Stanton City Council Agenda Prepared by the Office of the City Clerk July 26, 2022
AGENDA
CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY
JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, JULY 26, 2022 - 6:30 P.M.
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 health and well-being of our residents is the top priority for the City of Stanton, and you are urged to take all appropriate health safety precautions given the health risks associated with COVID-19. The City Council meeting will be held in person in the City Council Chambers located at 7800 Katella Avenue, California 90680.
ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • 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 scheduled meeting 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.
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 July 26, 2022
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.
Stanton City Council Agenda Prepared by the Office of the City Clerk July 26, 2022
6B. APPROVAL OF WARRANTS
City Council approve demand warrants dated July 2, 2022 – July 14, 2022, in the amount of $2,507,919.78.
6C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – July 12, 2022.
6D. FIRST AMENDMENT TO CONSTRUCTION CONTRACT WITH J. KIM ELECTRIC, INC. FOR CITY HALL NEW LIGHTING PROJECT
The subject project’s original scope of work is complete. While the new lighting installations increased the level of brightness in the Banquet Hall/Community Room, it did not increase it to the desired level of brightness. City staff requested a contract change order bid from J. Kim Electric to install twelve (12) more new LED light fixtures in the room. The bid exceeds the previous City Council authorized maximum contract amount; therefore, a first amendment increasing the total contract amount is required to be approved by City Council.
RECOMMENDED ACTION:
1. City Council finds that this item is not subject to 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)(4) 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); and
2. Approve the First Amendment to the City Hall New Lighting Project Contract in the amount of $49,548.63; and
3. Authorize the City Manager to execute the First Amendment between the City of Stanton and J. Kim Electric, Inc.
Stanton City Council Agenda Prepared by the Office of the City Clerk July 26, 2022
6E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON AUTHORIZING
INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND The existing resolution authorizing deposits and withdrawals of monies in LAIF, required by Section 16429.1 of the Government Code, needs to be updated to include the current City Manager, Hannah Shin-Heydorn.
RECOMMENDED ACTION:
1. City Council finds that this item is not subject to 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)(4) 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); and
2. Adopt Resolution No. 2022-40, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND.”
6F. RESOLUTION OF THE STANTON HOUSING AUTHORITY OF THE CITY OF
STANTON AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY
INVESTMENT FUND (HOUSING AUTHORITY)
The existing resolution authorizing deposits and withdrawals of monies in LAIF, required by Section 16429.1 of the Government Code, needs to be updated to include the Stanton Housing Authority’s current Executive Director, Hannah Shin-Heydorn.
RECOMMENDED ACTION:
1. Stanton Housing Authority finds that this item is not subject to 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)(4) 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); and
2. Adopt Resolution No. SHA 2022-03, entitled:
“A RESOLUTION OF THE STANTON HOUSING AUTHORITY OF THE
CITY OF STANTON, CALIFORNIA, AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND.”
Stanton City Council Agenda Prepared by the Office of the City Clerk July 26, 2022
6G. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR FULLY HOSTED
RECREATION MANAGEMENT SOFTWARE AND IMPLEMENTATION SERVICES TO
CIVICPLUS
Staff recommends that the City Council approve the professional services agreement with CivicPlus for fully hosted recreation management software to improve the customer experience and increase access for the public to City programs.
RECOMMENDED ACTION:
1. City Council declare that the project is not subject to CEQA in accordance with Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
2. Approve a Professional Services Agreement with CivicPlus to provide fully hosted recreation management software; and
3. Authorize the City Manager to bind the City of Stanton and CivicPlus in a contract to provide these services.
6H. APPROVAL OF FIRST AMENDMENT EXTENDING THE CONTRACT WITH EMPIRE PIPE CLEANING & EQUIPMENT, INC. TO PROVIDE SANITARY SEWER CLEANING
SERVICES
A contract was awarded to Empire Pipe Cleaning & Equipment, Inc. (Empire) at the June 11, 2019 Council meeting to provide sanitary sewer cleaning services. The threeyear contract that expired June 30, 2022 provides for two optional one-year extensions.
The contractor has requested an extension of the contract for an additional year. If approved by Council, the first amendment to the contract would expire on June 30, 2023.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301b; and
2. Approve the First Amendment to the existing agreement with Empire Pipe Cleaning & Equipment, Inc. and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager to execute the First Amendment to the existing Agreement with Empire Pipe Cleaning & Equipment, Inc.; and
4. Authorize the City Manager to approve contract changes, not to exceed 10% of the First Amendment total compensation.
Stanton City Council Agenda Prepared by the Office of the City Clerk July 26, 2022
6I. APPROVAL OF CONTRACT AMENDMENT #4 EXTENDING AND AMENDING CONTRACT WITH HARTZOG AND CRABILL, INC. TO PROVIDE ON-CALL
TRAFFIC OPERATIONS SERVICES
Hartzog and Crabill has been providing on-call traffic operations and engineering support services since 2014, including traffic signal operations support services. The third amendment to the professional services agreement expired June 30, 2022. If approved, this fourth amendment will allow Hartzog and Crabill to continue to provide services through June 30, 2024.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h); and
2. Waive the competitive bidding requirements in the City’s purchasing policy; and
3. Authorize the City Manager to execute the Fourth Amendment to the existing Agreement.
6J. APPROVAL OF CONTRACT AMENDMENT #2 EXTENDING AND AMENDING THE CONTRACT WITH VENCO WESTERN, INC. TO PROVIDE LANDSCAPE
MAINTENANCE SERVICES AND APPROPRIATION OF FUNDS
Venco Western, Inc. currently provides Citywide Landscape Maintenance Services and had its contract expire on June 30, 2022. Venco Western has maintained their rates over the last two years, despite increases to prevailing wage. Based on staff negotiations with Venco Western, the proposed amendment includes an updated scope of work and a monthly cost increase of 19%. Venco Western has committed to honoring the rates for a two-year term.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h); and
2. Approve the Second Amendment to the existing agreement with Venco Western, Inc. and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager to execute the Second Amendment to the existing Agreement with Venco Western, Inc.; and
4. Authorize an appropriation of $48,000 from the available balance in the Gas Tax Fund to increase the Fiscal Year 2022-2023 budget in Account 211-3400-608100.
Stanton City Council Agenda Prepared by the Office of the City Clerk July 26, 2022
6K. ACCEPTANCE OF THE SHERIFF’S SUBSTATION FLOORING REPLACEMENT
PROJECT BY THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA The Sheriff’s Substation Flooring Replacement Project consisting of the removal and replacement of carpet and vinyl plank flooring is now complete. The final construction cost for the project was $50,596.60, which is below the budgeted amount for this project. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of July 12, 2022 and recommends that the City Council accept the completed work performed on this project.
RECOMMENDED ACTION:
1. City Council declare that project is categorically exempt under the California Environmental Quality Act, Class 1, and Section 15301(a); and
2. Accept the completion of improvements for the Sheriff’s Substation Flooring Replacement Project, as certified by the City Engineer, and affix the date of July 12, 2022 as the date of completion of all work on this project; and
3. Approve the final construction contract amount of $50,596.60 with Pro Installations Inc. dba ProSpectra Contract Flooring; and
4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and
5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Pro Installations Inc. dba ProSpectra Contract Flooring in the amount of $2,529.83.
END OF CONSENT CALENDAR
7. PUBLIC HEARINGS None.
8. UNFINISHED BUSINESS None.
Stanton City Council Agenda Prepared by the Office of the City Clerk July 26, 2022
9. NEW BUSINESS
9A. PUBLIC REVIEW OF DRAFT LOCAL HAZARD MITIGATION PLAN Atlas Planning Solutions, the City’s consultant for the Local Hazard Mitigation Plan (LHMP), will provide an update of the LHMP development progress and a review of the draft LHMP.
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; and
3. Conduct a public hearing to receive public input on the draft Local Hazard Mitigation Plan.
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.
Stanton City Council Agenda Prepared by the Office of the City Clerk July 26, 2022
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 21st day of July, 2022. s/ Patricia A. Vazquez, City Clerk/Secretary
July 2, 2022 - July 14, 2022
Electronic Transaction Nos. $ 2,135,614.53
Check Nos. $ 372,305.25
TOTAL $ 2,507,919.78
Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan
CITY OF STANTON
ACCOUNTS PAYABLE REGISTER
1998-2006
conform to the City of Stanton Annual
Budget as approved by the City Council.
135325-135384
Demands listed on the attached registers
City Manager Finance Director
Item: 6B
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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY
OF THE CITY OF STANTON
JOINT REGULAR MEETING JULY 12, 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 6:30 p.m. by Mayor / Chairman Shawver.
3. PLEDGE OF ALLEGIANCE
Led by Mr. Joe Ames, Public Works Director / City Engineer.
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 None.
6. CONSENT CALENDAR
Motion/Second: Ramirez/Warren
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:
Item: 6C
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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 June 17, 2022 – July 1, 2022, in the amount of $1,111,816.15.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – June 28, 2022.
6D. MAY 2022 INVESTMENT REPORT
The Investment Report as of May 31, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The City Council finds 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. Received and filed the Investment Report for the month of May 2022. 6E. MAY 2022 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of May 31, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The Successor Agency finds 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. Received and filed the Investment Report for the month of May 2022.
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6F. MAY 2022 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; AND STATUS
OF CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended May 31, 2022, 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 May 31, 2022.
1. The City Council finds 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. Received and filed the General Fund and Housing Authority Fund’s May 2022 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended May 31, 2022.
6G. PROFESSIONAL SERVICES AGREEMENT WITH DAVISFARR LLP TO
PROVIDE TEMPORARY ACCOUNTING SERVICES
Requested is the authorization to allow the Interim City Manager to enter into a Professional Services Agreement in an amount not to exceed $50,000 with DavisFarr LLP (“DavisFarr”) for the provision of temporary accounting services.
1. The City Council declared that the action is not a project and is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b); and
2. Waived the competitive bidding requirements in the City’s purchasing policy for this procurement; and
3. Approved and Authorized the Interim City Manager to execute a Professional Services Agreement in an amount not to exceed $50,000 with DavisFarr LLP for accounting consultant services.
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6H. PURCHASE ORDER APPROVAL FOR A NEW SKIP LOADER
The skip loader is an essential piece of equipment used by the Public Works Department at least 3 to 4 times per day to help maintain the City of Stanton. The current skip loader is long past its life expectancy and has major mechanical issues.
The Public Works Department is proposing to purchase a new skip loader. The adopted Fiscal Year 2022/2023 Budget includes a one-time expenditure request for a new skip loader.
1. The City Council declared that this action is not a project per the California Environmental Quality Act; and
2. Declared that the Sourcewell quote is in accordance with the Administrative Policy IV-4-12: Purchasing Policy and Procedures; and
3. Approved the purchase of the equipment from Quinn Company in the amount of $119,056.65.
6I. 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
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7. PUBLIC HEARINGS
At the request of the City Attorney, unfinished business item 8A was heard under public hearings, as noticed via public notice dated June 30, 2022. 8A. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON EXTENDING FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15
DAYS A MORATORIUM ON SPECIFIED PERSONAL SERVICE AND MEDICAL
OFFICE BUSINESSES PENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
On June 14, 2022, the City Council adopted Urgency Ordinance No. 1121, which established a 45-day moratorium on the establishment of specified personal care and medical office businesses (the “Moratorium”). The basis for adopting the Moratorium is set forth in detail in Attachment 1, which is the City Council’s June 14th agenda packet for the Moratorium. The Moratorium will expire on July 29, 2022, unless extended pursuant to Government Code Section 65858(a), which authorizes the City Council to extend the moratorium for an additional 10 months and 15 days.
The attached urgency ordinance (“Moratorium Extension Ordinance”) would extend the Moratorium from July 29, 2022 through June 13, 2023 (i.e., 10 months and 15 days from July 29, 2022). Staff is recommending adoption of the Moratorium Extension Ordinance to provide the City with additional time to study the continuing impacts of the above mentioned businesses and to develop new municipal and zoning code regulations.
Staff report by Mr. James J. Wren, Public Safety Services Director.
The public hearing was opened.
No one appearing to speak, the public hearing was closed.
Mr. Ryan Stager, City Attorney requested to make the following amendment to Section 4 of proposed Urgency Ordinance No. 1122:
SECTION 4: Moratorium. The City Council hereby directs and orders as follows:
1. During the time that this Subject to subsection (3) below, during the time that this Moratorium Extension Ordinance is in effect, no new medical office or personal service business may be established in the City if it qualifies as one or more of the following uses: (a) barber shop; (b) beauty salon; (c) nail salon; (d) tanning salon; (e) salon, studio, or spa offering nonmedical skin or facial care; (f) salon, studio or spa providing services involving eyelash extensions and/or eyebrow waxing, threading, or tattooing; (g) a business whose primary service involves providing patrons with access to on-site spas or hot tubs; (h) a tattoo (including, but not limited to, henna) or body piercing studio; (i) a business DRAFT
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providing acupuncture and/or acupressure services; and (j) any use similar to the preceding (a) – (i), as determined by the City’s Community Development Director.
2. During the time that this Subject to subsection (3) below, during the time that this Moratorium Extension Ordinance is in effect, the City shall not approve or issue any use permit, license, variance, building permit, business license, or other applicable entitlement, license, permit, or approval for the establishment of any business establishment listed in subsections (1)(a)-(j) above, or the enlargement of any such existing business, within the City.
3. The prohibitions set forth in subsection (1) above shall only apply to businesses that provide the above listed services to patrons in a private room and/or behind a partition, wall, or similar screen that shields patrons from public view.
Motion/Second: Shawver/Van
Motion carried as amended by the following vote:
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 as amended:
1. The City Council opened the public hearing, received public testimony, and closed the public hearing; and
2. Finds that the Moratorium Extension Ordinance is:
a. Not a “project” within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines (Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change in the environment, directly or indirectly; and b. Exempt from the requirements of CEQA under Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
3. Adopted Urgency Ordinance No. 1122 (i.e., the Moratorium Extension Ordinance) as amended, entitled:
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“AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF STANTON EXTENDING FOR AN ADDITIONAL
PERIOD OF 10 MONTHS AND 15 DAYS A MORATORIUM ON
SPECIFIED PERSONAL SERVICE AND MEDICAL OFFICE
BUSINESSES PENDING STUDY AND THE PREPARATION OF AN
UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE
AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM
CEQA.”
8. UNFINISHED BUSINESS
Item 8A was heard out of order and under section 7. Public Hearings 8A. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON EXTENDING FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15
DAYS A MORATORIUM ON SPECIFIED PERSONAL SERVICE AND MEDICAL
OFFICE BUSINESSES PENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
9. NEW BUSINESS
9A. ORANGEWOOD AVENUE & SANTA ROSALIA STREET TRAFFIC SAFETY
IMPROVEMENTS
On May 15th, the guardrail on the west side of the intersection of Orangewood Avenue and Santa Rosalia Street was hit again by a hit-and-run motorist. The City Engineer/Traffic Engineer has proposed to restripe Orangewood approaching Santa Rosalia to prevent the guardrail at the intersection from being hit by motorists.
Staff report by Mr. Joe Ames, Public Works Director / City Engineer.
The City Council questioned staff regarding street light blinders, including additional reflectors, solid steel poles and/or alternate types of barriers, parking bulbs, parking, installing a median with trees/greenery, utilizing large trees to block the opposing streetlight, timeline, and guardrails.
1. The City Council declared that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15301(c) – Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; and
2. Received and filed the report.
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THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
10. ORAL COMMUNICATIONS – PUBLIC
• Mr. Allan Havens, resident, spoke regarding:
1. New business item 9A suggesting that the city place a speed hump before the stop sign to slow approaching traffic; and
2. Consent calendar item 6H inquiring as to the age/miles of the current city owned skip loader; and
3. Excessive debris, drug use, and camping along the sidewalks near Mercantile and Monroe and inquired if the city was making any efforts to address these concerns. Mr. Havens further reported that the city should share its efforts in focusing on the City’s business community as he believes that the businesses are the City’s foundation.
• Ms. Irene Stevenson, resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks, the potential for property damage, the potential for property fires, fears for the health and safety of residents over the July 4, 2022, holiday, and questioned if the City has a plan to address the concerns of residents.
• Ms. Resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks and questioned how law enforcement would allow this type of activity, questioned if the City had a noise ordinance, and further stated that the lack of enforcement shows no concern for the City’s residents.
• Ms. Cathy Jones, resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks, stating that it felt like a “war zone” within her neighborhood, fears for the health and safety of herself and her dog. Ms. Jones further reported that her attempts to contact law enforcement were unsuccessful and that no deputies responded to her calls.
Additionally, Ms. Jones stated that the lack of enforcement shows no concern for the City’s residents, and she is requesting for assistance from the City to address resident concerns.
• Ms. Cathy Hamilton, resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks, reported that her attempts to contact law enforcement were unsuccessful, and questioned if the City has a plan to address the concerns of residents. • Ms. Donna, resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks, the potential for property damage, the potential for property fires, fears for the health and safety of residents over the July 4, 2022, holiday, and questioned if the City has a plan to address the concerns of residents.
DRAFT
Joint Regular Meeting – July 12, 2022 - Page 9 of 11
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
• Mr. John Warren, resident:
1. Spoke in favor of staff recommendations pertaining to new business item 9A; and
2. Expressed his gratitude to the City Council for approval of installation of a sidewalk connecting the neighborhood behind Rodeo 39; and
3. Addressed resident concerns regarding the amount of noise and the discharge and use of illegal fireworks, stated that he understood that this has been an issue for decades within North Orange County, that he admired cities that are actively working on finding and creating solutions to address the concerns of residents, recognizes that solutions take time, and expressed his gratitude to the City in their efforts to address these concerns.
11. WRITTEN COMMUNICATIONS None.
12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS Mayor Pro Tem Ramirez requested that Ms. Jennifer A. Lilley, Community and Economic Development Director report on the City’s most recent business visit per the City’s Business Visitation Program.
• Ms. Jennifer A. Lilley, Community and Economic Development Director reported on the City’s business visit to White Bottle a holistic pharmaceutical company.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL
MEETING
Council Member Taylor requested to agendize discussion regarding the creation of an ad hoc committee to address and discuss resident concerns relating to fireworks. 12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
None.
DRAFT
Joint Regular Meeting – July 12, 2022 - Page 10 of 11
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
12D. PRESENTATION BY STANTON PUBLIC SAFETY SERVICES DEPARTMENT
RELATING TO SERVICES AND RESOURCES PROVIDED/OFFERED TO THE
HOMELESS COMMUNITY WITHIN THE CITY OF STANTON
Presentation by Mr. James J. Wren, Public Safety Services Director.
Presentation by Mr. Guillermo Perez, Outreach Coordinator.
Presentation by Mr. Damian Fonseca, Outreach Coordinator.
The City Council questioned staff regarding foster care, public outreach hotline, working with local churches, interdepartmental work, local business retention, homelessness, prostitution, illegal activity, addressing specific sections of the city for illegal/illicit activity, total client encounters, success rates when offering shelter, settlement agreement (Judge Carter), total count of issued citations, and enforcement.
The City Council received and filed the report.
13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.
14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
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 Marc Moore provided the City Council with an update on their current operations
The City Council expressed their gratitude to Ms. Zenia Bobadilla for her time served as the City’s Interim City Manager, providing the City with a smooth transition, calming and professional atmosphere, persistent communication, and making the difficult look easy.
DRAFT
Joint Regular Meeting – July 12, 2022 - Page 11 of 11
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
15. ADJOURNMENT in memory and honor of Dr. Gene Wilkins Motion/Second: Shawver/
Motion carried at 8:21 p.m.
_______________________________________
MAYOR/CHAIRMAN
ATTEST:
_______________________________________
CITY CLERK/SECRETARY
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: July 26, 2022
SUBJECT: FIRST AMENDMENT TO CONSTRUCTION CONTRACT WITH J. KIM ELECTRIC, INC. FOR CITY HALL NEW LIGHTING PROJECT
REPORT IN BRIEF:
The subject project’s original scope of work is complete. While the new lighting installations increased the level of brightness in the Banquet Hall/Community Room, it did not increase it to the desired level of brightness. City staff requested a contract change order bid from J. Kim Electric to install twelve (12) more new LED light fixtures in the room. The bid exceeds the previous City Council authorized maximum contract amount; therefore, a first amendment increasing the total contract amount is required to be approved by City Council.
RECOMMENDED ACTIONS:
1. City Council finds that this item is not subject to 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)(4) 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); and
2. Approve the First Amendment to the City Hall New Lighting Project Contract in the amount of $49,548.63; and
3. Authorize the City Manager to execute the First Amendment between the City of Stanton and J. Kim Electric, Inc.
BACKGROUND:
On March 8, 2022, the City Council awarded a construction contract to J. Kim Electric, Inc. to remove thirty (30) old light fixtures and install thirty (30) new LED light fixtures plus associated electrical system upgrades in the City’s Banquet Hall/Community Room located at 7800 Katella Avenue. The original scope of work is complete. City staff evaluated the new installations, which increased brightness in the room but not to the desired level of brightness. City staff requested a contract change order bid from J. Kim Item: 6D
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2 Electric to install twelve (12) more new LED light fixtures in the room. The bid exceeds the previous City Council authorized maximum contract amount; therefore, a first amendment increasing the total contract amount is required to be approved by City Council.
ANALYSIS/JUSTIFICATION:
City staff evaluated the brightness in the room after the installations and determined that additional lighting is warranted based upon the expectations of community users. City staff believes the most efficient way to increase the brightness in the room is to add twelve (12) more LED light fixtures – four in the middle of each one-third partitioned section of the room – of the same make and model for aesthetic reasons.
City staff received a contract change order proposal from J. Kim Electric in the amount of $14,862.02. The quote is attached. If the proposed First Amendment to the construction contract is approved, the total amount of the contact will increase to $49,548.63, which includes the original bid amount of $33,784.00 plus an administratively approved change order amount of $902.61.
Based upon the scope of work, City staff believes the amount to be reasonable, especially considering that the next lowest original bid for the original scope of work was $67,777.
By adding these light fixtures, City staff believes the room will be better illuminated which will positively impact all events and functions scheduled in the future with City Staff and the general public.
FISCAL IMPACT:
The FY 2022-2023 budget includes $150,000 for the purchase of a new skip loader. At the July 12, 2022 City Council meeting, City Council authorized the purchase of a new skip loader in the amount of $119,056.55. The savings from the skip loader budget can be applied to this project.
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.
3 STRATEGIC PLAN OBJECTIVE ADDRESSED:
3 – Provide a high-quality infrastructure.
Prepared by: Reviewed by:
/s/ Joe Ames /s/ Michelle Bannigan
_______________________________ _______________________________ Joe Ames, P.E., T.E. Michelle Bannigan, CPA
Public Works Director/City Engineer Finance Director
Approved by:
/s/ Hannah Shin-Heydorn
_______________________________
Hannah Shin-Heydorn
City Manager
Attachments:
A. First Amendment to the City Hall New Lighting Project Construction Contract B. J. Kim Electric, Inc.’s Cost Proposal
Attachment A
55414.00000\31609842. 1B-1
CITY OF STANTON
FIRST AMENDMENT TO
CONTRACT FOR CITY HALL NEW LIGHTING PROJECT
1. PARTIES AND DATE.
This First Amendment to the Contract for the City Hall New Lighting Project (“First Amendment”) is entered into on the ____ day of ________, 20___, by and between the City of Stanton (hereinafter referred to as the “City”) and J. Kim Electric, Inc. (hereinafter referred to as the “CONTRACTOR”). City and CONTRACTOR are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Contract. The Parties entered into that certain Contract for the City Hall New Lighting Project dated March 8, 2022 (“Contract”).
2.2 First Amendment. The Parties now desire to amend the Contract in order to increase the total compensation under the Contract to install additional LED light fixtures in the City’s Banquet Hall/Community Room (“Services”).
3. TERMS.
3.1 Scope of Services. The Contract is hereby amended to include the scope of services set forth in Exhibit “A,” attached hereto and incorporated herein by reference.
3.2 Compensation. The total compensation for the Contract provided pursuant to this First Amendment shall not exceed Forty Nine Thousand Five Hundred Forty Eight Dollars and Sixty Three Cents ($49,548.63) without written approval of the City Manager. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this First Amendment at the rates set forth in Exhibit “A” attached hereto.
3.3 Declaration of Political Contributions. Prior to the City’s approval of this Amendment, Contractor shall submit to City a 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 Contractor and all of Contractor’s employees, including any employee(s) that Contractor intends to assign to perform the Services described in this Contract.
3.4 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Contract shall remain in full force and effect.
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Attachment A
55414.00000\31609842. 1B-2
IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this ____ day of __________, 201__.
CITY OF STANTON J. KIM ELECTRIC, INC.
By:
Hannah Shin-Heydorn
City Manager
By:
Jang Ho Kim, President
ATTEST:
By:
Patricia A. Vazquez
City Clerk
By:
Mikyung Kim, Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
Attachment A
55414.00000\31609842. 1B-3
EXHIBIT “A”
TO FIRST AMENDMENT TO
CONTRACT FOR CITY HALL NEW LIGHTING PROJECT
SCOPE OF SERVICES
Quote # 2022-0629-02
DATE 06/29/2022
BILL TO:
City of Stanton
Attn: Joe Ames & Han Sol Yoo WORK PERFORMED AT:
7800 Katella Ave City Hall New Lighting Project
Stanton, CA 90680 7800 Katella Ave
Stanton, CA 90680
Qty 12 additional Ltg Fixtures Install
QUANTITY REMARKS
Spectrum SGRTE10XT30L35KWDDS102/AR1066XTMWSO 12 $ 389.40 ea $ 4,672.80 Sales Tax 7.75% 1 $ 362.14
New Ltg Fixtures Installation including new wiring system 12 $ 7,560.00 Insurance, Bond, Overhead & Profit 18% LS $ 2,267.08
Note: Lighting Fixtures Quote is firm till 7/28/2022
TOTAL $ 14,862.02
DESCRIPTION AMOUNT
J. KIM ELECTRIC, INC. Cost Proposal
842 W. Las Palmas Dr.
Fullerton, CA 92835
714-525-1855
Attachment B
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CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: July 26, 2022
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON
AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY
INVESTMENT FUND
REPORT IN BRIEF:
The existing resolution authorizing deposits and withdrawals of monies in LAIF, required by Section 16429.1 of the Government Code, needs to be updated to include the current City Manager, Hannah Shin-Heydorn.
RECOMMENDED ACTIONS:
1. City Council finds that this item is not subject to 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)(4) 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); and
2. Adopt Resolution No. 2022-40, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND.”
BACKGROUND:
The Local Agency Investment Fund (LAIF), and investment pool run by the California State Treasurer, requires a Council-approved resolution authorizing the individuals who are entitled to make investments and make withdrawals from the LAIF accounts. Only those authorized by resolution may make changes to the LAIF account.
FISCAL IMPACT:
None.
Item: 6E
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2 ENVIRONMENTAL IMPACT:
Not applicable.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Through the normal agenda process.
Prepared by: Approved by:
/s/ Michelle Bannigan
Michelle Bannigan, CPA
Finance Director
/s/ Hannah Shin-Heydorn
Hannah Shin-Heydorn
City Manager
ATTACHMENT:
A. Resolution No. 2022-40
RESOLUTION NO. 2022-40
RESOLUTION NO. 2022-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,
AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City of Stanton; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
That the City Council hereby authorizes the deposit and withdrawal of Stanton monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein; and BE IT FURTHER RESOLVED, AS FOLLOWS:
SECTION 1. The following Stanton officers holding the title(s) specified herein below or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:
Michelle Bannigan, CPA Hannah Shin-Heydorn Patricia A. Vazquez Finance Director City Manager City Clerk
SECTION 2. This resolution shall remain in full force and effect until rescinded by the Stanton City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.
ATTACHMENT A
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RESOLUTION NO. 2022-40
ADOPTED, SIGNED AND APPROVED this 26th day of July, 2022.
DAVID J. SHAWVER, MAYOR
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. 2022-40 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 July 26, 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
ATTACHMENT A
CITY OF STANTON
REPORT TO STANTON HOUSING AUTHORITY
TO: Honorable Chair and Members of the Board
DATE: July 26, 2022
SUBJECT: RESOLUTION OF THE STANTON HOUSING AUTHORITY OF THE CITY
OF STANTON AUTHORIZING INVESTMENT OF MONIES IN THE
LOCAL AGENCY INVESTMENT FUND
REPORT IN BRIEF:
The existing resolution authorizing deposits and withdrawals of monies in LAIF, required by Section 16429.1 of the Government Code, needs to be updated to include the Stanton Housing Authority’s current Executive Director, Hannah Shin-Heydorn.
RECOMMENDED ACTIONS:
1. Stanton Housing Authority finds that this item is not subject to 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)(4) 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); and
2. Adopt Resolution No. SHA 2022-03, entitled:
“A RESOLUTION OF THE STANTON HOUSING AUTHORITY OF THE CITY OF
STANTON, CALIFORNIA, AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND.”
BACKGROUND:
The Local Agency Investment Fund (LAIF), and investment pool run by the California State Treasurer, requires a Board-approved resolution authorizing the individuals who are entitled to make investments and make withdrawals from the LAIF accounts. Only those authorized by resolution may make changes to the LAIF account.
FISCAL IMPACT:
None.
Item: 6F
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2 ENVIRONMENTAL IMPACT:
Not applicable.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Through the normal agenda process.
Prepared by: Approved by:
/s/ Michelle Bannigan
Michelle Bannigan, CPA
Finance Director
/s/ Hannah Shin-Heydorn
Hannah Shin-Heydorn
Executive Director
ATTACHMENT:
A. Resolution No. SHA-2022-03
RESOLUTION NO. SHA 2022-03
RESOLUTION NO. SHA 2022-03
A RESOLUTION OF THE STANTON HOUSING AUTHORITY OF THE CITY OF
STANTON, CALIFORNIA, AUTHORIZING THE INVESTMENT OF MONIES IN THE
LOCAL AGENCY INVESTMENT FUND
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of the Housing Authority hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the Stanton Housing Authority.
NOW, THEREFORE, THE STANTON HOUSING AUTHORITY OF THE CITY OF STANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
That the Stanton Housing Authority Board hereby authorizes the deposit and withdrawal of Stanton Housing Authority monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein; and
BE IT FURTHER RESOLVED, AS FOLLOWS:
Section 1. The following Stanton Housing Authority officers holding the title(s) specified herein below or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:
Michelle Bannigan, CPA Hannah Shin-Heydorn Patricia A. Vazquez Finance Director Executive Director Authority Secretary Section 2. This resolution shall remain in full force and effect until rescinded by the Stanton Housing Authority Board by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.
ATTACHMENT A
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RESOLUTION NO. SHA 2022-03
ADOPTED, SIGNED AND APPROVED this 26th day of July, 2022.
DAVID J. SHAWVER, CHAIRMAN
APPROVED AS TO FORM:
HONGDAO NGUYEN, AUTHORITY COUNSEL
ATTEST:
I, PATRICIA A. VAZQUEZ, Authority Secretary of the Stanton Housing Authority, City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. SHA 2022-03 has been duly signed by the Chairman and attested by the Authority Secretary, all at a regular meeting of the Housing Authority held on July 26, 2022, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, AUTHORITY SECRETARY
ATTACHMENT A
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and City Council
DATE: July 26, 2022
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR FULLY
HOSTED RECREATION MANAGEMENT SOFTWARE AND
IMPLEMENTATION SERVICES TO CIVICPLUS
REPORT IN BRIEF:
Staff recommends that the City Council approve the professional services agreement with CivicPlus for fully hosted recreation management software to improve the customer experience and increase access for the public to City programs.
RECOMMENDED ACTIONS:
1. City Council declare that the project is not subject to CEQA in accordance with Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
2. Approve a Professional Services Agreement with CivicPlus to provide fully hosted recreation management software; and
3. Authorize the City Manager to bind the City of Stanton and CivicPlus in a contract to provide these services.
BACKGROUND:
The Community Services Department currently uses Vermont Systems RecTrac software to manage all program registration, facility reservation, and online registration functions. At the request of the Community Services Director, staff explored alternative systems and vendors based on functionality, value, and cost.
Item: 6G
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ANALYSIS/JUSTIFICATION:
Staff received quotes from multiple recreation management software agencies and determined the CivicPlus Civic Rec system best meets the needs of the department and patrons, in addition to providing good value. Estimates for implementation and annual fees are provided below:
Agency Implementation Annual Fee First Year Cost
CivicPlus $11,033.03 $6,180 $17,213.03
RecDesk N/A $8,300 $8,300
Smart Rec $12,000.00 $9,588 (plus 1% of all transactions) $21,588 Staff met with each of the agencies listed above and tested corresponding demonstration sites. CivicPlus provided the most comprehensive services for the price, and also included:
• An intuitive user interface for both staff and the public; • Comprehensive staff training;
• Required reporting capabilities;
• Positive feedback from current clients; and
• Extended customer support hours (5am-5pm PST) along with 24/7 emergency support.
The proposed implementation of CivicPlus will provide enhanced online services and greater value to the community. The following table includes the average transaction costs per communication method for recreation transactions as reported by recent studies from the Gartner Group and the Yankee Group published by the International City/County Management Association (ICMA), along with the approximate breakdown of City transactions:
Communication Method Cost Per Transaction % of City Recreation Transactions
Walk-In $9.00 50%
Live Phone Attendant $4.50-$5.30 25%
Email $2.50-$3.00 10%
Web Self-Service (online) $0.24-$0.65 15%
After the implementation of CivicPlus, staff anticipates an increase in online recreation transactions based on accessibility and ease of use.
FISCAL IMPACT:
The total not-to-exceed contract compensation is for $23,393.03 to cover implementation, Year 1, and Year 2 fees. The cost for the one-time implementation and Year 1 annual fee is $17,213.03. The Fiscal Year 2022/23 Adopted Budget includes $12,000 for a new recreation software program. The budget shortfall of $5,213.03 will be funded from the Community Services Department’s salary savings. The Year 2 annual fees will be requested in the City’s budget next fiscal year.
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).
