765 18,765 1,462 8,482 45.20% ‐ 100.00%502105 Workers Comp Insurance 1,575 1,575 124 719 45.65% ‐ 100.00% 502110 Health/Life Insurance 12,445 12,445 1,012 5,409 43.46% ‐ 100.00% 502115 Unemployment Insurance 375 375 ‐ ‐ 0.00% ‐ **
502120 Medicare/FICA 1,190 1,190 91 526 44.20% ‐ 100.00%502130 Other Benefit Charges 775 775 55 319 41.16% ‐ 100.00% 602113 Social Media 2,500 2,500 293 645 25.80% 50 92.25% 607100 Membership/Dues ‐ 250 ‐ 252 100.80% ‐ 100.00%
5000 Public Information Office 120,600 120,850 9,294 52,646 43.56% 50 99.91% 5100 Community Services Administration
501110 Salaries‐Regular 279,875 279,875 20,563 122,878 43.90% 166,593 ‐26.24% 501120 Salaries‐Part Time 1,840 1,840 421 1,882 102.28% 21,656 ‐91.31% 502100 Retirement 65,905 65,905 5,362 32,111 48.72% 41,255 ‐22.16% 502105 Workers Comp Insurance 4,940 4,940 415 2,470 50.00% ‐ 100.00% 502110 Health/Life Insurance 29,000 29,000 2,343 12,680 43.72% 19,722 ‐35.71% 502111 Medical In‐Lieu Pay 6,000 6,000 500 3,125 52.08% ‐ 100.00% 502115 Unemployment Insurance 900 900 ‐ 2 0.22% 9 ‐77.78% 502120 Medicare/FICA 3,890 3,890 298 1,769 45.48% 2,683 ‐34.07% 502130 Other Benefit Charges 2,245 2,245 181 1,082 48.20% 395 63.49% 602100 Special Dept Expense 18,950 86,950 68,710 71,237 81.93% 1,985 3488.77% 602110 Office Expense 3,185 3,185 1,014 1,544 48.48% 589 162.14% 602115 Postage 500 500 327 360 72.00% ‐ 3,219 794.17% 603110 Building Maintenance 10,485 10,485 225 1,125 10.73% ‐ 100.00% 607100 Membership/Dues 1,160 910 ‐ 892 98.02% ‐ 100.00% 607115 Training 1,500 1,500 175 295 19.67% ‐ 100.00%
Community Service ‐ Bobadilla
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2020/21
Actual
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
* = Actual data is reported through December.

ATTACHMENT B

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Acct. No. Description % of Budget
Community Service ‐ Bobadilla
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2020/21
Actual
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
5100 Community Services Administration, Continued
609100 Special Events 11,500 14,000 6,362 9,939 70.99% 2,884 70.98% 612105 Vehicle Replacement Charge 7,845 7,845 654 3,923 50.01% 3,400 13.33% 612115 Liability Insurance Charge 59,295 59,295 1,819 50,693 85.49% 53,636             ‐5.81% 5100 Community Services Administration Total 509,015 579,265 109,369 318,007 54.90% 318,026          ‐0.01% 5200 Community Center Operations
501110 Salaries‐Regular 34,750 34,750 1,980 12,467 35.88% ‐ 100.00% 501115 Salaries‐Overtime ‐ ‐                  ‐                164 ** ‐ 100.00% 501120 Salaries‐Part Time 92,150 92,150 2,992 13,055 14.17% ‐ 100.00% 502100 Retirement 14,905 14,905 516 3,289 22.07% ‐ 100.00% 502105 Workers Comp Insurance 2,260 2,260 98 505 22.35% ‐ 100.00% 502110 Health/Life Insurance 6,130 6,130 334 1,897 30.95% ‐ 100.00% 502111 Medical In‐Lieu Pay 2,700 2,700 250 1,375 50.93% ‐ 100.00% 502115 Unemployment Insurance 1,500 1,500 ‐                4 0.27% ‐ 100.00% 502120 Medicare/FICA 1,855 1,855 76 392 21.13% ‐ 100.00% 502130 Other Benefit Charges 1,370 1,370 19 116 8.47% ‐ 100.00% 602100 Special Dept Expense 4,820 4,820 (75) 2,081 43.17% ‐ 100.00% 602110 Office Expense 1,000 1,000 277 451 45.10% ‐ 100.00% 603110 Building Maintenance 6,695 6,695 429 2,447 36.55% 2,017 21.32% 612105 Vehicle Replacement Charge 395 395 33 198 50.13% 200 ‐1.01% 5200 Community Center Operations 170,530 170,530 6,929 38,441 22.54% 2,217 94.23% 5300 Park Operations
501110 Salaries‐Regular 76,300 76,300 5,331 32,253 42.27% 26,385 22.24% 501115 Salaries‐Overtime ‐ ‐                  100 1,691 ** ‐ 100.00% 501120 Salaries‐Part Time 102,715 102,715 8,599 49,113 47.81% 34,585 42.01% 502100 Retirement 15,310 15,310 1,246 7,537 49.23% 5,995 25.72%502105 Workers Comp Insurance 3,540 3,540 276 1,611 45.51% ‐ 100.00% 502110 Health/Life Insurance 11,275 11,275 821 4,424 39.24% 3,542 24.90% * = Actual data is reported through December.

ATTACHMENT B

Page 22 of 24 ends

Acct. No. Description % of Budget
Community Service ‐ Bobadilla
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
FY 2020/21
Actual
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
5300 Park Operations, Continued
502111 Medical In‐Lieu Pay 2,000 2,000 50 650 32.50% ‐ 100.00% 502115 Unemployment Insurance 2,025 2,025 152 631 31.16% 337 87.24% 502120 Medicare/FICA 2,545 2,545 204 1,213 47.66% 897 35.23% 502130 Other Benefit Charges 2,260 2,260 51 308 13.63% ‐ 511 65.91% 602100 Special Dept Expense 5,500 5,500 400 992 18.04% ‐ 100.00% 602110 Office Expense 1,000 1,000 68 85 8.50% ‐ 269 68.40% 5300 Park Operations 224,470 224,470 17,298 100,508 44.78% 72,521 38.59% 5400 Senior Citizens Programs
501110 Salaries‐Regular 18,040 18,040 1,201 8,621 47.79% 3,854 123.69% 501115 Salaries‐Overtime ‐ ‐ ‐ 74 ** ‐ 100.00% 501120 Salaries‐Part Time 31,995 31,995 1,797 11,813 36.92% 15,013 ‐21.31% 502100 Retirement 3,470 3,470 281 2,015 58.07% 876 130.02% 502105 Workers Comp Insurance 880 880 59 405 46.02% ‐ 100.00%502110 Health/Life Insurance 2,890 2,890 203 1,261 43.63% 590 113.73% 502111 Medical In‐Lieu Pay 1,050 1,050 100 600 57.14% ‐ 100.00% 502115 Unemployment Insurance 600 600 ‐ ‐ 0.00% ‐ ** 502120 Medicare/FICA 725 725 45 306 42.21% 280 9.29%502130 Other Benefit Charges 665 665 11 82 12.33% 218 ‐165.85% 609200 Senior Citizen Program 1,200 1,500 64 643 42.87% 45 93.00% 5400 Senior Citizens Programs 61,515 61,815 3,761 25,820 41.77% 20,876 23.68% 5500 Recreation Programs602115 Postage 9,000 9,000 3,169 6,216 69.07% ‐ 100.00% 602150 Recreation Brochure Mailing 23,100 23,100 3,150 10,671 46.19% 3,125 70.72% 608150 Contractual Recreation Program 16,800 16,800 3,182 8,259 49.16% ‐ 100.00% 5500 Recreation Programs 48,900 48,900 9,501 25,146 51.42% 3,125 87.57% 101 TOTAL COMMUNITY SERVICES $ 1,135,030 $ 1,205,830 $ 156,152 $ 560,568 46.49% 416,815 $ 34.49% * = Actual data is reported through December.

ATTACHMENT B

Page 23 of 24 ends

Acct. No.

Description
% of Budget
101 General Fund1600 Non‐Departmental800250 Transfer to FACT Grant $ 17,100 $ 17,100 $ ‐ $ 7,125 41.67% $ ‐ 12,375 73.68% 800251 Transfer to Senior Transportation Fund 10,565 10,565 634 3,673 34.77% 1,706 115.30% 800280 Transfer to SCP Maintenance Fund 41,140 41,140 3,428 20,570 50.00% ‐ 100.00% TOTAL TRANSFERS OUT $ 68,805 $ 68,805 $ 4,062 $ 31,368 45.59% $ 14,081 122.77% Transfers to Other Funds‐Bannigan
December 2021 General Fund Expenditures (50% of year)
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *
% Change
From Prior
Year
FY 2020/21
Actual
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through December.

ATTACHMENT B

Page 24 of 24 ends

General Fund - Fund Balance Status
Measure GG
Transaction &
General Fund Use Tax Fund
(101) (102) Total
Reserves as of June 30, 2021:

Capital Improvement (A) $ 5,000,000 $ 5,000,000
Economic Uncertainty (B) 5,217,000 5,217,000
Emergency Disaster Continuity (C) 2,609,000 2,609,000
Equipment and Maintenance (A) 150,000 150,000
Technology Equipment (A) 150,000 150,000
Subtotal 13,126,000 - 13,126,000
Available Fund Balance (unreserved) 7,867,648 363,790 8,231,438 Total Fund Balance (Reserves & Available
Fund Balance) as of June 30, 2021 ** 20,993,648 363,790 21,357,438 Estimated increase (decrease) of fund balance
during Fiscal Year 2021-22 856,870 - 856,870
Total Projected Fund Balance (Reserves &
Available Fund Balance) as of June 30, 2022 $ 363,790 21,850,518 $ 22,214,308 $ Notes:
(A) - Flat amounts per Reserve Policy adopted on June 22, 2021 (City Resolution No. 2021-23). (B) - Amount is equal to 20% of Fiscal Year 2021/22 operating expenditures budgeted in General Fund per Reserve Policy adopted on June 22, 2021 (City Resolution No. 2021-23). (C) - Amount is equal to 10% of Fiscal Year 2021/22 operating expenditures budgeted in General Fund per Reserve Policy adopted on June 22, 2021 (City Resolution No. 2021-23). ** - Preliminary balance pending issuance of City's Fiscal Year 2020/21 audited financial statements.

ATTACHMENT C
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Account
No. Description
FY 2021/22
Adopted
Budget
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *% of Budget
FY 2020/21
Actual *
% Change
From Prior
Year

REVENUES
435100 Interest $ 150,000 $ 150,000 $ 7,591 $ 15,616 10.41% $ ‐ 56,548 262.12% 435110 Unrealized Gains/Losses ‐ ‐ (11,332) (34,862) ** (35,728) ‐2.48% 436140 Tina Way/Pacific Ave. Property Rent 500,000 500,000 1,410 141,797 28.36% 116,406 21.81% 437135 Expense Reimbursement 2,000 2,000 ‐ ‐ 0.00% ‐ 1,171 100.00% 437145 Sale Of Assets ‐ ‐ ‐ 606,902 ** 210,000 65.40% TOTAL REVENUES $ 652,000 $ 652,000 $ (2,331) $ 729,453 111.88% 348,397 $ 109.37%

ESTIMATED EXPENDITURES AND OTHER USES
Salaries and Benefits
501110 Salaries‐Regular 259,540 143,180 9,531 60,195 42.04%                   ‐ 83,602 28.00% 501115 Salaries‐Overtime 5,000 ‐ 59 263 ** 215 18.25%501120 Salaries‐Part‐Time 2,230 2,020 169 1,074 53.17% 1,044 2.87% 502100 Retirement 71,340 46,215 2,456 15,571 33.69% 19,014 ‐18.11% 502105 Workers' Compensation 4,500 2,390 192 1,213 50.75% ‐ 100.00% 502110 Health/Life Insurance 36,455 16,770 1,137 6,310 37.63% ‐ 9,180 31.26% 502111 Medical in Lieu 480 480 60 360 75.00% ‐ 100.00%
502115 Unemployment Insurance 1,035 435 ‐                 ‐ 0.00% 532 ‐100.00% 502120 Medicare/FICA 3,675 1,985 132 836 42.12% ‐ 1,171 40.07%502130 Other Benefits 2,205 1,125 84 530 47.11% 57 89.25% 608130 Temporary Help ‐ ‐ ‐ ‐ ** ‐ 1,851 100.00%
Total‐Salaries and Benefits 386,460 214,600 13,820 86,352 40.24% 116,666 ‐25.98% Maintenance and Operations
602100 Special Department Expense ‐ ‐ ‐                 ‐ **                   ‐ 26,144 100.00% 602110 Office Expense 1,000 1,000 ‐                 147 14.70% ‐ 100.00% 602115 Postage 500 500 ‐                 14 2.80% 208 ‐93.27%602140 Materials and Supplies 5,000 5,000 190 546 10.92% ‐ 100.00% 602145 Gas/Oil/Lube ‐ ‐ ‐                 20 ** ‐ 100.00% 603120 Minor Repairs 15,000 15,000 ‐ ‐ 0.00% ‐ 4,743 100.00% HOUSING AUTHORITY FUND (#285)
December 2021 Revenues and Expenditures (50% of year)
FY 2021/22

ATTACHMENT D

Page 1 of 2 ends

Click here to return to the agenda.

Account
No. Description
FY 2021/22
Adopted
Budget
FY 2021/22
Amended
Budget
Activity
During
December
Year to Date
Actual *% of Budget
FY 2020/21
Actual *
% Change
From Prior
Year
HOUSING AUTHORITY FUND (#285)
December 2021 Revenues and Expenditures (50% of year)
FY 2021/22
Maintenance and Operations , Continued
604105 Utilities 50,000 50,000 8,118 25,553 51.11% 34,070 ‐33.33% 607100 Membership Dues 5,300 5,300 ‐ ‐ 0.00% 4,630 ‐100.00% 607110 Travel/Conference/Meetings 1,000 1,000 ‐ ‐ 0.00% ‐ ** 607115 Training 2,500 2,500 ‐ ‐ 0.00% ‐ ** 608100 Contractual Services ‐ 2,457,940 1,168 312,202 12.70% 607,712 ‐94.65% 608105 Professional Services 437,000 410,000 24,155 91,843 22.40% 105,252 ‐14.60% 610135 Relocation Assistance 40,000 40,000 6,207 17,388 43.47% 70,832 ‐307.36% 610230 Navigation Center (North SPA) 30,000 30,000 ‐ ‐ 0.00% ‐ ** 611110 O.C. Sanitation User Fee 21,400 21,400 ‐ 20,837 97.37% ‐ 20,933 0.46% Total‐Maintenance and Operations 608,700 3,039,640 39,838 468,550 15.41% 874,524 ‐46.42%Allocated Charges 612105 Vehicle Replacement Charge 10,075 10,075 840 5,038 50.00% 1,535 69.53% 612115 Liability Insurance Charge 16,190 16,190 497.000 13,841 85.49% ‐ 100.00% 612140 Information Technology Charge 24,075 24,075 2,006 12,038 50.00% 8,855 26.44% 614205 Admin Overhead 40,100 20,850 1,481 9,565 45.88% ‐ 14,402 33.59% Total‐Allocated Charges 90,440 71,190 4,824 40,482 56.86% 24,792 63.29% Capital Outlay
760100 Demolition/Condemnation ‐ ‐ ‐ ‐ ** ‐ 43,686 100.00%790100 Land Acquisition ‐ ‐ ‐ ‐ ** 1,961,438 ‐100.00% Total‐Capital Outlay ‐ ‐ ‐ ‐ ** 2,005,124 ‐100.00% Transfers to Other Funds
800101 Transfer to General Fund ‐ 890,000 ‐ 890,000 100.00% ‐ 100.00% Total‐Transfers to Other Funds ‐ 890,000 ‐ 890,000 100.00% ‐ 100.00% TOTAL EXPENDITURES $ 1,085,600 $ 4,215,430 $ 58,482 $ 1,485,384 35.24% $ 3,021,106 ‐50.83% REVENUES OVER (UNDER) EXPENDITURES $ (433,600) $ (3,563,430) $ (60,813) $ (755,931) $ (2,672,709) * = Actual data is reported through December.

ATTACHMENT D

Page 2 of 2 ends

Housing Authority Fund (Fund 285) - Fund Balance Status Available Fund Balance as of June 30, 2021 ** 10,576,841 $ Estimated increase (decrease) of fund balance
during Fiscal Year 2021-22 (418,640)
Projected Available Fund Balance as of June 30, 2022 $ 10,158,201 ** - Preliminary balance pending issuance of the City's Fiscal Year 2020/21 audited financial statements.

ATTACHMENT E
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Task Code Description
Adopted Budget
2021/22
FY 2020/21
Budget
Carryover
Amended
Budget
2021/22
YTD
Actual
2021/22 Encumbrances
% Spent
(Includes
Encumbrances)
Remaining
Budget
Street Projects
2021‐105 Traffic Signal Improvements ‐ Fiscal Year 2020/21 $ ‐ $ 200,740 $ 200,740 $ ‐ $ 109,784 54.7% $ 90,956 2022‐101 Citywide Street Rehabilitation ‐ Fiscal Year 2021/22 2,075,000 49,253 2,124,253 41,864 17,889 2.8% 2,064,500 $ 2022‐102 Citywide Street Sign Replacement 150,000 ‐ 150,000 513 ‐ 0.3% 149,487 Total Street Projects $ 2,225,000 $ 249,993 $ 2,474,993 $ 42,377 $ 127,673 6.9% 2,304,943 $ Parks Projects
2021‐201 Park Master Plan $ ‐ $ 100,870 $ 100,870 $ ‐ $ ‐ 0.0% $ 100,870 2021‐202 Hollenbeck Rubber Replacement ‐ 200,735 200,735 ‐ ‐ 0.0% 200,735 2021‐203 Premier Park Play Equipment and Rubber ‐ 200,735 200,735 ‐ ‐ 0.0% 200,735 2021‐204 Harry Dotson Rubber ‐ 70,510 70,510 ‐ ‐ 0.0% 70,510 2021‐205 Dog Park (design) 50,000 ‐ 50,000 ‐ ‐ 0.0% 50,0002022‐201 Family Resource Center Improvements 425,000 ‐ 425,000 ‐ ‐ 0.0% 425,000 2022‐202 Rehabilitate Building at Dotson Park 141,000 ‐ 141,000 ‐ ‐ 0.0% 141,000 Total Parks Projects $ 616,000 $ 572,850 $ 1,188,850 $ ‐ $ ‐ 0.0% $ 1,188,850 Sewer
2022‐301 Sewer Master Plan Update $ 500,000 ‐ $ 500,000 ‐ ‐ 0.0% $ 500,000 Total Sewer $ 500,000 $ ‐ $ 500,000 $ ‐ $ ‐ 0.0% $ 500,000 GRAND TOTAL $ 3,341,000 $ 822,843 $ 4,163,843 $ 42,377 $ 127,673 4.1% 3,993,793 $ Funding Source
211 Gas Tax Fund 381,431 $ ‐ $ $ 381,431 $ 513 $ ‐ 0.1% $ 380,918 215 Road Maintenance Rehabilitation Account (RMRA) (SB‐1) 1,060,640 49,253 1,109,893 41,864 17,889 5.4% 1,050,140 220 Measure M Turnback Fund 750,000 174,740 924,740 ‐ 83,784 9.1% 840,956 222 CDBG Grant Fund 350,000 ‐ 350,000 ‐ ‐ 0.0% 350,000
262 Traffic Signal Impact Fees Fund ‐ 26,000 26,000 ‐ 26,000 100.0% ‐ 263 Community Center Impact Fees Fund 141,000 ‐ 141,000 ‐ ‐ 0.0% 141,000 305 Capital Projects Fund (Reserves) 32,929 ‐ 32,929 ‐ ‐ 0.0% 32,929 310 Park In‐Lieu Fund 125,000 572,850 697,850 ‐ ‐ 0.0% 697,850 501 Sewer Maintenance Fund 500,000 ‐ 500,000 ‐ ‐ 0.0% 500,000 GRAND TOTAL $ 3,341,000 $ 822,843 $ 4,163,843 $ 42,377 $ 127,673 4.1% 3,993,793 $

CITY OF STANTON
FY 2021/22

STATUS OF CAPITAL IMPROVEMENT PROJECTS (CIP)
JULY 1, 2021 THROUGH DECEMBER 31, 2021
ATTACHMENT F Click here to return to the agenda.

CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and City Council
DATE: February 22, 2022
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA APPROVING SUBDIVISION TRACT MAP NO. 19067
REPORT IN BRIEF:

The subdivision tract map for the development of seven detached condominium units for the property located at 7091 Kermore Lane has been submitted by the developer for final certification and recordation.

RECOMMENDED ACTION:

1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332; and

2. Adopt Resolution No. 2022-09 approving final Tract Map No. 19067, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION TRACT MAP NO. 19067 FOR THE PROPERTY LOCATED AT 7091 KERMORE LANE”; and

3. Find that the recordation of Tract Map No. 19067 will not be in violation of any of the provisions of Section 66474, 66474.1, and 66474.2 of the Subdivision Map Act; and

BACKGROUND:

On May 20, 2020, the Planning Commission of the City of Stanton adopted Planned Development Permit No. PDP 20-03 and Tentative Tract Map No. 19067, for development of seven (7) detached condominium units, with a private driveway, and common open space amenities located at 7091 Kermore Lane. The project is currently underway and a Tract Map must be recorded prior to the sale of any unit.

ANALYSIS AND JUSTIFICATION:

Recording of the final tract map is required per Section 66426 of the Subdivision Map Act. The City Engineer has reviewed the subdivision Tract Map No. 19067 and all associated documentation, and is satisfied that the final tract map substantially complies with the Planned Development Permit No. PDP 20-03.

Orange County Public Works has also reviewed Tract Map No. 19067 and has certified to the technical correctness of the Map and its compliance with the provisions of the Subdivision Map Act.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of the California Environmental Quality Act (CEQA), this project has been determined to be categorically exempt under Section 15332, Class 32 (In-Fill Development).

PUBLIC NOTIFICATION:

Public notification provided through the regular agenda process.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
5 - Provide a high quality of life.

Prepared by: Approved by:
/s/ Joe Ames /s/ Jarad L. Hildenbrand
_________________ ________________
Joe Ames, P.E. Jarad L. Hildenbrand
Director of Public Works/City Engineer City Manager
Attachments:

A. Resolution No. 2022-09
B. Final Tract Map No. 19067
RESOLUTION NO. 2022-09

Page 1 of 2 ends

RESOLUTION NO. 2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION TRACT MAP NO. 19067 FOR THE PROPERTY LOCATED AT 7091 KERMORE LANE
WHEREAS, on May 20, 2020, the Planning Commission of the City of Stanton adopted Planned Development Permit No. PDP 20-03 and Tentative Tract Map No. 19067 which approved the development of seven detached condominium units located at 7091 Kermore Lane; and
WHEREAS, all necessary documentation associated with this subdivision have been reviewed by the City Engineer; and
WHEREAS, the final map is substantially in compliance with the previously approved Planned Development Permit No. PDP 20-03 and Tentative Tract Map No. 19067; and WHEREAS, the City Council has made the finding that none of the conditions for mandatory denial exist relative to the proposed subdivision, in accordance with Section 66474, 66474.1 and 66474.2 of the Subdivision Map Act; and WHEREAS, the City Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section) 65450) of Chapter 3 of Division 1 of the Government Code; and WHEREAS, the City Council finds that final Tract Map No. 19067 satisfies the provisions of the Subdivision Map Act, Stanton Municipal Code and the Conditions of Approval.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Stanton, California, hereby approves final Tract Map No. 19067.

ADOPTED, SIGNED AND APPROVED this 22nd day of February, 2022.

DAVID J. SHAWVER, MAYOR
Attachment: A
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RESOLUTION NO. 2022-09

Page 2 of 2 ends

APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-09 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on February 22, 2022, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK

1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 22, 2022
SUBJECT: AWARD OF CONTRACT TO RJM DESIGN GROUP TO PROVIDE

PROFESSIONAL DESIGN CONSULTING SERVICES FOR THE DOG
PARK DESIGN PROJECT (TASK CODE 2021-205) AND

APPROPRIATION OF FUNDS
REPORT IN BRIEF:

Earlier this year, a conceptual drawing to develop a 54,886±square-foot vacant, underutilized property that runs diagonally east-southeast from Western Avenue to Cerritos Avenue into a dog park was completed. City staff released a “Request for Proposal” (RFP) soliciting proposals to provide professional design consulting services for the final design and all necessary construction documents for the development of a parkette. City staff believes that RJM Design Group is the best qualified to provide professional design consulting services for the Dog Park design and is recommending award of a design contract to that firm. In addition, staff is requesting City Council approval for an appropriation of $164,000 to increase the budget for the Dog Park Design project from $50,000 to $214,000.

RECOMMENDED ACTIONS:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301; and

2. Award a contract to RJM Design Group to provide professional design consulting services for a maximum contract amount of $193,962.00; and

3. Authorize the City Manager to bind the City of Stanton and RJM Design Group in a contract to provide the services; and

4. Authorize the City Manager to approve contract change orders with RJM Design Group, as needed and determined by City Staff, for any contingencies up to $20,000; and

5. Appropriate $164,000 from the Park In Lieu Fees Fund (#310) to increase the Dog Park Design project’s budget (Task Code 2021-205) to $214,000.

Item: 6H
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2 BACKGROUND:

The Orange County Transportation Authority (“OCTA”) owns the railroad right-of-way between Western Avenue and Cerritos Avenue, in the City of Stanton. The 54,886±square-foot, vacant, underutilized property runs diagonally east-southeast from Western Avenue. Conceptual drawings to develop this underutilized property into a dog park was completed by David Volz Design.

The conceptual design for the dog park includes the following elements:
• Two-lane bike trail
• Sidewalk and decorative rock cobble
• Lighting
• Bollards at entry points
• Tube-steel fencing enclosing park and dog areas
• Decorative trellises and vines
• Drought-tolerant landscaping (succulents)
• Focal tree
• Seating areas and seat-walls
• Shade structures
• Drinking fountains
• Dog agility equipment
• Dog bag dispensers
Since the conceptual drawings for the dog park were completed, City staff released a “Request for Proposal” (RFP) soliciting proposals to provide professional design consulting services for the final design and development of all necessary construction drawings and documents for the development of the park. The RFP was released in a two-envelope format in accordance with the City’s Purchasing Policy and Procedures which requires that at least three design firms be solicited to provide proposals. City staff solicited proposals from multiple firms. The first envelope consists of a written proposal highlighting the firm’s experience and qualifications, and a second separate, sealed envelope contains the fee proposal. The written proposal envelopes are opened, and the enclosed proposals are evaluated by City staff. Once a consensus is reached on the best written proposal, City staff will negotiate a fee with the best qualified consultant. In the event the City cannot negotiate a fee with the best qualified consultant, the City will negotiate a fee with the second ranked consultant, and so on until an agreement is reached. In this way, contract award is based on best-qualified contractor rather than lowbid, which is appropriate for a design contract. 3 ANALYSIS/JUSTIFICATION:

A Request for Proposals was issued on November 8, 2021 with a proposal due date of December 21, 2021. Five firms provided proposals: STOSS Landscape Urbanism, David Volz Design, BGB Design Group, RJM Design Group, and JMC2. The proposals were evaluated by the City Manager, the Public Works Department and the Community Services Department, and City Staff came to a consensus that RJM Design Group provided the best proposal.

City staff believes that RJM Design Group is qualified to provide professional design consulting services for the design of a new dog park because RJM Design Group has successfully provided dog park design services to other cities, such as Mission Viejo, Encinitas, Lake Forest, and San Diego. The total lump sum design fee is $178,962.00 with reimbursable expenses fee, such as printing, plotting, copying, scanning, photography, graphic expenses, permits, plan check, and inspection fees, and City business License fees, of $15,000.00.

FISCAL IMPACT:

The Fiscal Year 2021/2022 Budget for the Dog Park Design project (Task Code 2021- 205) is $50,000. Staff is requesting City Council approval to appropriate $164,000 from the Park In Lieu Fees Fund to increase the budget to $214,000. The Park in Lieu Fees Fund (#310) has an available balance of approximately $2.9 million.

ENVIRONMENTAL IMPACT:

The action requested in this report is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
3 – Provide a high-quality infrastructure.

Prepared by: Reviewed by:
/s/ Han Sol Yoo /s/ Joe Ames
_________________ ________________________
Han Sol Yoo Joe Ames, P.E., T.E.