LEGAL REVIEW:
The City Attorney’s Office has reviewed the attached Professional Services Agreement.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
Objective 6: Maintain and Promote a Responsive, High Quality and Transparent Government.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Concur:
/s/ Kelsey Ransom /s/ Michelle Bannigan
_________________ ________________________
Kelsey Ransom Michelle Bannigan
Community Services Coordinator Finance Director
Reviewed by: Approved by:
/s/ Zenia Bobadilla /s/ Hannah Shin-Heydorn
__________________ _______________________
Zenia Bobadilla Hannah Shin-Heydorn
Community Services Director City Manager
ATTACHMENT:
A. Professional Services Agreement with CivicPlus for Fully Hosted Recreation Management Software and Implementation Services.
ATTACHMENT A
CITY OF STANTON
Professional Services Agreement
for Recreation Management Software and Hosting Services
1. PARTIES AND DATE
This Agreement is made and entered into this 26th day of July, 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 CIVICPLUS a corporation, with its principal place of business at 302 South 4th Street, Suite 500, Manhattan, Kansas 66502 (“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 FULLY HOSTED RECREATION MANAGEMENT SOFTWARE AND IMPLEMENTATION 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 FULLY HOSTED RECREATION MANAGEMENT SOFTWARE AND IMPLEMENTATION 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 FULLY HOSTED RECREATION MANAGEMENT SOFTWARE AND IMPLEMENTATION 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 FULLY HOSTED RECREATION MANAGEMENT SOFTWARE AND IMPLEMENTATION 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.
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ATTACHMENT A
3.1.2 Term. The term of this Agreement shall be from JULY 26, 2022 to JUNE 30, 2024, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 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. 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: AMY VIKANDER, SENIOR VICE PRESIDENT, CLIENT SERVICES.
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 COMMUNITY SERVICES DIRECTOR, ZENIA BOBADILLA, or his or her designee, as the City’s contact for the implementation
ATTACHMENT A
of the Services hereunder. 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 AMY VIKANDER, SENIOR VICE PRESIDENT, CLIENT SERVICES, 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 and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.
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
ATTACHMENT A
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 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.
ATTACHMENT A
(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 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
ATTACHMENT A
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 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”
ATTACHMENT A
attached hereto and incorporated herein by reference. The total compensation shall not exceed
TWENTY THREE THOUSAND THREE HUNDRED NINETY THREE DOLLARS AND THREE CENTS ($23,393.03) (“Total Compensation”) without written approval of City’s MANAGER OR DESIGNEE.
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.
The City Manager is authorized to approve Extra Work in an amount not-to-exceed 10 percent of the Total Compensation, or up to Two Thousand Three Hundred and Thirty-Nine Dollars. Any additional amount(s) shall be approved by the City Council.
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 “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. Consultant shall defend, indemnify and hold the City, its elected 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.
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.
ATTACHMENT A
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:
Consultant:
CivicPlus
302 South 4th Street, Suite 500
Manhattan, Kansas 66502
Attn: Amy Vikander, Senior Vice President, Client Services City:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Zenia Bobadilla, Interim City Manager
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
ATTACHMENT A
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.
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
ATTACHMENT A
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.
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
ATTACHMENT A
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.
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 there from.
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.
ATTACHMENT A
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 approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
ATTACHMENT A
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this 28th day of June, 2022.
CITY OF STANTON CIVICPLUS
By:
Hannah Shin-Heydorn
City Manager
By:_________________________________
Amy Vikander
Senior Vice President, Client Services
ATTEST:
By:
Patricia Vazquez
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ATTACHMENT A
EXHIBIT “A”
Scope of Services
1. Customer Database Management and Reporting – Database allows patron management across the various components of the system including attendance tracking. Flexible search capability within the customer database, standard fields for capturing key customer information, and easy export or integration with other programs.
2. Activity Registration – Process and manage a broad range of activity registrations. Ability to easily add, remove, and edit classes and programs. System utilizes data captured to generate program rosters, attendance records, wait lists, mailing labels, and instructor payment records. Allows altering of fees and processing of scholarships and program discounts as applicable.
3. Online Registration – Process registrations in a user-friendly, secure environment for classes and programs, donations, and other transactions, as well as accessing household account information. Requires a functional on-line payment platform process. Fully accessible on personal computers and laptops, and a mobile-optimized user platform to accommodate IPads, tablets, mobile phones and other smart devices (IOS/Android). The system must integrate easily with the City’s existing website.
4. Facility/Field Rental and Reservations – Schedule, process and manage multiple facility/field reservations for athletic fields, parks and facility space. Allow staff to view space availability through search criteria or calendar.
5. Customer Marketing and Communications – Robust marketing/promotional tools to reach customers and specific segments based on demographic characteristics or participation history. Ability to send receipts, program information, and alerts via email and text SMS.
Customizable templates for e-mail campaigns, promotional messages, and newsletters with patron opt-out and tools to meet privacy and spam regulations. Ability to push activity/program evaluations and surveys to customers automatically via email or text with link. Analytic reporting to determine the effectiveness of marketing campaigns.
6. Financial Data – Functionality that must export general ledger data to the City’s financial system (currently Springbrook) and other system applications as needed. Requires financially self-balancing system.
7. Convenient Payment Processing – Process payments in a safe and secure system using a variety of methods including cash, check, EFT/ACH, credit/debit cards, and NFC methods such as Apple Pay, Google Samsung Pay, Square, etc. Fully compliant with Payment Card Industry Security Standards Council (PCI SSC). The system permits refunds directly back to credit card, household account credit, or by check.
8. Reporting – Standard and customizable reporting platform for financial, demographic, and statistical information. Crystal reporting features or a mechanism to access and format raw data into traditional legible reports with possible export to Excel.
9. Electronic Signing Capability and Form Building/Management/Archiving – Provide electronic signing capability for emergency information forms, informed consent and liability waivers, and miscellaneous program forms required for registration processes. Allow for searching, viewing, retrieving and archiving forms as needed across modules.
10. Verification of Resident and Non-Resident Patron Information – Interface with City’s address database/GIS to determine/verify patrons’ resident or non-resident status.
11. Master Calendaring and Scheduling – Access to an internal master calendar with integrated view and drill down capability.
ATTACHMENT A
EXHIBIT “B”
Schedule of Services
ATTACHMENT A
EXHIBIT “C”
Compensation
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit “B” in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties up to a maximum percentage of five percent (5%).
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: July 26, 2022
SUBJECT: APPROVAL OF FIRST AMENDMENT EXTENDING THE CONTRACT WITH EMPIRE PIPE CLEANING & EQUIPMENT, INC. TO PROVIDE
SANITARY SEWER CLEANING SERVICES
REPORT IN BRIEF:
A contract was awarded to Empire Pipe Cleaning & Equipment, Inc. (Empire) at the June 11, 2019 Council meeting to provide sanitary sewer cleaning services. The three-year contract that expired June 30, 2022 provides for two optional one-year extensions. The contractor has requested an extension of the contract for an additional year. If approved by Council, the first amendment to the contract would expire on June 30, 2023.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301b; and
2. Approve the First Amendment to the existing agreement with Empire Pipe Cleaning & Equipment, Inc. and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager to execute the First Amendment to the existing Agreement with Empire Pipe Cleaning & Equipment, Inc.; and
4. Authorize the City Manager to approve contract changes, not to exceed 10% of the First Amendment total compensation.
BACKGROUND:
As part of the preventive maintenance of the City’s sanitary sewer system, the City requires the use of a specialty contractor to perform sanitary sewer cleaning services on an annual basis. The annual cleaning is essential in preventing sanitary sewer overflows (SSOs) from occurring. Since 2015, the City has contracted with Empire for sanitary sewer cleaning and emergency services.
Item: 6H
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2 ANALYSIS/JUSTIFICATION:
Empire was the lowest bidder of three bids in a competitive bid process. Empire has agreed to maintain their 2019 rates as part of the proposed amendment. Staff recommends Council approve the proposed amendment based on cost and value, Empire’s familiarity with the City’s sewer and storm drain systems, and their satisfactory service to the City during the most recent contract term.
The scope of work includes the annual cleaning of catch basins, the quarterly cleaning of select sewer segments categorized as hotspots, and emergency response. The amendment compensation of $256,514.40 consists of the following:
Maintenance Contract $ 233,195.00
Maintenance Contingency – 10% $ 23,319.50
Total Contract Cost $ 256,514.40
FISCAL IMPACT:
Funds for sewer cleaning services are available from Account 501-3700-730100 and are included as part of the Fiscal Year 2022-23 Operating Budget. This project will have no impact on the General Fund.
ENVIRONMENTAL IMPACT:
This project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as maintenance of existing facilities.
LEGAL REVIEW:
The City Attorney’s office has reviewed the contract amendment.
PUBLIC NOTIFICATION:
Notifications were performed through the normal agenda process.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
3 - Provide a quality infrastructure.
3 Prepared by: Concur:
/s/ Joe Ames /s/ Michelle Bannigan
Joe Ames, P.E., T.E.
Public Works Director/City Engineer
Michelle Bannigan, CPA
Finance Director
Reviewed by: Approved by:
/s/ HongDao Nguyen /s/ Hannah Shin-Heydorn
HongDao Nguyen
City Attorney
Hannah Shin-Heydorn
City Manager
Attachments:
A. Empire Pipe Cleaning & Equipment, Inc. Contract
B. First Amendment
CITY OF STANTON
STANDARD CONTRACT
CONTRACT FOR:
SANITARY SEWER CLEANING SERVICES
I.
This Contract is made and entered into on the /i!Jay of �<--2019, by and between the City of Stanton, a California General Law Municipal Corporation ("City") and Empire Pipe Cleaning & Equipment, Inc. ("Contractor"). City and Contractor, based upon their mutual promises contained herein and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows:
The complete Contract includes all of the Contract Documents, to wit:
A. Request for Proposal, dated March 21, 2019
8. Pa:y1"flent Bond NCS""t �1"'�.1c0
C. Co11t1a:et Performance Bond Jvllr K.#tu•�
D. Certificates of Insurance, Certified Copies of Insurance Policies, and Endorsements
E. Notice of Award
F. Notice to Proceed
G. Change Order
H. Latest Edition, Standard Specifications for Public Works Construction (Excluding Sections 1-9).
I. Latest Edition, Orange County RDMD Standard Drawings.
J. Public Improvement Warranty
I. Proposal, dated April 8, 2019
Each of such documents in their entirety is incorporated herein by this reference as if set forth in full.
Attachment: A
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11. CONTRACT TERM AND RENEWAL
The term of this Contract shall be from »'-Y l \;, 2019 to X::UtJL3 o"f1.., 2022. The City shall have the unilateral option, at its sole discretion, to renew this Contract annually for up to two (2) additional one-year terms at the same annual Contract Price.
Ill. CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept in full payment for the work outlined, in the Contract Documents, the sum of two hundred thirty-three thousand, one hundred ninety-five dollars ($233,195.00) each year subject to additions and deductions, if any, in accordance with said Contract Documents. Payment shall not be made more often than once each thirty (30) days, nor shall amount paid be in excess of ninety-five percent (95%) of the Contract at time of completion. Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit eligible substitute securities, as described in Government Code Section 16430, and as authorized by Public Contract Code Section 22300, in lieu of retention monies withheld to insure performance.
Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. 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.
At any time during the term of this Contract, City may request that Contractor 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 Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
IV. BONDS
ctor shall furnish a Labor and Material Bond in an amount equal to onepercent (1 O o tract Price, and a Faithful Perfo in an amount equal to one-hundred percent n ract Price, in a form provided or approved by the onas shall be secured ro om any admitted nzed to do business in California as such.
V. INDEMNITY
2 To the fullest extent permitted by law, Contractor shall defend, 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 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 consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
Contractor shall defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents 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, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or 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 officers, employees, agents, or volunteers.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Contract or this section.
VI. INSURANCE
The Contractor shall secure and maintain throughout the term of the Contract the following types of insurance with limits as shown:
Workers Compensation - A program of Workers Compensation Insurance or a State-approved self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers Liability with One-Million Dollars ($1,000,000.00) limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Contract. 3 General Liability - Such general liability insurance shall be written with a limit of liability of not less than Two-Million Dollars ($2,000,000.00) combined single limits for damages arising out of bodily-injury, including sickness and death, injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse, and underground exposure.
Vehicle Liability - Such vehicle liability insurance shall be written with a limit of liability of not less than One-Million Dollars ($1,000,000.00) combined single limits for all bodily injury, including sickness and death or injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse, and underground exposure.
All insurers shall be admitted and authorized to do business in California as insurance carrier.
Contractor shall immediately furnish certificates of insurance and the Contractor shall provide certified copies of all policies and endorsements to the City evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City, and shall maintain such insurance from the time Contractor commences performances of services hereunder until the completion of such services. Within thirty (30) days of award of the contract, Contractor shall provide City with certified copies of all insurance policies required hereunder.
All policies, with respect to the insurance coverage above required, except for the Workers' Compensation Insurance coverage and liability coverage, if applicable, shall obtain additional endorsements covering the City and its officers, employees, and agents, as insureds with respect to liabilities arising out of the performance of services hereunder.
The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the City, its officers, employees, contractors, agents, and subcontractors.
All policies required above are to be primary and noncontributing with any insurance or self-insurance programs carried or administered by the City.
VII. COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence the work required by this Contract within ten (10) days of the date specified in the Notice to Proceed and shall complete the Work within three {3) years. City and Gonir:aotor havo discussed tho pi:gvieiQns of Government Code goction 53069.85 and tho dama§os which may bo incurrnd by City if tho 'Nori< is not 4 ·
· time specified in this Contract. The City a her.--�--- re trn:lh�the ·
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VIII. STANDARD OF CARE
Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California.
Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services 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 Services, 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 services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
IX. 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 Project or the Services, 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 Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. 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.
X.SAFETY
Contractor shall execute and maintain its work so as to avoid injury or damage to any 5 person or property. In carrying out its Services, the 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: (A) adequate life protection and lifesaving equipment and procedures; (8) instructions in accident prevention for all employees and subcontractors, 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.
XI. LABOR
Prevailing Wages. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1 ). 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.
Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. 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.
6 Compliance Monitoring. This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, 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 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 Department of Industrial Relations against Contractor or any subcontractor
XII. TERMINATION
City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause.
If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
In the event this Contract 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.
XIII. MISCELLANEOUS
Labor Certification. By its signature hereunder, Contractor 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 selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
Supervision: Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this 7 Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and 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 of Services 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, disability insurance, and workers' compensation insurance.
Other Contractors. City reserves the right to employ other contractors in connection with this Project.
Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor 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 Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of four (4) years from the date of final payment under this Contract Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor 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.
No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
Governing Law. This Contract shall be governed by the laws of the State of California.
Venue shall be in Orange County.
Time of Essence. Time is of the essence for each and every provision of this Contract.
XIV.
Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to perform the work hereunder.
Contractor's failure to have or maintain all appropriate licenses during the entire term of this contract, or any period thereof, shall be cause for the immediate and summary termination of this Contract by City. Contractor shall be liable for all City's costs to complete the work and this Contract.
8 xv.
The person or persons executing this Contract on behalf of Contractor warrants and represents he/she/they has/have the authority to execute this Contract on behalf of his/her/their corporation, partnership, or business entity and warrant and represents that he/she/they has/have the authority to bind Contractor to the performance of its obligations hereunder.
XVI.
This Contract contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above.
CITY OF STANTON:
By:
CITY MANAGER
ATTEST:
By:
DEPUTY CITY CLERK
APPROVED AS TO FORM:
By:
CITY ATTORNEY
By:
EMPIRE PIPE CLEANING & EQUIPMENT, INC.:
(Corporate Officer)
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9 ACORD® CERTIFICATE OF LIABILITY INSURANCE I
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Patriot Risk & Insurance Services CONTACT
NAME:
2415 Campus Drive, Suite #200 PHONE 1949) 486-7900 I r:,� Nol: (949) 486-7950 IJ_A!C,J1!1.J;.11t): Irvine, CA 92612 E-MAIL ADDRESS:
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INSURERC: 1788 Nert Neville
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COVERAGES CERTIFICATE NUMBER: 48005181 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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EACH OCCURRENCE s 1 000 000
DAM"'-'E TORENl'ED
PREMISES (Ea occurrencel S50 000
MED EXP IAnv one person) S10 000
PERSONAL &ADV INJURY s 1 000 000
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DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space Is required) Re: Operations Usual to the Named Insured
City of Stanton is named as Additional Insured as respects to General Liability per endorsements attached where required by written contract. •30 days notice of cancellation, 10 days for non-paymenl of premium.
CERTIFICATE HOLDER CANCELLATION
·---
----
Citb of Stanton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Pu lie Works ACCORDANCE WITH THE POLICY PROVISIONS. 7800 Katella Avenue Stanton CA 90680-3162
AUTHORIZED REPRESENTATIVE
I Dave Jacobson �..:.1 ,./ r,-1__,_____
© 1988-2015 ACORD CORPORATION. All rights reserved.
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DT22C06K521249TCT19 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED - (Seclion II) is amended
to include any person or organi2ation that you
agree in a "wntten contract requiring insurance"
lo Include as an additional insured on this Coverage Part, bu1:
a) Only with respect to liabili'ly for "bodily injury", "property damage" or "personal injury"; and
b) If, and only lo the f!xtent that, the injury or
damage is causeu by acts 01 omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organizalion.
2. The insurance provided to lhe additional insured
by this endorsement is limited as follows:
a) In lhe event that the Limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the insurance provided to the addltlonal insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits or insu.-ance described in Section Ill - Limits Of Insurance.
b) The Insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of. or failure to render, any
professional architectural. engineering or surveying services, including:
i. The preparing, approving, or failing to
prepare or approve. maps, shop drawings, opinions, reports, surveys, field orders or r.hange orders. or the preparing. approving, or failing to prepare or approve, dra'Wings and specifications: and ii. Supervisory, inspection, architectural or
engineering acttvities.
c) Tl1e insun.mce provided tu tlie adc..litiunal i11-
sured does not apply to "bodily inJury" or
"property damage" caused by "your work"
and included in the "products-completed opera1ions hazard" unless the "wrillen contract requiring insurance" specifically requires you
to provide such coverage for that additional
insured, and then the insurance provfded to
the additional insured applies only to such
"bodily injury" or "property damage" that occurs before the end of the period of lime for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is
earlier.
3. The insurance provided to the additional insured
by this endorsement is excess over any valid and
r.oller:tible ''other insur"1nce'', whethP.r primary,
Axcess, conlingent or on any other basis. tha1 is
available to the ac1nitional insured for a loss we
cover under this endorsement. However. if the
"written contract requiring insurance" specifically
requires that this insurance apply on a primary
basis or a primary and non-contributory ba:;is,
this insurance is primary to "other insurance"
available to the additional insured which covers
that person or organization as a named insured
for such loss, and we will not share with that
"other insurance". But the insurance provided to
the additional insured by this endorsement still is
excess over any valid and collectible "other insurance", whether primary. excess, contingent or on any other basis, that is available to the additional insured when that person or organi1atfon is an additional insured uncler such "other insurance".
4. As a condition 01· coverage provided to the
additional insured by this endorsement:
a) The additional insured must give us writlen
notice as soon as practicable of an ''occurrence" or an offense which may result In a claim. To the extent possible. such notice
should include·
CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 :_e�c;1e1 J 1�/20 C·L/,\U/UMa/wr: I 5t.cph:1nie Kunce I 4/4/20l9 4:15:-0 PM fPDT) / Page 2 af 9 1 h1 ."i c��r 1 f1 Cate cancels 5nd .1:upcl·serics At,L pre·,i ous l y lssued ce.rtifl cat.cs. coonsa
COMMERCIAL GENERAL LIABILITY
i. How, wlieri and where the "ot;currence"
or offense took place:
ii. The names and addresses of any injured
persons and witnesses. and
Iii. The nature and loca1ion of any injury or
damage arising out of the ''occurrence" or
offense.
b) If a claim is made or "suit" is brought agains1
1he addi11ona1 insured, the additional insured
must:
i. Immediately record the specifics of 1he
claim or "suit" and the date received; and
ii. Notify us as soon as practicable.
The addilional Insured musl see 10 ii mat we
receive wrillen notice of lh;, claim or "s11it" as
suun as practicable.
c) The additional insured must immediately
send us copies of all legal papers received in
connection with l11e cl;iirn or "suit", cooperate
with us in lhe investigation or settlement of
1he claim or defense against the "suit", and
otherwise comply with all policy conditions.
d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would
cover the additional insured for a loss we
cover under this endorsement. However, ll11s
condition does not affecl whether the insurance provided to the additional insured by this endorsen,ent is primary tn "oilier insurance" availal.ile to the additional insured which covers tlial pe1son or organizatiu11 as a
named insured as described rn paragraph 3.
above.
5. The following definilion is added to SECTION V.
- DEFINITIONS:
"Written contract requiring insurance" means
that part of any written contract or agreement
u11der which you are required to include a
person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed:
a. After the signing and execution of the
contract or agreement by you;
b. While that part of the conlracl or
agreement is in effect; and
c. Before the end of the policy penod.
ol�00SJ8I I 19/20 r-L/i\U/UMS/WC I Scephanie l(unc:e I •1/11/2019 '1:1S:'1:3 PM (FDT) I Page 3 of 9 Th1.; ce.r:-i l"icate canc�ls •nd :;upe�sedes ALL p1·c·,iouslr issued certificates.
DT22C06K521249TCT19
Empire Pipe Cleaning & Equipment Inc.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS XTEND ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Aircraft Chartered With Pilot
B. Damage To Premises Rented To You
C. Increased Supplementary Payments
D. Incidental Medical Malpractice
E. Who Is An Insured - Newly Acquired Or Formed
Organizations
F. Who Is An Insured - Broadened Named Insured
- Unnamed Subsidiaries
G. Blanket Additional Insured - Owners, Managers
Or Lessors Of Premises
PROVISIONS
A. AIRCRAFT CHARTERED WITH PILOT
The following is added to Exclusion g., Aircraft,
Auto Or Watercraft, in Paragraph 2. of SECTION
I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
This exclusion does not apply to an aircraft that
is:
(a) Chartered with a pilot to any insured;
(b) Not owned by any insured; and
(c) Not being used to carry any person or property for a charge.
B. DAMAGE TO PREMISES RENTED TO YOU
1. The first paragraph of the exceptions in Exclusion J., Damage To Property, In Paragraph 2. of SECTION I - COVERAGES -
COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY Is deleted.
2, The following replaces the last paragraph of
Paragraph 2., Exclusions, of SECTION I -
COVERAGES - COVERAGE A. BODILY
H. Blanket Additional Insured - Lessors Of Leased
Equipment
I. Blanket Additional Insured - States Or Political
Subdivisions - Permits
J. Knowledge And Notice Of Occurrence Or Offense
K. Unintentional Omission
L. Blanket Waiver Of Subrogation
M. Amended Bodily Injury Definition
N. Contractual Liability - Railroads
INJURY AND PROPERTY DAMAGE LIABILITY:
Exclusions c. and g. through n. do not apply
to "premises damage". Exclusion f.(1)(a)
does not apply to "premises damage" caused
by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from such fire, explosion,
or lightning; or
e. Water;
unless Exclusion f, of Section I - Coverage A
- Bodily Injury And Property Damage Liability
is replaced by another endorsement to this
Coverage Part that has Exclusion - All Pollution Injury Or Damage or Total Pollution Exclusion in its title.
A separate limit of insurance applies to
"premises damage" as describect in Paragraph 6. of SECTION Ill - LIMITS OF INSURANCE.
CG D31611 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of6 480>.:SlBl j 19 2� G:./AU/'..11-ta/wc / 5teph3nie Kuncf' I 4/4/2013 4:15:43 PM lPDTI I P3ge -l of 9 'l'hl..S ccrL.1i:1cale cancels .and supc:..·sedcs AW, p!.·cv1.ously issued certHicatcs.
COMMERCIAL GENERAL LIABILITY
3. The following replaces Paragraph 6. of SEC·
TION 111 - LIMITS OF INSURANCE:
Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because
of "premises damage" to any one premises.
The Damage To Premises Rented To You
Limit will apply to all "property damage"
proximately caused by the same "occurrence", whether such damage results from:
fire; explosion; lightning; smoke resulting from
such fire, explosion, or lightning; or water; or
any combination of any of these causes.
The Damage To Premises Rented To You
Limlt will be:
a. The amount shown for the Damage To
Premises Rented To You Limit on the
Declarations of this Coverage Part; or
b. $30D,DDD if no amount is shown for the
Damage To Premises Rented To You
Limit on the Declarations of this Coverage
Part.
4. The following replaces Paragraph a. of the
definition of "insured contract" in the DEFINITIONS Section:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any
person or organization for "premises
damage" is not an "insured contract";
5, The following is added to the DEFINITIONS
Section:
"Premises damage" means "property damage" to:
a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or
b. The contents of any premises while such
premises is rented to you, if you rent such
premises for a period of seven or fewer
consecutive days.
6. The following replaces Paragraph 4.b.(1)(b)
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:
(b) That is insurance for "premises damage";
or
7. Paragraph 4.b.(1)(c) of SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted.
C. INCREASED SUPPLEMENTARY PAYMENTS
1. The following replaces Paragraph 1.b. of
SUPPLEMENTARY PAYMENTS - COVERAGES A AND B of SECTION I - COVERAGE:
b. Up to $2,500 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of any
vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to furnish these bonds.
2. The following replaces Paragraph 1.d. of
SUPPLEMENTARY PAYMENTS - COVERAGES A AND B of SECTION I - COVERAGES:
d. All reasonable expenses incurred by the
Insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings up
to $500 a day because of time off from
work.
0. INCIDENTAL MEDICAL MALPRACTICE
1. The following is added to the definition of "occurrence" in the DEFINITIONS Section:
"Occurrence" also means an act or omission
committed in providing or failing to provide
"incidental medical services", first aid or
"Good Samaritan services" to a person.
2. The following is added to Paragraph 2.a.(1) of
SECTION 11- WHO IS AN INSURED:
Paragraph (1)(d) above does not apply to
"bodily injury" arising out of providing or falling to provide:
(I) "Incidental medical services" by any of
your "employees" who Is a nurse practitioner, registered nurse, licensed practical nurse, nurse assistant, emergency medical technician or paramedic; or (II) First aid or "Good Samaritan services" by
any of your "employees" or "volunteer
workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to
provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope
of their employment by you or performing
duties related to the conduct of your business.
,HOO�l81 ! 13/20 GL/AU/tr.·13/WC I Stephanie Kuncc I 4/4/2013 4:15:43 PM (PDT) I Page 5 of 9 T?-.i R ce!."ti f ir:�te ca nee l � .and .-.up�r�ede.� iH,L pre·,iou:d y 1 ,i,�ucd cert if icstt-A.
3. The following is added to Paragraph 5. of
SECTION Ill - LIMITS OF INSURANCE:
For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed In providing or falling to
provide "incidental medical services", first aid
or "Good Samaritan services" to any one person will be deemed to be one "occurrence".
4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Sale Of Phannaceutlcals
"Bodily injury" or "property damage" arising
out of the willful violation of a penal statute or
ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured.
5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing of
food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
"Good Samaritan services" means any emergency medical services for which no compensation is demanded or received.
6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS:
The Insurance is excess over any valid and
collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, that is available to any of
your "employees" or "volunteer workers" for
"bodily injury" that arises out of providing or
failing to provide "incidental medical services", first aid or "Good Samaritan services" to any person to the extent not subject to
Paragraph 2.a.(1) of Section II - Who Is An
Insured.
E. WHO IS AN INSURED - NEWLY ACQUIRED
OR FORMED ORGANIZATIONS
The following replaces Paragraph 4. of SECTION
II - WHO IS AN INSURED:
COMMERCIAL GENERAL LIABILITY
4. Any organization you newly acquire or form,
other than a partnership, joint venture or limited liability company, of which you are the sole owner or In which you maintain the majority ownership interest, will qualify as a Named Insured If there is no other insurance
which provides similar coverage to that organization. However:
a. Coverage under this provision ls afforded
only:
(1) Until the 180th day after you acquire or
form the organization or the end of the
policy period, whichever is earlier, if you
do not report such organization in writing
to us within 180 days after you acquire or
form it; or
(2) Until the end of the policy period, when
that date is later than 180 days after you
acquire or form such organization, if you
report such organization in writing to us
within 180 days after you acquire or form
it, and we agree in writing that it will continue to be a Named Insured until the end of the policy period;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal injury" or "advertising injury'' arising out of an offense committed before you acquired or
formed the organization.
F. WHO IS AN INSURED - BROADENED NAMED
INSURED - UNNAMED SUBSIDIARIES
The following is added to SECTION II - WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership,
joint venture or limited liability company, that is
not shown as a Named Insured in the Declarations is a Named Insured if you maintain an ownership interest of more than 50% in such subsidiary on the first day of the policy period.
No such subsidiary is an Insured for "bodily injury"
or "property damage" that occurred, or "personal
injury'' or "advertising Injury" caused by an offense committed after the date, if any, during the policy period, that you no longer maintain an
ownership interest of more than 50% in such subsidiary.
CG D316 11 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of6 1:oos1=1 I 1;1:20 GL/ • .\U/UMB/\olC I Stephanie Kunce I •l/·1/201.3 -t:15:;lJ PM (PDT) I Page 6 of 9 'l'hls t:et'liClc3le cam:els .and supersedes ALL previm1sly issued c.:ertlfh:ates.
COMMERCIAL GENERAL LIABILITY
G. BLANKET ADDITIONAL INSURED - OWNERS,
MANAGERS OR LESSORS OF PREMISES
The following is added to SECTION II - WHO IS
AN INSURED:
Any person or organization that is a premises
owner, manager or lessor and that you have
agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability
for "bodily injury", "property damage", "personal
injury" or "advertising injury" that:
a. Is "bodily injury'' or "property damage" that
occurs, or is "personal injury" or "advertising
injury'' caused by an offense that is committed, subsequent to the execution of that contract or agreement; and b. Arises out of the ownership, maintenance or
use of that part of any premises leased to
you.
The Insurance provided to such premises owner,
manager or lessor is subject to the following provisions:
a. The limits of insurance provided to such
premises owner, manager or lessor will be
the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such premises
owner, manager or lessor does not apply to:
(1) Any "bodily injury" or "property damage"
that occurs, or "personal injury" or "advertising injury" caused by an offense that is committed, after you cease to be a tenant
in that premises; or
(2) Structural alterations, new construction or
demolition operations performed by or on
behalf of such premises owner, lessor or
manager.
c. The insurance provided to such premises
owner, manager or lessor Is excess over any
valid and collectible other Insurance available
to such premises owner, manager or lessor,
whether primary, excess, contingent or on
any other basis, unless you have agreed in
the written contract or agreement that this insurance must be primary to, or noncontributory with, such other insurance, in which case this insurance will be primary to,
and non-contributory with, such other insurance.
H. BLANKET ADDITIONAL INSURED - LESSORS
OF LEASED EQUIPMENT
The following is added to SECTION II - WHO IS
AN INSURED:
Any person or organization that is an equipment
lessor and that you have agreed in a written contract or agreement to include as an insured on this Coverage Part is an insured, but only with respect to liabillty for "bodily injury", "property damage", "personal injury" or "advertising injury" that:
a. Is "bodily injury" or "property damage" that
occurs, or is "personal injury" or "advertising
injury'' caused by an offense that is committed, subsequent to the execution of that contract or agreement; and b. Is caused, in whole or in part, by your acts or
omissions in the maintenance, operation or
use of equipment leased to you by such
equipment lessor.
The insurance provided to such equipment lessor
is subject to the following provisions:
a. The lfmits of insurance provided to such
equipment lessor will be the minimum limits
which you agreed to provide in the written
contract or agreement, or the limits shown on
the Declarations, whichever are less.
b. The insurance provided to such equipment
lessor does not apply to any "bodily injury" or
"property damage" that occurs, or "personal
injury" or "advertising injury" caused by an offense that is committed, after the equipment lease expires.
c. The insurance provided to such equipment
lessor is excess over any valid and collectible
other Insurance available to such equipment
lessor, whether primary, excess, contingent
or on any other basis, unless you have
agreed in the written contract or agreement
that this insurance must be primary to, or
non-contributory with, such other insurance,
in which case this insurance will be primary
to, and non-contributory with, such other insurance.
I. BLANKET ADDITIONAL INSURED - STATES
OR POLITICAL SUBDIVISIONS - PERMITS
The following is added to SECTION II - WHO IS
AN INSURED:
Any state or political subdivision that has issued a
permit in connection with operations performed by
you or on your behalf and that you are required
4900SHH J 19/20 GL/AU/UMB/WC I St�phanie l<unce I 4/4/2019 4:15:43 PM (PDT) I Page 1 of 9 This certificate cancels and supersedes llLL previously issued certificates. by any ordinance, law or building code to include
as an additional insured on this Coverage Part is
an insured, but only with respect to liability for
"bodily injury", "property damage", "personal injury" or "advertising injury" arising out of such operations.
The insurance provided to such state or political
subdivision does not apply to:
a. Any "bodily injury," "property damage," "personal injury" or "advertising injury" arising out of operations performed for that state or political subdivision; or b. Any "bodily injury" or "property damage" included In the "products-completed operations hazard".
J. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE
The following is added to Paragraph 2., Duties In
The Event of Occurrence, Offense, Clalm or
Sult, of SECTION IV - COMMERCIAL GEN•
ERAL LIABILITY CONDITIONS:
e. The following provisions apply to Paragraph
a. above, but only for the purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2.
of Section II - Who Is An Insured:
(1) Notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by you (if you are an individual),
any of your partners or members who is
an individual (if you are a partnership or
joint venture), any of your managers who
is an Individual {if you are a limited liability
company), any of your "executive officers" or directors {if you are an organization other than a partnership, joint venture or limited liability company) or any "employee" authorized by you to give notice of an "occurrence" or offense.
(2) If you are a partnership, joint venture or
limited liability company, and none of your
partners, joint venture members or managers are Individuals, notice to us of such "occurrence" or offense must be given as
soon as practicable only after the "occurrence" or offense is known by:
(a) Any individual who is:
(I) A partner or member of any partnership or joint venture;
COMMERCIAL GENERAL LIABILITY
(II) A manager of any limited liability
company; or
(Ill) An executive officer or director of
any other organization;
that is your partner, joint venture
member or manager; or
(b) Any "employee" authorized by such
partnership, joint venture, limited liability company or other organization to give notice of an "occurrence" or
offense.
(3) Notice to us of such "occurrence" or of an
offense will be deemed to be given as
soon as practicable if it is given in good
faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us
of the "occurrence" or offense as soon as
practicable after any of the persons described in Paragraphs e. (1) or (2). above discovers that the "occurrence" or offense
may result in sums to which the insurance
provided under this Coverage Part may
apply.
However, if this Coverage Part includes an endorsement that provides limited coverage for "bodily injury" or "property damage" or pollution
costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge, release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement,
this Paragraph e. does not affect that requirement.
K. UNINTENTIONAL OMISSION
The following is added to Paragraph 6., Representations, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS:
The unintentional omission of, or unintentional
error in, any information provided by you which
we relied upon in Issuing this policy will not prejudice your rights under this insurance. However, thls provision does not affect our right to collect
additional premium or to exercise our rights of
cancellation or nonrenewal in accordance with
applicable insurance laws or regulations.
L. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS:
CG D3 1611 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of6 4300519J I El/20 GL/AU/UME:•,c I Stephanie Kuncc I •l/•1/201.9 -1:lS:O PM CPDn J Page 9 of 9 Th1s c:�.ni!lcate cant:�ls :md supersedes ALL prevJously l::1sued certificates.
COMMERCIAL GENERAL LIABILITY
If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our
right of recovery against such person or organization, but only for payments we make because of:
a. "Bodily injury" or "property damage" that occurs: or b. "Personal injury" or "advertising injury"
caused by an offense that is committed;
subsequent to the execution of that contract or
agreement.
M. AMENDED BODILY INJURY DEFINITION
The following replaces the definition of "bodily
injury" in the DEFINITIONS Section:
3. "Bodily Injury" means bodily injury, mental
anguish, mental injury, shock, fright, disability,
humiliation, sickness or disease sustained by
a person, including death resulting from any
of these at any time.
N. CONTRACTUAL LIABILITY - RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract'' in the DEFINITIONS Section:
c. Any easement or license agreement:
2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section Is deleted.
.isoo:u1 I 19/21J GL/A1J/UMB/\'IL' I Stephanie Kum.:e I 4/4/2019 -l:15:43 PM 1PD'f) I Page 9 or 9 T!':.is ce!"tlfic,l.C-'! canc;�ls and sup!.r.sedes ALL p.revicusly issued certificat�s. 55414.00000\40188084.1
B-1
CITY OF STANTON
FIRST AMENDMENT TO
CONTRACT FOR SANITARY SEWER CLEANING SERVICES
1. PARTIES AND DATE.
This First Amendment to the Contract for Sanitary Sewer Cleaning Services (“First Amendment”) is entered into on the ___ day of ______, 2022, by and between the City of Stanton (“City”) and Empire Pipe Cleaning & Equipment, Inc. (“Contractor”). City and Contractor are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Contract. The Parties entered into that certain Contract for Sanitary Sewer Cleaning Services dated June 17, 2019 (“Contract”).
2.2 First Amendment. The Parties now desire to amend the Contract in order to extend the term of the Contract.
3. TERMS.
3.1 Term. Section II of the Contract is hereby amended in its entirety to read as follows:
“The term of this Contract shall be from July 1, 2019 to June 30, 2023. The City shall have the unilateral option, at its sole discretion, to renew this Contract for one (1) additional oneyear term at the same annual Contract price.”
3.2 Declaration of Political Contributions. Prior to the City’s approval of this First Amendment, Contractor shall submit to City a 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 Contractor and all of Contractor’s employees, including any employee(s) that Contractor intends to assign to perform the Services described in this Contract.
3.3 Remaining Provisions of Contract. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Contract shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Contract on this ___ day of __________, 2022.
Attachment: B
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55414.00000\40188084.1
B-2
CITY OF STANTON EMPIRE PIPE CLEANING &
EQUIPMENT, INC.
By:
Hannah Shin-Heydron
City Manager
By:
Mary Jo Van Thyme
President
ATTEST:
By:
Patricia Vazquez
City Clerk
By:
Craig R. Van Thyme
Vice President/Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: July 26, 2022
SUBJECT: APPROVAL OF CONTRACT AMENDMENT #4 EXTENDING AND AMENDING CONTRACT WITH HARTZOG AND CRABILL, INC. TO
PROVIDE ON-CALL TRAFFIC OPERATIONS SERVICES
REPORT IN BRIEF:
Hartzog and Crabill has been providing on-call traffic operations and engineering support services since 2014, including traffic signal operations support services. The third amendment to the professional services agreement expired June 30, 2022. If approved, this fourth amendment will allow Hartzog and Crabill to continue to provide services through June 30, 2024.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h); and
2. Waive the competitive bidding requirements in the City’s purchasing policy; and
3. Authorize the City Manager to execute the Fourth Amendment to the existing Agreement.
BACKGROUND:
Hartzog and Crabill has been providing on-call traffic operations and engineering support services since 2014, including traffic signal operations support services. The third amendment to the professional services agreement expired June 30, 2022. If approved, this amendment will allow Hartzog and Crabill to continue to provide services through June 30, 2024.
ANALYSIS/JUSTIFICATION:
The proposed amendment incorporates an updated scope of work covering both traffic signal system maintenance activities as well as traffic engineering services, including:
Item: 6I
Click here to return to the agenda.
2 Maintenance of Traffic Signal System
• Quarterly field reviews
• Signal timing
Traffic Engineering Services
• Engineering and traffic surveys
• Warrant analyses
• Traffic impact analyses
• Signing and striping plan review
• Grant preparation
The proposed amendment also includes an update to the hourly rates as follows:
Classification 2022 Rate
Expert Witness/Deposition $290
Litigation Consultant $260
Two-Person Survey Crew $260
Litigation Field Evaluation $235
Principal Consultant $180
Project Manager $170
Registered Land Surveyor $165
Senior Engineer $155
Storm Water Permit Compliance
Engineer
$155
Associate Engineer $150
Construction Manager $140
Traffic Signal System Supervisor $140
Mural Artist $140
Senior Designer $135
Traffic Signal Systems Specialist $130
Assistant Engineer $125
Draftsperson $105
Technician $90
Word Processor $75
Clerical $60
*Traffic Counts Cost, plus 15%
Neither the Agreement nor the amendments to the Agreement constitute “public works” contracts pursuant to Public Contract Code Section 20161 for which competitive bidding is required. Further, Stanton Municipal Code Section 2.56.110 allows the City to execute contracts for personal, professional, and consultant services without observing the City’s bidding procedures.
3 FISCAL IMPACT:
Sufficient funds for these services exist in the FY 2022-2023 budget recently adopted by City Council.
ENVIRONMENTAL IMPACT:
This project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing traffic signal systems.
LEGAL REVIEW:
The City Attorney has reviewed the Fourth Amendment to the Agreement.
PUBLIC NOTIFICATION:
Notifications were performed as prescribed by law.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
Provide a quality infrastructure.
Prepared by: Reviewed by:
/s/ Joe Ames /s/ HongDao Nguyen
_________________ _________________
Joe Ames, P.E., T.E. HongDao Nguyen
Director of Public Works/City Engineer City Attorney
Reviewed by: Approved by:
/s/ Michelle Bannigan /s/ Hannah Shin-Heydorn
_________________
Michelle Bannigan, CPA Hannah Shin-Heydorn
Finance Director City Manager
Attachments:
A. Fourth Amendment to the Original Agreement
B. Original Agreement with First through Third Amendments
CITY OF STANTON
FOURTH AMENDMENT TO
AGREEMENT FOR ON-CALL TRAFFIC OPERATIONS SERVICES
1. PARTIES AND DATE.
This Fourth Amendment to the Agreement for On-Call Traffic Operations Services (“Fourth Amendment”) is entered into on the ___ day of ______, 2022, by and between the City of Stanton (“City”) and Hartzog and Crabill, Inc. (“Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for On-Call Traffic Operations Services dated June 24, 2014 (“Agreement”).
2.2 First Amendment. The Parties entered into an extension of the terms of the Agreement, dated August 9, 2016 (“First Amendment”) until June 30, 2018.
2.3 Second Amendment. The Parties entered into an extension of the terms of the Agreement, dated April 10, 2018 (“Second Amendment”) until June 30, 2020.
2.4 Third Amendment. The Parties entered into an extension of the terms of the Agreement, dated February 11, 2020 (“Third Amendment”) until June 30, 2022, and also increased the contract price.
2.5 Fourth Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total compensation, increase the rates of compensation under the Agreement, and clarify the scope of services.
3. TERMS.
3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
“This Agreement shall commence on July 1, 2014 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.”
3.2 Scope of Services. The Agreement is hereby amended to include the scope of services set forth in Exhibit “A,” attached hereto and incorporated herein by reference.
3.3 Compensation. Section 5(a) of the Agreement is hereby amended in its entirety to read as follows:
“The City shall pay Consultant monthly including authorized reimbursements, for all Services rendered under this Fourth Amendment at the rates set forth in Exhibit “B” Attachment A
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attached hereto and incorporated herein by reference, based upon actual time spent on the above tasks. In no event shall the compensation for the Services provided pursuant to this Agreement exceed Ninety Five Thousand Dollars ($95,000) annually without written approval of the City Manager.”
3.4 Declaration of Political Contributions. Prior to the City’s approval of this First Amendment, Consultant shall submit to City a 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.
3.5 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Fourth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to Agreement on this ___ day of __________, 2022.
CITY OF STANTON HARTZOG AND CRABILL, INC.
By:
Hannah Shin-Heydorn
City Manager
By:
Trammell G. Hartzog
President
ATTEST:
By:
Patricia Vazquez
City Clerk
By:
Gerald J. Stock
Executive Vice President/Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
EXHIBIT “A”
TO FOURTH AMENDMENT TO
AGREEMENT FOR ON-CALL TRAFFIC OPERATIONS SERVICES
SCOPE OF SERVICES
Provide on an as-needed basis support in maintaining the City’s traffic signal systems, which includes, but may not be limited to:
• Performing quarterly field reviews of these systems;
• Adjusting signal timing and creating signal timing sheets; and • Coordinating with the City’s traffic signal maintenance contractor to resolve operational problems.
In addition, provide on an as-needed basis traffic engineering services to the City’s engineering division, which includes, but may not be limited to:
• Attending Orange County Transportation Authority meetings on behalf of the City and taking notes;
• Writing traffic engineering reports, including engineering and traffic surveys, warrant analyses, and traffic impact analyses;
• Taking traffic counts;
• Reviewing signing and striping plans for public and private projects; • Providing expert traffic engineering design and planning services; • Preparing applications for public improvement funds and grants; and • As needed, serving as the City Traffic Engineer, including City representation.
EXHIBIT “B”
TO FOURTH AMENDMENT TO
AGREEMENT FOR ON-CALL TRAFFIC OPERATIONS SERVICES
RATES OF COMPENSATION
ORIGINAL
r- r
r r • a
ViMOO I +
PARTIES AND DATE.
This Third Amendment to the Agreement for On-call Traffic Operation Services (" Third Amendment") is entered into on the 11t" day of February 2020, by and between the City of Stanton, a California 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 Hartzog and Crabill, Inc., a California corporation, with its principal place of business at 17852 E. 17th Street, Suite 101 Tustin, CA 92780 (" Consultant"). City and Consultant are sometimes individually referred to herein as " Party" and collectively as "Parties."
2. RECITALS.
2. 1 Agreement. The Parties entered into that certain Agreement for On -Call Traffic Operation Services with Hartzog and Crabill, Inc. on June 24, 2014 ("Agreement").
2.2 First Amendment. The Parties entered into an extension of the terms of the Agreement, dated August 9, 2016 (" First Amendment") until June 30, 2018. 223 Second Amendment. The Parties entered into an extension of the terms of the Agreement, dated April 10, 2018 (" First Amendment") until June 30, 2020. 224 Third Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement. Neither the Agreement nor the amendments to the Agreement constitute " public works" contracts pursuant to Public Contract Code Section 20161 for which competitive bidding is required. Further, Stanton Municipal Code Section 2. 56. 110 allows the City to execute contracts for personal, professional, and consultant services without observing the City's bidding procedures.
3. 1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
This Agreement shall commence on July 1 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement."
3.2 Payment. Section 5(a) of the Agreement is hereby amended in its entirety to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the Stdnf
j
Attachment: B
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ORIGINAL
above tasks. This amount shall not exceed Eighty Thousand Dollars for the remaining tonn of the Agreement uU| eSS additional payment is approved as provided in this on}B81o0t."
3. 3 Remainina Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF STANTON
Jar rand
City anager
Clerk
APPROVED AS TO FORM: - 409YN IA
V
AAkTZOG AND CRABILL, INC.
Tram Hartzog
President
If Corporation, TWO S| GN/ q'URES,
President OR Vice President AND
Serret8ry0r| r
Z :Z),
w_ S
Best Best & Krieger LLP
City Attorney
ORIGINAL
CITY OF STANTON
SECOND AMENDMENT TO AGREEMENT
FOR ON-CALL TRAFFIC OPERATIONS SERVICES
PARTIES AND DATE.
This Second Amendment to the Agreement for On- call Traffic Operation Services Second Amendment") is entered into on the 10th day of April 2018, by and between the City of Stanton, a California 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 Hartzog and Crabill, Inc., a California corporation, with its principal place of business at 17852 E. 17th Street, Suite 101 Tustin, CA 92780 (" Consultant"). City and Consultant are sometimes individually referred to herein as " Party" and collectively as " Parties."
2. RECITALS.
2. 1 Agreement. The Parties entered into that certain Agreement for On -Call Traffic Operation Services with Hartzog and Crabill, Inc. on June 24, 2014 ("Agreement").
2.2 First Amendment. The Parties entered into an extension of the terms of the Agreement, dated August 9, 2016 (" First Amendment") until June 30, 2018. 223 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement. Neither the Agreement nor the amendments to the Agreement constitute " public works" contracts pursuant to Public Contract Code Section 20161 for which competitive bidding is required. Further, Stanton Municipal Code Section 2.56. 110 allows the City to execute contracts for personal, professional, and consultant services without observing the City's bidding procedures.
3. TERMS.
3. 1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
This Agreement shall commence on July 1 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement."
3. 2 Payment. Section 5(a) of the Agreement is hereby amended in its entirety to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Eighty Thousand Dollars for the remaining term of the Agreement unless additional payment is approved as provided in this Agreement."
ORIGINA(-
3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF STANTON HARTZOGAN ABILL, INC.
v
By: By:
James x Tram Hartzog
City nag r President
APPROVED AS TO FORM:
By: <
Bet Wst & I rieger LLP
City Attorney
If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary or T asurer R UIRED]
By:
Id J. Stck, PE, rr
Executive Vice President / Secretary
CITY OF STANTON
FIRST AMENDMENT TO AGREEMENT
FOR ON- CALL TRAFFIC OPERATIONS SERVICES
PARTIES AND DATE.
This First Amendment to the Agreement for On- call Traffic Operation Services (" First Amendment") is entered into on the 9`h day of August, 2016, by and between the City of Stanton, a California 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 Hartzog and Crabill, Inc., a California corporation, with its principal place of business at 17852 E. 17th Street, Suite 101 Tustin, CA 92780 (" Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as " Parties."
2. RECITALS.
2. 1 Agreement. The Parties entered into that certain Agreement for On -Call Traffic Operation Services with Hartzog and Crabill, Inc. on June 24, 2014 ("Agreement").
2.2 First Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement. Neither the Agreement nor the amendments to the Agreement constitute " public works" contracts pursuant to Public Contract Code Section 20161 for which competitive bidding is required. Further, Stanton Municipal Code Section 2. 56. 110 allows the City to execute contracts for personal, professional, and consultant services without observing the City' s bidding procedures.
3. TERMS.
3. 1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
This Agreement shall commence on July 1, 2014 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 2018 unless sooner terminated pursuant to the provisions of this Agreement."
3. 2 Payment. Section 5(a) of the Agreement is hereby amended in its entirety to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Forty Thousand Dollars for the remaining term of the Agreement unless additional payment is approved as provided in this Agreement."
3. 3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF STANTON
By:
James A.
City Mana r
A
B
APPROVED AS TO FORM:
By: :: 6kL A
Best Best & Krieger LLP
City Attorney
HARTZOG AND CR BILL, IN
By: Ie ', -""r
Trammel Hartzog,
President
If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary or reasurer EQUIRED]
By:
Gerald J. ock,
Secretary
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of June 24, 2014, between the City of Stanton, a California Municipal Corporation ( "City ") and Hartzog & Grabill, Inc., ( "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
TERM
This Agreement shall commence on July 1, 2014 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016 unless sooner terminated pursuant to the provisions of this Agreement. This contract will cover a two year period, with $ 20, 000.00 allocated for FY14 -15, and allocated for $ 20,000.00 FYI 5- 16, The total amount of this contract will not exceed $ 40,000.00.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. When available, a more detailed work program shall be attached and incorporated into this agreement as a separate exhibit.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his /her ability, experience, and talent, perform all tasks described herein.
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City's Director of Public Works shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents that enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.
5. PAYMENT
a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Forty Thousand ($ 40,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent ( 10 %) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($ 10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c) Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten ( 10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 2 7. DEFAULT OF CONSULTANT
a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b) If the City Manager or his /her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/ she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten ( 10) days after service of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. However, use of data by City for other than the project that is the subject of this agreement shall be at City's sole risk without legal liability or exposure to Consultant. With respect to computer files, 3 Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
9. INDEMNIFICATION
a) Indemnification for Professional Liabilitv. Where the law establishes a professional standard of care for Consultant' s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees and agents collectively " Indemnified Parties "), from and against any and all claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, including but not limited to the extent same are caused or contributed to in whole or in part which relate to or arise out of any negligent, intentional or willful act, omission, occurrence, condition, event, transaction, or thing which was done, occurred, or omitted to be done collectively " Claims "), by Consultant, its officers, agents, employees or subcontractors ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b) Indemnification for Other Than Professional Liabilitv. In addition to indemnification related to the performance of professional services and to the full extent permitted by law, Consultant shall further indemnify, protect, defend and hold harmless the City and Indemnified Parties from and against any liability (including Claims) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements which indemnify, protect, defend and hold harmless the City from liability, with provisions identical to those set forth here in this Section 9 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required, this failure shall be a material breach of this Agreement, and Consultant agrees to be fully responsible according to the terms of this entire Section 9. City has no obligation to ensure compliance with this Section by Consultant and failure 11 to do so will in no way act as a waiver. This obligation to indemnify and defend City is binding on the successors, assigns or heirs of Consultant, and shall survive the termination of this Agreement or this section. d) Obligation to Defend. It shall be the sole responsibility and duty of Consultant to fully pay for and Indemnify the City for the costs of defense, including but not limited to reasonable attorney's fees and costs, for all Claims against the City and the Indemnified Parties, whether covered or uncovered by Consultant' s insurance, against the City and the Indemnified Parties which arise out of any type of omission or error, negligent or wrongful act, of Consultant, its officers, agents, employees, or subcontractors. City shall have the right to select defense counsel.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.
11. INDEPENDENT CONSULTANT
a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant' s exclusive direction and control. Neither City nor any of its officers, 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 not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
5 12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way, affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Stanton in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Stanton will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
15. RELEASE OF INFORMATION /CONFLICTS OF INTEREST
a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or sub consultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives City notice of such court order or subpoena.
b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, 0 complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/ or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or ( iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Stanton
7800 Katella Ave
Stanton, California 90680
Attention: Deputy City Clerk
To Consultant: Hartzog & Crabill, Inc.
17852 E. 171h Street, Suite 101
Tustin, CA 92780
17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Hartzog & Crabill, Inc. shall perform the services described in this Agreement.
IM
20 21
22. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Stanton,
ENTIRE AGREEMENT
This Agreement contains the entire understanding that between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit "A" hereto.
AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
0 CITY OF STANTON
By
Jai
Cit
Approved As To For
Matthew E. Richardson, City Attorney
0 CONSULTANT
MMJFtL dTZiZoG
Typed Name)
Its: 2Fs
ARWILOM
TASKS TO BE PERFORMED
Provide services necessary to provide the City with on -call traffic operation services as described in the Request for Proposal dated May 15, 2014. 10 REQUEST FOR PROPOSAL (RFP)
FOR
On -Call Traffic Operations Services
RFP responses to be received until
10:00 A.M. June 10 2014
In the Office of the Public Works Department
City of Stanton
7800 Katella Avenue,
Stanton, CA 90680 -3162
ATTN: Allan Rigg, Director of
Public Works / City Engineer
Ap roved for Advertising:
Allan Rigg, P. E.
Director of Public Works / City Engineer
Date Issued: May 15. 2014
SECTION I. GENERAL DESCRIPTION AND INTRODUCTION
SECTION II. PROJECT BACKGROUND
SECTION III. SCOPE OF SERVICES
SECTION IV. PROGRESS SUBMITTALS
SECTION V. PROPOSAL SUBMISSION REQUIREMENTS
SECTION VI. SELECTION CRITERIA
SECTION VII. SELECTION PROCESS
SECTION VIII. SUBMISSION DEADLINE
SECTION IX. REQUEST FOR ADDITIONAL INFORMATION
SECTION X. TAXES AND LICENSE
SECTION XI. INSURANCE
SECTION I. GENERAL DESCRIPTION AND INTRODUCTION
The City of Stanton, Public Works / Engineering Department is requesting proposals from qualified engineering firms to provide the City of Stanton with on -call traffic operations services.
Proposals must conform to the requirements of this Request for Proposal ( RFP), and must be submitted in a sealed envelope, to the Department of Public Works no later than 10: 00 a.m., on June 10, 2014. The consultant contract is anticipated to be awarded on June 24, 2014. The City reserves the right to waive any irregularity in any proposal, or to reject any proposal that does not comply with this RFP. The City alone, using criteria determined by the City, will select the qualified firm and /or consultant.
SECTION IL PROJECT BACKGROUND
The City of Stanton ( City) has a population of approximately 39, 000. Its boundary covers over 3. 1 square miles ( 1, 993 acres) of residential, commercial and industrial areas.
SECTION III. SCOPE OF SERVICES
The City of Stanton, Public Works / Engineering Department, is requesting proposals from qualified engineering firms to provide the City of Stanton with on -call traffic operations services. The selected consultant is required to, on an as- needed basis; provide support in maintaining the City's traffic signal systems. This will include, performing quarterly field reviews of these systems, providing any necessary adjustments to the signal timing, coordinating with the City' s traffic signal maintenance contract to resolve operational problems, and providing any other necessary traffic operations and engineering services needed by the City. The City' s traffic signal system constsis of 12 traffic signals, 2 mast arm mounted flashing beacons, and 1 signalized crosswalk beacon.
The length of this contract will be two years with the right of the City to extend it for two additional two -year terms at the sole discretion of the City.
SECTION IV. PROPOSAL SUBMISSION REQUIREMENTS
The Department has established requirements for the proposal format. Proposals shall be submitted in a reusable one- inchthree ring binder. All pages shall be duplex copied.
Four copies of the proposal must be submitted containing the following elements:
1. Cover Letter.
2. Firm Structure and History. Including the firm' s experience managing on -call contracts that are similar in magnitude and scope, key personnel and structure organization chart), credentials, background, and ownership of the firm. Include the firm' s previous experience with providing on -call City Traffic Operations Services.
3. Key personnel: List qualifications of personnel with resumes and a breakdown of responsibilities. The Firm' s project manager, who will be responsible for planning, coordinating, and conducting the majority of the work, must be identified and committed throughout the course of the contract. The City must approve changes to key personnel committed to work on the project subsequent to award of contract.
4. A narrative briefly describing the proposed approach using general descriptions for the activities and how this approach will ensure timely completion.
5. A list of proposed sub - consultants, sub - contractors, suppliers, and manufacturers, including their qualifications pertinent to this service.
6. A client reference list from previous on -call contracts of similar scope and magnitude. List should include key personnel- contacts and their position with the agency.
7. Company fee schedule included with the submittal but in a separate sealed envelope. The proposal shall include:
1. A table indicating total costs for previously completed projects that are of similar scope and magnitude to those described in this Request for Proposal.
2. Billable hourly rates of personnel that will be involved in the contract.
SECTION V. SELECTION CRITERIA
The proposals will be evaluated on the following factors, but may not be limited to just these factors:
Staffing Capabilities / Technical Competence
Extensive knowledge and background with performing on -call traffic operations services for local municipalities. The firm should have direct experience and knowledge of all regulatory agencies.
Past Performance Record
Experience in completion of projects of similar complexity and scale for other agencies within Southern California is desirable. Efficiency and timeliness in completion of program requirements.
Approach to Work
Methodology to be implemented to address and coordinate the various elements within the program.
Cost Control
Demonstrated ability to provide innovative and reliable solutions using available City resources.
SECTION VI. SELECTION PROCESS
Selection of the consultant will be made in accordance with the provision of Chapter 10 of the California Government Code, Sections 4526 and 4529. 5. Stating that selection of professional services is made on the basis of competence and qualifications without regard to fee. The fee will be opened and evaluated after selection of the consultant is complete.
Each RFP will be reviewed to determine if it meets the submittal requirements contained within this RFP. Failure to meet the requirements for the RFP will be cause for rejection of the proposal. The City may reject any proposal if it is conditional, incomplete or contains irregularities. The City may waive an immaterial deviation in a proposal, but this shall in no way modify the proposal document or excuse the consultant from compliance with the contract requirements if the consultant is awarded a contract.
Proposals that meet the criteria of this RFP will be reviewed by a panel. The Department may conduct oral interviews. The selected firms will be notified, in advance, of the time and place for the oral interviews. Consultants will also be advised of additional information, if any, to be submitted at the oral interviews. Failure to appear at the interview will be considered non - responsive and the firm will be eliminated from any further consideration. Upon completion of the oral interviews, the City of Stanton will select the top ranked consultant deemed to be most qualified.
The successful consultant to whom work is awarded shall, within ten ( 10) days after being notified, enter into a contract with the City for the work in accordance with the specifications and shall furnish all required documents necessary to enter into said contract. Failure of the successful bidder to execute the contract within said ten ( 10) days shall be just cause for the City to contract with the next responsible consultant.
SECTION VII, SUBMISSION DEADLINE
Attention: Allan Rigg, P. E.
Director of Public Works / City Engineer
City of Stanton
Department of Public Works
7800 Katella Avenue
Stanton CA 90680 -3162
The proposal must be received at the above office no later than the date listed on the cover.
There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act Government Code Sec. 6250 et seq.), Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded.
The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly, and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected firm.
All property rights, including publication rights of all reports produced by the selected firm in connection with services performed under this agreement shall be vested in the City.
SECTION VIII. REQUEST FOR ADDITIONAL INFORMATION
To receive any written responses to Requests for Information or other addenda issued by the City to be made a part of this Request for Proposal prior to the submittal date please e-mail contact information to:
arigg@ci. stanton, ca. us
Re: On -Call City Traffic Operations Services
SECTION X. TAXES AND LICENSES
All taxes and licenses, including, but not limited to, a Stanton City Business License, required for this project shall be obtained at the sole expense of the consultant.
SECTION XI. INSURANCE
Before the City executes a contract, the selected firm shall furnish the City a certificate evidencing Workmen's Compensation Insurance with limits no less than $ 1, 000,000 per accident and Comprehensive Professional Liability Insurance or General Liability Insurance with limits no less than $ 2,000, 000 per occurrence. The City shall be named as the Additional Insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below.
Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office " Commercial General Liability' policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $ 2,000, 000 per occurrence.
2. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 ( Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $ 1, 000, 000 per accident.
If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
3. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer' s liability limits no less than $ 1, 000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $ 1, 000,000 per claim and in the aggregate. The policy must " pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement.
11 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any Insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so- called " third party action over' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage ( e.g. elimination of contractual liability or reduction of discovery period) that may affect City' s protection without City' s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant' s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any 12 insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will " endeavor' ( as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non - contributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant, Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self- insure or to use any self - insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self- insure its obligations to City. If Consultant' s existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
is]
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 14 22, Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right ( but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
15 1
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: July 26, 2022
SUBJECT: APPROVAL OF CONTRACT AMENDMENT #2 EXTENDING AND AMENDING THE CONTRACT WITH VENCO WESTERN, INC. TO
PROVIDE LANDSCAPE MAINTENANCE SERVICES AND
APPROPRIATION OF FUNDS
REPORT IN BRIEF:
Venco Western, Inc. currently provides Citywide Landscape Maintenance Services and had its contract expire on June 30, 2022. Venco Western has maintained their rates over the last two years, despite increases to prevailing wage. Based on staff negotiations with Venco Western, the proposed amendment includes an updated scope of work and a monthly cost increase of 19%. Venco Western has committed to honoring the rates for a two-year term.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h); and
2. Approve the Second Amendment to the existing agreement with Venco Western, Inc. and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager to execute the Second Amendment to the existing Agreement with Venco Western, Inc.; and
4. Authorize an appropriation of $48,000 from the available balance in the Gas Tax Fund to increase the Fiscal Year 2022-2023 budget in Account 211-3400-608100.
BACKGROUND:
On September 8, 2015, the Council awarded a contract to Venco Western, Inc. after the landscape maintenance services contract was competitively bid. Back in 2015, the results of that bid process were as follows:
Item: 6J
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2 Rank Contractor Bid
1 Venco Western, Inc. $193,944
2 Landscape West Management Services $220,500
3 Mariposa Landscapes, Inc. $275,700
During the original contract period, additional facilities and locations were added to Venco’s contract including the newly built Central Park which resulted in increases to the total annual contract price to $250,848 ($20,904/month). After the initial term, the contract was extended twice through June 30, 2020.
Prior to the expiration of the original contract and extensions, Venco Western requested a two-year extension honoring the current rates. On April 14, 2020, Council approved the First Amendment, which recently expired on June 30, 2022.
ANALYSIS/JUSTIFICATION:
In June, Venco Western approached City staff asking for another two-year extension to the existing contract with a request to increase the monthly service rate to cover increases in nationwide labor and materials costs. To manage contract costs, City staff reduced the scope of work to eliminate janitorial services at Central Park (which will be performed by the City’s new janitorial contractor starting August 1). The proposed service rate is $24,863/month (a 19% increase) with a one-time monthly rate for July of $25,463 to account for transitional janitorial services at Center Park, resulting in a new annual rate of $298,956 for FY 2022-2023 and $298,356 for FY 2023-2024.
According to Venco Western, prevailing wage rates have increased by 33% since 2015.
Coupled with a CPI of 8% this year and significantly increased fuel prices, City staff believes this 19% increase is justifiable. Further, based upon the bids obtained in 2015 for citywide landscape maintenance services, it is unlikely a competitive bidding process will result in a lower rate. The Public Works Manager reports Venco Western is performing satisfactorily and is performing better than past City landscape maintenance contractors. Venco Western has committed to providing services at $24,863/month for the next two years regardless of the prevailing wage rate increases or possible CPIrelated increases.
Venco Western is currently providing service on a month-to-month basis at their proposed monthly rates until the final disposition of their contract is known. 3 FISCAL IMPACT:
The FY 2022-2023 budget includes $327,300 for Citywide landscape maintenance services, including $75,000 for contingencies for extra work. Therefore, to keep the contingencies budget intact, the additional proposed yearly service expenditure will require a budget adjustment. Fortunately, Gas Tax funds can be used to pay for landscape maintenance activities within the public right-of-way. After a careful analysis by City staff of the maintenance areas covered by the Venco Western contract, City staff reports the entire budget shortfall can be covered by Gas Tax funds as shown below. A budget transfer is required as listed in the Action Items above.
Account Current Budgeted
Amount
Requested Amount
101-3400-608100 (General Fund: Parks) $87,100 No Change 225-3530-608100 (Landscape & Lighting Act of
1972: Parks & Medians)
$116,000 No Change
101-3500-608100 (General Fund: Streets / Medians
/ Parkways – Used for Measure M Maintenance of
Effort)
$43,000 No Change
101-3200-608100 (General Fund: Facilities) $21,000 No Change 280-3400-608100 (Stanton Central Park) $60,200 No Change 211-3500-608100 (Gas Tax: Streets / Medians /
Parkways)
$0 $48,000
Total $327,300 $375,300
As presented in the City’s adopted Fiscal Year 2022-2023 budget, the available balance in the City’s Gas Tax Fund is currently approximately $1.2 million.
ENVIRONMENTAL IMPACT:
This project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping.
LEGAL REVIEW:
The City Attorney has reviewed the Second Amendment to the Agreement.
PUBLIC NOTIFICATION:
Notifications and advertisement were performed as prescribed by law.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
Provide a quality infrastructure.
4 Prepared by: Reviewed by:
/s/ Joe Ames /s/ HongDao Nguyen
_________________ _________________
Joe Ames, P.E., T.E. HongDao Nguyen
Director of Public Works/City Engineer City Attorney
Reviewed by: Approved by:
/s/ Michelle Bannigan /s/ Hannah Shin-Heydorn
_________________
Michelle Bannigan, CPA Hannah Shin-Heydorn
Finance Director City Manager
Attachments:
A. Second Amendment to the Original Agreement
B. Original Agreement and First Amendment
C. Letter from Venco Western, Inc.
CITY OF STANTON
SECOND AMENDMENT TO
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Second Amendment to the Agreement for Landscape Maintenance Services (“Second Amendment”) is entered into on the ___ day of ______, 2022, by and between the City of Stanton (“City”) and Venco Western, Inc. (“Consultant”). City and Contractor are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Landscape Maintenance Services dated September 8, 2015 (“Agreement”).
2.2 Term Extensions. The Parties exercised term extensions as authorized by the Agreement on March 27, 2018 and February 12, 2019, extending the term of the Agreement to expire on June 30, 2020.
2.3 First Amendment. The Parties entered into that certain First Amendment to Agreement on or about April 14, 2020 in order to extend the term of the Agreement and to increase the total compensation under the Agreement.
2.4 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the rates of compensation under the Agreement, and increase the total compensation.