Associate Engineer Director of Public Works/City Engineer 4 Concurred by: Approved by:
/s/ Michelle Bannigan /s/ Jarad L. Hildenbrand
_______________________
Michelle Bannigan, CPA Jarad L. Hildenbrand
Finance Director City Manager
Attachments:

A) Draft Professional Services Agreement
B) RJM Design Group’s proposal and fee proposal
Attachment: A
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Attachment: B
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 22, 2022
SUBJECT: AWARD OF CONTRACT TO BOA ARCHITECTURE TO PROVIDE

PROFESSIONAL BUILDING AND LANDSCAPE ARCHITECTURAL
DESIGN SERVICES FOR RENOVATIONS TO THE CITY’S FAMILY

RESOURCE CENTER
REPORT IN BRIEF:

Earlier this year, the City’s Community Services Department obtained a Community Development Block Grant from the County of Orange for renovations to the City’s Family Resource Center. City staff released a “Request for Proposal” (RFP) soliciting proposals to provide building and landscape architectural design services. City staff believes that BOA Architecture is the best qualified to provide professional building and landscape architectural design services for renovations to the City’s Family Resource Center and is recommending award of a design contract to that firm. City staff is also recommending BOA Architecture also provide construction support services.

RECOMMENDED ACTIONS:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(a); and

2. Award a contract to BOA Architecture to provide professional architectural design services and construction support services for a maximum contract amount of $57,600; and

3. Authorize the City Manager to bind the City of Stanton and BOA Architecture in a contract to provide the services; and

4. Authorize the City Manager to approve contract change orders with BOA Architecture, as needed and determined by City Staff, for any contingencies up to $20,000.

BACKGROUND:

Item: 6I
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2 The grant agreement calls for Property renovations to include the following elements:
• Security mesh screens for outside gates
• New LED exterior lighting
• Improved gate access points
• New air conditioning units
• Replacement of indoor lighting
• New playground structure
• Evaluation and upgrades for ADA compliance
• New rubberized playground surface
• New playground shade structure
• Removal of the courtyard planter and construction of concrete walkway • Replacement of outdoor basketball system
• Replacement of picnic benches
• Installation of outdoor storage shed
• Painting of the interior
• New flooring including vinyl and carpeting
• New facility identification signage facing Beach Boulevard and Santa Paula Avenue
• New quartz countertop at reception area
• Re-laminating of existing kitchen cabinet faces and doors • New blinds/window tint
• New ceiling tiles
Because the County’s grant agreement requires that the construction work be contracted out, the City is required to prepare plans and specifications for the work. Therefore, City staff released a “Request for Proposal” (RFP) soliciting proposals to provide professional building and landscape architectural design services for the renovation. The RFP was released in a two-envelope format in accordance with the City’s Purchasing Policy and Procedures which requires that at least three design firms be solicited to provide proposals. City staff solicited proposals from multiple firms. The first envelope consists of a written proposal highlighting the firm’s experience and qualifications, and a second separate, sealed envelope contains the fee proposal. The written proposal envelopes are opened, and the enclosed proposals are evaluated by City staff. Once a consensus is reached on the best written proposal, City staff will negotiate a fee with the best qualified consultant. In the event the City can not negotiate a fee with the best qualified consultant, the City will negotiate a fee with the second ranked consultant, and so on until an agreement is reached. In this way, contract award is based on best-qualified contractor rather than low-bid, which is appropriate for a design contract. 3 ANALYSIS/JUSTIFICATION:

A Request for Proposals was issued on November 29, 2021 with a proposal due date of January 11, 2022. Three firms provided proposals: YNG Architects, Crane Architectural Group, and BOA Architecture. The proposals were evaluated by the Public Works Department and the Community Services Department, and City Staff came to a consensus that BOA Architecture provided the best proposal.

City staff believes that BOA Architecture is qualified to provide building and landscape architectural design services for the renovation to the City’s Family Resource Center because BOA Architecture has successfully provided design services to other municipal facilities, such as the City of Hawaiian Gardens, Sierra Madre, Long Beach, and Pasadena. The total lump sum design fee is $43,600 with an optional construction management fee of $14,000. The optional construction management fee covers bidding assistance, pre-bid / pre-construction meetings, responding to RFI and technical assistance. City staff is also recommending that the optional construction management proposal be awarded.

FISCAL IMPACT:

The Fiscal Year 2021/2022 Adopted Budget includes $425,000 for Family Resource Center Improvements (Project No. 2022-201).

ENVIRONMENTAL IMPACT:

The action requested in this report is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(a).

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
3 – Provide a high quality infrastructure.

Prepared by: Reviewed by:
/s/ Han Sol Yoo /s/ Joe Ames
_________________ ________________________
Han Sol Yoo Joe Ames, P.E., T.E.

A) Draft Professional Services Agreement
B) BOA Architecture’s proposal and fee proposal
Attachment: A
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Attachment: B
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 22, 2022
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO PRO INSTALLATIONS INC. DBA PROSPECTRA CONTRACT FLOORING FOR SHERIFF’S

SUBSTATION FLOORING REPLACEMENT PROJECT AND

APPROPRIATION OF FUNDS
REPORT IN BRIEF:

The City of Stanton solicited bids for the services of a qualified professional to replace the flooring at the Sheriff’s Substation located at 11100 Cedar Street. Normal wear and tear throughout the years has necessitated replacement. A total of five (5) bids were submitted and opened on February 7, 2022. Based on review of the bids and contractual documents submitted, City Staff recommends the lowest responsible and responsive bidder, Pro Installations Inc. dba ProSpectra Contract Flooring, be awarded the construction contract.

In addition, staff is requesting City Council approve an appropriation of $60,000 from the Capital Projects Fund’s (#305) available balance to fund the amount of the contract and contingency.

RECOMMENDED ACTIONS:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(a); and

3. Authorize the City Manager to bind the City of Stanton and Pro Installations Inc. dba ProSpectra Contract Flooring in a contract to provide the services; and

5. Appropriate $60,000 from the Capital Projects Fund (#305) for the Sheriff’s Substation Flooring Replacement Project (Task Code 2022-605).

Item: 6J
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2 BACKGROUND:

The City of Stanton requires the services of a qualified professional to replace the flooring at the Sheriff’s Substation located at 11100 Cedar Street in Stanton. Normal wear and tear throughout the years have necessitated replacement.

The Project consists of carpet and vinyl commercial plank installation, which requires the removal and replacement of carpet, preparation of subfloor, installation of new carpet tile and new rubber cove base, and the preparation of existing sheet vinyl, application of adhesive, installation of new plank vinyl commercial flooring and installation of new rubber cove base and flooring transition products, and the removal, relocation, and reinstallation of furniture needed to install flooring.

City staff released a Bid Package soliciting bids to perform the flooring replacement on November 10, 2021 with a mandatory pre-bid meeting on November 30, 2021. Bid opening was on December 14, 2021 and two (2) bids were submitted and opened; however, both bids were rejected for not complying with the bid package requirements and contract documents.

Following the rejection of the submitted bids, City Staff released the bid package for a second time on January 13, 2022 for re-bidding. The mandatory pre-bid meeting was set on January 25, 2022, and bid opening was on February 7, 2022.

Five (5) contractors submitted bids for this project and bids were opened on February 7, 2022. Typically, construction contract award is based on the lowest responsive, responsible Bidder as determined by the City from the Total Base Bid.

ANALYSIS/JUSTIFICATION:

Bid opening for this project was on February 7, 2022, and any contractor who attended one of the mandatory pre-bid conferences was eligible to submit a bid. Five (5) contractors submitted bids for the project, and the lowest bid was for $50,001.60.

The five (5) following bids were received and opened with Total Bid Price, submitted by the contractor, and the calculated total using the contractors’ unit prices:

Rank Company
Submitted Total
Base Bid
Calculated Total
Base Bid
1 ProSpectra Contract Flooring $50,000.00 $50,001.60
2 Bob Mardigan Floor Covering $56,264.00 $56,264.60
3 JJJ Floor Covering, Inc. $65,312.42 $65,322.77
4 Cornejo Construction Co. $70,217.29 $70,217.29
5 SCS Flooring System $73,736.00 $73,736.00
3 While ProSpectra Contract Flooring submitted a total bid of $50,000.00, awards are done on the basis of unit prices. Therefore, the actual bid is $50,001.60 and the contract amount is reflective of this corrected bid. City Staff has reviewed the submitted documents and found that Pro Installations Inc. dba ProSpectra Contract Flooring has submitted the lowest bid and is compliant with the contract documents. Upon successful execution of the contract documents, the project is expected to begin construction in March.

FISCAL IMPACT:

This project is not included in the City’s current Fiscal Year 2021/22 budget. The Capital Projects Fund (#305) has an available balance of approximately $120,000 due to accumulated budget savings from previous years’ capital projects that were funded with discretionary funds. After approving the $60,000 appropriation requested by staff, the Capital Projects Fund’s available balance will be reduced to approximately $60,000 by June 30, 2022.

ENVIRONMENTAL IMPACT:

The action requested in this report is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(a).

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
3 – Provide a high-quality infrastructure.

Prepared by: Reviewed by:
/s/ Han Sol Yoo /s/ Joe Ames
_________________ ________________________
Han Sol Yoo Joe Ames, P.E., T.E.

Associate Engineer Director of Public Works/City Engineer Concurred by: Approved by:
/s/ Michelle Bannigan /s/ Jarad L. Hildenbrand
_______________________
Michelle Bannigan, CPA Jarad L. Hildenbrand
Finance Director City Manager
4 Attachments:

A. Draft Short Form Construction Contract
B. Pro Installation Inc. dba ProSpectra Contract Flooring’s Bid C. Bid Recap Sheet
Attachment: A
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Attachment: B
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Attachment: C
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 22, 2022
SUBJECT: AWARD OF CONTRACT TO G2 CONSTRUCTION TO INSTALL CATCH

BASIN AUTOMATED RETRACTABLE SCREENS AND CONNECTOR

PIPE SCREENS
REPORT IN BRIEF:

In 2021, City staff applied for competitive grant funding from the Measure M2 Environmental Cleanup Program administered by the Orange County Transportation Authority (OCTA) for the installation of proprietary G2 Construction, Inc. automated retractable screens and connector pipe screens in 109 catch basins to prevent trash from entering local waterways. The OCTA Environmental Cleanup Program Allocation Committee awarded the requested grant funding to the City for these screens, and as such, the City must now proceed with installations.