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
“The term of this Agreement shall be from October 1, 2015 to June 30, 2024, unless earlier terminated as provided in the Agreement. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional twoyear terms.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Contractor 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 for the Services provided pursuant to this Second Amendment shall not exceed Three Hundred Seventy-Five Thousand Three Hundred Dollars ($375,300) annually without written approval of the Attachment A
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City Manager. 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 Extra Work. Section 3.3.4 of the Agreement is hereby amended in its entirety to read as follows:
“At any time during the term of this Agreement, City may request that Contractor 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 the Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City. Any additional work in excess of the amount set forth in Section 3.3.1 shall be approved by City Council.”
3.4 Rates of Compensation. The rates of compensation in Exhibit “C” of the Agreement are hereby amended as set forth in Attachment “1” to this Second Amendment, attached hereto and incorporated herein.
3.5 Declaration of Political Contributions. Prior to the City’s approval of this Second Amendment, Consultant shall submit to City a 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.
3.6 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement on this ___ day of __________, 2022.
CITY OF STANTON VENCO WESTERN, INC.
By:
Hannah Shin-Heydorn
City Manager
By:
Linda D. Burr
President
ATTEST:
By:
Patricia Vazquez
City Clerk
By:
Peter R. Christl
Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ATTACHMENT “1”
TO SECOND AMENDMENT TO
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
EXHIBIT “C”
RATES OF COMPENSATION
CITY OF STANTON
ORIGINAL
FIRST AMENDMENT TO AGREEMENT
FOR PROFESSIONAL LANDSCAPE MAINTENANCE SERVICES
1. PARTIES AND DATE.
This First Amendment to the Agreement for Professional Landscape Maintenance Services (" First Amendment") is entered into on the 141h day of April 2020, by and between the City of Stanton, a California 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 Venco Western, Inc., a California corporation, with its principal place of business at 2400 Eastman Avenue, Oxnard, California 93030 (" Contractor"). City and Contractor are sometimes individually referred to herein as " Party" and collectively as " Parties."
2. RECITALS.
2. 1 Agreement. The Parties entered Into that certain Agreement for Professional Landscape Maintenance Services with Venco Western, Inc. on September 8, 2015 Agreement').
2.2 Term Extensions. The Parties exercised term extensions as authorized by the Agreement on March 27, 2018 and February 12, 2019, extending the term of the Agreement to expire on June 30, 2020.
2_3 First Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total compensation under the Agreement.
3. TERMS.
3. 1 Term. Section 3. 1. 2 of the Agreement is hereby amended In Its entirety to read as follows:
The term of this Agreement shall be from July 1, 2020 to June 30, 2022, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines."
3.2 Pa ment. Section 3. 3. 1 of the Agreement is hereby amended in its entirety to read as follows:
Contractor 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 TWO HUNDRED FIFTY THOUSAND DOLLARS ($ 280, 000) annually without written approval of City's City Manager. Extra Work may be authorized, as described below, and If authorized, will be compensated at the rates and manner set forth in this Agreement."
55414,0000013285548& 1
Attachment: B
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ORIGINAL
3.3 RemaininaProvisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF STANTON
By:
Jar A nbra
City Manager
APPROVED AS TO FORM.
0 w --
Best Best & Krieger LLP
City Attorney
55414,00000\32855488, 1
VENCO WESTER INC.
By:
U da D. Burr
Venco Western, Inc.
If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary or Treasurer REQUIRED]
By: e ' au' -7" v
INSERT NAME, TITLE]
UNANHAOTJ5 WRUTEN CONSENT or'
ME SHARRHOLDEAS AND DOA. SAF DMCTORS OF
VE 4fC0 " IVJR V, INC•, a California corporab-.0"
Che undersigned, being .all of the directors and Shareholders of VMr%O WESTERIKC, a California co arabin, unanimously adopt, approve, aAd. consent to The followi I-2 resoludon:
RESOLVED, that } o fotoing persons Ze the. current officeand directors of ire rolpora-don,
Linda Dal Nagro Burx — President azxd ChiefExecutive C3fueFr, Diractoi Peter R. Cluis l — seeseaiy and Chiefpin sn cial Ofuoer, Director sOLVEtD 1aURTMER- that Linda Tel Na, a Buu ; in her capaciiy as Present and Chief xecntive officer, is hereby 3Ilthorized to execute any arid, alI cs ntra ts, and a ty related documents, on behalf ofthe cor7oratiOn.
Dated: , b_(
Dated: i"
Daied:
WERS
UNDA DEL NAGRO BURR, Tfustee ofthe
Dal Nagro Family Trust Dated
fi nnar} 26, 2006
DAVID.A, DEL NAGROI Tiaastee ofzhe
Del Nagro FamiJ 7 Trust Bated
Iannaty 26; 2006
PETEP,L CJL. U TTUS'Lco Of the
Ghrlstl Faruily Tiust Dated Febr any 17: 2006
I;TR.E C`i` flTtS•
XJMNDAVDELNA0jR0 BLUM °
PETH k. CHRISTI,
MAW
Vencc> Western, Inc.
April 7, 2020
City of Stanton
7800 Katella Ave
Stanton, Ca 90680
Allan Rigg
Re: Request for a Landscape Maintenance Agreement Extension Dear Allan,
Venoo Western would like to request a two year extension to our contract with No CFI adjustment, We value the relationship with the City of Stanton and would greatly appreciate the opportunity to extend thls contract,
Sincerely,
Mario elNagro
2400 Eastman Avenue, Oxnard, CA 93030 • Phone ( 805) 981. 2400 Fax (805) 981- 2450 CA LIC. NO, C27-562295
wwwwoncowestern,cont °
Venco Western, Inc.
April 7, 2020
City of Stanton
7800 Katella Ave
Stanton, Ca 90680
Allan Rigg
Re: Request for a Landscape Maintenance Agreement Extension Dear Allan,
Venco Western would like to request a two year extension to our contract with No CPI adjustment.
We value the relationship with the City of Stanton and would greatly appreciate the opportunity to extend this contract.
Sincerely,
lMario
elNagro
2400 Eastman Avenue, Oxnard, CA 93030 • Phone ( 805) 981- 2400 Fax (805) 981- 2450 CA LIC. NO. C27- 562295
www.vencoweste rn.co m
David J. Shawver
Mayor
Alexander A. Ethans
Mayor Pro Tem
Rigoberto A. Ramirez
Council Member
Gary Taylor
Council Member
Carol Warren
Council Member
7800 Katella Avenue
Stanton, CA 90680
Phone (714) 379- 9222
Fax ( 714) 890- 1443
www.ci.stanton.ca.us
NA 1 -
Re:
1 -
February 12, 2019
Veneo Western, Inc.
2400 Eastman Avenue
Oxnard, CA 93030
Re: Letter Agreement to extend Agreement between City and Venco Western Inc. for Landscape Maintenance Services
Dear Ms. Burr:
This letter will memorialize and confirm the terms and conditions of an extension of that certain Agreement dated September 8, 2015 ( the " Agreement') by and between the City of Stanton (" City") and Venco Western Inc. (" Contractor"). The City and Contractor are sometimes individually referred to as " Party" and collectively as " Parties".
The City, under the Agreement, retained the services of the Contractor for landscape maintenance services. The City and Contractor desire to extend the Agreement a second time, from July 1, 2019 to June 30, 2020 (" Extension").
Except as amended by this Extension, all other provisions of the Agreement remain in full force and effect. The Parties irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Extension.
AGREED and ACCEPTED:
CITY OF STANTON
Robert W. Hall
Interim City Manager
Approved as to from:
VENCO WESTERN, INC.
F1
Linda D. Burr
Venco Western Inc.
me
yG \ yQo
Matthew E. Richardson Patricia A ez r9S6,
City Attorney _ City Cler
David J. Shawver
Mayor
Alexander A. Ethan
Mayor Pro Tem
Rigoberto A. Ramirez
Council Member
Gary Taylor
Council Member
Carol Warren
Council Member
7800 Katella Avenue
Stanton, CA 90680
Phone (714) 379- 222
Fax( 714) 890_ 1443
www.ci.stanton.ca.us
ORIGINAL
February 12, 2019
Venco Western, Inc.
2400 Eastman Avenue
Oxnard, CA 93030
Re: Letter Agreement to extend Agreement between City and Venco Western Inc. for Landscape Maintenance Services
Dear Ms. Burr:
This letter will memorialize and confirm the terms and conditions of an extension of that certain Agreement dated September 8, 2015 ( the " Agreement') by and between the City of Stanton (" City") and Venco Western hie. (" Contractor"). The City and Contractor are sometimes individually referred to as " Party" and collectively as " Parties".
The City, under the Agreement, retained the services of the Contractor for landscape maintenance services. The City and Contractor desire to extend the Agreement a second time, from July 1, 2019 to June 30, 2020 (" Extension").
Except as amended by this Extension, all other provisions of the Agreement remain in full force and effect. The Parties irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Extension.
AGREED and ACCEPTED:
CITY OF STANTON
Robert W. Hall
Interim City Manager
Approved as to from:
Mattliew E. Richardson
City Attorney
VENCO WESTERN, INC.
1, - OD.
Linda D. Burr
Venco Western Inc.
8---- r- L
David J. Shawver
Mayor
Rigoberto A. Ramirez
Mayor Pro Tem
Alexander A. Ethans
Council Member
Brian Donahue
Council Member
Carol Warren
Council Member
James A. Box
City Manager
7800 I{ atelia Avenue
Stanton, CA 90680
Phone( 714) 379- 9222
Fax (714) 890- 1443
www.ci.stanton.ca.us
ORIGINAL..
March 20, 2018
Mr. Rob Archer
Venco Western, Inc.
2400 Eastman Avenue
Oxnard, CA 93030
Re: Letter Agreement to extend Agreement Between City and Venco Western Inc. for Landscape Maintenance Services
Dear Mr. Archer:
This letter will memorialize and confirm the terms and conditions of an extension of that certain Agreement dated September 8, 2015 (the " Agreement") by and between the City of Stanton (" City") and Venco Western Inc. (" Contractor"). The City and Contractor are sometimes individually referred to as " Party" and collectively as " Parties".
The City, under the Agreement, retained the services of the Contractor for landscape maintenance services. The City and Contractor extended the original term of the Agreement, as authorized pursuant to the terms of the Agreement, from September 8, 2015 to June 30, 2018. The City and Contractor desire to extend the Agreement a first time, from July 1, 2018 to June 30, 2019 (" Extension").
Except as amended by this Extension, all other provisions of the Agreement remain in full force and effect. The Parties irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Extension.
AGREED and ACCEPTED:
CITY OF STANTON VENCO WESTERN, INC.
By: By:
David J. ver Rob Archer
Mayor / 61T% Business Development
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Attest: Approved as to form:
O
atricia .
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Matthew E. Richardson
City r q City Attorney
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CITY OF STANTON
CONTRACT FOR STORAGE AT CITY YARD
This Contract is made and entered into on the 17t' Day of September, 2015 by and between the City of Stanton, a California General Law Municipal Corporation (" City") and Venco Western, Inc. (" Contractor"). City and Contractor, based upon their mutual promises contained herein, do hereby agree as follows:
II. SCOPE OF AGREEMENT
The City will allow the Contractor to store vehicles, trailers, and equipment at the City Yard at 8100 Pacific Avenue Stanton. The initial storage will consist of two trucks, a storage cubicle, and one trailer. The number and type of stored materials/items can be modified in writing by the Director ofPublic Works in his sole discretion. Contractor' s right to store vehicles, trailers, and equipment, is granted by City to enhance communication between Contractor and City staff, to reduce Contractor' s travel time, thereby ensuring a lower contract cost, and to provide for quicker service to the City.
III. TERM
This storage shall be allowed beginning October 1, 2015 and shall continue until the end of the Contractor' s Landscape Maintenance Contract with the City. Upon the sole determination of the City the storage needs to end prior to such time, the Contractor shall remove all stored materials/items within 48 hours after being notified by the City.
IV. INDEMNITY
Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs, or any other cost arising out of or in any way related to the performance of this agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City.
Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth here.
To the full extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitration proceedings,. administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged or threaten, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually or impliedly, in whole or in part to the performance of this agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City.
Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City' s fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City.
Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City.
Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.
The obligations of Contractor under this or any other provision of this agreement will not be limited by the provisions of any workers compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subtier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section.
VI. MISCELLANEOUS
The City will provide the Contractor with three key cards which are used to access the yard. All three keys must be returned upon termination of this Contract.
Contractor agrees to remove any dirt, debris, trash, and other materials caused by their storage at their sole expense. Contractor agrees to repair/replace any buildings, gates, or other propertyc, aused by their storage at their sole expense.
Contractor agrees that it is aware that any thefts of materials stored in the yard are solely at the risk of the Contractor and the City cannot guarantee the security of the yard.
This Contract contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void.
IN WITNESS WHEREOF, each of the parties hereto has caused the Contract to be executed in its name on its behalf by a duly authorized officer as of this day and year first above written.
CITY OF STANTON: [ CONTRACTOR]:
0 APPROVED AS TO FORM:
By:
By:
Print Name: U J ff
Corporate Officer)
Title:
Print Name:
By: C.®
CITYATTORNEY
UN,ANEgOUS WRITTEN CONSENT OF
TSE SHARE3OLDER9 AND BOARD OF DIRECTORS OF
VENCO WESTERN, INC., a California corporation
The undersigned, being all of the directors and shareholders of VENCO WESTERN.
INC, a California corporation, unanimously adopt, approve, and consent to the follovring resolution:
RESOLVED, that the follov--1ing persons are the current officers and directors of the corpo-rafion:
Linda Del Nabo Burr — President and ChiefExecutive Officer, Director Peter R. Christ] — 5ecrctary and ChlefFinancial Officer, Director ESOLVED FURTHER. that Linda Del Nagro Burr, in her capacity as Present and Chief Executive Officer, is hereby authorized to execute any and all contracts, and any related documents, an behalf of the corporation.
DIRECTORS°
Dater ( --
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INDAj
DEL NAGRO BURR
Dated: J' 1102 -- Cl z ` J
PETER R. CHRISTL
SHARER '` D is: ;
Dated: C= • -
LINDA DEL NAGRO BURR, Trustee ofthe
Dal Nagro Family Trust Dated
fannary 26, 2006
Dated: o- k-^ 144 Et / i. --
DAVID. A. DEL NAGRO, Frkstee ofthe
Del Nagro Family Trust Dated
Ianuary 26, 2006
i! f / id rL o
Dated:
PETER R. CIUISTL_ Trustee of the
Christi Family Trust Dated February 17. 2006
DIRECTORS°
Dater ( --
h'
s
INDAj
DEL NAGRO BURR
Dated: J' 1102 -- Cl z ` J
PETER R. CHRISTL
CITY OF STANTON
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
PARTIES AND DATE.
This Agreement is made and entered into this 8th day of September, 2015, by and between the City of Stanton, a municipal corporation, organized under the laws of the State of California, located at 7800 Katella Avenue, Stanton, CA 90680 (" City") and Venco Western, Inc.
A California Corporation with its principal place of business at 2400 Eastman Avenue, Oxnard, California 93030 (" Contractor'). City and Contractor are sometimes individually referred to herein as " Party" and collectively as "Parties."
2. RECITALS.
2. 1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain landscape maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for Citywide Landscape Maintenance Services dated August 3, 2015 which are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing landscape maintenance 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.
2. 2 Project.
City desires to engage Contractor to render such services for the Citywide Landscape Maintenance project ("Project") as set forth in this Agreement.
3. TERMS.
3. 1 Scope of Services and Term.
3. 1. 1 General Scope of Services. Contractor 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 landscape maintenance 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 October 1, 2015 to June 20, 2018, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional two- year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3. 2 Responsibilities of Contractor.
3.2. 1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor 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. 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, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor 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.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor 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 Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Allan Rigg, Public Works Director, or his/ her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (" City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor' s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City' s Representative or his/her designee.
3. 2. 5 Contractor' s Representative. Contractor hereby designates Rob Archer, Business Development Director, or his or her designee, to act as its representative for the performance of this Agreement (" Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor' 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. 2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City' s staff, Contractors and other staff at all reasonable times.
2 3.2.7 Standard of Care: Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/ or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services 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 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, Contractor 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 Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3. 2. 8 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 Project or the Services, 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 Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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. 9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the 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: ( A) adequate life protection and lifesaving equipment and procedures; ( B) instructions in accident prevention for all employees and subcontractors, 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. 2. 10 . Labor
3. 2. 10. 1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et sec., as well as California Code of Regulations, Title 8, Section 16000, et sec., (" 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 " maintenance" project, as defined by the Prevailing Wage Laws, and since 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 3 effect at the commencement of this Agreement. 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 the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected 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.
3. 2. 10.2 Registration If the Services are being performed as part of an applicable " public works" or " maintenance" project, then pursuant to Labor Code sections 1725. 5 and 1771. 1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations (" DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.2. 11 Insurance. Contractor agrees to procure and maintain, at Contractor' s expense all insurance specified in Exhibit " D" attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2. 12 Bonds.
3. 2. 12. 1 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 Agreement a Performance Bond in the amount of the total, not -to - exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2. 12.2 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 Agreement a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3. 2. 12. 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 affected bond within 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 Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement ( including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 4 3. 2. 12. 4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995. 120, shall be accepted. The surety must be a California -admitted surety and satisfactory to the City. 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. 2. 13 Water Quality Management and Compliance.
3.2. 13. 1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3. 2. 13. 2 Compliance with Water Quality Laws Ordinances and Regulations. 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 Services including, without limitation, all applicable provisions of the City' s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act ( 33 U. S. C. § 1251 et seq.); the California Porter -Cologne Water Quality Control Act ( Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3. 2. 13. 3 Compliance with DAMP and WQMP In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2. 13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan DAMP"), and the applicable Water Quality Management Plan (" WQMP"). Both documents contain Model Maintenance Procedures with Best Management Practices (" BMPs"). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
https://media.00gov. com/gov/r)w/watersheds/documents/damp//default. asp More information on the applicable WQMP is available on the internet at:
https://cros.oggov.com/qov/pwtwatersheds/documentsMgmp/default.asp
3. 2. 13.4 Standard of Care. 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 Sections 3.2. 13.2 and 3.2. 13. 3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2. 13.2 and 3. 2. 13. 3 of this Agreement as they may relate to the Services.
3. 2. 13. 5 Liability for Non- compliance.
A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3. 2. 13. 2 and 3. 2. 13. 3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3. 2. 13. 2 and 3. 2. 13. 3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. 6) Defense: City reserves the right to defend any
enforcement action or civil action brought against the City for Contractor' s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor's failure to comply with the laws, regulations and policies described in Sections 3. 2. 13. 2 and 3. 2. 13. 3 of this Agreement, or any other relevant water quality law, regulation, or policy.
3. 3 Fees and Payments.
3. 3. 1 Compensation. Contractor 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 one hundred ninety three thousand nine hundred forty four DOLLARS 193,944) annually without written approval of City's City Manager. 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. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.
The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non - disputed and approved charges thereon. if the City disputes any of Contractor' s fees, the City shall give written notice to Contractor within thirty ( 30) days of receipt of an invoice of any disputed fees set forth therein.
3. 3. 3 Reimbursement for Expenses. Contractor 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 Contractor 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.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City. For agreements in excess of $ 30, 000.00, the City Manager may, on an annual basis, approve additional work, provided the total Agreement compensation, including the cost of additional work, does not exceed 10% of the original Agreement compensation as set forth in Section 3. 3. 1, for a total increase of $19, 394. Any additional work in excess of this amount shall be approved by the City Council.
3. 3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3. 1. 2, the rate set forth in Exhibit " C" may be adjusted each year at the time of renewal as set forth in Exhibit " C."
3.4 Accounting Records.
3. 4. 1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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 Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven ( 7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor 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:
Contractor: Venco Western, Inc.
2400 Eastman Avenue
Oxnard, CA 93030
ATTN: Rob Archer, Business Vevelopment
City: City of Stanton
7800 Katella Avenue
Stanton, CA 90680
ATTN: Allan Rigg, Public Works Director
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 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. 5.4 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. 5.5 State License Board Notice. 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. 5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/ or 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 not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
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. 5. 10 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3. 5. 11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3. 5. 12 Assignment or Transfer. Contractor 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. 5. 13 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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. 5. 14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3. 5. 15 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.
3.5. 16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3. 5. 17 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. 5. 18 Prohibited Interests. 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 Agreement. 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 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. 5. 19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor 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. 5.20 Labor Certification. By its signature hereunder, Contractor 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 selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3. 5.21 Authority to Enter Agreement. Contractor 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. 5. 22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3. 6 Subcontracting.
3. 6. 1 Prior Approval Required.
the work required by this Agreement, except
approval of City. Subcontracts, if any, shall
provisions stipulated in this Agreement.
CITY OF STANTON
0 Contractor shall not subcontract any portion of
as expressly stated herein, without prior written
contain a provision making them subject to all
0 VENC ESTERN, INC.
By:
ATTEST:
By: lAi lJG . c t! zpresideINSERT NAME AND TITLE
B:
Cit Clerk
APPROVED AS FO M:
By:
Besf Best & Krieger LLP
City Attorney
11 EXHIBIT " A"
SCOPE OF MAINTENANCE SERVICES
EXHIBIT " B"
SCHEDULE OF MAINTENANCE SERVICES
See EXHIBIT " A"
EXHIBIT " C"
COMPENSATION
See attached
Contractor shall provide a Performance Bond and Payment Bond pursuant to Sections 3. 2. 12. 1 and 3.2. 12. 2 of this Agreement, executed by a surety meeting the qualifications described in Section 3. 2. 12.4.
55414M000\ 1 7460433. 1
EXHIBIT " D"
INSURANCE REQUIREMENTS
1. 1 Insurance. [ CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE]
1. 1. 1 Time for Compliance. Contractor 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, 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.
1. 1. 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 Contractor, 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, Contractor 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, or the exact equivalent, with limits of not less than $ 1, 000,000 per occurrence and not less than $ 2, 000, 000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions ( 1) limiting coverage for contractual liability; ( 2) excluding coverage for claims or suits by one insured against another (cross -liability); or ( 3) containing any other exclusion( s) contrary to the terms or purposes of this 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), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $ 1, 000,000 combined limit for each occurrence.
C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $ 1, 000,000 per accident for bodily injury and disease.
1. 1. 3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A) Commercial General Liability [ INSERT " and Contractor's Pollution Liability"; OTHERWISE, ALWAYS DELETE]:
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. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 ( or endorsements providing the exact same coverage) to effectuate this requirement.
55414.00000\ 17460433. 1
Additional Insured Endorsements shall not ( 1) be restricted to " ongoing operations"; ( 2) exclude contractual liability"; ( 3) restrict coverage to " sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this 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) Automobile Liability:
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) Workers' Compensation:
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. 2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1. 1. 4 Primary and Non -Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1. 1. 5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
1. 1. 6 Deductibles and Self -Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers 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.
1. 1. 7 Evidence of Insurance. The Contractor, 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 on forms approved by the City, together with all endorsements affecting each policy. 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. 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 55414. 00000117460433. 1
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 and not replaced immediately so as to avoid a lapse in the required coverage, 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.
1. 1. 8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
1. 1. 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 transact business of insurance 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.
1. 1. 10 Enforcement of Contract Provisions ( non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1. 1. 11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1. 1. 12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor' s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor' s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55414. 00000\ 17460433. 1
CITY OF STANTON
CONTRACT FOR STORAGE AT CITY YARD
I.
This Contract is made and entered into on the 17th Day of September, 2015 by and between the City of Stanton, a California General Law Municipal Corporation ( "City ") and Venco Western, Inc. ( "Contractor "). City and Contractor, based upon their mutual promises contained herein, do hereby agree as follows:
II. SCOPE OF AGREEMENT
The City will allow the Contractor to store vehicles, trailers, and equipment at the City Yard at 8100 Pacific Avenue Stanton. The initial storage will consist oftwo trucks, a storage cubicle, and one trailer. The number and type of stored materials /items can be modified in writing by the Director ofPublic Works in his sole discretion. Contractor' s right to store vehicles, trailers, and equipment, is granted by City to enhance communication between Contractor and City staff, to reduce Contractor' s travel time, thereby ensuring a lower contract cost, and to provide for quicker service to the City.
III. TERM
This storage shall be allowed beginning October 1, 2015 and shall continue until the end of the Contractor' s Landscape Maintenance Contract with the City. Upon the sole determination of the City the storage needs to end prior to such time, the Contractor shall remove all stored materials /items within 48 hours after being notified by the City.
IV. INDEMNITY
Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs, or any other cost arising out of or in any way related to the performance of this agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City.
Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth here.
To the full extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitration proceedings,. administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged or threaten, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually or impliedly, in whole or in part to the performance of this agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City.
Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all- inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City.
Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City.
Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.
The obligations of Contractor under this or any other provision of this agreement will not be limited by the provisions of any workers compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subtier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section.
VI. MISCELLANEOUS
The City will provide the Contractor with three key cards which are used to access the yard. All three keys must be returned upon termination of this Contract.
Contractor agrees to remove any dirt, debris, trash, and other materials caused by their storage at their sole expense. Contractor agrees to repair /replace any buildings, gates, or other property, caused by their storage at their sole expense. wozF ul Contractor agrees that it is aware that any thefts of materials stored in the yard are solely at the risk of the Contractor and the City cannot guarantee the security of the yard.
This Contract contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void.
IN WITNESS WHEREOF, each ofthe parties hereto has caused the Contract to be executed in its name on its behalf by a duly authorized officer as of this day and year first above written.
CITY OF STANTON: [ CONTRACTOR]:
LM
APPROVED AS TO FORM:
By: A `
By:
Title:
Print Name: ( f
PJ E!l1_ N
Corporate Officer)
Title:
Print Name:
By: f, ) Q
CIT ATTO Y
UN-A- TII%IOUS' 4TVMTEN CONSENT OF
TBE SHAREEIOLDERS AND BOARD OF DIRECTORS OF
VENCO WESTERN, INC., a California corporation
The undersigned, being all of the directors and shareholders of VENCO WESTERN.
INC., a Californa corporatian, unanimously adopt, approve, and consent to the following resolution:
RESOLVED, that the following persons are the current officers and directors of the eorpo'rarion:
Linda Del Negro Burr - President and ChiefExecutive Officer, Director Peter R. Christ] - Seeretary and Chief Financial Officer, Director RESOLVED FURTIM.R, that Linda Del Nagro Burr, in her capacity as Present and Chief Executive officer, is hereby authorized to execute any and all contracts, and any related documents, on behalf of the corporation.
Dated: Tbeo'
LINDA DEL NAGRO BURR, Trustee ofthe
Del Nagro Family Trust Dated
Tannary 26, 2006
Dated: ! G2 ( Q4 / fDAVID.fa. DEL NAGRO, Trustee ofthe Del Nagro Family Trust Dated
lanuary 25. 2006
d
Bated: f
PETESTL. Trustee of the
Christi Fau ly Trust Dated February 17.. 2006
DIRECTORS
Dated- cl : !' vaINDA DEL NAGRO BURR
Dated:!
J ! /
L ' i
PETER R. C$ RISTL
CONTRACTOR TO PRINT COMPANY
NAMLa:
VAco We-Pzrl C:- o c
IDOCUML. i Nt$: TO SUBMIT WITH B[bs
DID PROPOSAL u
INro s'YIATION REOUIRED DI; Gt
BIDDER o
u bLSIGNal'Im OF SUTtF'riEs i
a
FOR:
CONTRACT DOCUMENTS.
CITYWIDE LANDSCAPE MAINTENANCE
CITY OF STANTON- 7800 kKVEILA AVENUL- STANTON, CA 9OUN3162 ntannor
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NOTICE INVITING SEALED BIDS .............. ......... ........................... 3 INSTRUC'FIONS TO BIDDERS..........................................................._A DOCUMENTS TO SUBMIT........ ................. ..,............ .......,.....,...,...,,. 1, 8 BID PROPOSAL.... ..,........ .... ....... I.- ... _.... ...... ......... .,.....,.... 9 BIDSI-IEET,.................................................................................................. 10 INFORMATION REQUIRED OF BIDDER,.. ........................... I5 REFERENCES..., ... ......... ............ .... ............................. ............. 18 DESIGNATION OF SURETIES..................................................................22 ACKNNOWLEDGEMEN'r OF ADDENDA.............................................23 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .. ....... ............. 24 NON -COLLUSION AFFIDAVIT TO BE EXECUTED ........................... 26 DIST OF SUBCONTRACTORS- ..... ....................... ......... ............. 27 BID BOND TO ACCOMPANY PROPOSAL ............. ..........,.. 28 PRE-BID SITE INSPECTION CERTIFICATION ...... ......... ............. 30 NOTJCF INVITING $VALEb filto
BIDS. OW
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The City shall seleet a contractor that of this dontrua for hVc, a serves the city' s bats interests, talking 24 month terms. 3 is Lrhe Contractor shall not he
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or informalities In any,bid
or in the bidding, and to -make awards
in al], or part ht the host Interests of tile
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VkqT11DRANN'AT, OV BID- No
bidder may Withdraw his bid for a
period of 6O days o4cr the (late set for
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INSTRUCTIONS TO BIDDERS
FORM OF BID PROPOSAL. Bid proposals
shall be made oil the bid proposal fornis found
herein. The bid proposal shall be enclosed in a
sealed envelope Bearing the manic of the bidder
and the name of the project as described in the
Notice Inviting Sealed Bids,
DFI.IVII;RY OF IIID PROPOSALS; The Bid
proposal shall he delivered by the time and to the
place stipulated in the Notice Inviting Sealed
Bids. It is the Bidder's sole responsibility to sea
that his bid proposal Is received in proper time,
Any aid proposal received niter the sohcduled
Closing time for receipt. of bid proposals may be
n%turned to the bidder unopanod unless an
cxtonsion has been granted by the City. Bidders
or their authorized agents are invited to be
present
MODIFICATIONS AND ALTERNATIVE
PROPOSALS: Unauthorized conditions,
limitations or provisos attached In n bid proposal
will render it informal and may he cause for
ruleclion. " rho complete proposal ferias shall be
without intor-lineations, alterations or erasures,
unless each such correction is suitably
authenticated by affixing in the margin
immudiately opposite the ecrrecdon the surname
Cr surnames of the person or persons signing (tie
but No oral, teiegiaphic or telephonic proposals,
or rnodiffcattons will be considered.
WrMDR.AWAL OF BI PROPOSAL;: A bid
proposal may, be withdrawn upon request by the
bidder without prujudoo to himself prior to the
data and time fixed for opening ofbids, provided
that the request is ui writing, has been executed
by the bidder or his duly authorized
representative, and is filed with the Director
Public Works. No bid proposal may be
withdrawn for a period of 60 calender days alter
the date set for the opening of bid proposals.
BIDDER'S SECURITY: In accordance with
Public Contract Code section § 20I70 et ioct.,
each bill proposal shall be ace inapanied by earth;
a certified or ca bier's check payable to the City
or a satisfactory biddcr!s bond in favor of ilia
City eexooulod by the bidder us principal and a
satisfactory admitted surety insurer as surety, in
an amount not less than 10% of the arnount
named in the bid. The cash, check or bidder's
bond shall be given as, a guarantee that the bidder
shall exccuto the contract for the pmjoct if it is
awarded to bidder in conformity with the Plans,
the Spooifications, and outer Contract
Document-,, and shall provide the evidence of
insurance and furnish the requirod bonds as
specified in the Plans, the Specifications and
other Contract Documents, within IS eakodar
day after written notice cif the award• Iia case of
the successful bidder's refusal or *failure to do so,
the cash, check or bond, as the case may be, shall
be forfeited to the City pursuant to Public
Contract Code section 0 20172.
QUANT [TI" APPROXINIATF: Quantities
shown on the }lid Sheet, are un estimate included
in the Special Provisions, or elsewhere herein
shall be considered as approximate only, being
listedfor the purpose of semi ig as a gar rat
Indication of the amount of work or materials to
be perfanned or furnished, and as a baiiis for the
comparison of bids. '[' he City does not ,guarantee
nor agree, either expressly or by implication, that
the actual smounta required will correspond with
hose shown, but reserves the right to increase or
decrease the amount of any hent or portion of
work, or material to be perforated or ftinuslted or
to omit any such ileal or portion, in accordance
with the Plans, the Specifications and other
Contract t Documents, without in any way
invalidating the Contract, should such increase;
decrease Cr omission be deotned necessary or
expedient.
ADDENDA: 3lie: Director of Public Works
may, from time to time, issue addenda to the
Flans, the Specifseatious tuidlor other CoritincL
Documents duAng the period of advertising ror
bids.
Panties having obtained front the City the bid
documents for the projeot shell be notified ofuncl
furnished with copies of suoh uddeadn, either by
certified mail, fax transutittal, or personal
delivery, during the period of advertising at no
additional cost,
Alter the, Pre-bid meeting the City will issue ant
addendum to answer all questions. No questions
involving clarification of information within the
bid package will be answered at the pre- bid
maeihig, ! Questions will be received at the
Public Works Department until 72 hours before
the bid opening, Addenda will not be issued
within 72 hours of the bid opening.
DISCREPANCIES IN PROPOSALS: The
bidder shall set forth for each neon of work, in
clearly legible figures, a unit or line itom'bid for
the item in the respective space provicied for this
ptu-pose,
In case of a discrepancy between the unit pric4
and the total set forth for the item, the unit price
shall prevail, provided, however, that if the
amount set forth as a unit price is ambiguous,
unintelligible or uncertain for any cause, nr is
emitted, or if the unit price: is the same amount
as the entry in the " Total" column, then the
amount set forth bra the " Total" column for the
item shall prevail in accordance With the
fallowing:
1) As to lump amn items, the amount set
forth in the " Total" cohcmn shall be the unit
price.
2) As to unit price items, the amount set
forth in the " Total" eolunut shall be divided by
the estiniatod quantity for the item and the price
drug obtatinadshall be the unit Mice.
Cit case of discrepancy botwoort words and
figures, the words shall prevail.
COMPETENCY OF BIDDERS: in selecting
the best value responsible bidder, consideration
will be given to qualifications, eiipariancc, costs,
and ability to perform to tine eontraot
requirenaalls. To this end each proposal shall be
supported by a statement of the bidder' s
experience on the form entitled " information
Required of Bidder" found hencin. No
agiicnient for the yolk will be motored with a.
carnhactor who Is not licensed in aoworlance with
the laws of the State of California under
applicable provisions of the Business and
Professions Code, and with any applicable
specific licensing requimnaeatw required by this
project as specified in theContract Documents,
The licensing requirements for contactors shall
alsu apply to subcontractors.
BiDDE, R'S EXAMINATION OF SITE AND
CONTR.A.CTDOCUMENTS:-Attention is
dimetedto Section 2-1 'Examination ofPlans,
Specifications, Contract, and Site" ofthe General
Provisions oftlousu C:otrtract Documents.
DISQUALIFICATION OF BIDDERS: No
person„ firm, or corporation shall be allowed to
make, file or be interested in more than one bid
for the same work, unless alternate bids are
spccifloally called for. A pennon, Cum or
corporation that has submitted a sub proposal to
a bidder, or that has quoted priucs of tnateria'Is to
R bidder„ is not hereby disqualified front
submitting a sub -proposal or quoting prices to
other bidders or making a prime proposal. If
there is a reason to believe that collusion exists
among the bidders, al l bids will be rejected.
RETURN OF BID SECURITY: ' Pile
successful bidder' s security shall be held until the
Contract is executed, Bidders' security shall be
retnnted to tnlstecessful bidders within a
remonoble time but not in excess of 60 calendar
days after the successful bidder has signed the
Contract.
AWARD OF CONTRACT! The City reserves
the tight to reject any or all bid proposals or any
parts thereof or to waive any irregularities or
informalities in any bid proposal or in the
bidding. The award of the Corrtract; if trade,
wit] be to the contractor that serves the City' s
best interests, taking into consideration
qualifications, experience, and costs. Such
award will be within nitiety calendar days after
the opening of the hid proposals, except that the
award may be made atter said period if the
successfut bidder has not given the City writtou
notice of the withdrawal of his/ her bid.
LISTING SUBCONTRACTORS: Each bidder
shall submit a list oftlic proposed subcontractors
Oil this project, as required by the Subletting and
Subcontracting F71ir 13racdces Act, ( Public
Cocitihct Code section § 4100 of seg.) A form
fur this purpose is found herein.
L?CL:CUTION OF AGREEMENT: Tho bidder
to whom award of the work is made shall
cxecuto a written contact with the City in the
form included in these contract documents and
shall secure all insurance and bonds as herein
provided within fourteen calendar flays from the
date of mailing of written notice of the award.
Failwo or refusal to enter into the agrucincnt or
to conferin to any of the stipulated requirements
shall be just cause for the annulment of the
award and forfeiture of the biddcr s sccurhy. lit
the event the bidder to whom an award is evade
fails or refuses to execute the Agroemont within
said time, the City may declare the bidder'a
security rorfeited, and it may award the wort to
the next best value responsible bidder, or may
call for now bids.
INSURANCE AND BONDS: The Contractor
shallnot begin work under the Agreement until it
has given the City evidence of comprehensive
public liability insurance and Workers'
Compensation Insuraneo coverage together Willi
additionallasuted Endorsements. The successful
Contractor shall also furnish two ( 2) bonds
required by tau State Contract Aot. Each of the
said bends Altall be executed in a sunt equal to
the contract price. One of the said bonds shall
gnararnce the faithful performance of tlhe said
contract by the Contractor, and the other said
bond Oiall secure the payment of claims for labor
and material,
INTE:RPRBTATION OF PLANS AND
DOCUMENTS. If any person contemplating
submitting a bid for the propmetl Contract is in
doubt as to the true meaning of any part of She
drawings, Plans, Specifications or Other Contract
Documents, or finds disraeptumies in or
emissions firm such documents, he may submit
to tlae Director ofPublic Works a written request
for an interpretation or correction. The per in
submitting the request will be msponsa'blo for its
prompt delivery. The Contractor shalt deliver all
mqucHla a minimum of one week before the bid
opening. No requests Will be accepted or
considered allot that time. Any interpretation or
correction of the Contract Documents will be
made only by an Addendum duly 'issued, and a
copy of such Addendum will be mailed or
delivered to each person receiving a set of the
bid documents. No oral interprctauatn of any
provision in the Contract Dooumonts ahall be
binding.
Urr,,R REQUEST FOR INF4RNIAT•IOM
Phone calk will not be accepted by ilia City
concerning the project 72 hours prior to the
bid opening.
SALES ANVOR USE. TAXES: Except as
nifty be otherwise specifically provided herein,
all Rales andfor nae taxes asecased by Oderal,
state nr local authorities on materials used or
furnished by the Contractor in performing rhe
work ]hereunder shall be paid by the Contractor.
CONTRA,CT DOCUMENTS: The Contract
Mauritania renals[ of lho Noting tnvhting Sealed
Bids, the la-.4ractlow to Bidder's, the successful
contractor's bid proposal and bid sheet,
Contractor's Industrial Safety Record, Non -
Collusion Affidavit, List of Subcontractors,
Bidder's Bond to Accompany proposal,
Informiation Required of Bidder, Did Scouiity
Forms, any and all addenda to the contract
documents distributed prior to the bid opening
data, Insurance Requirements for the City,
Performance Bond, Payment (laborand material)
Bond, Worker' s Compensation Certification and
Certificate of Insurance, Public Works Coritraot,
Warranty 'Bond ( as applicable), Plans, details,
standard drawings, applicable permits; n<uiices
and affidavits, the Specifications ( including the
Standard Specifications and the Gencral and
Special Provisions), Equal Employnient
Opportunity Certificatlon, Debarment and
Suspension Certilleation, Nan -Lobbying
Certification, Disclosure of lobbying Activities,
Local Agency Biddor-[ JBL Information, Federal
Contract Provisions; Federal Wage Rates and
any and all applimblo addenda or supplemental
agtroements,
PLANS AND STANDARD DRAWlN<`-S: The
location of the work, tic general nature and
extent of the work and the forms and details of
the various features of the work are shown on the
Plans: When referericed in the Contrast
Documents, Plans shall include the constmotion
plans and standard drawing's,
FAIR EMPLOYMENT PRACT10ESs The
Contractor shall complete and enolcwe with his
bid the compliance report attached to the
proposal, stating that the Contractor will pursue
an affirmative course of action as required by the
alfinnative;actian guidelines.
As set forth in Labor Code section { 1735, no
discrimination shall be made in the etaploylnent
ofpersons upon public works projects because of
the race, religious creed, color, national origin,
anostry, physical disability, mental disability,
medical condition, marital status, or sex of such
persons, except as provided in Goverrurmai Code
section § 12940. Every contractor for public
works violating this provision is subject to all of
ilia penalties imposed for a violation of Labor
Code Div. 2, Part 7, Chapter L
DISAI)VANTAGE1) BUSINESS
MTERFRISES, {If]f3'E* Where a project is
handed in whole or in part with fedora].
Deparmient of Transportation funds, City and
Contractor slhali comply with all applicable
provisions of Title 49, Part 23, Code of Federal
Regulations (" participation by Minority Bosbwas
Euterprise in Departmont of ' transportation
Programs") and Chapter 2.5 ( cornruMing with
Section 2050) of Par€ I of Division 2 of
C:aliromia Public Contract Code (" Certification
of Minority arid Women Business Enmtprises").
PAYMFNT
In accordance with Pobl'rc Contract Code Section
20104.50, payments will be made hi cash to the
Contractor in accordance With the provisions of
he specifloationa and on itemized estimates duly
ncrdfiod and approved by the City Tagineer,
submitted in accordance therewith, based on
labor and materials ineorporated into vaid work paid in umm of ninety percent ( 90%) of the during the proceed og mouth by the Contractor, contract at time of completion. Final payumeal Paytnent shall not be made more oitr:n than onec ( retention) to be made thirty-five ( 35) days each thirty ( 10) days, nor sltall titc amount be subsequent to fling of Notice of Completion:
June 30, 2022
Joe Ames
Public Works Director
City of Stanton
7800 Katella Ave
Stanton, Ca 90680
Re: Request for a Landscape Maintenance Agreement Extension Dear Joe,
Venco Western would like to request a two year extension at a proposed rate of $25,463. For the month of July only. This will including the restroom sanitation at Central Park. And then $24,863.00 without the 7 day per week bathroom service, for the next two years ending July 3, 2024.
The new rate requested will deduct these items per our discision; Charman Ave. (Beach-Briarwood) ($185.00)
Sheriff’s Station ($185.00)
Orangewood Street End ($185.00)
*Stanton Central Park Bathrooms ($600.00) starting August 1st 2022 We value the relationship with the City of Stanton and would greatly appreciate the opportunity to extend this contract. We want to point out the fact that we have been operating at ($4,758) deficit each month from our decision to continue service extensions without annual CPI increases. The highest inflation since the 1980’s and record fuel prices, plus labor rate increases and material shortages and cost increases force us to request a increase this year.
We sincerely hope to continue our relationship.
Sincerely,
Mario DelNagro
2400 Eastman Avenue, Oxnard, CA 93030 • Phone (805) 981-2400 Fax (805) 981-2450 CA LIC. NO. C27-562295
www.vencowestern.com
Attachment: C
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1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: July 26, 2022
SUBJECT: ACCEPTANCE OF THE SHERIFF’S SUBSTATION FLOORING
REPLACEMENT PROJECT BY THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA
REPORT IN BRIEF:
The Sheriff’s Substation Flooring Replacement Project consisting of the removal and replacement of carpet and vinyl plank flooring is now complete. The final construction cost for the project was $50,596.60, which is below the budgeted amount for this project.
The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of July 12, 2022 and recommends that the City Council accept the completed work performed on this project.
RECOMMENDED ACTION:
1. City Council declare that project is categorically exempt under the California Environmental Quality Act, Class 1, and Section 15301(a); and
2. Accept the completion of improvements for the Sheriff’s Substation Flooring Replacement Project, as certified by the City Engineer, and affix the date of July 12, 2022 as the date of completion of all work on this project; and
3. Approve the final construction contract amount of $50,596.60 with Pro Installations Inc. dba ProSpectra Contract Flooring; and
4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and
5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Pro Installations Inc. dba ProSpectra Contract Flooring in the amount of $2,529.83.
Item: 6K
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2 BACKGROUND:
On February 22, 2022, Pro Installations Inc. dba ProSpectra Contract Flooring was awarded the construction contract to remove and replace the flooring at the Sheriff Substation as the lowest responsive bidder. The original contract amount was for $50,001.60 and the Interim City Manager approved a change order in the amount of $595.00 for additional work that was necessary to complete the project.
On July 12, 2022, Public Works staff completed a final inspection of the work and the City Engineer, in his judgement, certified that the work was satisfactorily completed.
ANALYSIS/JUSTIFICATION:
The Sheriff’s Substation Flooring Replacement Project has been completed in conformance with the project plans and specifications and has been accepted by the City Engineer. The filing of a Notice of Completion is required by the Agreement for this project and under the California Public Contract Code.
FISCAL IMPACT:
This project was budgeted for in the FY 2021/2022 Capital Improvement Program (Task Code 2022-605) for $60,000.00.
ENVIRONMENTAL IMPACT:
This project is categorically exempt under the California Environmental Quality Act, Class 1, and Section 15301(a).
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
Provide a quality infrastructure.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process. 3 ATTACHMENT:
A) Notice of Completion
Prepared by: Reviewed By:
/s/ Han Sol Yoo /s/ Joe Ames
Han Sol Yoo, E.I.T.
Associate Engineer
Joe Ames, P.E., T.E.
Public Works Director/City Engineer
Concur: Approved by:
/s/ Michelle Bannigan /s/ Hannah Shin-Heydorn
Michelle Bannigan, CPA
Finance Director
Hannah Shin-Heydorn
City Manager
Recording requested by and
when recorded mail to:
CITY OF STANTON
ATTN: CITY CLERK
7800 KATELLA AVE.
STANTON, CA 90680
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE SECTION 27383
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is the City of Stanton.
3. The full address of owner is 7800 Katella Avenue, Stanton, CA 90680.
4. The nature of the interest or estate of the owner is: Public Facility.
5. A work of improvement on the property hereinafter described was completed on July 12, 2022. The work was the Sheriff’s Substation Flooring Replacement Project.
6. The name of the contractor for such work of improvement was: Pro Installations Inc. dba ProSpectra Contract Flooring.
7. The property on which said work of improvement was completed is in the City of: Stanton, County of Orange, and State of California.
Dated:______________________ ___________________________________, City of Stanton Verification for Individual Owner Joseph John Ames, City Engineer
VERIFICATION
I, the undersigned, say: I am the City Engineer of the City of Stanton, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on _______________________________, 2022, at Stanton, California. _________________________________________, City of Stanton Joseph John Ames, City Engineer
(Space above this line for Recorder’s use)
Attachment A
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1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: July 26, 2022
SUBJECT: PUBLIC REVIEW OF DRAFT LOCAL HAZARD MITIGATION PLAN REPORT IN BRIEF:
Atlas Planning Solutions, the City’s consultant for the Local Hazard Mitigation Plan (LHMP), will provide an update of the LHMP development progress and a review of the draft LHMP.
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; and
3. Conduct a public hearing to receive public input on the draft Local Hazard Mitigation Plan.
BACKGROUND:
The Federal Disaster Mitigation Act of 2000 (DMA) establishes requirements for state and local entities to prepare and maintain a comprehensive LHMP. The purpose of an LHMP is to identify a jurisdiction’s hazards, review and assess past disaster occurrences, estimate the probability of future occurrences, and set goals to mitigate potential risks to reduce or eliminate long-term risk to people and property from natural and man-made hazards. The components of an LHMP typically are focused on the following objectives:
• Identifying vulnerabilities;
• Providing recommendations for prioritized mitigation actions; • Evaluating resources;
• Identifying mitigation shortcomings; and
• Providing for future mitigation planning and maintenance of the existing plan.
In addition, an LHMP approved by the California Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA) is required in order for jurisdictions to be eligible for pre- and post-disaster mitigation grants. LHMPs must be Item: 9A
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2 updated and resubmitted to FEMA for approval every five years in order for jurisdictions to remain eligible for FEMA grant programs. California law also requires that LHMPs must include an assessment of a jurisdiction’s vulnerability to climate change.
Implementation of an updated LHMP will allow the City to address natural hazards proactively and promote community resilience, including:
• Enforcement of building codes, floodplain management codes, and environmental regulations;
• Public safety measures, such as continual maintenance of roadways, culverts, and other public spaces;
• Retrofitting of structures and design of new construction, such as elevating a home or building;
• Protecting critical facilities and infrastructure from future hazard events; • Planning for hazard mitigation, emergency operations, disaster recovery, and continuity of operations; and
• Development and distribution of outreach materials related to hazard mitigation.
ANALYSIS:
In coordination with staff, Atlas Planning Solutions (Atlas) compiled hazard profiles, completed threat assessments, and developed hazard mitigation strategies for the City.
Hazard profiles take into account hazard-prone areas, severity measurement scales, historical events, future risks, and the effects of climate change to determine whether a hazard type poses a threat to the community, whether it be to human life and safety, property, essential services and activities, or the environment. The threat assessment considers the community’s relative vulnerability to each hazard, calculating impacts in terms of repetitive loss properties (likelihood of damage) and potential dollar losses (extent of damage). The hazard mitigation strategies establish an action plan for the City by laying out future-oriented goals; comprehensive, yet specific measures; and prioritized implementation details for emergency preparedness.
The primary hazards that the City faces are seismic hazards, power failure, drought, extreme heat, flooding, hazardous material release, urban fire, and dam failure. Atlas conducted a review of critical facilities, vulnerable populations and assets, recent hazard events and past disasters, previous mitigation actions, and more to create the City’s draft LHMP. A hazard survey was launched on Let’s Talk Stanton on October 18, 2021 to gather community input for the draft LHMP, and Atlas hosted an informational booth at the City’s Halloween Festival.
FISCAL IMPACT:
None. The City obtained a grant for $37,500 in 2020 from Cal OES to create an LHMP.
As the grant required a 25% cost share, the Council authorized a $22,000 appropriation from the General Fund at its April 13, 2021 meeting.
3 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).
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:
1. Provide a safe community.
3. Provide a quality infrastructure.
6. Maintain and promote a responsive, high-quality, and transparent government.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared By: Approved By:
/s/ Jason Huynh
__________________________
/s/ Hannah Shin-Heydorn
__________________________
Jason Huynh
Management Analyst
Hannah Shin-Heydorn
City Manager
Attachment(s):
A. Draft LHMP
2022
Local Hazard Mitigation Plan
Attachment A
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City of Stanton 2022 Local Hazard Mitigation Plan
i
City of Stanton 2022 Local Hazard Mitigation Plan
ii
TABLE OF CONTENTS
CHAPTER 1 – INTRODUCTION.................................................................................... 1 PLAN PURPOSE AND AUTHORITY .................................................................................................. 1 PLAN ORGANIZATION AND USE..................................................................................................... 3 PREVIOUS STANTON LHMP.......................................................................................................... 3 PLAN GOALS ................................................................................................................................ 3 PLANNING PROCESS..................................................................................................................... 4 CHAPTER 2 – COMMUNITY PROFILE......................................................................... 9 SETTING AND LOCATION ............................................................................................................... 9 HISTORY....................................................................................................................................... 9 DEMOGRAPHICS.......................................................................................................................... 10 ECONOMY AND COMMUTE PATTERNS ......................................................................................... 13 DEVELOPMENT TRENDS.............................................................................................................. 14 INFRASTRUCTURE ASSESSMENT................................................................................................. 15 CHAPTER 3 – HAZARD ASSESSMENT..................................................................... 18 HAZARD IDENTIFICATION............................................................................................................. 18 HAZARD SCORING AND PRIORITIZATION...................................................................................... 22 HAZARD PROFILES ..................................................................................................................... 24 CHAPTER 4 – THREAT AND VULNERABILITY.......................................................... 66 THREAT ASSESSMENT PROCESS ................................................................................................ 66 THREAT PROFILES...................................................................................................................... 69 CHAPTER 5 – HAZARD MITIGATION STRATEGY..................................................... 87 STRATEGY DEVELOPMENT PROCESS.......................................................................................... 87 USE OF HAZARD AND THREAT ASSESSMENT............................................................................... 87 CAPABILITIES ASSESSMENT........................................................................................................ 87 HAZARD MITIGATION STRATEGIES AND ACTIONS........................................................................ 95 City of Stanton 2022 Local Hazard Mitigation Plan
iii
NATIONAL FLOOD INSURANCE PROGRAM ................................................................................. 108 CHAPTER 6 – PLAN MAINTENANCE....................................................................... 109 COORDINATING BODY............................................................................................................... 109 PLAN IMPLEMENTATION ............................................................................................................ 110 PLAN MAINTENANCE PROCESS................................................................................................. 110 POINT OF CONTACT .................................................................................................................. 112 City of Stanton 2022 Local Hazard Mitigation Plan
1 CHAPTER 1 – INTRODUCTION
PLAN PURPOSE AND AUTHORITY
Hazard events can lead to injuries or death, affect the overall health and safety of a community, damage or destroy public and private property, harm ecosystems, and disrupt key services. Although the hazard event itself often gets the most attention, it is only one part of a larger emergency management cycle.
Emergency planners and responders can take steps during the response, recovery, mitigation, and preparedness phases of the cycle to minimize the harm caused by a disaster. This Local Hazard Mitigation Plan (LHMP) focuses on optimizing the mitigation phase of the cycle.
Mitigation involves making a community more resilient so that when hazard events do ultimately occur, the community suffers less damage and can recover more quickly and effectively. It differs from preparedness, which involves advanced planning for how best to respond when a disaster occurs or is imminent. For example, a policy to make homes structurally stronger so they suffer less damage during an earthquake is a mitigation action, while fully equipping emergency shelters to accommodate people who lose their homes in an earthquake is a preparedness action. Some activities may qualify as both.
Like other communities, the City of Stanton (City) could potentially suffer severe harm from hazard events. Although large disasters may cause widespread devastation, even smaller disasters can have substantial effects. The City cannot make itself completely immune to hazard events, but this LHMP can help make the community a safer place to live, work, and visit. This LHMP provides a comprehensive assessment of the threats that the City faces from natural and humancaused hazard events and a coordinated strategy to reduce these threats. It identifies resources and information to help community members, City staff, and local officials understand local threats and make informed decisions. The LHMP can also support increased coordination and collaboration between the City, other public agencies, local employers, service providers, community members, and other key stakeholders.
Federal Authority
The City is not required to prepare an LHMP, but state and federal regulations encourage it. The federal Robert T. Stafford Disaster Relief
KEY TERMS
HAZARD EVENT: AN EMERGENCY DUE
TO A NATURAL OR HUMAN-CAUSED
EVENT THAT HAS THE POTENTIAL TO
CAUSE HARM.
HAZARD MITIGATION: ANY
SUSTAINED ACTION OR SET OF
ACTIONS TAKEN TO REDUCE OR
ELIMINATE IMPACTS TOPEOPLE AND
PROPERTY FROM EVENTS
ASSOCIATED WITH NATURALLY
EXISTING OR HUMAN-CREATED
HAZARDS.
RESILIENCE: THE "CAPACITY OF ANY
ENTITY—AN INDIVIDUAL, A
COMMUNITY, AN ORGANIZATION, OR
A NATURAL SYSTEM—TO PREPARE
FOR DISRUPTIONS, TO RECOVER
FROM SHOCKS AND STRESSES, AND
TO ADAPT AND GROW FROM A
DISRUPTIVE EXPERIENCE."
City of Stanton 2022 Local Hazard Mitigation Plan
2 and Emergency Act, amended by the Disaster Management Act of 2000, creates a federal framework for local hazard mitigation planning. It states that jurisdictions that wish to be eligible for federal hazard mitigation grant funding must prepare a hazard mitigation plan that meets a specific set of guidelines and submit it to the Federal Emergency
Management Agency (FEMA) for review and approval.
These guidelines are outlined in the Code of Federal
Regulations, Title 44, Part 201, and discussed in greater detail in FEMA's Local Mitigation Plan Review Tool.
State Authority
CALIFORNIA GOVERNMENT CODE SECTIONS 8685.9 AND
65302.6
California Government Code Section 8685.91 limits the
State of California's share of disaster relief funds paid out to local governments to 75% of the funds not paid for by
federal disaster relief efforts except when the jurisdiction has adopted a valid hazard mitigation plan consistent with the Disaster Management Act of 2000. This plan must be
incorporated into the hazard mitigation plan in the
jurisdiction's general plan. In these cases, the State may cover more than 75% of the remaining disaster relief costs.
All cities and counties in California must prepare a general plan, which must include a safety element that addresses various hazard conditions and other public safety issues. The safety element may be a standalone chapter or incorporated into another section, as the community wishes. California Government Code Section 65302.6 indicates that a community may adopt an LHMP into its safety element if the LHMP meets applicable state requirements. This adoption allows communities to use the LHMP to satisfy state requirements for safety elements. As the General Plan is an overarching long-term plan for community growth and development, incorporating the LHMP into it creates a stronger mechanism for implementing the LHMP. This LHMP and future updates will be integrated into the City's General Plan Safety Element.
CALIFORNIA GOVERNMENT CODE SECTION 65302 (G)(4)
California Government Code Section 65302 (g)(4)2 requires that the safety element of a community's general plan address the hazards created or exacerbated by climate change. The safety element must identify how climate change is expected to affect the community's hazard conditions and include measures to adapt and be more resilient to these anticipated changes.
Because the LHMP can be incorporated into the safety element, including these items in the LHMP can satisfy the state requirement. SB 379 requires that climate change be addressed in the safety element when the LHMP is updated after January 1, 2017, for communities that already have an LHMP, or by 1 also known as Assembly Bill 2140
2 also known as Senate Bill (SB) 379
FEMA’s Local Mitigation Planning Handbook, last
updated in 2013, is one of the key guidance documents
for local communities in preparing hazard mitigation
plans.
City of Stanton 2022 Local Hazard Mitigation Plan
3 January 1, 2022, for communities without one. This LHMP is consistent with current standards and regulations, as outlined by the California Office of Emergency Services (Cal OES) and FEMA. It uses the best available science, and its mitigation actions/strategies reflect best practices and community values.
It meets the requirements of the current state and federal guidelines and makes the City eligible for all appropriate benefits under state and federal law and practices. Note that while FEMA is responsible for reviewing and certifying this LHMP, and Cal OES is responsible for conducting a preliminary review, it does not grant FEMA or Cal OES any increased role in the governance of the City, nor authorize either agency to take any specific action in the community.
PLAN ORGANIZATION AND USE
The Stanton LHMP is both a reference document and an action plan. It has information and resources to educate readers and decision-makers about hazard events and related issues and a comprehensive strategy that the City and community members can follow to improve resilience in the City. It is divided into the following chapters:
Chapter 1: Introduction. This chapter describes the Plan's background, its goals and objectives, and the process used in its development.
Chapter 2: Community Profile. This chapter discusses Stanton's history, physical setting and land use, demographics, and other important community characteristics.
Chapter 3: Hazard Assessment. This chapter identifies and describes the hazards that pose a threat to Stanton and discusses past and future events and the effects of climate change.
Chapter 4: Vulnerability Assessment. This chapter describes each hazard's threat to Stanton’s key facilities and community members, including socially vulnerable individuals.
Chapter 5: Mitigation Strategy. This chapter lists the mitigation actions to reduce Stanton’s vulnerability to hazard events and provides an overview of the community's existing capabilities to improve hazard resilience.
Chapter 6: Plan Maintenance. This chapter summarizes implementing, monitoring, and updating the LHMP and opportunities for continued public involvement.
PREVIOUS STANTON LHMP
This is the City of Stanton’s first LHMP and opens eligibility, once approved and adopted, to apply for FEMA grants for hazard mitigation projects and monetary relief during emergency situations.
PLAN GOALS
This Plan was developed to broadly increase resilience in Stanton. The following new key goals were developed for the City's 2022 LHMP:
Protect against threats from natural hazards to life, injury, and property damage for Stanton residents and visitors.
Increase public awareness of potential hazard events.
Preserve critical services and functions by protecting key facilities and infrastructure.
City of Stanton 2022 Local Hazard Mitigation Plan
4 Protect natural systems from current and future conditions.
Coordinate mitigation activities among City departments, neighboring jurisdictions, and with federal agencies.
Prepare for long-term changes in hazard regimes.
These goals were designed and voted on by the Hazard Mitigation Planning Committee to reflect Stanton’s current priorities. These goals will set the tone for Stanton’s first ever LHMP and will help to guide future updates to the plan. Future updates will consider community growth, allow for anticipated new development in the City, changes to City policies, and the evolution of City priorities and goals. These goals also ensure greater consistency with the City's General Plan Safety Element and priorities over the next five years.
PLANNING PROCESS
State and federal guidance for LHMPs does not require that jurisdictions follow a standardized planning process. FEMA encourages communities to create a planning process that reflects local values, goals, and characteristics. FEMA does suggest a general planning process that follows the steps identified below:
For the City of Stanton, the planning process used to create this plan is described below.
Hazard Mitigation Planning Committee
The City established a Hazard Mitigation Planning Committee (hereafter referred to as the Committee).
The Committee comprises representatives from key City departments and stakeholder members that include representatives from local and regional agencies and companies that are key to hazard mitigation activities. Stakeholders invited from local agencies and neighboring jurisdictions include Southern Identify the planning
and the resources it
contains
Build the planning
team
Create an outreach
team
Identify the risks and
threats to the
community
Review the
community's
capabilities
Develop a hazard
mitigation strategy
Review and adopt
the plan
Implement the plan
to create a safe and
resilient community
Keep the plan
current
City of Stanton 2022 Local Hazard Mitigation Plan
5 California Edison, Southern California Gas Company, Orange County Public Works, Orange County Emergency Management Division, as well as the neighboring Cities of Garden Grove, Anaheim, Cypress, and Buena Park. All prospective members were invited to the hazard mitigation planning committee via email and/or phone call.
Table 1-1 identifies the members who were invited and attended Committee meetings.
TABLE 1-1: STANTON HAZARD MITIGATION PLANNING COMMITTEE Name Title Department
Jarad Hildenbrand City Manager City Manager's Office
Jason Huynh Management Analyst City Manager's Office
James Wren Director Public Safety
Jose De La Torre Code Enforcement Officer Public Safety Zenia Bobadilla Director Community Services
Ashley Cain Community Service Manager Community Services Joseph Ames Director Public Works
Scott Jensen Public Works Manager Public Works
Michelle Bannigan Director Finance
Jennifer Lilley Director Community & Economic
Development
Aneli Gonzalez Planning Technician Community Development (Planning) Jennifer Zambrano Permit Technician Community Development (Building) Cynthia Guzman Human Resources Manager Human Resources and Risk Management
Cruz Alday Captain Orange County Sheriff's Dept.
Mike Petro Division 7 Chief Orange County Fire Authority Jeff Cole Orange County Sheriff's Dept
Bryan Mahon Battalion Chief: B Shift Orange County Fire Authority Aaron Pfannenstiel LHMP Project Manager Atlas Planning Solutions Crystal Stueve LHMP Planner Atlas Planning Solutions
Robert Jackson LHMP Planner Atlas Planning Solutions
* Denotes invitees that did not attend meetings.
The Committee held three meetings throughout the plan development process to lay out the methods and approach for the Plan, draft and review content, make revisions, and engage members of the public.
Committee Meeting #1 (August 24, 2021): The Committee members confirmed the Committee members' project goals and responsibilities. They revised the community engagement and outreach strategy, confirmed and prioritized the hazards included in the Plan, and identified critical threat assessment facilities.
City of Stanton 2022 Local Hazard Mitigation Plan
6 Committee Meeting #2 (December 1, 2021): Members held a detailed discussion about the hazard prioritization, results of the hazards assessment and mapping, and the risk assessment that showed the areas, populations, and assets facing elevated risk and vulnerability.
Committee Meeting #3 (January 11, 2022): The Committee discussed and reviewed mitigation actions and strategies, made revisions, and assigned priorities.
Invitations to Committee meetings, and agendas/materials, were provided via email. Appendix A contains copies of invitations, meeting agendas, sign-in sheets, and other relevant materials distributed for these meetings.
Public Engagement
Under FEMA guidelines, local hazard mitigation planning processes should create opportunities for the public to be involved in plan development—at a minimum, during the initial drafting stage and plan approval. Due to the COVID-19 pandemic in-person, public workshops and meetings were replaced with virtual workshops, meetings, and discussion groups for health and safety reasons. Several key activities pertaining to the LHMP include the following:
Online Engagement
LetsTalkStanton provides a better look into Stanton’s very first Local Hazard Mitigation Plan (LHMP) project. The site is home to a description of the project and how an LHMP benefits the community, a list of frequently asked questions with links to the answers, as well as access to the Hazard Mitigation Plan Survey available in English, Spanish, and Vietnamese. Using the survey link, the community members of Stanton were able to provide valuable data and personal experiences with natural and human-caused hazards in the City; this data was then used in the drafting the LHMP.
City of Stanton Halloween Festival 2021
On October 30th, 2021, the City held its annual Halloween Festival at Stanton Central Park. The consultant firm Atlas Planning Solutions had the opportunity to set up an information booth introducing the community to Stanton’s first ever Local Hazard Mitigation Plan. Members of the community had the chance to engage with the consultants and learn about the LHMP planning process, the hazards of concern within the city, ask questions, and provide valuable feedback for the hazard mitigation planning committee.
Public Review Draft
On July 19, 2022, the City released a draft copy of the LHMP for public review and comment. The document was posted electronically on the LetsTalkStanton website. The City distributed notifications about the public review draft through social media accounts and other online sources. The Public Review Draft period extended from July 19, 2022, through August 19, 2022.
Plan Revision and Adoption
During the public review period, the City received XX public comments on the plan; however, none of the comments required edits or modifications to the plan content (to be updated upon completion of Public Review period). Following public comment, the City submitted the plan to Cal OES and FEMA, initiating their review process. Upon completing this review process, City staff transmitted the final plan to the City City of Stanton 2022 Local Hazard Mitigation Plan
7 Council for final adoption. The Stanton City Council adopted the final LHMP on [Month, Day, 2022] (to be updated once officially adopted). Appendix C contains a copy of the adoption resolution.
Plan Resources
The City used several different plans, studies, technical reports, datasets, and other resources to prepare the Plan's hazard assessment, mapping, threat assessment, and other components. Table 1-2 provides some of the primary resources the Committee used to prepare this Plan.
TABLE 1-2: KEY RESOURCES FOR PLANNING DEVELOPMENT
Section Key Resources Reviewed Data Incorporated from Resources Multiple • Cal-Adapt
• California Department of
Conservation
• California Geological Survey
• California Office of Emergency
Services
• California State Hazard
Mitigation Plan
• City of Stanton General Plan
• FEMA Local Hazard Mitigation
Plan Guidance
• National Oceanic and
Atmospheric Administration
• National Weather Service
• US Geological Survey
• US Census Bureau 2013-2017
American Community Survey
• Orange County Vulnerability
Assessment
• Orange County Hazard Mitigation
Plan
• Science and background
information on different
hazard conditions
• Records of past disaster
events in and around Stanton
• Current and anticipated
climate conditions in and
around Stanton
• Projections of future seismic
conditions and events
Community Profile • US Census Bureau 2013-2017
American Community Survey
• City of Stanton Existing Condition
Reports:
• Noise and Vibration Existing
Conditions Report
• Air Quality Existing Conditions
Report
• Economic and Market Trends
Existing Condition Report
• Greenhouse Gas Emissions and
Climate Change Vulnerability
Assessment Existing Conditions
Report
• Demographic information for
Stanton and Orange County
• History of the region
• Economic trends in Stanton
• Commute patterns in Stanton
• Local land-use patterns
• Background information on
utilities serving Stanton
• Current Climate information
in Stanton
•
City of Stanton 2022 Local Hazard Mitigation Plan
8 • Community Mobility Existing
Condition Report
• California Energy Commission
Hazard Assessment
(Flood Hazards, includes
Dam Failure)
• FEMA Map Service Center
• Orange County Flood Control
District
• Metropolitan Water District of
Southern California
• US Army Corps of Engineers
• California Department of Water
Resources
• Records of past flood events
in and around Stanton
• Locations of flood-prone
areas in Stanton
• Mapping of dam failure
inundation areas
• Profiles and conditions of
dams in and around Stanton
Hazard Assessment
(Human-Caused
Hazards)
• Global Terrorism Database • Historical records of terrorism Hazard Assessment
(Hazardous Materials
Release)
• Department of Toxic Substances
and Control
• Environmental Protection Agency
• Location and dates of past
hazardous materials release
• Effects of hazardous materials
release
Hazard Assessment
(Seismic Hazards) • Southern California Earthquake
Data Center
• The Third California Earthquake
Rupture Forecast (UCERF3)
• California Geological Survey
• Location of fault zones
• Records of past earthquakes
Hazard Assessment
(Severe Weather
Hazards)
• Cal Adapt
• California Department of Water
Resources
• US Drought Monitor
• Western Regional Climate Center
•
• Historic drought information
• Current drought conditions
• Science and background
information on extreme
weather events
• Historical record of extreme
weather events in and
around Stanton
Note: Sections that are not individually called out in this table relied primarily on sources identified in multiple sections.