RECOMMENDED ACTIONS:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Accept the Measure M2 Environmental Cleanup Program grant funding in the maximum amount of $101,780; and

3. Waive competitive bidding requirement in the City’s purchasing policy by using the County of Orange Master Agreement with G2 Construction, Inc. to purchase and install the devices; and

5. Approve an appropriation of $25,445 from the City’s Gas Tax Fund (#211) to fund to fund the City’s matching requirement; and

6. Authorize the City Manager to make minor changes, if needed, to the City’s construction contract documents with approval of the City Attorney; and Item: 6K
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2 7. Authorize the City Manager to bind the City of Stanton and G2 Construction, Inc. in a contract; and

8. Authorize the City Manager to approve contract change orders with G2 Construction, Inc., as needed and determined by City staff, up to a total contract amount of $127,225.

BACKGROUND:

The Measure M2 Environmental Cleanup Program (ECP), also known as Project X, administered by the Orange County Transportation Authority provides competitive grant funding for water quality best management practices (structural devices) that will remove pollutants from runoff originating from roadways.

ECP Tier 1 is designed to mitigate the more visible forms of pollutants, such as litter and debris that collects on the roadways and in the catch basins prior to being deposited in waterways and the ocean. It consists of funding for the equipment purchase and installation of screens, filters, inserts, and other “street scale” low flow diversion devices for existing catch basin structures. Automated retractable screens and connector pipe screens are recognized by the ECP as one method to prevent trash from entering the storm drain system. Under a prior round of ECP grant funding, the City installed 62 full capture devices (Bio-Clean Round Curb Inlet Filters).

Since the start of the ECP, the State Water Resources Control Board promulgated the “Trash Amendments” rule which mandates that cities, as the operator of Municipal Separate Storm Sewer Systems (MS4s), retrofit storm drain catch basins to capture and prevent trash originating from industrial, commercial, high-density residential and transitoriented areas from being transported into catch basins and reaching local waterways.

The State gave jurisdictions ten (10) years to comply with this requirement. John L.

Hunter & Associates, the City’s water quality consultant, identified the 109 catch basins listed in the G2 Construction, Inc. proposal as needing to be retrofitted to comply with the Trash Amendments. Consequently, City staff applied for this competitive grant funding to help comply with the Trash Amendments and to further the City’s efforts at preventing trash from entering local waterways.

ANALYSIS/JUSTIFICATION:

The ECP grant funds 80% of the installation and project oversight labor costs and requires a 20% cash match. Of the proposed project’s $127,225 budget, the anticipated construction budget with G2 Construction, Inc. is $114,500 with the remaining $12,725 allocated for staff oversight.
3 Because the ECP grant application requires each applicant to identify the specific BMP and product or design that will be used to improve water quality and because the County of Orange has a “master agreement” with G2 Construction, Inc. whereby unit pricing has already been predetermined, the competitive bidding requirement in the City’s purchasing policy can be waived.

G2 Construction screens have been widely used for many years by several cities in Orange County, including Mission Viejo and Laguna Hills, and current City staff has firsthand knowledge of the operation, maintenance, and reliability of these devices. The screens are made with stainless steel and are warranted for 10 years.

Consequently, City staff believes that G2 Construction, Inc. is well qualified to install these devices. These devices have also been certified by the State of California as meeting the requirements of the Trash Amendments. Prior BMP certification by the State is required to obtain credit for meeting this State mandate.

While this installation of these catch basin screens was intended to make the City 100% compliant with the Trash Amendments, after further analysis some additional catch basin locations may need to be retrofitted in the future.

FISCAL IMPACT:

The total cost of the Catch Basin Full Trash Capture Installation Project (Task Code # 2022-103) is estimated to be $127,225. The City was awarded a Measure M2 competitive grant (under Project X) from OCTA for approximately $101,780, which will fund 80% of the project costs. The City is required to fund the remaining 20% of the cost. This project is not included in the City’s Fiscal Year 2021/22 Budget. Therefore, staff is requesting that the City Council approve an appropriation of $127,225 to add this project to the City’s Fiscal Year 2021/22 Capital Budget. In addition, staff is requesting that the City Council approve an appropriation of $25,445 from the City’s Gas Tax Fund (#211) to fund the 20% matching requirement. According to the Fiscal Year 2021/22 Adopted Budget, the available balance in the City’s Gas Tax Fund is approximately $1.1 million.

ENVIRONMENTAL IMPACT:

The action requested in this report is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c, and therefore, categorically exempt under the California Environmental Quality Act.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
3 – Provide a high-quality infrastructure.
4 Prepared by: Concurred by:
/s/ Joe Ames /s/ Michelle Bannigan
_________________ ________________
Joe Ames, P.E. Michelle Bannigan
Director of Public Works/City Engineer Finance Director, CPA Approved by:
/s/ Jarad L. Hildenbrand
_________________
Jarad L. Hildenbrand
City Manager
Attachments:

A. Draft Contract
B. G2 Construction, Inc. Cost Proposal
[***INSERT PROJECT NAME***] -1- SHORT FORM CONSTRUCTION CONTRACT

CITY OF STANTON

SHORT FORM CONSTRUCTION CONTRACT
2022 CATCH BASIN SCREEN INSTALLATION PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the City of Stanton, a municipal corporation organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680 (“City”) and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing catch basin screen installations related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: A

2.3 Project. City desires to engage Contractor to render such services for the 2022 Catch Basin Screen Installation Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, AND INSURANCE DOCUMENTS as required by the Contract.

3. TERMS

3.1 Compensation and Payment.

3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of ONE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED Dollars ($114,500.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized Attachment: A
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application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Payment and Performance Bonds (Exhibit “E”)
• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.3 Contractor’s Basic Obligation; Scope of Work.

3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.3.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.3.3 Change Orders. Changes to the Contract Time (as defined in Section

3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

3.3.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.3.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.4 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract within 30 working days, beginning the effective date of the Notice to Proceed (“Contract Time”).

Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $100 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.5.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.9 Labor.

3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

3.10 Performance of Work; Jobsite Obligations.

3.10.1 Water Quality Management and Compliance.

3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.10.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.10.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.12 Claims; Government Code Claim Compliance.

3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.12.4.3 Chronology of events and correspondence

3.12.4.4 Analysis of claim merit

3.12.4.5 Analysis of claim cost, including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.

The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.12.10 Government Code Claim Procedures.

3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.

3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.14 Indemnification.

3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.15 Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***]

3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.

Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.

3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.

3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.16 Bond Requirements.

3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.18 Employee/Labor Certifications.

3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.20 General Provisions.

3.20.1 City’s Representative. The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.20.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.20.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.20.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.20.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

G2 CONSTRUCTION, INC.
1352 E. BORCHARD AVE.

SANTA ANA, CA 92705
ATTN: ERIC TAYLOR, VICE PRESIDENT
CITY:

CITY OF STANTON
7800 KATELLA AVENUE
STANTON, CA 90680
ATTN: PUBLIC WORKS DIRECTOR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.20.6 Time of Essence. Time is of the essence in the performance of this Contract.

3.20.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.20.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.20.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.20.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

3.20.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.20.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.20.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.20.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.20.15 Certification of License.

3.20.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.20.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.20.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.20.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.20.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.20.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page]

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF STANTON
AND G2 CONSTRUCTION, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF STANTON
Approved:

By:

JARAD L. HILDENBRAND

CITY MANAGER
ATTESTED:

By: _______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
[INSERT NAME OF CONTRACTOR]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
[***INSERT PROJECT NAME***] -26- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT A
EXHIBIT “A”

SERVICES / SCHEDULE
[INSERT SCOPE OF SERVICES]
[***INSERT PROJECT NAME***] -27- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT B
EXHIBIT “B”

PLANS AND SPECIFICATIONS
[INSERT ALL PLANS AND SPECS]
[***INSERT PROJECT NAME***] -28- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT C
EXHIBIT “C”

SPECIAL CONDITIONS
[***(READ AND DELETE THIS BLOCK BEFORE USING MODEL): PUBLIC WORKS PROJECTS OF MORE THAN $25,000 WILL REQUIRE PAYMENT BONDS BY LAW. WHERE

A PAYMENT BOND IS REQUIRED, WE RECOMMEND REQUIRING A PERFORMANCE

BOND AS WELL - INSERT FOLLOWING IF PAYMENT AND/OR PERFORMANCE BONDS REQUIRED – OTHERWISE DELETE AND RENUMBER***]
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “E” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. [***INSERT ADDITIONAL SPECIAL CONDITIONS USING ABOVE FORMAT***] [***INSERT PROJECT NAME***] -29- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT D
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[***INSERT CONTRACTOR NAME***]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
[***INSERT PROJECT NAME***] -30- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
EXHIBIT “E”

PAYMENT AND PERFORMANCE BONDS
[***IF NO BOND REQUIREMENTS ARE REQUIRED, REMOVE BONDS AND INSERT “NOT APPLICABLE”]
[***INSERT PROJECT NAME***] -31- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
[***INSERT PROJECT NAME***] -32- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
[***INSERT PROJECT NAME***] -33- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
[***INSERT PROJECT NAME***] -34- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
[***INSERT PROJECT NAME***] -35- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining [***INSERT PROJECT NAME***] -36- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
[***INSERT PROJECT NAME***] -37- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
[***INSERT PROJECT NAME***]
-38- SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
Lic. #801253 - A, C8, C60
1352 E. Borchard Ave.