City of Stanton 2022 Local Hazard Mitigation Plan
9 CHAPTER 2 – COMMUNITY PROFILE
The Community Profile section of the LHMP describes Stanton, including information about the community's physical setting, history, economy and demographics, current and future land uses, and key infrastructure. The Community Profile helps establish the baseline conditions in Stanton, which inform the development of the hazard mitigation strategies and actions in Chapter 5.
SETTING AND LOCATION
Stanton is located in northwestern Orange County and
encompasses roughly 3.1 square miles. The population,
according to the US Census, in 2019 was 38,377. It is
bordered by the cities of Cypress to the west, Anaheim to the north and east, and Garden Grove to the east and
south, and several county islands.
The City experiences an average of 278 sunny days per
year, compared to a national average of 205 days. There is rarely any recorded snowfall in Stanton, ranking it as one of the least snowy places in California. Stanton
experiences roughly 13.3 inches of rain every year,
compared to the national average of 38.1 inches per year.
The average temperature in Stanton ranges between 70-
85°F for most of the year.
3 Stanton was recently named one of the safest cities to live in California. According to the Safewise database, Stanton was the 46th safest city in California in 2021.4 The City has been extremely successful in improving the quality of everyday life for its residents, thanks to the Stanton Redevelopment Agency.
This program has been a crucial element in revitalizing the commercial and residential areas of the city.
Major new developments have been brought to the City, which promises to sustain the City for years to come.5 The City’s motto – Community Pride and Forward Vision, is embodied by the work of the Stanton Redevelopment Agency and the work that has been put into making Stanton a better place to live, work, and play.
HISTORY
The area where Stanton is located today began as one of the largest land grants in the history of California, comprising over 300,000 acres of land. This land grant was initially given to Manuel Perez Nieto, granting stewardship over Rancho Los Coyotes and Rancho Los Alamitos. However, the padres of Mission San Gabriel protested the grant, and roughly half of the land Nieto was granted was awarded to the church.
Following his death in 1804, the land came under the stewardship of his son Juan Jose Nieto, who eventually sold off a portion of the land called Rancho Los Alamitos (28,000 acres) for $500 an acre to 3 https://www.bestplaces.net/climate/city/california/stanton 4 https://www.safewise.com/blog/safest-cities-california/ 5 https://www.stantonca.gov/community/history.php Money Magazine ranked Stanton 42nd on its "Best
Places to Live" list in 2006.
City of Stanton 2022 Local Hazard Mitigation Plan
10 Governor Jose Figueroa. Rancho Los Alamitos eventually came into the possession of Don Able Stearns in 1842, purchased for $6,000 from the governor.
As the century changed, so did transportation to and from the city (then known as Benedict), with the Pacific Electric Railway beginning operations in the area in 1906. This gave the population a direct line to Los Angeles for business and allowed the Stearns Rancho Corporation to transport buyers to the area.
Within several years the train was so busy that two cars were needed to run both ways, and four cars were necessary on the weekends. By 1928, it was a portion of the railway’s thousand-mile system which provided a convenient mode of travel throughout Orange and Los Angeles Counties.
In 1911, Benedict changed its name to Stanton. The city was named after former Speaker of the California Assembly, Assemblyman Philip Stanton. Stanton was responsible for blocking the legislation proposed by the City of Anaheim, which would have turned the western area around the city into a sewage farm. This was accomplished by the incorporation of the city in May of 1911. Stanton remained incorporated until 1924, when they “disincorporated” to allow the State to build road infrastructure in the territory, avoiding the costs that the city would have incurred. Following World War II, the Orange County area experienced a population boom, and large swathes of land were being annexed by neighboring cities. To avoid being swallowed up and absorbed, Stanton decided to re-incorporate and voted to incorporate Stanton once again officially on June 4th, 1956.
DEMOGRAPHICS
Race/Ethnicity/Age
The data used in this section comes from the most comprehensive American Community Survey (ACS), administered by the United States Census Bureau (U.S. Census) released in 2019 and the California Department of Finance (DOF). According to the ACS, the 2019 population was estimated to be 38,377, with a median age of 34.9. This median age is 3.2 years younger than the Orange County median age of
38.1. Table 2-1 identifies the race/ethnicity and age demographics for both the City and Orange County, which indicates that the percentage of senior residents (aged 65 and older) in the City is 2.3 % less than the rest of Orange County. Additionally, a slightly larger proportion of Stanton's residents rent their housing 49.4%, compared to Orange County residents 42.6%.
Stanton, like most surrounding communities, is predominantly a family community. In both Stanton and Orange County, about two-thirds of households are families. At 3.38 persons per household, the average household size in Stanton is higher than the national average and .37 higher than Orange County's average household size of 3.01 persons per household. Both Stanton and the wider region have a similar mix of age groups Table 2-1.
In terms of its racial and ethnic composition, Stanton's majority race as a population is Hispanic or Latino at 47.8%. The second-largest population is Asian or Pacific Islander, with 30.1% of all residents. White, non-Hispanics come in as the third-largest population at 18.1%. As an ethnically diverse community, Hispanic or Latino residents comprise the largest ethnic group, followed by White-non-Hispanic, White, Asian, and Black residents Table 2-1.
City of Stanton 2022 Local Hazard Mitigation Plan
11 TABLE 2-1: RACE/ETHNICITY AND AGE IN STANTON AND ORANGE COUNTY, 2015-2019 Stanton Orange County
Number Share Number Share
Race and Ethnicity
White, non-Hispanic 6,932 18.1% 1,285,855 40.6%
Black or African American,
non-Hispanic
439 1.1% 51,269 1.6%
American Indian and
Alaska Native alone
265 0.7% 6,116 0.2%
Asian or Pacific Islander,
non-Hispanic
11,547 30.1% 651,876 20.6%
Hispanic or Latino 18,341 47.8% 1,078,726 34%
All other races, nonHispanic94 0.2% 6,032 0.2%
Two or more races, nonHispanic759 2% 88,170 2.8%
Total 38,377 100% 3,168,044 100%
Age
Under 18 9,802 25% 704,508 22.2%
18 to 24 3,452 10% 295,112 9.4%
25 to 44 11,181 29% 868,512 27.4%
45 to 64 9,293 24% 844,807 26.7%
65 and over 4,649 12% 455,105 14.3%
Total 38,377 100% 3,168,044 100%
Note: Percentage values are rounded to the nearest tenth decimal.
Sources: American Community Survey, 2015-2019
Language
The City has a range of non-English languages spoken at home among its residents, with varying proficiency levels. Generally, Spanish, and Asian languages are the second most-spoken languages in Stanton. Table 2-2 shows the most widely spoken languages in the home other than English and in what percentage.
TABLE 2-2: LANGUAGES OTHER THAN ENGLISH SPOKEN AT HOME
Language Percentage of Limited-English Population
Spanish 41%
Asian and Pacific Islander languages 24.7%
Other Indo-European Languages 1.3%
Total Limited-English Population 10,988
Source: American Community Survey, 2015-2019
*Note: This is a snapshot of those who speak a non-English language; therefore, these percentages will not add up to 100%.
City of Stanton 2022 Local Hazard Mitigation Plan
12 Education
Stanton's residents have lower educational attainment levels and lower incomes than Orange County. Approximately 20% of Stanton residents have bachelor's degrees or above, compared with 40% in Orange County (Figure 2-1). The City's median household income is approximately $32,000 lower than incomes throughout Orange County (Figure 2-2).
27.2%
26.1%
18.8%
8.1%
14.7%
5.1%
14.5%
17.2%
19.9%
7.7%
26.2%
14.5%
0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0%
Less than High School, no deploma
High School or equivalent
Some College, no degree
Associate’s degree
Bachelor’s degree
Graduate or professional degree
Educational Attainment for Population Over 25
Orange County Stanton
Source: U.S. Census American Community Survey, 2015-2019 FIGURE 2-1: EDUCATIONAL ATTAINMENT FOR POPULATION OVER 25 YEARS OF AGE IN STANTON AND THE ORANGE COUNTY, 2015-2019
$57,598
$90,234
$75,235
$62,843
$-
$20,000
$40,000
$60,000
$80,000
$100,000
Stanton Orange County California United States
Median Household Income
Sources: U.S. Census American Community Survey, 2015-2019 FIGURE 2-2: MEDIAN HOUSEHOLD INCOME IN STANTON AND THE ORANGE COUNTY, 2015-2019 City of Stanton 2022 Local Hazard Mitigation Plan
13 ECONOMY AND COMMUTE PATTERNS
Employment and commute patterns of Stanton residents and employees within the City focus on where jobs are located and where employees travel to and from for work. Commute patterns rely on the match between residents' jobs and skill levels and the job opportunities currently found in Stanton. Prior to the COVID-19 pandemic, Stanton had approximately 7,800 jobs and 17,200 employed residents. As illustrated in Table 2-3, meaning the City had a ratio of 0.45 jobs per employed resident (prior to COVID-19), though only 518 (6.6%) of residents both lived and worked in Stanton. This means the City is supplying jobs primarily to employees from outside of the City, and that most residents commute outside of the City for work.
TABLE 2-3: STANTON EMPLOYMENT OVERVIEW*
Jobs located in Stanton 7,812
Employed Residents in Stanton 17,186
Jobs / Employed Resident 0.45
Share of Residents also Working in Stanton 518 (3%)
*Note: Currently employed residents over the age of 25.
Sources: U.S. Census Longitudinal Employer-Household Dynamics, 2019 The five largest employers within the City are Rowntree Gardens, The Home Depot, Super King Market, CR Transfer Inc., and Great Scott Tree Service (Table 2-4). These employers account for approximately 11% of the total jobs located within the City.
Before the stay-at-home measures, 97% of resident workers commuted to nearby communities or employment centers,
primarily in Anaheim, Irvine, Los Angeles, and Santa Ana. The majority of employees not living in Stanton commute from Anaheim, Garden Grove, Santa Ana, Los Angeles, and Buena Park. While these commute patterns identify the past
commute trends, the effects of COVID-19 reduced commute volumes; however, it is not clear if these changes are
temporary or a more lasting shift as remote working
continues.
TABLE 2-4: LARGEST EMPLOYERS IN STANTON AS OF 2021
Employer Number of Employees Percentage of Employment
Located in Stanton*
Rowntree Gardens 334 4.3%
The Home Depot 165 2.1%
Super King Market 128 1.6%
CR Transfer Inc. 122 1.6%
Great Scott Tree Service 122 1.6%
Source: City of Stanton, Comprehensive Annual Financial Report for FY Ending June 30, 2021. *Totals rounded to nearest tenth percentage
Rowntree Gardens is the largest employer within
Stanton
City of Stanton 2022 Local Hazard Mitigation Plan
14 DEVELOPMENT TRENDS
Stanton is located within a dense part of central Orange County that has experienced significant growth and development over the past 50 years. During this period, population growth has accounted for nearly 20,000 new residents. Since the early 2000s, the population has grown by approximately 700. Figure 2-3 shows population growth for the City between 1970 through 2020.
According to the 2021-2029 City of Stanton Housing Element Update, the City has a state housing development requirement of 1,231 units as identified by the Southern California Association of Governments (SCAG) and its required Regional Housing Needs Allocation (RHNA) for 2021 through 2029 (Table 2-5). The goal of the RHNA is to ensure a fair distribution of housing needs among the SCAG region so that every community provides a mix of housing for all economic segments. The City’s progress to date includes 540 units that have been constructed, are under construction or have received building permits since June 30, 2021. The City also has an additional 413 units that have been approved/entitled. Stanton has 282 units remaining to be accommodated and according to the report, can be adequately accommodated.6 For an in-depth breakdown of Stanton’s RHNA requirement, please see section 5, Resources, of the Stanton 2021-2029 Housing Element Background Report of the General Plan. 6 City of Stanton 2021-2029 Housing Element Background Report. 18,200
23,700
30,500
37,400 37,900 38,100
0 5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
45,000
1960 1970 1980 1990 2000 2010 2020 2030
Population Growth
FIGURE 2-3: POPULATIONGROWTHOF STANTON, 1970 TO 2020
Source: World Population Review, Stanton CA
City of Stanton 2022 Local Hazard Mitigation Plan
15 TABLE 2-5: CITY OF STANTON REGIONAL HOUSING NEEDS ALLOCATION (RHNA) 2021-2029 Income Group Total Housing Units Allocated Percentage of Units Extremely/Very Low 165 13%
Low 145 12%
Moderate 231 19%
Above Moderate 690 56%
Total 1,231 100%
Source: City of Stanton 2021-2029 Housing Element Background Report
INFRASTRUCTURE ASSESSMENT
Infrastructure plays a vital role in mitigating the effects of hazard events. When infrastructure fails, it can exacerbate the effects of a hazard event or create complications for rescue workers trying to reach victims. For example, fallen utility poles resulting from strong winds or seismic activity can obstruct roadways and prevent emergency vehicles from reaching affected areas. The following are Stanton's electrical, gas, water and wastewater, and infrastructure transportation networks.
Electricity
Stanton receives its electrical supply from Southern California Edison (SCE). There is one substation located within the City, the Barre Substation (three additional substations are located just outside of the city limits in Anaheim, Garden Grove, and Westminster), as well as a peaker plant to provide additional power when demand exceeds normal thresholds, all of which connect the 220kV and 66kV powerlines that run east to west and north to south.
7 These lines bring power to Stanton and the surrounding cities and connect to other regional power sources. These connections help Stanton access auxiliary electricity sources should any of its immediate infrastructure fail. However, should the power grid experience a more substantial regional failure, this could disrupt power transmission to Stanton for an extended period until power is restored.
Public Safety Power Shutoff
The State's investor-owned utilities have general authority to shut off the electric power to protect public safety under California law. Utilities exercise this authority during severe wildfire threat conditions as a last resort preventative measure through Public Safety Power Shutoffs (PSPS)8, which were first implemented in 2018. These incidents typically occur during high fire threat conditions (i.e., dry conditions and strong winds) and may affect communities located far away from any actively occurring fires. Stanton is far removed from the cities where these PSPS circuits are located; however, residents and businesses could experience the impacts of these events if a larger regional event should occur.
Natural Gas
The Southern California Gas Company (SoCalGas) provides natural gas to Stanton and surrounding jurisdictions. To ensure sufficient transmission of natural gas throughout the region, SoCalGas owns and 7 California Energy Commission (CEC), https://www.arcgis.com/home/webmap/viewer.html?useExisting=1 8 California Public Utilities Commission. 2020. Public Safety Power Shutoff information. https://www.cpuc.ca.gov/wildfiresinfo/ City of Stanton 2022 Local Hazard Mitigation Plan
16 operates transmission linesthroughout Orange County. These main pipelines run east to west to the north and the south of the city. If these lines are damaged, there is a potential to interrupt the flow and delivery of natural gas throughout the City and region. Additionally, natural gas ignites very easily. Any rupture in a transmission line could cause additional damage to properties in the vicinity of the leak due to fire from the escaped natural gas. The presence of this infrastructure creates unique challenges for the City from an emergency management perspective. The inclusion of hazards associated with damage to this infrastructure is an important element of an effective response to future incidents involving natural gas use and transmission.9
Water Service and Wastewater Treatment
Golden State Water Company provides water in Stanton (GSWC), West Orange County System (WOCS), and the service area covers the entire City boundary. Water supplies provided by WOCS are a mixture of local groundwater and imported water. Groundwater supplies are sourced from the Orange County Groundwater Basin and its 21 county wells. The local county wells have historically provided 85% of the water supply used by WOCS; the imported water is sourced and purchased from the Colorado River Aqueduct and State Water Project via the Metropolitan Water District of Southern California. GSWC has over 200 groundwater wells in its service area throughout the state.
The wastewater treatment for the city of Stanton is provided by the Orange County Sanitation District (OCSD). OCSD is a public agency that provides wastewater collection, treatment, and disposal services for approximately 2.6 million people in central and northwest Orange County. OCSD is a special district governed by a Board of Directors consisting of 25 board members appointed from 20 cities, 2 sanitary districts, 2 water districts, and 1 representative from the Orange County Board of Supervisors. OCSD has two operating facilities that treat wastewater from
residential, commercial, and industrial sources. OCSD has two treatment plants serving the city of Stanton:
Reclamation Plant No. 1 in Fountain Valley and Treatment Plan No. 2 in Huntington Beach. Average flows for
Reclamation Plant No. 1 and Treatment Plan No. 2 are 81 million gallons per day (mgd) and 151 mgd, respectively. The combined average flow is 232 mgd. The Public Works
Department’s Sewer Maintenance Program maintains and
operates the sanitary sewer collection system. The Sewer Maintenance Program practices preventative maintenance
activities such as continual monitoring and maintenance of the entire system and hydraulic cleaning of the main lines.
In addition, the city now operates the portions of the city’s sewer system that was previously operated by Orange
County Water District and the Garden Grove Sanitation
District.10
9 City of Stanton, https://www.stantonca.gov/community/moving_to_stanton/index.php 10 City of Stanton General Plan 5-8, Water and Wastewater Orange County Sanitation District Service Area. OC
San Map
City of Stanton 2022 Local Hazard Mitigation Plan
17 Transportation System and Context
The City of Stanton has convenient access to local and regional transportation facilities, including freeways, arterial roadways, and access to Metrolink commuter rail connections in nearby neighboring cities Buena Park and Anaheim. The five major freeways surrounding the City include Interstates 5 and 605, CA State Routes 22, 39, and 91. Interstate 5 (I-5) is east of the City (about 3.5-4 miles), connecting Los Angeles County to the northwest and San Diego County to the southeast, with the SR-91 north of the city. Interstate 605 (I-605) runs west of the city (about 4.5 - 5 miles) and provides access to Los Angeles County; it also intersects with both SR-22 and SR-91. SR-22 is directly south of the city at the most southern part of the city limits. SR-39, also known as Beach Blvd, bisects the City connecting SR-22 to SR-91, serving as the primary north/south route through the City. Finally, SR-91 lies about 3 miles north of the City and is easily accessible from SR-39 Beach Blvd and provides a direct route to the Inland Empire and Riverside County. Stanton is located between Cypress to the west, Anaheim to the north and east, and Garden Grove to the east and south.
Public transportation via fixed-route bus services is provided by the Orange County Transportation Authority (OCTA) bus service, which is the public transportation agency in Orange County. OCTA operates five bus routes within the City which connect Stanton to the surrounding cities of Fullerton, Huntington Beach, Brea, Long Beach, Orange, and Garden Grove. OCTA also provides a service called OCTA Access Transportation for seniors and others who cannot use the fixed-route bus services on their own. They will provide transportation to and from medical appointments, shopping, and even social visits. The ride program is organized by registering with OCTA or the Stanton Parks and Recreation Services and scheduling the ride.
City of Stanton 2022 Local Hazard Mitigation Plan
18 CHAPTER 3 – HAZARD ASSESSMENT
This chapter discusses the types of hazards that might reasonably occur in Stanton. It describes these hazards and how they are measured, locations in Stanton where they may occur, a history of these hazards in and around Stanton, and the future risk they pose. The discussion of future risks includes any changes to the frequency, intensity, and/or location of these hazards due to climate change. This chapter also discusses how the Hazard Mitigation Planning Committee (HMPC) selected and prioritized this plan's hazards.
HAZARD IDENTIFICATION
FEMA guidance identifies several hazards that communities should evaluate for inclusion in a hazard mitigation plan. Communities may also consider additional hazards for their plans. The HMPC reviewed an extensive list of hazards and excluded those that do not pose a threat to Stanton. Table 3-1 lists the hazards considered and explains the reasoning for inclusion/exclusion. For context, this table also shows if a hazard is recommended for consideration by FEMA, if it is included in the 2018 California State Hazard Mitigation Plan (SHMP), and if it is included in the Orange County Hazard Mitigation Plan (OC HMP).
TABLE 3-1: HAZARD EVALUATION FOR STANTON LHMP
Hazard Recommended for
Consideration
Included in
LHMP?
Reason for Inclusion or Exclusion
Agricultural
Pests
SHMP No While agricultural uses were a key element of
the City when it was first developed, the City no
longer contains a significant amount of these
resources that could be vulnerable to
agricultural pests.
Air Pollution SHMP No Air pollution is a state and regional issue addressed through plans and regulations
administered by the South Coast Air Quality
Management District and/or California Air
Resources Board. Although air quality is a
concern of the City, Stanton has no authority to
mitigate air pollution.
Aircraft Incident SHMP No The City is located near the Long Beach Airport and John Wayne Airport. Given the lack of past
incidents associated with aircraft, the HMPC
determined this hazard should not be included
in the plan.
Aquatic Invasive
Species
SHMP No There are no major bodies of water in Stanton
where aquatic invasive species could endanger
the community.
Avalanche FEMA guidance
SHMP
No Stanton is not located within potential
avalanche zones.
Civil Disturbance
or Riot
SHMP No The City of Stanton has no real history of civil disturbances or riots in its past. The HMPC felt
this was not a concern for the city.
City of Stanton 2022 Local Hazard Mitigation Plan
19 Climate Change SHMP
OC HMP
Yes Climate change is a concern of the HMPC, which
is discussed as a function of each relevant
hazard and is mentioned throughout the LHMP.
Coastal Flooding
and Storm
FEMA guidance
SHMP
No Stanton is not located along the coast of
California. Coastal flooding and storms are not
anticipated to impact the community.
Cyber Threats SHMP Yes With the increase in cyber threats occurring throughout California and the nation, the HMPC
considers them serious, requiring evaluation
within the LHMP.
Dam Failure /
Inundation
FEMA guidance
SHMP
SBC HMP
Yes Given the potential for the complete failure of
Prado Dam and the inundation that could impact
the community, the HMPC identified dam
failure/inundation as a hazard of concern.
Drought SHMP
OC HMP
Yes The HMPC identified droughts as a recurring and
potentially severe hazard in Stanton.
Energy Shortage SHMP No Southern California Edison serves as the electrical utility provider for Stanton, which is
outside of the City's control. While energy
shortage is a concern for the City and State, the
HMPC did not identify this hazard as a concern
that should be included in the LHMP. A
discussion of Public Safety Power Shutoff
concerns is included in this plan as it is closely
related to Severe Weather and Wildfires which
occur in the region.
Epidemic,
Pandemic,
Vector-Borne
Disease
SHMP No Stanton is in Orange County, which has
experienced several regional and global healthrelated incidents in the past. The City supports the County Department of Public Health as the
jurisdictional agency for public health
emergencies. The City will continue to work
closely and seek guidance from County, State,
and Federal partners to combat these types of
hazard events. Therefore, it was not deemed a
hazard that should be addressed in the LHMP.
However, public health emergencies are an issue
that is included in the City's emergency
management planning efforts.
Erosion FEMA guidance
SHMP
No Erosion was not identified as an issue within the
City that should be addressed in the LHMP.
Expansive Soil FEMA guidance No Expansive soils were not identified as an issue within the City that should be addressed in the
LHMP. The City requires compliance with the
California Building Code and site-specific
geotechnical report, which is equipped to
mitigate issues associated with expansive soils.
Extreme Cold FEMA guidance
SHMP
No Temperatures in Stanton do not fall to a level
that would be considered a danger to public
safety.
City of Stanton 2022 Local Hazard Mitigation Plan
20 Extreme Heat FEMA guidance
SHMP
Yes Extreme heat has occurred in Stanton and is
expected to be an increasingly recurring issue
due to climate change. As a result, this hazard
was included in the LHMP.
Fault Rupture FEMA guidance
SHMP
OC HMP
No The City contains no known Alquist-Priolo
Special Study Zones. Several regional AlquistPriolo faults are located near the City and could cause powerful seismic hazards should an
earthquake occur along one of them. Given that
no faults are located within the City, this seismic
hazard was not identified as a concern to the
City.
Flooding FEMA guidance
SHMP
OC HMP
Yes Several dams and basins are located within the
region, and the entire City is located within
FEMA-designated flood hazard zones. Significant
flooding events have occurred in the past, which
have affected properties. Given the proximity to
the Santa Ana River watershed and Prado Dam,
flooding is still a key concern within the City.
Fracking SHMP No Fracking does not occur in Stanton.
Hail FEMA guidance No Hail that is severe enough to pose a threat to people and property is too rare in Stanton to be
included.
Hazardous
Materials
release
SHMP
OC HMP
Yes The presence of hazardous material use,
storage, manufacturing, disposing, and transport
was identified as a concern for the HMPC.
Several major roadways, freeways, and rail lines
transecting the City allow for transporting these
materials that could endanger the community if
a release into the environment were to occur.
Hurricane FEMA guidance
SHMP
No Hurricanes do not occur in Stanton.
Infrastructure
Failure
SHMP No Infrastructure failure can pose a threat to people and property in Stanton. A discussion of
infrastructure failure is discussed as a function of
other hazards, where applicable.
Earthquake
Induced
Landslide
FEMA guidance
SHMP
No There are not areas within the City of Stanton
considered to have a high potential for
earthquake-induced landslides. As a result, this
hazard is not included in the LHMP.
Levee Failure SHMP No The HMPC did not identify levee failure as a hazard of concern.
Lightning FEMA guidance No Although lightning occasionally occurs in Stanton, it does not pose a significant threat to
people or property.
Liquefaction FEMA guidance
SHMP
Yes Small portions of the City are located within
potential liquefaction areas, identifying a
concern of the HMPC. This hazard has been
included as part of the Seismic Hazards profile.
City of Stanton 2022 Local Hazard Mitigation Plan
21 Methanecontaining SoilsNo The City does not have methane-containing soils that pose a threat to residents' and businesses'
public health and safety.
Natural Gas
Pipeline Hazards
SHMP No Natural gas pipelines exist within the City and could pose a danger to people and property if
they were to breach and release their contents
into the community. They were not identified as
a hazard of concern by the HMPC.
Oil Spills SHMP No There is no history of oil drilling and extraction within the City. Based on this, the HMPC did not
think this hazard needed to be addressed.
Power Failure Yes Power failure was identified as a key hazard of concern by the HMPC, the LHMP does discuss
Public Safety Power Shutoff concerns within the
LHMP.
Radiological
Accidents
SHMP No There are no known significant radiation sources in Stanton or the immediate surrounding area
that could pose a severe threat to the
community.
Sea-level Rise FEMA guidance
SHMP
No Stanton is not located along the State's coastal
portions where sea-level rise is a concern.
Seiche FEMA guidance
SHMP
No There are no major bodies of water in Stanton
that could be subjected to seiche.
Seismic Shaking FEMA guidance
SHMP
OC HMP
Yes Stanton is in a seismically active area; several
major fault lines run within and around the City,
where shaking can be severe enough to damage
property or cause loss of life. For this reason, the
HMPC determined it should be addressed in this
Plan as a primary concern.
Severe Wind FEMA guidance No Severe wind is a common occurrence within the Southern California. Severe wind events typically
occur during Santa Ana wind conditions.
However, the HMPC felt it is not a concern in
Stanton and not included in the LHMP.
Severe Weather FEMA guidance
SHMP
OC HMP
No Severe Weather includes discussions regarding
extreme heat, drought, and severe wind which
are weather-related hazards most common in
Southern California. Extreme heat and drought
are both covered in separate profiles.
Storm Surge FEMA guidance No Stanton is not a coastal community where storm surge is a concern.
Subsidence FEMA guidance No Subsidence is not a significant concern identified by the HMPC.
Mass-Casualty
Incident
(Terrorism)
SHMP No While the HMPC acknowledged the threat this
can pose to the city, due to the lack of past
historical events in Stanton, this was not deemed
a hazard of concern for the LHMP.
Thunderstorm SHMP No Thunderstorms that cause damage and endanger public safety are rare in the Southern
City of Stanton 2022 Local Hazard Mitigation Plan
22 California region and were not identified by the
HMPC.
Tornadoes FEMA guidance
SHMP
No No tornadoes are known to have ever occurred
in Stanton.
Transportation
Accidents
SHMP No While transportation accidents can occur within the City, this hazard was not identified as a key
hazard of HPMC concern.
Tree Mortality SHMP No The HMPC noted that the City's trees are a potential asset at risk; however, tree mortality
was not identified as a hazard of concern for the
City.
Tsunami FEMA guidance
SHMP
No Stanton is not a coastal community.
Urban Fire SHMP
OC HMP
Yes The HMPC identified urban fires as a risk to
property and life in Stanton. A discussion of this
topic is included in the wildfire section of the
document.
Volcano SHMP
SBC HMP
No There are no volcanoes near Stanton to pose a
valid threat.
Wildfire FEMA guidance
SHMP
OC HMP
No The HMPC did not identify wildfire as a major
threat to the City and is not included in the
LHMP.
After hazard evaluation and the organizational changes made by the Committee, this Plan discussed the following hazards in detail; if the targeted hazard has a sub-category, they are listed in parenthesis:
• Seismic Hazards (Seismic
Shaking, Liquefaction)
• Power Failure
• Drought
• Extreme Heat
• Flooding
• Hazardous Materials Release
• Urban Fire
• Dam Failure
• Climate Change (Discussed in
all Relevant Hazards)
HAZARD SCORING AND PRIORITIZATION
The Committee followed FEMA guidance for hazard mitigation plans and prioritized each of the 11 hazards. The initial step assigned a score of 1 to 4 for each of the 10 hazards. The four criteria were as follows:
Probability: The likelihood that the hazard event will occur in Stanton in the future Location: The size of the area that the hazard event would affect Maximum probable extent: The severity of the direct damage of the hazard event to Stanton Secondary impacts: The severity of indirect damage of the hazard event to Stanton City of Stanton 2022 Local Hazard Mitigation Plan
23 The Committee assigned a weighting value to each criterion, giving a higher weight to the criteria deemed more critical, and multiplied the score for each criterion by weighing the factor in determining each criterion's overall score. FEMA recommended the weighting values as follows:
• Probability: 2.0
• Location: 0.8
• Maximum probable extent: 0.7
• Secondary impacts: 0.5
Table 3-2 shows the Criterion Scoring used to assign a score for each criterion.
TABLE 3-2: CRITERION SCORING
Probability Maximum Probably Extent (Primary Impact)
The estimated likelihood of occurrence based on historical data The anticipated damage to a typical structure in the community
Probability Score Impact Score
Unlikely—less than a 1 percent chance each
year
1 Weak—little to no damage 1
Occasional—a 1 to 10 percent chance each year 2 Moderate—some damage, loss of service for days
2 Likely—a 10 to 90 percent chance each year 3 Severe—devastating damage, loss of service for months
3 Highly likely—more than a 90 percent chance
each year
4 Extreme—catastrophic damage,
uninhabitable conditions
4 Location Secondary Impact
The projected area of the community affected
by the hazard
The estimated secondary impacts to the community at
large
Affected Area Score Impact Score
Negligible—affects less than 10 percent of the
planning area.
1 Negligible—no loss of function, downtime,
and/or evacuations
1 Limited—affects 10 to 25 percent of the
planning area.
2 Limited—minimal loss of functions,
downtime, and/or evacuations
2 Significant—affects 25 to 75 percent of the
planning area.
3 Moderate—some loss of functions,
downtime, and/or evacuations
3 Extensive—affects more than 75 percent of the
planning area.
4 High—major loss of functions, downtime,
and/or evacuations
4 After calculating each hazard's total impact score (sum of the location, maximum probable extent, and the secondary impact), FEMA guidance recommends multiplying the total impact score by the overall probability of determining each hazard's final score. A final score between 0 and 12 is considered a lowthreat hazard, 12.1 to 42 is a medium-threat hazard, and a score above 42 is considered a high-threat hazard. This final score determines the prioritization of the hazards.
Table 3-3 shows each hazard's individual criterion scores, final score, and threat level based on the above prioritization process.
City of Stanton 2022 Local Hazard Mitigation Plan
24 TABLE 3-3: INDIVIDUAL CRITERION SCORES FOR THE STANTON HMPC Hazard Type* Probability Impact Total
Score
Hazard Planning
Consideration
LOCATION PRIMARY
IMPACT
SECONDARY
IMPACTS
Seismic Hazards1 4 4 4 4 64.00 High
Power Failure 4 2 2 3 36.00 Medium
Drought 3 4 2 2 33.60 Medium
Extreme Heat 3 4 2 2 33.60 Medium
Flooding 3 2 2 3 27.00 Medium
Haz Mat Release 3 2 2 3 27.00 Medium
Urban Fire 3 2 2 2 24.00 Medium
Dam Failure 1 4 4 4 16.00 Medium
* Climate Change considerations are discussed as part of each Hazard Profile identified in this table. 1 Seismic Hazard includes: Seismic Shaking, Liquefaction
HAZARD PROFILES
The following hazard profiles below discuss
the key hazards of concern identified by the
HMPC. These profiles include a description of
the hazard, discussion of the location,
magnitude/severity (extent) of potential
events, historical occurrences, and potential
for future events. In addition, each profile
includes a discussion of climate change
considerations.
Seismic Hazards
A seismic event is the result of the movement
of tectonic plates beneath the Earth’s surface.
Tectonic plates are the large
geologic formations upon which the Earth’s crust rests. Shifting in Earth’s molten rock causes the plates to move alongside boundaries called “faults.” The movement of the tectonic plates is a gradual process that occurs at an annual rate of approximately one to five inches. As the plates move past each other certain sections of the plates can become stuck to the other plate, locking the plates in place even though the plate’s kinetic energy is still pushing it forward. This creates a buildup of tension released into the crust once the plates dislodge from each other. The sudden discharge of energy into the crust is felt as shaking on the surface and can lead to rupturing of land that sits on top of fault lines, liquefaction in areas with wet soil, or landslides in hilly or mountainous areas.