DBE, MBE, & SBE Certified Santa Ana, CA 92705
714.748.4242
Customer: City of Stanton Date:
7800 Katella Ave, Stanton, CA 90680 Quote No:

Project: Stanton Catch Basin Full Trash Capture System Installations

PROPOSAL
(Good thru 3/1/2022)

CITY OF STANTON
220203-R
OCTA ECP Tier 1 Grant Application '21-22
OCPW, MA-080-20011478 for Trash and Debris Capture Devices G2 CPS-Mod™ in 109 Catch Basins
2/3/2022
Eric H Taylor
Contacts: Joe Ames, P.E. By: Eric H. Taylor
Public Works Director / City Engineer VP Bus. Dev., G2 Construction, Inc. 714.890.4203 [email protected]
Products: G2 CPS-Mod™ patented connector pipe screen, 304 stainless steel, custom fab & install Count FID CB_ID Street Cross
Street Lat. Long. G2 CPS-Mod™
Model
Metal Plate
Access
CPS-Mod™
Cost
1 0 CB #2 Cerritos Dale 33.8104 -117.9828 CPS-Mod Full Capture $993 2 1 CB #5 Cerritos Yana 33.8102 -117.9802 CPS-Mod Full Capture $993 3 2 CB #6 Pacific Sherill 33.8077 -117.9786 CPS-Mod Full Capture Yes $993 4 3 CB #3 Cerritos Dale 33.8103 -117.9843 CPS-Mod Full Capture $993 5 4 CB #4 Cerritos Dale 33.8102 -117.9843 CPS-Mod Full Capture $993 6 11 CB #18 Dale Monroe 33.8058 -117.9844 CPS-Mod Full Capture $993 7 12 CB #20 Dale Cerritos 33.8104 -117.9846 CPS-Mod Full Capture $993 8 18 CB #30 Chestnut Pacific 33.8068 -117.9921 CPS-Mod Full Capture $993 9 20 CB #34 Chestnut Katella 33.8030 -117.9922 CPS-Mod Full Capture $993 10 22 CB #37 Boatman Katella 33.8044 -117.9872 CPS-Mod Full Capture $993 11 25 CB #40 Cerritos Western 33.8100 -118.0018 CPS-Mod Full Capture $993 12 26 CB #41 Western Cerritos 33.8103 -118.0019 CPS-Mod Full Capture $993 13 27 CB #42 Cerritos Western 33.8102 -118.0022 CPS-Mod Full Capture $993

DESCRIPTION
G2 Construction (G2) proposes to custom fabricate and install CPS-Mod™ full-capture storm water protection screens in the City's 109 catch basins (CBs) listed below. G2's CPS-Mod™ devices are patented and certified FULL CAPTURE SYSTEMS by the California Water Board.

This estimate is based on review of each catch basin's location and exterior appearance without internal measurements. Final CPS-Mod design will depend on the internal configuration of each catch basin.

This proposal utilizes G2's master purchase agreement with OCPW, MA-080-20011478 for Trash and Debris Capture Devices for the City of Stanton OCTA ECP grant application for 2021-22. The City is eligible for this piggyback contract like all Orange County cities, which guarantees the best product, service, and pricing.

G2 will install 109 CPS-Mod™ screens, or to the City's maximum budget, whichever is preferred. Costs for required traffic control and catch basin cleaning are included.
1 of 3
Attachment: B
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Count
FID CB_ID Street Cross
Street Lat. Long. G2 CPS-Mod™
Model
Metal Plate
Access
CPS-Mod™
Cost
14 28 CB #44 Ramblewood Western 33.8102 -118.0034 CPS-Mod Full Capture $993 15 29 CB #46 Cerritos Courson 33.8102 -118.0041 CPS-Mod Full Capture $993 16 30 CB #48 Cerritos Lexington 33.8101 -118.0080 CPS-Mod Full Capture $993 17 35 CB #54 Cerritos Lexington 33.8100 -118.0076 CPS-Mod Full Capture $993 18 36 CB #55 Cerritos Bell 33.8099 -118.0087 CPS-Mod Full Capture $993 19 37 CB #58 Syracuse Western 33.8049 -118.0016 CPS-Mod Full Capture Yes $993 20 38 CB #62 Syracuse Knott 33.8041 -118.0106 CPS-Mod Full Capture $993 21 40 CB #68 Court Street Garden Grove 33.7747 -117.9904 CPS-Mod Full Capture Yes $993 22 41 CB #69 Court Street Garden Grove 33.7746 -117.9906 CPS-Mod Full Capture $993 23 42 CB #76 Lampson Beach Blvd. 33.7812 -117.9903 CPS-Mod Full Capture $993 24 43 CB #77 Lampson Beach Blvd. 33.7812 -117.9908 CPS-Mod Full Capture $993 25 45 CB #83 Samura Lampson 33.7799 -117.9967 CPS-Mod Full Capture Yes $993 26 46 CB #89 Lampson Santa Rosalia 33.7810 -117.9973 CPS-Mod Full Capture $993 27 47 CB #90 Lampson Santa Rosalia 33.7812 -117.9970 CPS-Mod Full Capture $993 28 48 CB #92 Georgian Santa Rosalia 33.7819 -117.9980 CPS-Mod Full Capture Yes $993 29 49 CB #93 Santa Rosalia Georgian 33.7818 -117.9983 CPS-Mod Full Capture Yes $993 30 50 CB #94 Santa Rosalia Devonwood 33.7838 -117.9983 CPS-Mod Full Capture Yes $993 31 51 CB #97 Bently Santa Rosalia 33.7846 -117.9981 CPS-Mod Full Capture Yes $993 32 52 CB #98 Bently Santa Rosalia 33.7847 -117.9981 CPS-Mod Full Capture Yes $993 33 53 CB #99 Santa Rosalia Bently 33.7846 -117.9983 CPS-Mod Full Capture Yes $993 34 54 CB #100 Laurelton Santa Rosalia 33.7862 -117.9981 CPS-Mod Full Capture Yes $993 35 55 CB #101 Laurelton Santa Rosalia 33.7860 -117.9981 CPS-Mod Full Capture Yes $993 36 56 CB #102 Santa Rosalia Laurelton 33.7862 -117.9983 CPS-Mod Full Capture Yes $993 37 57 CB #103 Vanguard Santa Rosalia 33.7875 -117.9981 CPS-Mod Full Capture Yes $993 38 58 CB #104 Vanguard Santa Rosalia 33.7876 -117.9981 CPS-Mod Full Capture Yes $993 39 59 CB #105 Santa Rosalia Vanguard 33.7874 -117.9984 CPS-Mod Full Capture Yes $993 40 60 CB #108 Irana Via Jacara 33.8060 -118.0139 CPS-Mod Full Capture $993 41 61 CB #110 Via Kannela Via Jacara 33.8055 -118.0139 CPS-Mod Full Capture $993 42 62 CB #111 Western Industrial 33.7989 -118.0015 CPS-Mod Full Capture $993 43 63 CB #114 Western Industrial 33.8016 -118.0016 CPS-Mod Full Capture $993 44 64 CB #113 Western Industrial 33.8010 -118.0016 CPS-Mod Full Capture $993 45 65 CB #112 Western Industrial 33.8003 -118.0016 CPS-Mod Full Capture Yes $993 46 68 CB #122 Beach Blvd Katella 33.8006 -117.9933 CPS-Mod Full Capture Yes $993 47 69 CB #123 Beach Blvd Katella 33.8026 -117.9929 CPS-Mod Full Capture Yes $993 48 73 CB #127 Date Katella 33.8031 -117.9987 CPS-Mod Full Capture Yes $993 49 79 CB #128 Pacific Flower 33.8070 -117.9946 CPS-Mod Full Capture $993 50 80 CB #129 Rose Main 33.8082 -117.9954 CPS-Mod Full Capture $993 51 82 CB #132 Shadow Briarwood 33.7851 -117.9910 CPS-Mod Full Capture $993 52 83 CB #133 Briarwood Capistrano 33.7846 -117.9904 CPS-Mod Full Capture Yes $993 53 84 CB #135 Chapman Beach Blvd. 33.7888 -117.9985 CPS-Mod Full Capture $993 54 86 CB #139 Beach Blvd Catherine 33.7837 -117.9931 CPS-Mod Full Capture $993 55 87 CB #140 Beach Blvd Chapman 33.7894 -117.9932 CPS-Mod Full Capture Yes $993 56 88 CB #141 Beach Blvd Starr 33.8133 -117.9930 CPS-Mod Full Capture $993 57 89 CB #142 Beach Blvd Starr 33.8139 -117.9930 CPS-Mod Full Capture $993 58 91 CB #8 Yana Cerritos 33.8104 -117.9830 CPS-Mod Full Capture $993 59 92 CB #7 Yana Cerritos 33.8104 -117.9829 CPS-Mod Full Capture $993 60 95 CB #146 Cerritos 33.8104 -117.9802 CPS-Mod Full Capture $993 61 99 CB #151 Thunderbird Western 33.8067 -118.0021 CPS-Mod Full Capture $993 62 100 CB #152 Western 33.7928 -118.0015 CPS-Mod Full Capture $993 63 101 CB #153 Western 33.8068 -118.0018 CPS-Mod Full Capture $993 64 102 CB #154 Western 33.8124 -118.0019 CPS-Mod Full Capture $993 65 104 CB #156 Knott Syracuse 33.8044 -118.0110 CPS-Mod Full Capture $993 66 105 CB #158 Knott 33.8069 -118.0105 CPS-Mod Full Capture $993 2 of 3
Count
FID CB_ID Street Cross
Street Lat. Long. G2 CPS-Mod™
Model
Metal Plate
Access
CPS-Mod™
Cost
67 110 CB #164 Dale 33.7874 -117.9842 CPS-Mod Full Capture $993 68 111 CB #165 Chapman 33.7883 -117.9838 CPS-Mod Full Capture $993 69 112 CB #166 Garden Grove 33.7739 -117.9892 CPS-Mod Full Capture $993 70 113 CB #167 Garden Grove 33.7739 -117.9907 CPS-Mod Full Capture $993 71 114 CB #168 Hickcock 33.8120 -117.9984 CPS-Mod Full Capture $993 72 115 CB #169 Cody 33.8122 -118.0015 CPS-Mod Full Capture $993 73 116 CB #170 Cody Garrett 33.8123 -118.0015 CPS-Mod Full Capture $993 74 117 CB #171 Cody 33.8122 -118.0001 CPS-Mod Full Capture $993 75 118 CB #175 Western 33.8119 -118.0021 CPS-Mod Full Capture $993 76 122 CB #56 Cerritos Lowden 33.8099 -118.0062 CPS-Mod Full Capture $993 77 124 CB #35 Chestnut Katella 33.8032 -117.9920 CPS-Mod Full Capture $993 78 125 CB #57 Katella Western 33.8032 -118.0018 CPS-Mod Full Capture Yes $993 79 126 CB #64 Knott Katella 33.8057 -118.0105 CPS-Mod Full Capture $993 80 127 CB #65 Western Katella 33.8032 -118.0020 CPS-Mod Full Capture $993 81 129 CB #109 Irana Via Jacara 33.8058 -118.0139 CPS-Mod Full Capture $993 82 130 CB #60 Syracuse Western 33.8051 -118.0016 CPS-Mod Full Capture Yes $993 83 131 CB #61 Syracuse Knott 33.8042 -118.0104 CPS-Mod Full Capture $993 84 132 CB #63 Knott Syracuse 33.8044 -118.0106 CPS-Mod Full Capture $993 85 135 CB #96 Devonwood Santa Rosalia 33.7839 -117.9980 CPS-Mod Full Capture Yes $993 86 136 CB #95 Devonwood Santa Rosalia 33.7838 -117.9980 CPS-Mod Full Capture Yes $993 87 137 CB #84 Camus Lampson 33.7800 -117.9965 CPS-Mod Full Capture Yes $993 88 138 CB #86 Village Ctr. Dr. Garden Grove 33.7749 -117.9952 CPS-Mod Full Capture $993 89 139 CB #87 Village Ctr. Dr. Garden Grove 33.7749 -117.9950 CPS-Mod Full Capture $993 90 140 CB #72 Stanford Beach Blvd 33.7775 -117.9925 CPS-Mod Full Capture $993 91 141 CB #73 Stanford Beach Blvd 33.7774 -117.9925 CPS-Mod Full Capture $993 92 144 CB #19 Dale Standustrial 33.8074 -117.9844 CPS-Mod Full Capture Yes $993 93 147 CB #43 Cerritos Western 33.8102 -118.0017 CPS-Mod Full Capture $993 94 148 CB #45 Westchester 33.8102 -118.0051 CPS-Mod Full Capture $993 95 149 CB #47 Cerritos Oakhaven 33.8101 -118.0061 CPS-Mod Full Capture $993 96 152 CB #80 Lampson Beach Blvd 33.7812 -117.9940 CPS-Mod Full Capture $993 97 153 CB #88 Lampson Santa Rosalia 33.7810 -117.9983 CPS-Mod Full Capture Yes $993 98 157 CB #79 Kermore Ln Knott 33.8055 -118.0102 CPS-Mod Full Capture $993 99 158 CB #85 Village Ctr. Dr. 33.7769 -117.9948 CPS-Mod Full Capture $993 100 159 CB #91 Georgian Santa Rosalia 33.7817 -117.9980 CPS-Mod Full Capture Yes $993 101 160 CB #107 Chapman Santa Rosalia 33.7884 -117.9982 CPS-Mod Full Capture $993 102 161 CB #106 Chapman Santa Paula 33.7885 -117.9941 CPS-Mod Full Capture $993 103 162 CB #134 Chapman Dale 33.7883 -117.9866 CPS-Mod Full Capture Yes $993 104 163 CB #136 Chapman 33.7883 -117.9925 CPS-Mod Full Capture $993 105 164 CB #150 Cerritos 33.8100 -117.9954 CPS-Mod Full Capture $993 106 165 CB #172 Cody Courtright 33.8123 -118.0001 CPS-Mod Full Capture $993 107 166 CB #173 Cody 33.8126 -117.9981 CPS-Mod Full Capture $993 108 167 CB #174 Cody Wyatt 33.8127 -117.9982 CPS-Mod Full Capture $993 109 168 CB #176 Western 33.8119 -118.0019 CPS-Mod Full Capture $993 Sub-Total: $108,237.00
Traffic Control: $3,400.50
Project Bonds: $2,862.50
PROJECT TOTAL: $114,500.00
Terms & Conditions:

Pricing based on OCPW/ OCTA Master Pricing with Volume Discounts.

Pricing does not include City required licences or business fees.

Thank You. We Appreciate Your Business!
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 22, 2022
SUBJECT: AWARD OF CONTRACT TO BGB DESIGN GROUP TO PROVIDE

PROFESSIONAL DESIGN CONSULTING SERVICES FOR

ORANGEWOOD PARKETTE AND APPROPRIATION OF FUNDS
REPORT IN BRIEF:

Earlier this year, a conceptual drawing to develop a 9,450±square-foot vacant, underutilized property located at the end of Orangewood Avenue into a parkette was completed. City staff released a “Request for Proposal” (RFP) soliciting proposals to provide professional design consulting services for the final design and all necessary construction documents for the development of a parkette. City staff believes that BGB Design Group is the best qualified to provide professional design consulting services for the Orangewood Parkette design and is recommending award of a design contract to that firm. This project is not included in the City’s Fiscal Year 2021/22 budget. Therefore, staff is requesting an appropriation of $109,100 from the City’s Park In Lieu Fees Fund.

RECOMMENDED ACTIONS:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301; and

2. Award a contract to BGB Design Group to provide professional design consulting services for a maximum contract amount of $89,060; and

3. Authorize the City Manager to bind the City of Stanton and BGB Design Group in a contract to provide the services; and

4. Authorize the City Manager to approve contract change orders with BGB Design Group, as needed and determined by City Staff, for any contingencies up to $20,000; and

5. Appropriate $109,100 from the Park in Lieu Fees Fund (#310) to add the Orangewood Parkette project (Task Code 2022-203) to the City’s Fiscal Year 2021/22 budget.

Item: 6L
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2 BACKGROUND:

The City of Stanton owns the right-of-way along Orangewood Avenue, and the street ends just before the railroad after Santa Rosalia Street. The 9,450±square-foot, vacant, underutilized property is located to the west of Santa Rosalia Street. Conceptual drawings to develop this underutilized property into a parkette was completed by David Volz Design.

The conceptual design for the parkette includes the following elements:
• Three playground sites with a rubber play surface
• Benches
• Sidewalk
• Lighting
• Bollards at entry points
• Variety of tree and shrubs
• Shade structures
Since the conceptual drawings for the parkette were completed, City staff released a “Request for Proposal” (RFP) soliciting proposals to provide professional design consulting services for the final design and development of all necessary construction drawings and documents for the development of the parkette. The RFP was released in a two-envelope format in accordance with the City’s Purchasing Policy and Procedures which requires that at least three design firms be solicited to provide proposals. City staff solicited proposals from multiple firms. The first envelope consists of a written proposal highlighting the firm’s experience and qualifications, and a second separate, sealed envelope contains the fee proposal. The written proposal envelopes are opened, and the enclosed proposals are evaluated by City staff. Once a consensus is reached on the best written proposal, City staff will negotiate a fee with the best qualified consultant. In the event the City cannot negotiate a fee with the best qualified consultant, the City will negotiate a fee with the second ranked consultant, and so on until an agreement is reached. In this way, contract award is based on best-qualified contractor rather than lowbid, which is appropriate for a design contract.

ANALYSIS/JUSTIFICATION:

A Request for Proposals was issued on December 16, 2021 with a proposal due date of January 27, 2022. Four firms provided proposals: RJM Design Group, David Volz Design, CDPC, and BGB Design Group. The proposals were evaluated by the City Manager, the Public Works Department and the Community Services Department, and City Staff came to a consensus that BGB Design Group provided the best proposal.

City staff believes that BGB Design Group is qualified to provide professional design consulting services for the design of a new parkette because BGB Design Group has successfully provided design services for other municipal parks, such as the City of La Mirada, Fullerton, and Corona Del Mar. The total lump sum design fee is $89,060. 3 FISCAL IMPACT:

The Orangewood Parkette project (Task Code 2022-203) is not included in the City’s Fiscal Year 2021/2022 budget because staff was anticipating federal grant funding to be secured for total project costs estimated at $850,000. The federal government has not approved its Fiscal Year 2021/22 budget. Staff would like to proceed with beginning work on the project because it is a City Council priority. Therefore, staff is requesting City Council approval to appropriate $109,100 from the Park In Lieu Fees Fund to add the Orangewood Parkette project to the City’s Fiscal Year 2021/22 budget. The Park in Lieu Fees Fund (#310) has an available balance of approximately $2.9 million.

ENVIRONMENTAL IMPACT:

The action requested in this report is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
3 – Provide a high-quality infrastructure.

Prepared by: Reviewed by:
/s/ Han Sol Yoo /s/ Joe Ames
_________________ ________________________
Han Sol Yoo Joe Ames, P.E., T.E.