Earthquakes are high-priority hazards because they are likely to happen, affect a wide area, and can be very damaging. Source Image:
from Jonathan Nourok.
City of Stanton 2022 Local Hazard Mitigation Plan
25 While no Alquist-Priolo fault zonesrun directly through Stanton, several regional Alquist-Priolo faults near the City could cause powerful seismic hazards should an earthquake occur along one of them. Seismic hazards that are likely to occur in Stanton include liquefaction and seismic shaking.
DESCRIPTION
Seismic shaking: Seismic shaking is the shaking felt on the surface caused by an earthquake. In most cases, earthquakes are not powerful enough for the shaking to be felt. However, particularly powerful earthquakes can generate significant shaking, causing widespread destruction resulting in property damage.
Liquefaction: Liquefaction occurs when seismic energy shakes an area with low-density, fine grain soil, like sand or silt, that is also saturated with water. When the shaking motion reaches these areas, it can cause these loosely packed soils to suddenly compact, making the waterlogged sediment behave more like a liquid than solid ground. During liquefaction events, the liquified soil can lose most of its stability which can cause damage to buildings and infrastructure built upon it. In severe cases, some buildings may completely collapse. Pipelines or other utility lines running through a liquefaction zone can be breached during a liquefaction event, potentially leading to flooding or the release of hazardous materials.
LOCATION AND EXTENT
Seismic Shaking: The intensity of seismic shaking occurs in relation to the amount of energy discharged by the seismic event, which is dictated by the length and depth of the fault.
The longer and nearer the surface the fault rupture is, the greater the seismic shaking. In most cases, areas nearest to the fault ruptures experience the greatest seismic shaking, while areas that are more distant experience less shaking.
Seismic shaking can damage or destroy structures leading to partial or even total collapse. The shaking of the ground can also damage or destroy underground utilities or
pipelines, potentially leading to releases of hazardous materials and flooding if water lines are breached.
Southern California is a highly seismic area because of the major faults that run through the region and is subject to experiencing seismic shaking. The intensity of seismic shaking is usually measured with the Modified Mercalli Intensity (MMI) scale, which is based on the amount of observed damage. The MMI scale has replaced the Richter scale, which is no longer used since it loses effectiveness when measuring larger earthquakes. Since the degree of shaking, and consequently damage, generally decreases as the seismic energy travels further away from the fault rupture’s point of origin, different sections of a city or region can report different MMI measurements in different locations. Given Stanton’s small size, however, it is unlikely that different sections of the City would report different MMI measurements, but it is more likely that Stanton would report a different MMI measurement than a distant city in Orange County that was closer to a potential fault rupture. The MMI scale uses Roman numerals on a 12-point scale to measure each degree of shaking intensity. Table 3-4 shows the MMI scale.
Seismic shaking primarily affects unreinforced masonry
buildings, as seen here with this Long Beach middle
school damaged by the 1933 Long Beach earthquake.
Image from Los Angeles Times.
City of Stanton 2022 Local Hazard Mitigation Plan
26 TABLE 3-4: MODIFIED MERCALLI INTENSITY SCALE
Moment
Magnitude
Intensity Category Description
1.0M - 2.9M I Instrumental Felt only by a very few people, under especially favorable conditions.
3.0M - 3.9M
II Feeble Felt only by a few people at rest, especially on the upper floors of buildings.
III Slight Noticeable by people indoors, especially on upper floors, but not always recognized as an earthquake.
4.0M - 4.9M
IV Moderate Felt by many indoors and by some outdoors. Sleeping people may be awakened. Dishes, windows, and doors are disturbed
V Slightly Strong Felt by nearly everyone, and many sleeping people are awakened.
Some dishes and windows broken, and unstable objects overturned.
5.0M - 5.9M
VI Strong Felt by everyone. Some heavy furniture is moved, and there is slight damage.
VII Very Strong
Negligible damage in well-built buildings, slight to moderate damage in ordinary buildings, and considerable damage in poorly built buildings.
6.0M - 6.9M
VIII Destructive
Slight damage in well-built buildings, considerable damage and partial collapse in ordinary buildings, and great damage in poorly built buildings.
IX Ruinous
Considerable damage in specially designed structures. Great damage and partial collapse in substantial buildings, and buildings are shifted off foundations.
7.0M and
higher
X Disastrous
Most foundations and buildings with masonry or frames are destroyed, along with some well-built wood structures. Rail lines are bent
XI Very Disastrous Most or all masonry structures are destroyed, along with bridges. Rail lines are greatly bent.
XII Catastrophic Damage is total. The lines of sight are distorted, and objects are thrown into the air.
Source: United States Geological Survey. 2019. The Modified Mercalli Intensity Scale. https://earthquake.usgs.gov/learn/topics/mercalli.php Another scale for measuring seismic shaking is the moment magnitude scale (MMS, denoted Mw or simply M). The MMS measures the energy released by the fault rupture beginning at 1.0 and increasing as the earthquake's energy grows. The MMS is a logarithmic scale, meaning that the difference between numbers on the scale multiplies as they increase. An earthquake with 5.0 M is approximately 1.4 times greater than 4.9 M, 32 times greater than 4.0 M, and 1,000 times greater than 3.0 M.
Seismic shaking can also be measured in relationship to the force of Earth’s gravity (g), or percent g. This method is useful for geographically displaying areas of seismic shaking potential. Percent g is computed by determining the acceleration of the earthquake’s motion relative to the force of gravity. The acceleration of gravity is 980 centimeters per second, so if, for example, an earthquake’s acceleration is measured at 765 centimeters per second, the shaking is modeled as 765/980, or .781 g (78.1% g). Figure 3-1 shows the predicted intensity of seismic shaking in Stanton using percent g.
City of Stanton 2022 Local Hazard Mitigation Plan
27 Liquefaction: Soils must be saturated with
water for liquefaction to occur. Areas with high water
tables generally have saturated soil since the distance between the shallowest aquifer and the surface is
minimal. Areas with alluvial soils—soft sands, silts, and clays—are also susceptible to liquefaction as these soils are fine grain and generally do not bond together
well. Liquefaction events do not have a scale of
measurement; however, other factors can be used to
assess the extent of damage associated with
a liquefaction event, such as:
• Soil type
• Strength of seismic shaking around liquefaction
• Size of the affected area
• Degree of destruction because of the liquefaction
According to the California Department of Conservation Division on Mines and Geology, the entire City of Stanton is in a liquefaction hazard zone which is consistent with other northwestern Orange County cities, including Cypress, Los Alamitos, Seal Beach, and La Palma. This is due to nearly all the area’s soil consisting of sandy alluvial soil, sandy loams, and the high-water table.11 The Orange County Shallow Aquifer is located 30 to 40 feet underneath Stanton’s surface.12 Figure 3-2 shows the liquefaction zones in Stanton as designated by Stanton’s General Plan.
11 California Geological Survey. 1998. “Seismic Hazard Zone Report for the Los Alamitos 7.5-Minute Quadrangle, Los Angeles and Orange Counties, California.” http://gmw.conservation.ca.gov/SHP/EZRIM/Reports/SHZR/SHZR_019_Los_Alamitos.pdf 12 Orange County Water District. June 2015. “Groundwater Management Plan 2015 Update.” https://www.ocwd.com/media/3503/groundwatermanagementplan2015update_20150624.pdf Car fully submerged due to the Canterbury earthquakes
that cause liquefaction on February 23, 2011, in
Christchurch New Zealand. (Credit: nz raw)
City of Stanton 2022 Local Hazard Mitigation Plan
28 FIGURE 3-1: SEISMIC SHAKINGPOTENTIAL
City of Stanton 2022 Local Hazard Mitigation Plan
29 FIGURE 3-2 LIQUEFACTION SUSCEPTIBILITY
City of Stanton 2022 Local Hazard Mitigation Plan
30 PAST EVENTS
Seismic shaking: While no significant earthquake has originated within Stanton or Orange County within the last 100 years, Stanton has undoubtedly felt the shaking of regional earthquakes. The nearest earthquake event to Stanton that caused significant damage throughout the Southern California region was the 1933 Long Beach earthquake which caused the deaths of 120 people and more than $50 million in property damage.13 Since Stanton was not incorporated until 1956, the city as it is known today didn’t exist during this particular earthquake. Since the area was not overly populated, it is unknown whether residents of the present-day Stanton area experienced any damage to their property.
Most of the deaths and damage from the 1933 Long Beach Earthquake occurred because of collapsing unreinforced masonry buildings. While farmers in the area most likely felt powerful seismic shaking, it is unlikely that they experienced significant property damage as other more urbanized areas in the region reported. Other strong, regional earthquakes have occurred in the Southern California region, but their epicenters have been so distant from Stanton that seismic shaking generated by the earthquake did not cause significant property damage or harm to the City. Table 3-5 shows significant earthquakes – magnitude 6.0 Mw or greater –within 100 miles of Stanton since the beginning of the 20th century. Although there was no substantial damage in Stanton from either earthquake, authorities made disaster declarations in Orange County for the 1994 Northridge Earthquake and 1987 Whittier Narrows Earthquake.14
Liquefaction: There is limited information available on the occurrence of past liquefaction events in Stanton. The nearest and most recent liquefaction event occurred near the mouth of the San Gabriel River 13 Southern California Earthquake Data Center. 2011. Significant Earthquakes and Faults, Long Beach Earthquake. http://scedc.caltech.edu/significant/longbeach1933.html 14 Federal Emergency Management Agency. 2003. California Earthquake, Aftershocks (DR-799). https://www.fema.gov/disaster/799
15 Southern California Earthquake Data Center. 2011. Earthquake Catalogs SCSN Catalog Search (1932-Present). http://service.scedc.caltech.edu/eq-catalogs/radius.php TABLE 3-5: SIGNIFICANT EARTHQUAKES (6.0+ MW) WITHIN 100 MILES OF STANTON15 Event Name Distance (Miles)* Magnitude
1918 Hemet Earthquake 58 6.8
1933 Long Beach Earthquake 13 6.3
1971 San Fernando Earthquake 48 6.5
1986 North Palm Springs Earthquake 80 6.0
1992 Joshua Tree Earthquake 97 6.3
1992 Big Bear Earthquake 72 6.7
1992 Yucca Valley 94 7.6
1994 Northridge Earthquake 42 6.7
*Distance between the epicenter and Stanton City Hall
City of Stanton 2022 Local Hazard Mitigation Plan
31 at Alamitos Bay because of the Long Beach Earthquake in 1933. It was reported that pavement buckled, cracks appeared in the ground, and “mud volcanoes” erupted in the Los Alamitos area.16˒17
RISK OF FUTURE EVENTS
Seismic shaking: Stanton is in a seismically active area with many faults in the surrounding area and region-at-large. The danger posed by any seismic shaking could damage buildings or infrastructure. It is almost inevitable that an earthquake will occur along one of the adjacent or regional fault lines and cause a major seismic event. The Third Uniform California Earthquake Rupture Forecast (UCERF3) was released in 2015 and is the most recent assessment of the probability of a major earthquake on various faults between 2015 to 2044. Table 3-6 shows the nearby and regional fault lines for Stanton.
TABLE 3-6: EARTHQUAKE PROBABILITIES FOR KEY FAULTS NEAR STANTON(2015–2044)18 Fault Distance
(Miles)*
Probability
6.7+ Mw 7.0+ Mw 7.5+ Mw 8.0+ Mw
Anaheim 1 0.09% 0.07% <0.01% Negligible
Elysian Park 5 0.01% <0.01% <0.01% Negligible
Newport-Inglewood 7 0.95% 0.81% 0.42% Negligible
Peralta Hills 7 0.23% 0.15% 0.06% Negligible
Yorba Linda 7 0.08% 0.08% 0.03% <0.01%
Richfield 7 0.02% <0.01% Negligible Negligible
San Joaquin Hills 8 0.40% 0.38% 0.24% Negligible
Compton 9 0.60% 0.47% 0.04% <0.01%
Puente Hills 9 0.66% 0.58% 0.19% Negligible
Whittier 11 0.94% 0.85% 0.48% Negligible
Palos Verdes 16 3.09% 2.79% 0.10% Negligible
San Jose 17 0.31% 0.21% 0.02% Negligible
Chino 20 0.66% 0.11% 0.06% Negligible
San Jacinto 41 1.13% 1.13% 1.12% 0.49%
San Andreas† 44 20.31% 19.50% 16.69% 6.78%
* Distance between Stanton City Hall and the nearest point of the fault. All distances are approximate. † Southern California segments only.
Note: UCERF3 results consist of two individual models (3.1 and 3.2), each of which provides rupture probabilities for each segment of the fault.
This table shows the maximum probability for a section of the fault in either model. 16 California Geological Survey. 1998. “Seismic Hazard Zone Report for the Los Alamitos 7.5-Minute Quadrangle, Los Angeles and Orange Counties, California.” 17 Federal Emergency Management Agency. 2017. California Northridge Earthquake (DR-1008). https://www.fema.gov/disaster/1008
18 Southern California Earthquake Data Center. 2011. Earthquake Catalogs SCSN Catalog Search (1932-Present). http://service.scedc.caltech.edu/eq-catalogs/radius.php City of Stanton 2022 Local Hazard Mitigation Plan
32 In addition to UCERF3 forecasts, which project the odds of a major earthquake on local and regional faults, the U.S. Geological Survey forecasts the severity of seismic shaking in different locations for various plausible earthquake scenarios. Table 3-7 shows the anticipated shaking in Stanton from some of these scenarios.
TABLE 3-7: SELECTED SHAKING SCENARIOS FOR STANTON19
Fault Magnitude Distance to Epicenter
(Miles)*
MMI in Stanton
NewportInglewood7.2 10 VII (Very strong) – VIII (Destructive)
7.2 11 VII (Very strong) – VIII (Destructive)
7.0 34 VI (Strong) – VII (Very strong)
Anaheim 6.4 3 VIII (Destructive)
Peralta Hills 6.6 13 VII (Very strong)
Whittier 7.0 14 VII (Very strong) – VIII (Destructive)
Chino 6.6 17 VI (Strong)–VII (Very strong)
6.8 19 VI (Strong)–VII (Very strong)
Palos Verdes 7.4 16 VII (Very strong)
San Jacinto 7.3 47 VI (Strong)
San Andreas 7.9 50 VI (Strong)
*Distance between where Stanton City Hall and the epicenter (the point on the surface above the fault rupture began).
The U.S. Geological Survey scenarios show that the Anaheim Fault could cause the strongest seismic shaking in Stanton. The Newport-Inglewood and Peralta Hills could cause the next-strongest shaking. The more distant Palos Verdes, San Jacinto, and San Andreas faults could cause earthquakes that have an overall higher magnitude than the Newport-Inglewood, Anaheim, or Peralta Hills faults; however, due to the former faults’ distance from Stanton, the shaking intensity felt in Stanton would be reduced compared to the shaking that would be felt nearer the earthquakes’ epicenters. The overall magnitude of potential earthquake scenarios occurring along the Newport-Inglewood, Anaheim, and Peralta Hills faults is lower than some of the more regional faults, but their proximity to Stanton means that the City would be subjected to high intensity shaking from these earthquakes. In other words, these lower magnitude earthquake scenarios may be more destructive in Stanton than higher magnitude earthquake scenarios that are further away. As noted in Table 3-6, the likelihood of a powerful earthquake occurring along these faults within the next 25 years is exceptionally low.
Liquefaction: Due to the types of soil in Stanton and the surrounding area, the City will be perpetually at risk of a liquefaction event if the water table remains as high as it is. Liquefaction events are triggered by seismic shaking, so the likelihood of a liquefaction event occurring depends on the probability of an earthquake. An earthquake could occur along the numerous local faults running through northwestern Orange County, leading to a liquefaction event. However, the likelihood of one of these local faults 19 Working Group on California Earthquake Probabilities. 2015. The Third California Earthquake Rupture Forecast (UCERF3). http://www.wgcep.org/ucerf3
City of Stanton 2022 Local Hazard Mitigation Plan
33 experiencing an earthquake powerful enough to trigger a liquefaction event within the next 25 years is quite low. Refer to Table 3-6 for the probability of a major earthquake occurring in faults close to Stanton.
Large and active regional faults such as the San Andreas or San Jacinto Faults are far more likely to experience a significant earthquake within the next quarter-century. However, these fault systems may be too distant from Stanton to generate a significant shaking intensity which could trigger a liquefaction event. Therefore, it is only possible to say that liquefaction could occur in the City, but it is impossible to say with certainty when and where a future liquefaction event could occur in Stanton.
CLIMATE CHANGE CONSIDERATIONS
Seismic shaking: There is no direct link between climate change and seismic activity that could impact Stanton, so climate change is not expected to cause any changes to the frequency or intensity of seismic shaking. Some research indicates that climate change could result in “isostatic rebounds,” or a sudden upward movement of the crust because of reduced downward weight caused by glaciers. As glaciers are known to melt when global temperatures increase, climate change could indirectly lead to increased seismicity in Southern California.
Liquefaction: Climate change is anticipated to change the usual precipitation patterns in Southern California. Periods of both rain and drought are anticipated to become more intense and frequent. This means that more precipitation will likely occur during rainy periods, and drought is expected to last even longer. As a result, the water table in Stanton could rise during intense periods of precipitation.
Alternatively, a longer-lasting drought may lead to more groundwater withdrawal and could lower the water table. Therefore, climate change could either increase or decrease the risk of liquefaction in Stanton.
Energy/Power Shortage
DESCRIPTION
An energy/power shortage is an event that occurs within an electric power system when the total real or reactive power of the power plants in the system is insufficient to supply all consumers with electric power of the required quality. These events are considered lifeline system failures. These shortages or outages can be the primary hazard, or these events can be the direct result of another hazard, such as an earthquake, extreme weather event, or flood. These failures can also be in conjunction with other lifeline system failures such as natural gas, communication, drinking water, wastewater disposal, or transportation. Power shortages can exacerbate and or create detrimental effects on these various operational and lifeline systems. For this hazard profile discussion, energy/power shortage incidents are the primary hazard of concern; however, power failure as the secondary impact resulting from other hazard events is a concern for many of the other hazards profiled in this plan.
Generally, these power shortage events are the direct result of events beyond the control of the City.
These events often occur during a time of extreme demand/need for power, such as an extreme heatwave that creates an enormous strain on the power grid as residents try to stay cool. Most of these energy outages are short-term in duration, but they can last for weeks if the situation is dire. There are three (3) types of power/energy shortages or outages; each of them is categorized based on duration and the actual effect of the shortage/outage event:
City of Stanton 2022 Local Hazard Mitigation Plan
34 • Permanent is a massive loss of power typically caused by fault on a powerline; however, power is restored automatically once the fault has been cleared. • Brownout is a sag (or drop) in voltage in an electrical power supply. They can cause poor performance of equipment or various operational systems. • Blackout is a total loss of power in an area and is the worst form of a power outage that can happen. Blackouts can last from a few minutes to multiple weeks, depending on the nature of the causing event and the configuration of the actual electric network.
Another cause for potential energy/power outages is
solar storms. According to the Department of
Homeland Security, “Space Weather” is a naturally
occurring phenomenon in which the sun releases
solar flares, energetic particles and/or coronal mass
ejections (CME). These events are known as solar
storms. If a CME is directed towards Earth, it can
interact with the Earth’s magnetic field and cause
geomagnetic storms. Under these circumstances,
extra currents, known as geo-magnetically induced
currents (GIC), are created in the ground,
impacting the electric grid. These GICs can cause
widespread outages in two ways. First, they cause
permanent damage to critical grid components, such
as high-voltage power transformers. This is of
particular concern as high voltage transformers are
not easily replaceable. Second, the GICs can cause voltage instability in the grid and cause the system voltage to collapse, resulting in a widespread but temporary outage. Protecting the grid with localized GIC forecasting: The Space Weather Prediction Center currently provides regional-level space weather warnings and alerts at the National Oceanic and Atmospheric Administration. A forecasting tool is under development to enable more localized and precise GIC forecast levels to provide grid owners and operators with actionable information. By providing accurate and tailored forecasts specific to a utility’s location and infrastructure, utility operators will be better informed to make operational decisions to mitigate the impacts of solar storms. This can range from canceling maintenance work to temporarily shutting down vulnerable grid components and preventing permanent damage. Utilities will also be informed when it is “all clear” and safe to resume normal operations.20 Another potential cause of an energy/power shortage is the detonation of an EMP (Electro-magnetic pulse) device. An EMP is designed to wreak as much havoc as a traditional bomb blast on society, however, with less loss of life, since the blast results in power losses that can affect critical functions and facilities. According to researchers at the Foundation for Resilient Societies, the worst-case scenario EMP event would be a high-altitude nuclear detonation. This would create a series of blast waves 20 “DHS Science and Technology Directorate: Solar Storm Mitigation” https://www.dhs.gov/sites/default/files/publications/Solar%20Storm%20Mitigation-508_0.pdf Permanent damage to the Salem New Jersey Nuclear Plant GSU Transformer caused by the severe geomagnetic storm of March 13, 1989 (Credit: PSE&G)
City of Stanton 2022 Local Hazard Mitigation Plan
35 that would ripple out and impact any electrical equipment on the ground, in the air, even in orbit. Much the same as a solar storm, the resulting EMP blast would send destructive currents raging through the electrical grid, crippling transformers, frying circuit breakers, and substations.21 A Public Safety Power Shutoff (PSPS) is a practice that Southern California Edison (SCE, provider of electricity for Stanton) and other utility companies may use to preemptively shut off power in high fire hazard areas to reduce fire risk during extreme and potentially dangerous weather conditions (hot, dry, and windy). According to the SCE, PSPS events are the option of last resort in a line of operational procedures employed to mitigate fire risk when conditions warrant. In considering whether to shut off power to lines in affected areas, SCE considers the following factors, which may include, but are not limited to:
• The National Weather Service has issued Red Flag Warnings* for counties that contain SCE circuits in High Fire Risk Areas.
• Ongoing assessments from the SCE in-house meteorologists regarding the local conditions related to wind speed, humidity, and temperature are informed by strategically deployed weather stations.
• Real-time situational awareness information from highly-trained personnel positioned locally in High Fire Risk Areas identified as at risk for extreme weather conditions. • Input from SCE fire management experts regarding any ongoing firefighting efforts. • Specific concerns from local and state fire authorities regarding the potential consequences of wildfires in select locations.
• Awareness of mandatory or voluntary evacuation orders in place. • Expected impact of de-energizing circuits on essential services such as public safety agencies, water pumps, traffic controls, etc.
• Other operational considerations to minimize potential wildfire ignitions.
In advance of PSPS events, SCE will meet with local governments to inform them about the PSPS protocol, including the location of circuits in their jurisdictions that may be shut off during an event. Notification is provided to residents 48 hours before the potential PSPS event, with follow-up notification occurring 24 hours before the power is shut off. Communication notifications will be made throughout the outage when power has been shut off and then finally again when it is restored. However, as extreme weather can be unpredictable, advance notification and coordination sometimes do not conform to this protocol. Notification may occur by phone call, text, the SCE.com website, email, and/or social media accounts.22
LOCATION AND EXTENT
The entire city of Stanton is vulnerable to energy/power shortages. Most power outage events are not necessarily always human-caused in nature. The cause can be an overwhelming demand for power due 21 “How We’ll Safeguard Earth From a Solar Storm Catastrophe” https://www.nbcnews.com/mach/space/how-we-ll-safeguardearth-solar-storm-catastrophe-n760021 22 “SCE’s 2020 Planning for Public Safety Power Shutoffs (PSPS)”.https://www.sce.com/sites/default/files/2020- 06/SCE%E2%80%99s%202020%20PSPS%20Preparations.pdf
City of Stanton 2022 Local Hazard Mitigation Plan
36 to an accident, equipment malfunction/failure, severe weather conditions, or any other natural hazards the City is susceptible to. Any of these can be the catalyst that creates a loss of energy/power. According to the California Energy Commission, electricity is transmitted and distributed to the City through a series of 220-287 kV transmission lines and 110-161 kV distribution lines (Figure 3- 3).
Power loss/shortage can occur in small areas of the city, like a single neighborhood, or the entire grid could potentially fail, resulting in the city suddenly losing power. Power/energy loss is indiscriminate in who, where, or what it affects; however, older infrastructure or infrastructure located above ground may be more susceptible to weather-related hazards. The duration of these power/energy shortages fluctuates depending upon the severity of the actual cause for the power loss and what actions are required to repair the issue or issues.
The electricity industry operated for years through utilities that were “vertically integrated,” meaning that they owned generation, transmission, and distribution, which typically had monopolies in their designated service areas. In 1996 the Federal Regulatory Commission issued orders 888 and 889 requiring utilities that own transmission infrastructure to provide nondiscriminatory access to all transmission customers.
One way for a utility company to comply with this new requirement was to allow an independent system operator (ISO) to operate their transmission system for them. ISOs do not own the electricity transmitted over the grid, and they allow market participants to transmit electricity at the best FIGURE 3-3: POWER TRANSMISSION LINES IN STANTON
City of Stanton 2022 Local Hazard Mitigation Plan
37 available price. In 1998, because of Order 888 and CA state legislation AB 1890, the California ISO was incorporated as a nonprofit public benefit corporation to fulfill this mission. ISOs are often compared to air traffic controllers, as they independently manage the traffic on a power grid they do not own, much like air traffic controllers manage airplane traffic in the airways and on airport runways.
The California ISO is one of nine independent system operators in North America (refer to Figure 3- 4). Collectively, they deliver over 2.2 million gigawatt-hours of electricity each year and oversee more than 26,000 miles of high-voltage power lines. These independent grid operators serve two-thirds of the United States.23
Figure 3-5 displays the approximate location and area of PSPS circuits within Orange County. Based on this information, the City of Stanton does not have any PSPS circuits that could be de-energized under this type of event. However, these circuits are strategically placed throughout Orange County to assist in the mitigation of the potential threat posed by wildfires in open spaces and forested areas. Even though no PSPS circuits are located within Stanton, the City needs to anticipate and prepare for potential effects, including power degradation, an influx of people from neighboring communities/cities affected by power loss and/or evacuation, and increased calls for emergency support services. 23 California ISO website: “ISO History” http://www.caiso.com/about/Pages/OurBusiness/ISO-history.aspx FIGURE 3-4: NORTH AMERICAN INDEPENDENT SYSTEM OPERATORS City of Stanton 2022 Local Hazard Mitigation Plan
38 PAST EVENTS
Small-scale power/energy loss frequently occurs throughout southern California due to maintenance and infrastructure failure. Energy shortages and blackouts tend to occur at a larger regional scale, affecting Stanton residents and businesses depending on the failure location. California has experienced some major statewide and regional energy shortages due to various reasons, including:
• December 1982 (near Tracy, California)- Loss of a transmission tower, two (2) 500-kV lines, and a pair of 230-kV lines. Five (5) million people were impacted. (Equipment Failure)24 • October 1989 (Loma Prieta Earthquake)- Loss of substations; 1.4 million people impacted. (Seismic Event)25
• August 1996 (region)- Cascading impacts from loss of power from 1996 North American Blackouts.26
• December 1998 (San Francisco)- Loss of substations, impacting 350,000 buildings and 940,000 people. (Infrastructure failure, human error).27
24 “The 3 Worst Power Outages in the History of the U.S”.https://www.a-1-electric.com/the-3-worst-power-outages-in-thehistory-of-the-u-s/#:~:text=On%20December%2022nd%2C%201982,going%20without%20electricity%20for%20hours. 25 Eguchi, R. T.; Seligson, H. A. (1994), "Lifeline perspectives" Practical lessons from the Loma Prieta earthquake, National Academies Press, 26 Venkatasubramanian, Mani V. (2003-08-20) "Analyzing Blackout Events: Experience from the Major Western Blackouts in 1996"
27 “Technician's error caused 1998outage” https://www.sfgate.com/bayarea/article/Technician-s-error-caused-1998-outage-1- death-2595806.php
FIGURE 3-5: PSPS CIRCUITS IN THE ORANGE COUNTY REGION
City of Stanton 2022 Local Hazard Mitigation Plan
39 • 2000 (statewide)- Power outages due to electricity crisis.28 • 2011 (Southwest Blackout)- Cascading impacts from the loss of power from the 23 distinct events that occurred on 5 separate power grids; impacted 1.4 million people. Largest power failure in California history.29
• July 2017 (Los Angeles)- Explosion at power plant; causes widespread outages in San Fernando Valley.30
Recently the City has experienced small-scale power outages that have affected City operations. While these events may have been rare in the past few decades due to the age of infrastructure and other factors, the City has begun to see more frequent events that have affected City operations and functions. In 2021 three small-scale events affected City facilities.
RISK OF FUTURE EVENTS
Today, several mechanisms are in place to monitor, manage and adapt to changing conditions and demands to help reduce and/or eliminate energy shortages. California and regional departments (California Independent System Operator- Cal-ISO, Federal Energy Regulatory Commission- FERC, Western Electricity Coordinating Council- WECC, North American Electric Reliability Corporation- NERC, California Public Utilities Commission- CPUC, California Energy Commission- CEC) are focused on energy production, use, and management. Each agency plays a role in planning, managing, and coordinating the allocation of energy within the state of California. Stanton can experience a power/energy shortage at any time and place throughout the year. The probability of it occurring again will always be present, as the City is dependent on electricity to function.
CLIMATE CHANGE CONSIDERATIONS
Projections of changing climatic conditions through the end of the century suggest that the City should address future power/energy shortage concerns. While energy demands are not anticipated to increase significantly throughout the City (due to compliance with updated codes and requirements), electricity production occurs outside of the City, reducing opportunities for Stanton to be energy independent.
DROUGHT
DESCRIPTION
A drought is a period in which water supplies become scarce. This can occur for various reasons; in California, droughts occur when precipitation is limited for an extended period. Rain that arrives in California via atmospheric rivers channels moist air located high in the atmosphere. When the atmospheric rivers bring less than usual moisture to California, it can reduce the overall amount of precipitation that falls on the state. Rain also comes to California due to the El Niño Southern Oscillation (ENSO) cycle, a regional meteorological phenomenon in the southern Pacific Ocean consisting of variations in the temperature of the ocean water and air. These variations give rise to two distinct 28 Sweeney, James L. (Summer 2002" The California Electricity Crisis: Lessons for the Future" 29 Medina, Jennifer (September 10, 2011) "Human Error Investigated in California Blackout's Spread to Six Million". The New York Times
30 DWP Plant Explosion Causes Massive Power Outage In San Fernando Valley https://laist.com/2017/07/09/dwp_plant_explosion_causes_massive.php City of Stanton 2022 Local Hazard Mitigation Plan
40 phases known as El Niño, the warm and wet phase, or La Niña, the dry and cold phase. When the La Niña phase is active, it can cause California to receive lower than normal precipitation levels. Drought may also occur when infrastructure connecting communities to long-distance water sources fails. This can occur due to deferred maintenance or may be the result of a natural disaster. For example, many Southern California cities would experience drought conditions if the State Water Project or Colorado River Aqueduct severed during a powerful earthquake event.
LOCATION AND EXTENT
Given Stanton’s small size, any drought that is significant enough to reduce water supply to the City would impact all parts of the City at the same time—there is no section of the City that is at greater or lesser risk of drought occurrence. Golden State Water Company (GSWC) serves as the water utility provider in Stanton. GSWC has three water sources that supply the city with water. The majority comes from the Orange County Groundwater Basin, supplemented by water from the Colorado River Aqueduct and the State Water Project (imported and distributed by Metropolitan Water District of Southern California).31 Since the groundwater basin provides such a significant amount of Stanton’s water, it is unlikely that the city would undergo a long-distance drought —a drought that occurs when a distant water source becomes less available. Given that most of Stanton’s water comes from local groundwater sources, this type of event would have to be exceptional or prolonged for the City and its residents to feel the impact.
The U.S. Drought Monitor Classification Scheme is a common scale used to measure the impact of droughts in different communities across the United States. See Table 3-8 for a complete description of each drought event classification.
TABLE 3-8:U.S.DROUGHT MONITOR CLASSIFICATION SCHEME32
Category Description Possible impacts
D0* Abnormally dry Slower growth of crops and pastures.
D1 Moderate drought Some damage to crops and pastures. Water bodies and wells are low.
Some water shortages may occur or may be imminent. Voluntary water use restrictions can be requested.
D2 Severe drought Likely crop and pasture losses. Water shortages are common, and water restrictions can be imposed.
zD3 Extreme drought Major crop and pasture losses. Widespread water shortages and restrictions.
D4 Exceptional drought Exceptional and widespread crop and pasture losses. Emergency water shortages develop.
* D0 areas are those under “drought watch” but not technically in a drought. They are potentially heading into drought conditions or 31 West Orange County Water System, Consumer Confidence Report on Water Quality for 2020”, https://www.gswater.com/sites/main/files/file-attachments/water-quality-west-orange-county.pdf?1621390083 32 US Drought Monitor. 2019. Drought Classification. https://droughtmonitor.unl.edu/AboutUSDM/AbouttheData/DroughtClassification.aspx City of Stanton 2022 Local Hazard Mitigation Plan
41 PAST EVENTS
Like the rest of California, Stanton has experienced
many drought events throughout its history. Each
event has been distinct, with varying lengths, severity, and frequency. One of the earliest recorded major
droughts in state history is the “Great Drought,” which occurred in 1863 and 1864. This drought killed 46
percent of the cattle in the state and ultimately led to the decline of cattle ranching.
33 The “Dustbowl
Droughts” lasted from 1928 to 1935. The effects of this drought were so severe that it sparked the movement
to create some of California’s modern water irrigation
infrastructure, such as the California Aqueduct.
Another drought occurred in 1976 and 1977, leading to
agricultural losses estimated at nearly $1 billion. This drought led to water-saving practices still in effect today across the state. Further water conservation practices were enacted during a drought lasting from 1987 to 1993, which caused agricultural damages at an estimated $250 million each year.34 As of early 2022, California and the entire western United States have been in the grips of a major drought.