A) Draft Professional Services Agreement
B) BGB Design Group’s proposal and fee proposal
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CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

LANDSCAPE ARCHITECTURAL DESIGN SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 22nd day of February , 2022, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and BGB DESIGN GROUP, a CORPORATION, with its principal place of business at 3185 AIRWAY AVENUE, SUITE C-1, COSTA MESA, CA 92626 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional LANDSCAPE ARCHITECTURAL DESIGN consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional LANDSCAPE ARCHITECTURAL DESIGN consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR ORANGEWOOD PARKETTE project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional LANDSCAPE ARCHITECTURAL DESIGN consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 22, 2022 to December 31, 2023, unless earlier terminated as provided herein Attachment: A
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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.

Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Arthur Guy.

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Public Works Director, or his or her designee, as the City’s contact for the implementation of the Services hereunder. 55414.00000\32996936.2
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Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Arthur Guy, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees,agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.
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3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability 55414.00000\32996936.2
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Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City 55414.00000\32996936.2
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except ten (10) days shall be allowed for non-payment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with 55414.00000\32996936.2
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the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed EIGHTY-NINE THOUSAND AND SIXTY DOLLARS ($89,060) (“Total Compensation”) without written approval of City’s Public Works Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or 55414.00000\32996936.2
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“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, agents and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant:

BGB Design Group
3185 Airway Avenue, Suite C-1
Costa Mesa, CA 92626
Attn: Arthur Guy, President
City:

City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Joe Ames, Department of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 prepared by design professionals other than Consultant or 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.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.6 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
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The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
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3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written 55414.00000\32996936.2
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approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202_.

CITY OF STANTON BGB Design Group
By:

Jarad Hildenbrand
City Manager
By:

Name: Arthur Guy
Titles: President, Secretary
By:__________________________________
Name: Jeffrey Kraus
Title: Chief Financial Officer
ATTEST:

By:

Patricia Vazquez
City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
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EXHIBIT “A”

SCOPE OF SERVICES
The City desires to retain an experienced team, ideally with prior park design experience, for the final design and development of all necessary construction drawings and documents for the development of the park.

The Consultant is expected to establish and maintain a close working relationship with City Staff throughout each phase of the project.

Services and deliverables shall include, but are not limited to, the following:

Refinement of the Preliminary Design
• Project review meetings with City staff, residents/citizens, and any ad-hoc design committee established by City Council to verify needs, determine materials, and provide options for playground equipment;
• Provide “cut sheets” of materials and equipment to City staff for selection; • Coordinate with playground manufacturer to produce a 3-D graphic of the selected playground equipment;
• Develop a preliminary estimate of probable construction cost to ensure the available budget and estimated construction costs are coordinated;
• Make adjustments to the scope of work and materials and equipment selections based on City staff direction.

Final Design
• Upon approval from City staff to move forward with final design, consultant will begin final design and preparation of construction drawings, specifications, and bid schedule sheet(s);
• Develop a comprehensive bid schedule sheet with units and quantities to be inserted in City staff produced project bid specifications;
• Develop technical rubberized surface specification to be inserted into City staff produced bid specifications;
• Provide complete set of construction plans and associated details that include complete specifications and drawings for onsite amenities, infrastructure/utilities, grading and drainage, landscape, signage, lighting, etc. All plans shall be done at a scale of 1” = 20’ and all plan sheets shall be 24” x 36”. Plan sheets to include demolition, construction, plumbing and electrical sheets;
• Final construction plans, in electronic PDF and AutoCAD DWG formats, that expand on the design development plans and create full working drawings ready for bidding and construction;
• As-built drawings in electronic PDF and Auto CAD DWG formats, along with final signed mylar sheets;
• Parking and use analysis;
• Provide an estimate of probably construction cost;
• Submit plans and specifications for City staff review and make changes as requested; • Respond to bidder questions during the bid process, as requested by City staff; and 55414.00000\32996936.2
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• Construction design support.

The Consultant shall assemble a team to provide all key services related to the necessary architecture and engineering to produce a complete, biddable, and constructible design package.

The City anticipates that such a design team may include, but is not limited to, specialists in the following fields:
• Park Design
• Landscape Architecture
• Civil Engineering
• Mechanical, Electrical, and Plumbing Engineering
• Utility Coordination
• Environmental Consulting
• Cost Estimating
The consultant’s proposal and any promises made regarding deliverables is also incorporated herein by reference.
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EXHIBIT “B”

SCHEDULE OF SERVICES
The City is expecting final design plans to be completed within six months of the contract award.

BGB Design Group provided a Project Schedule to complete the project within 6-months of contract award, shown below.
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EXHIBIT “C”

COMPENSATION
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Attachment: B
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 22, 2022
SUBJECT: AB 1595 – OC VETERANS CEMETERY
REPORT IN BRIEF:

Adoption of a Resolution of formal support for Assembly Bill 1595, which seeks to facilitate the authorization of a state veterans cemetery at a location within the County of Orange.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Adopt Resolution No. 2022-11, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DECLARING SUPPORT FOR ASSEMBLY BILL 1595, WHICH

FACILITATES THE AUTHORIZATION OF A STATE VETERANS CEMETERY IN ORANGE COUNTY”.

BACKGROUND:

A lack of consensus, public opposition, and cost concerns have led to multiple locations in Orange County being proposed and dismissed as potential sites for a veterans cemetery since 2014. Recently, the Irvine City Council received a presentation on a site study analysis for both the Amended and Restated Development Agreement (ARDA) site, located at the decommissioned Marine Corps Air Station El Toro, and the “Golf Course” site. The Irvine City Council took no action following the presentation, effectively barring the California Department of Veterans Affairs (CalVet) from submitting an application for a federal grant to move the process of building an Orange County veterans cemetery forward.

Item: 6M
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2 Meanwhile, the County of Orange has deeded to the Orange County Cemetery District (OCCD) over 200 acres of county-owned land, located at Gypsum Canyon near the intersection of the 91 freeway and 241 toll road in Anaheim Hills, for the purpose of building a veterans cemetery. On July 27, 2021, the Board of Supervisors unanimously approved the allocation of $20 million exclusively for the development of a veterans cemetery at the Gypsum Canyon site, adjacent to a public civilian cemetery that will be constructed and financed by OCCD separate from the proposed veterans cemetery.

OCCD has made a commitment to bring utilities and shared infrastructure to the property.

On January 11, 2022, the Orange County Board of Supervisors voted to support/cosponsor AB 1595, written by Assemblymembers Sharon Quirk-Silva and Steven Choi.

The bill will allow CalVet to acquire, study, design, develop, construct, and equip a stateowned and state-operated veterans cemetery in Orange County.

ANALYSIS/JUSTIFICATION:

Orange County is the State’s largest county without a veterans cemetery. In 2014, CalVet estimated that the County was home to approximately 117,000 veterans, all of whom deserve the right to be interred at a final and proper resting place in Orange County. The nearest open veterans cemetery is the National Cemetery in Riverside.

Each time a new site is proposed, the State Legislature has to introduce a new bill to amend the current law so that it authorizes the development of a veterans cemetery at the new specified site. The legislative process for such an amendment can take a year or even longer. AB 1595 would simplify the process by amending the Military & Veterans Code to broadly authorize CalVet, in cooperation with local government entities, to acquire, study, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery within the County of Orange. AB 1595 also includes an urgency clause, allowing CalVet to promptly begin an acquisition study of a proposed cemetery location, as required by law.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

None. This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly).
3 LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:

5. Provide a high quality of life.

PUBLIC NOTIFICATION:

Public notice for this item was made through the regular agenda process.

Prepared By: Approved By:
/s/ Jason Huynh
__________________________
/s/ Jarad L. Hildenbrand
__________________________
Jason Huynh
Management Analyst
Jarad L. Hildenbrand
City Manager
Attachment(s):

A. AB 1595 Support Letter
B. Resolution No. 2022-11
7800 Katella Avenue
Stanton, CA 90680
P | (714) 379-9222
F | (714) 890-1443
[email protected]
[email protected]
Community Pride & Forward Vision
Date:

February 22, 2022
The Honorable Sharon
Quirk-Silva
Assemblymember, 65th
District
1440 North Harbor
Boulevard, Suite 270
Fullerton, CA 92835
The Honorable Steven
Choi, Ph.D.

Assemblymember, 68th
District
3240 El Camino Real, Suite
110
Irvine, CA 92602
SUBJECT: AB 1595 – Veterans Cemetery, County of
Orange – SUPPORT
Dear Assemblymember Quirk-Silva and Assemblymember
Choi,
On behalf of the City of Stanton, thank you for authoring Assembly Bill (AB) 1595 to allow the California Department of Veterans Affairs (CalVet) to design, develop, and construct a state-operated veterans cemetery in Orange County. Home to former Army, Navy, and Marine bases and an estimated 104,949 veterans, Orange County is California’s largest county without a veterans cemetery.

On July 27, 2021, the Board of Supervisors unanimously
approved the allocation of $20 million exclusively for site development of a veterans cemetery at Gypsum Canyon and adopted a resolution to move forward with planning and
developing a site to honor and respect the men and women who served our great country. The Board previously allocated over 200 acres of county-owned land at Gypsum Canyon in Anaheim Hills near the intersection of the 91 freeway and 241 toll road, which has been deeded to the Orange County
Cemetery District (OCCD) for the purpose of building a veterans cemetery.

The County and OCCD have met with CalVet regarding the
Gypsum Canyon site. CalVet is aware that the property will have a separate public civilian cemetery adjacent to it, and that it will be constructed and financed by OCCD separately from a
veterans cemetery. OCCD will pay all costs to bring utilities and shared infrastructure to the property.

After years of delay due to lack of consensus on a location, the County’s $20 million commitment, along with OCCD’s
financing plan, offers an unprecedented opportunity to
immediately begin funding the site. All 34 Orange County cities Attachment: A
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AB 1595 – Veterans Cemetery, County of Orange - SUPPORT

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Stanton City CouncilFebruary 22, 2022

Stanton City Council
February 22, 2022