Precipitation levels have decreased, and the Sierras did not receive the average snow level, reducing the snowpack, which reduces the amount of water available for California. The current drought is on the heels of one of the worst droughts in California history, which began in 2012 and lasted until 2017. All areas of 33 Crawford, R. June 1991. “The Great Drought: Fickle Weather in 1860s Led to Breakdown of Cattle Industry.” Los Angeles Times. https://www.latimes.com/archives/la-xpm-1991-06-13-nc-780-story.html 34 Grad, S. and Harrison, S. April 2015. “3 crippling droughts that changed California.” Los Angeles Times. https://www.latimes.com/local/california/la-me-california-retrospective-20150413-story.html Shasta Lake Reservoir seen during the 1976-1977 drought.
Image from Steve Fontanini.
FIGURE 3-6: CALIFORNIA DROUGHT HISTORY (2000-2022)
City of Stanton 2022 Local Hazard Mitigation Plan
42 the state were impacted, and by 2014 it was reported as the most severe drought in 1,200 years. Figure 3-6 illustrates the severity of the drought conditions experienced over the past 20 years. By the summer of 2014, almost all of California was experiencing D2 (severe drought) conditions. Stanton, all of Orange County, and more than 75% of California was reported as experiencing D4 (Exceptional Drought) conditions. By 2015, emergency water-saving mandates were enacted, requiring all jurisdictions to reduce water use by 25%. In late 2016 and early 2017, successive heavy rains helped end the drought conditions in the state. The following winter, in late 2017 and early 2018, rains did not return in the same quantity, and slight drought conditions returned across California. This moderate drought was again abated in the winter season of late 2018 and early 2019 when heavy rains ended any existing drought conditions. As of July 2022, a majority of the state is experiencing drought conditions that range from moderate to exceptional drought. Stanton (and Orange County) is located in an area of the state experiencing severe drought (Figure 3-7). In addition, Figure 3-8 identifies the change in drought conditions between 2021 and 2022.
FIGURE 3-7: CALIFORNIA STATEWIDE DROUGHT CONDITIONS AS OF JULY 5, 2022 City of Stanton 2022 Local Hazard Mitigation Plan
43 RISK OF FUTURE EVENTS
Drought will continue to be a foreseeable event in the future of California, including Stanton. Since most droughts are almost entirely contingent on global weather phenomena, which vary from year to year, it is impossible to predict the frequency or severity of future drought events in Stanton. Droughts that result from infrastructure failure are equally impossible to predict since the circumstances that lead to infrastructure failure are unique to each situation.
CLIMATE CHANGE CONSIDERATIONS
Climate change is anticipated to abate drought in certain situations; however, projections suggest that future drought events could become more frequent and intense in the future. In some cases, climate change-intensified weather patterns, like ENSO, may bring more rain to California and Stanton, reducing drought conditions. In other years, climate change may also prolong the La Niña phase of ENSO, which could lead to longer periods with no precipitation in California.
FIGURE 3-8:DROUGHT CLASS CHANGES IN CALIFORNIA (JULY 2021– JULY 2022) City of Stanton 2022 Local Hazard Mitigation Plan
44 Climate change is also expected to increase the average temperature and cause more frequent and prolonged heat waves in the region. During these events, water supplies may be affected within the City.
Hotter temperatures may also lead to increased surface water evaporation, leading to greater water consumption. If a drought occurs coupled with heatwave events, additional strain could be placed on City infrastructure, including water supply.
From a regional perspective, warmer overall temperatures in California are anticipated to reduce statewide water supplies. Much of California’s water comes from melted snow in the High Sierra. As the average temperature grows warmer with climate change, the precipitation that falls as snow is expected to shift towards rain. As less snow falls, the amount of melted water from the snowpack in the Sierra Nevada will decrease, reducing the water that will flow into the reservoirs and aqueducts that supply Southern California. While the City does not currently rely primarily on water supplies from MWD, reductions in water availability could strain supplies for neighboring communities that do, affecting the quality and availability of water supplies within the Orange County Groundwater Basin, which could affect future generations’ water supplies.
EXTREME HEAT
DESCRIPTION
Extreme heat is a period when temperatures are abnormally high relative to a designated location’s normal temperature range. There are generally three types of extreme heat events:
35 • Extreme Heat Days: a day during which the maximum temperature surpasses 98 percent of all historic high temperatures for the area, using the time between April and October from 1961 to 1990 as the baseline.
• Warm Nights: a day between April to October when the minimum temperature exceeds 98 percent of all historic minimum daytime temperatures observed between 1961 to 1990. • Extreme Heat Waves: a successive series of extreme heat days and warm nights where extreme temperatures do not abate. While no universally accepted minimum length of time for a heatwave event exists, Cal-Adapt considers four successive extreme heat days and warm nights to be the minimum threshold for an extreme heatwave.
Extreme heat events will feel different from region to region since different areas have different historic high temperatures. For example, an extreme heat day on the coast will feel different than an extreme heat day in the High Desert. Humidity plays a factor in the perceived heat that people feel, as humid conditions will make a day feel hotter than a non-humid day even though the temperature may be the same on both days. The difference between the perceived and actual temperatures is known as the “heat index.” To illustrate the effect of the heat index, a 90-degree day with 50 percent humidity feels like 95°F, whereas a 90°F with 90 percent humidity feels like 122°F. Figure 3-9 shows National Oceanic and Atmospheric Administration (NOAA)’s National Weather Service Heat Index. 35 Cal-Adapt. 2019. Extreme Heat Days & Warm Nights. https://cal-adapt.org/tools/extreme-heat/ City of Stanton 2022 Local Hazard Mitigation Plan
45 Extreme heat poses several dangers to public health. The human body is vulnerable to long periods of high temperatures and will eventually enter a state of heat exhaustion and dehydration if exposure to heat is extended. If exposure to high temperatures is particularly prolonged to the point that internal body temperature surpasses 105°F, heatstroke may occur, and organ failure and death may soon follow without intervention.
LOCATION AND EXTENT
Extreme heat events are not limited to any part of the City. They occur with the same intensity and duration at the same time across all locations in Stanton. The minimum threshold for an extreme heat day in Stanton is 97.3°F. The minimum threshold for a warm night in Stanton is 68.4°F.36
PAST EVENTS
Local data from within Stanton is not available; however, nearby Daugherty Field at the Long Beach Municipal Airport has recorded weather data since 1949. The data indicates that the average maximum temperature for the area from all years between 1949 and 2016 is 83.9°F, occurring in the month of August. In addition, data from a weather station at the Santa Ana Fire Station also indicates an average maximum temperature of 84.7°F for the same time frame. Given that the minimum threshold for an extreme heat day in Stanton is 97.3 °F, it is rare that the temperature exceeds this threshold on a regular basis. Still, extreme heat events have occurred in the region, which occasionally impact the City. Some significant historic extreme heat events include:
36 Cal-Adapt. 2019. Extreme Heat Days & Warm Nights. https://cal-adapt.org/tools/extreme-heat/ FIGURE 3-9: NOAA’S NATIONAL WEATHER SERVICE HEAT INDEX
City of Stanton 2022 Local Hazard Mitigation Plan
46 • September 1963, the temperature reached 113°F at the now-defunct El Toro Air Force Base; the surrounding region was also hot, including coastal areas. Temperatures in Carlsbad and Oceanside reached 108°F. School children and employees were sent home due to the heat, and some agricultural crops were destroyed.
• April 1989, daily high-temperature records were set for all weather monitoring stations in Southern California. Los Angeles and Riverside set records at 106°F and 104°F, respectively.37 More recent extreme heat events have also affected the greater region surrounding Stanton:
• July 2018, extreme heat waves occurred throughout Southern California, including Stanton. The hottest day of the heat waves occurred on July 6, when temperatures reached 114°F in Santa Ana, CA. A second but less intense extreme heatwave occurred on July 25, where regional temperatures went above 100°F in places like Burbank. While local temperature data for Stanton is not available, the weather monitoring station at nearby Long Beach Airport indicates that the temperature reached 95°F that day.38˒
39 • October 23, 2017, Southern California experienced two extreme heat days. The weather monitoring station at nearby Long Beach Airport indicates that temperatures reached 105°F that day.40
RISK OF FUTURE EVENTS
The City has experienced an increase in extreme heat days over the past couple of years and has had cause to open cooling centers to aid some of the City’s more vulnerable populations that are affected. It can only be expected that they will continue into the future, largely in part due to climate change, as discussed in the next section.
CLIMATE CHANGE CONSIDERATIONS
The primary effect of climate change is warmer average temperatures. The warmest decade on record is 2011-2020, with the warmest three years on record occurring in 2016, 2019, and 2020. As climate change accelerates in the 21st century, it is anticipated that extreme heat events will become more frequent and intense in California, including Stanton. In Stanton specifically, the projected average number of extreme heat days per year could increase from 4 to 24, assuming global greenhouse gas emissions peak around 2040, then decline. If global greenhouse gas emissions continue to rise until 2100, the number of extreme heat days could increase to as many as 40 days per year. The number of warm nights could increase from 4 to 30, assuming an emissions peak and decline in 2040 but could increase to as many as 72 if emissions continue to rise until 2100.
37 National Oceanic and Atmospheric Administration. May 2017. “A History of Significant Weather Events in Southern California.” https://www.weather.gov/media/sgx/documents/weatherhistory.pdf 38 Climate Signals. December 2018. Southern California Heat Wave July 2018. https://www.climatesignals.org/events/southerncalifornia-heat-wave-july-2018 39 Weather Underground. 2019. Long Beach Airport, California – July 2018. https://www.wunderground.com/history/monthly/us/ca/long-beach/KLGB/date/2018-7 40 Weather Underground. 2019. Long Beach Airport, California – October 2017. https://www.wunderground.com/history/monthly/us/ca/long-beach/KLGB/date/2017-10 City of Stanton 2022 Local Hazard Mitigation Plan
47 FLOODING
DESCRIPTION
Flooding occurs when an area becomes inundated with more water than it can drain in a specified period of time. This can range from a small, confined area, such as a grassy field in a park that floods for a few hours after a rainstorm, to whole sections of a city, such as numerous streets becoming impassable with floodwaters. When floods are small, they may represent a minor inconvenience if recreational pathways and some curb cuts become flooded. These smaller instances of flooding where water collects into a pool of standing water are referred to as “ponding.” On the other hand, larger flood events can hamper a city’s operations. For example, when multiple streets flood simultaneously, it could prevent emergency workers from reaching victims in need of help. Flooding can also damage critical pieces of city infrastructure. For instance, unprotected electronic equipment can short-circuit if it meets water. This could lead to outages in street lighting, traffic signals, and city government computer systems. City-owned vehicles can be waterlogged and experience engine stalling if floodwaters are particularly high.
Flooding can result from multiple different causes. In Southern California, the primary cause of flooding is heavy rain that usually occurs in the winter. Most precipitation in California arrives either via atmospheric rivers or the ENSO cycle. Atmospheric rivers are channels of moist air located high in the atmosphere. The ENSO cycle is a regional meteorological phenomenon in the southern Pacific Ocean consisting of variations in ocean water and air temperature. These variations give rise to two distinct phases known as El Niño, the warm and wet phase, or La Niña, the dry and cold phase. When the El Niño phase is active, it can cause California to receive higher than normal precipitation levels. These higher-than-normal levels of rainfall can quickly overwhelm the capacity of certain sections of land to effectively drain the precipitation before the rainwater begins to pool. A failure in infrastructure may also cause flooding. For example, a water main or sewage pipeline that bursts could cause some degree of flooding if left uncontained for a significant period. A more serious infrastructure failure, such as the failure of dams, reservoirs, or levees, could cause extensive flooding. Please refer to the Dam / Reservoir / Levee Failure section of this chapter for more information on this type of hazard.
LOCATION AND EXTENT
The Federal Emergency Management Agency (FEMA) designates which areas in the United States are susceptible to flooding and how likely they are to experience flooding. FEMA uses a complex classification system to categorize the level of risk for each section of land, but the two most known measures of flood event likelihood are the 100-year flood and the 500-year flood. These designations do not refer to floods that occur every 100 or 500 years but rather refers to the likelihood of a flood occurring each year. For example, a 100-year flood is a flood that has a 1 in 100, or 1%, chance of occurring in any given year while a 500-year flood is a flood that has a 1 in 500, or 0.2%, chance of occurring in any given year. These measures of likelihood are combined with the specific geography of each locale to produce specific flood “zone” designations. Table 3-9 shows a detailed list of all the flood zone categories used by FEMA.
FEMA also uses Base Flood Elevation (BFE) to determine minimum depth of the floodwaters during one of these flood events. An area with a BFE of 3 feet, for example, means that area can expect to see a minimum floodwater depth of 3 feet with potentially additional depth in particularly severe flood events.
FEMA has designated all of Stanton as lying within Zone “X,” generally meaning that the City is not in danger of a 500-year flood. Given Stanton’s specific geography, however, FEMA has added additional City of Stanton 2022 Local Hazard Mitigation Plan
48 stipulations about the level of flood risk in the City. The Coyote Creek channel and levee on the western side of the City, for example, has effectively mitigated risk of a 100-year flood though it is still possible that the channel could overflow its embankments in an exceptionally powerful rainstorm. The section of the City east of Moody Street, being more distant from the Coyote Creek levee, has a slightly higher risk of flooding, with either a 500-year or 100-year flood event being possible but with no more than a maximum of a one-foot floodwater depth. Effectively, the City is protected against the risk of all but the most exceptional flood events. Figure 3-10 shows the areas in Stanton that are FEMA-designated flood zones. Ponding events occur on any flat surfaces where sufficient drainage is unavailable. This includes areas such as parking lots, landscaped areas or lawns, or roadways. Since ponding is so small in scale, it is impossible to predict exactly where it will occur in the City or how severe it will be.
City of Stanton 2022 Local Hazard Mitigation Plan
49 TABLE 3-9: FEMAFLOODPLAINZONES41
Zone Description
A Within a 100-year flood plain, but the water height of the 100-year flood is not known.
A1-30 or AE Within a 100-year flood plain and the water height of the 100-year flood is known.
AO Within a 100-year flood plain, and the water height of the 100-year flood is between one and three feet but not specifically known.
A99 Within a 100-year flood plain, protected by flood protection infrastructure such as dams or levees.
AH Within a 100-year flood plain, and the water height of the 100-year flood is between one and three feet and is specifically known.
AR Within a 100-year flood plain, protected by flood protection infrastructure that is not currently effective, but is being rebuilt to provide protection.
V Within a 100-year flood plain for coastal floods, but the water height of the flood is not known.
V1-30 or VE Within a 100-year flood plain for coastal floods and the water height of the flood is known.
VO Within a 100-year flood plain for shallow coastal floods with a height between one and three feet.
B Within a 500-year flood plain, or within a 100-year flood plain with a water height less than one foot (found on older maps)
C Outside of the 500-year flood plain (found on older maps) X Outside of the 500-year flood plain (found on newer maps) X500 Within a 500-year flood plain, or within a 100-year flood plain with a water height less than one foot (found on newer maps)
D Within an area with a potential and undetermined flood hazard.
M Within an area at risk of mudslides from a 100-year flood event.
N Within an area at risk of mudslides from a 500-year flood event.
P Within an area at risk of mudslides from a potential and undetermined flood event.
E Within an area at risk of erosion from a 100-year flood event. 41 “Section 64.3 Flood Insurance Maps.” Code of Federal Regulations, title 44 (2016): 287-288. https://www.govinfo.gov/content/pkg/CFR-2012-title44-vol1/pdf/CFR-2012-title44-vol1-sec64-3.pdf City of Stanton 2022 Local Hazard Mitigation Plan
50 FIGURE 3-10: FEMA FLOOD HAZARD ZONES
City of Stanton 2022 Local Hazard Mitigation Plan
51 PAST EVENTS
No significant flood event has been recorded in Stanton in recent years. During the LHMP creation process, City staff shared that there has been reoccurring flooding near Central Park, and the drainage channel along Western Ave has impacted properties, nearly inundating several homes in floodwater. Apart from these reoccurring instances, there are no records of other major flooding events in Stanton. However, significant flooding has occurred in neighboring communities and the surrounding region.
The following are some examples of significant historic flooding in the region: 42 • December 1861 to January 1862, there were 30 consecutive days of rain across all of Southern California from Los Angeles to San Diego. Thirty-five inches of rain fell in Los Angeles, causing mass flooding around the region’s rivers. Some rivers even changed course, such as the Los Angeles River, which shifted its mouth from Venice to Long Beach. In Orange County, the Santa Ana River swelled its banks on its course through Anaheim, creating a four-foot-deep layer of water that extended to the Coyote Hills in Fullerton. Twenty people were reported dead in Orange County. • New Year’s Eve, 1933 and New Year’s Day, 1934, an extraordinary amount of rain fell across the Southern California region. In Los Angeles, more than 7 inches fell within 24 hours, and 5 inches fell in nearby Buena Park on New Year’s Day. Forty-five deaths were reported across the region. • February to March of 1938, a weakened tropical
storm reached Southern California and dropped
11 inches of rain in Los Angeles and 30 inches in
some mountain areas. Flood control
infrastructure was overwhelmed with the surge
of water, and the Los Angeles, San Gabriel, and
Santa Ana Rivers flooded their banks. Two
hundred ten people were reported dead or
missing, forty-five of whom were reported from
Orange County.
• February 1983, heavy rain fell in Orange County,
leading to flooding of several streets. In Anaheim,
30 vehicles and a multi-family housing building
were damaged.
• April 1988, heavy rains led to flooding across Southern California, including Orange County. In Los Angeles, 26 motorists were injured in a major collision. Uprooted and felled trees caused power outages in the region when they tore down power lines as they fell.
RISK OF FUTURE EVENTS
Smaller instances of ponding occur at least annually or even multiple times a year in cities across Southern California during the winter when precipitation rises. During periods of drought, precipitation levels may decrease and similarly lower the likelihood of ponding. In most years, though, it is almost certain that Stanton will continue to experience some type of flood event in the future. Larger-scale flood events are 42National Oceanic and Atmospheric Administration. May 2017. “A History of Significant Weather Events in Southern California.” https://www.weather.gov/media/sgx/documents/weatherhistory.pdf Buena Park inundated with floodwatres as a result of the 1938 regionwide flooding.Image from Orange County
Historical Society.
City of Stanton 2022 Local Hazard Mitigation Plan
52 rare in Stanton and will continue to be rare due to the City’s protection by levee and other regional flood control infrastructure. During a particularly severe rainstorm or after a dam failure, however, it is possible that Stanton could experience some degree of large-scale flooding though the floodwaters are not anticipated to rise above one foot in depth. In the 1000-year flood scenario, an extremely rare flood event known as ARKstorm, Orange County would experience an estimated $50 billion in property damage, more damage than any other County in California.43
CLIMATE CHANGE CONSIDERATIONS
Climate change is expected to exacerbate the conditions that lead to urban flooding in Southern California and Stanton. Climate change will cause more intense local, regional, and global weather patterns, intensifying atmospheric rivers.44 At this time, it is unknown exactly how climate change will impact the frequency of ENSO, but it is anticipated that it will become more intense.45 Based on the atmospheric river and ENSO changes, precipitation in Southern California will increase in frequency and degree. This increases the likelihood of a particularly exceptional rain event in Stanton. One of these exceptional rain events could overwhelm the capacity of the region’s network of dams, levees, and watercourses to contain and drain all the precipitation that falls.
On the other hand, droughts are also expected to increase in length and frequency under climate change conditions. The soil dried by extensive drought periods isless able to absorb and drain water, which would likely exacerbate flood likelihood. Overall, climate change is expected to create conditions that will increase the likelihood of flooding in Stanton.
HAZARDOUS MATERIALS RELEASE
For the purposes of this profile, this section discusses all non-nuclear and non-radiological hazardous materials release events. Events relating to the release of radiological material were determined to not be relevant in this City.
DESCRIPTION
Hazardous materials release refers to a hazard event whereby harmful concentrations of hazardous or toxic substances are released into the environment. This occurs when storage containers of hazardous materials leak or fail. This can happen due to industrial accidents, vehicle crashes, as a direct result of other disasters (e.g., a flood or earthquake), or as a deliberate act.
The threat that hazardous materials pose to human health depends on the type of material, frequency, and duration of exposure, and whether chemicals are inhaled, penetrate the skin, or are ingested, among other factors. Exposure to hazardous materials can result in short- or long-term effects, including major damage to organs and systems in the body or death. Hazardous waste is any material with properties that make it dangerous or potentially harmful to human health or the environment. Hazardous 43 U.S. Department of the Interior, U.S. Geological Survey, Overview of the Arkstorm Scenario, by Keith Porter, et al., Open-file report 2010-1312 (Reston, Virginia, 2011), https://pubs.usgs.gov/of/2010/1312/of2010-1312_text.pdf 44 Thompson, A. February 2015. How Warming May Alter Critical ‘Atmospheric Rivers’. https://www.climatecentral.org/news/global-warming-atmospheric-rivers-18645 45 Cai, W., et al., “Increased variability of eastern Pacific El Niño under greenhouse warming.” Nature 564, no. 7735 (12 December 2018): 201-2016, doi: 10.1038/s41586-018-0776-9. https://doi.org/10.1038/s41586-018-0776-9 City of Stanton 2022 Local Hazard Mitigation Plan
53 materials can also cause health risks if they contaminate soil, groundwater, and air, potentially posing a threat long after the initial release.
LOCATION AND EXTENT
Hazardous materials and chemicals are used daily in
households and businesses throughout Stanton. In
addition to the locations of large chemical and
industrial factories, sources of hazardous materials can originate from seemingly harmless places such as
service stations, dry cleaners, medical centers, and
almost any industrial business. Hazardous waste can
take the form of liquids, solids, contained gases, or
sludge and can be the by-products of manufacturing
processes or simply discarded commercial products,
like cleaning fluids and pesticides.
In severe situations, Stanton may also be at risk of
hazardous materials release events on a regional level.
With the right prevailing wind conditions, airborne
toxic material could spread to and impact various parts of the City’s air basin.
Table 3-10 identifies 31 spill releases of hazardous
materials in Stanton that have been reported. Figure 3-11 identifies the locations within the City where hazardous materials are present, including Department of Toxic Substances Control (DTSC) Cleanup sites, Environmental Protection Agency (EPA) Regulated sites, and plugged wells. This also displays the CalEnviroScreen score for the residents in the city. CalEnviroScreen is a mapping tool that helps identify California communities that are most affected by many sources of pollution and where people are often especially vulnerable to pollution's effects. While there is no extent scale for hazardous materials release, the probability of an incident is anticipated to be occasional each year.
PAST OCCURRENCES
Stanton has experienced 8 significant hazardous spill release events of at least 100 gallons since 2010, the latest occurring in 2019. Table 3-11 highlights these events, which illustrate that all but three appear to have occurred due to accidents or equipment malfunctioning.
PROBABILITY OF FUTURE EVENTS
The majority of the significant release events within Stanton have occurred due to human error, malfunctioning equipment, or as a deliberate act. Given this, it is anticipated that future events within Stanton will include minor incidents similar to past occurrences as identified above.
CLIMATE CHANGE CONSIDERATION
Climate-related natural hazard events, such as an intense flood, could cause hazardous materials release associated with transportation crashes or damage to storage containers or vessels containing these substances. Climate-related hazards could also exacerbate the effects and impacts of such events. For example, heavier rains could lead to more runoff from a site contaminated with hazardous materials.
TABLE 3-10: STANTON SPILL RELEASE
REPORTING
Year Reported Release
2010 6
2011 3
2012 2
2013 3
2014 2
2015 2
2016 1
2017 3
2018 2
2019 1
2020 2
2021 4
Source: CalOES
City of Stanton 2022 Local Hazard Mitigation Plan
54 TABLE 3-11: MAJOR HAZARDOUS SPILL RELEASE EVENTSOF 100 GALLONS OR MORE Date Location Gallons Incident type
3/4/2010 8101 Cerritos Ave. 15,000 Sewage: Grease blockage flowed into catch basin 11/25/2010 10698 Bell 100 Sewage: Blockage caused an overflow 7/25/2011 10971 Katella Ave. 110 Petroleum: Transformer release due to third party collision
3/16/2012 10502 Magnolia Ave. 9,640 Petroleum: Exceeded Maximum Daily Concentration Limit
7/30/2012 Grand Oaks and
Cerritos
1,500 Sewage: Blockage in main sewer line
8/13/2013 8401 Industrial St. 275 Chemical: Polly tank ruptured 1/4/2017 12540 Beach Blvd. 500 – 1,000 Sewage: Private lateral blockage 8/29/2019 Dale Ave. at Monroe
Ave.
1,000 Sewage: Blockage in the main line
Data collected from: https://www.caloes.ca.gov/cal-oes-divisions/fire-rescue/hazardous-materials/spill-release-reporting City of Stanton 2022 Local Hazard Mitigation Plan
55 FIGURE 3-11: CALENVIROSCREEN SCORING ANDHAZARDOUS MATERIALS SITES IN STANTON City of Stanton 2022 Local Hazard Mitigation Plan
56 URBAN FIRE
DESCRIPTION
An urban fire is a fire that causes damage to buildings or infrastructure in an urbanized area. In some minor situations, the fire prompts the evacuation of the building’s occupants, and the fire is contained within a short amount of time by firefighting teams or the building’s fire suppression systems. In severe cases, the fire leads to the complete destruction of the building and can spread to other surrounding properties. Common causes of urban fires include stoves that are accidentally left on, short-circuited electrical equipment, or mishandling of household tools. Larger urban fires may be caused by breaches in gas pipelines, large transportation accidents, or downed electrical transmission wires. Fires may also be intentionally started by arsonists.
LOCATION AND EXTENT
Most of Stanton’s buildings consist of wooden-frame construction, which is susceptible to catching fire. Even structures that do not have wooden frames, such as large medical facilities or office towers, are at risk of urban fires. These locations contain furniture, papers, plant material, textiles, and other objects that can be ignited. Given that a very large portion of Stanton is developed, urban fires can occur at any location in the City since any one of these structures has the potential to burn.
Fires are also likely to occur where significant pieces of infrastructure are located, such as gas pipelines, power lines, or highways. SoCalGas operates large high-pressure gas pipelines that run underneath streets and sidewalks of the City. If a pipeline were to breach and the released gas ignites, any structures located along the extent of the breach would likely catch fire. SoCal Edison owns and operates aboveground, high-voltage transmission lines strung from towers on a right-of-way through the City. While there are no structures directly beneath the towers in the utility right-of-way, several trees and an extensive lawn could ignite if a downed power line encountered them. If this landscaped space caught fire, it could spread to surrounding homes and buildings if hot cinders from the fire came in contact with the buildings. State Route 39 (Beach Boulevard) also runs through the City and carries thousands of vehicles every day. If a major transportation accident were to occur on this highway, it could potentially cause a fire. Given that the highway is non-flammable, it is anticipated that a fire that begins on the highway would most likely be contained to the highway. It is possible that an intense fire on this highway could spread to nearby houses and neighborhoods that run along Beach Boulevard.
A fire can only ignite if there are three elements present: heat, fuel, and oxygen. If any one of these elements is removed, the fire will extinguish itself. In Stanton, there is abundant fuel given the thousands of structures and flammable objects that are contained in each of them. Oxygen is nearly always present in most situations. Activity that creates intense heat that is unmonitored or unregulated may lead to the ignition of a fire. The National Institute of Fire and Technology has developed a scale that measures the increase in temperature and the kind of fire response that develops. Table 3-12 shows the progression of temperature relative to fire response.
Once a fire has been ignited, it could conceivably grow to an indefinite size if abundant fuel and oxygen are available. For example, a fire that ignites in one house could hypothetically continue to expand and even spread to other adjacent houses if there was enough fuel to link the structures together. Fires in confined spaces may occasionally burn so intensely that they consume all the oxygen available to them City of Stanton 2022 Local Hazard Mitigation Plan
57 and burn out before expanding.
TABLE 3-12: FIRE SUSCEPTIBILITYBASED ON TEMPERATURE INCREASE Temperature (°F) Response
98.6 °F Average normal human oral/body temperature.
101 °F Typical body core temperature for a working fire fighter. 109 °F Human body core temperature that may cause death. 111 °F Human skin temperature when pain is felt.
118 °F Human skin temperature causing a first-degree burn injury. 130 °F Hot water causes a scald burn injury with 30 second exposure. 131 °F Human skin temperature with blistering and second-degree burn injury. 140 °F Temperature when burned human tissue becomes numb. 162 °F Human skin temperature at which tissue is instantly destroyed. 212 °F Temperature when water boils and produces steam. 482 °F Temperature when charring of natural cotton begins. >572 °F Modern synthetic protective clothing fabrics begin to char. ≥752 °F Temperature of gases at the beginning of room flashover. ≈1832 °F Temperature inside a room undergoing flashover.
PAST EVENTS
Like most other cities in the surrounding area in Orange County, Stanton has experienced urban fires.
Some examples of urban fires in Stanton and the region include:
• Stanton, CA: July 18, 2021, Firefighters were called to a fire reported at a duplex. They found and rescued an unconscious man and his dog. The man was taken to the hospital in critical condition; his dog was left in the care of neighbors. Firefighters were able to douse the blaze before it got out of control and spread to other homes.46
• Stanton, CA: May 3, 2021, Firefighters were called to combat a structure fire at an auto repair shop on Beach Blvd. Once the blaze was extinguished, firefighters found the remains of a single deceased individual inside the structure.47
• Fullerton, CA: An unknown serial arsonist started a series of 15 fires in trash bins and dumpsters throughout Fullerton across a five-month period from 2016 to 2017. Nobody was injured, and no 46 Licas, Eric, https://www.ocregister.com/2021/07/18/man-in-critical-condition-after-rescue-from-duplex-fire-in-stanton/ 47 Fausto, Alma. https://www.ocregister.com/2021/05/03/1-person-found-dead-after-firefighters-extinguish-stanton-autoshop-fire/ City of Stanton 2022 Local Hazard Mitigation Plan
58 significant property was destroyed, though some of the containment sheds for the dumpsters were burned.48
• Seal Beach, CA: The retirement community
of Leisure World has experienced numerous
fires within the last ten years. A carport
caught fire in 2017, destroying eight
vehicles and resulting in
property damages worth $220,000. In
2014, five homes in the community caught
fire and caused damages worth an
estimated $1 million. In both instances,
there were no fatalities.49
• Buena Park, CA: In 2017, An OCFA fire
station near the theme park of Knott’s Berry
Farm caught fire in the early morning
resulting in the destruction of firefighting equipment worth $1.5 million, including a 100-foot fire engine, an SUV, and two swift-water emergency vehicles. Nobody was harmed by the fire. The cause of the fire was uncertain, but it is suspected that the building’s age was a contributing factor.50
• Anaheim, CA: In April 1982, numerous homes and multi-family housing units caught fire, causing damages worth $18.5 million and displacing 1,288 residents. The fire ignited in a palm tree after it repeatedly encountered a power line. The blaze eventually spread to surrounding buildings because of the intense Santa Ana winds.51
RISK OF FUTURE EVENTS
If the conditions for an urban fire exist in Stanton, the City will forever be at risk of experiencing an urban fire event. It is impossible to predict the precise likelihood of an urban fire emerging in the City, given how each fire event has unique origins. Some areas, however, are at an increased risk of an urban fire igniting, including the buildings along the SoCalGas pipeline’s course through the City, the Greenbelt along the SoCal Edison right-of-way, and the properties along State Route 91. Given that no records of urban fire outbreaks in Stanton could be found, the overall likelihood of an urban fire starting in Stanton is exceptionally low.
48 CBS Los Angeles. February 2017. 4 Early Morning Fullerton Fires Likely Linked to Arson Spree, Policy Say. https://losangeles.cbslocal.com/2017/02/07/4-early-morning-fullerton-fires-likely-linked-to-arson-spree-police-say/ 49 Fausto, A. July 2017. “Fire at Leisure World in Seal Beach destroys 7 cars 1 golf cart.” OC Register. https://www.ocregister.com/2017/07/03/fire-at-leisure-world-in-seal-beach-destroys-7-cars-1-golf-cart/ 50 Sudock, J. and Whitehead, B. January 2017. “Fire at fire station near Knott’s destroys 4 fire vehicles, including $1 million aerial truck. OC Register. https://www.ocregister.com/2017/01/13/fire-at-fire-station-near-knotts-destroys-4-fire-vehicles-including1-million-aerial-truck/ 51 Murphy, K. September 1985. “Anaheim Settles with Victims of 1982 Firestorm.” Los Angeles Times. https://www.latimes.com/archives/la-xpm-1985-09-12-me-21107-story.html Aftermath of an OCFA fire station after it caught fire and burned in Buena Park. Image from the Orange County Register.
City of Stanton 2022 Local Hazard Mitigation Plan
59 CLIMATE CHANGE CONSIDERATIONS
While climate change has been linked to a potential increase in wildfire events, it is not clear exactly how climate change could influence the ignition or behavior of urban fires in Stanton.
City of Stanton 2022 Local Hazard Mitigation Plan
60 FIGURE 3-12: FIRE HAZARD SEVERITY ZONES IN STANTON
City of Stanton 2022 Local Hazard Mitigation Plan
61 DAM FAILURE
DESCRIPTION
Dam, reservoir, and levee failure can result from several causes such as earthquakes, rapidly rising floodwaters, and structural design flaws. These hazards can occur instantaneously or very gradually, depending on the source of the failure. Inundation associated with these events has the potential to cause loss of life, damage to property, and other ensuing hazards, as well as the displacement of persons residing in the inundation path.
LOCATION AND EXTENT
Inundation from Prado Dam could potentially result in the flooding of Stanton in the event of failure.
Prado Dam is located approximately 27 miles east of the City, along the Santa Ana River in Riverside County. This dam facility poses the greatest risk to the City (and a majority of northern Orange County); due to its size and the amount of water impounded at full capacity. In the event of dam failure, the flood wave would take 6.5 hours to reach Stanton and be around four feet deep. Inundation from this facility would affect the entire City. Prado Dam is under the jurisdiction of the United States Army Corps of Engineers (USACOE) and, therefore, is subject to its Dam Safety Action Classification scale, a rating system that identifies the relative safety ratings of these facilities, displayed in Table 3-13. Dams that could impact Stanton have been identified in bold within this table. Figure 3-13 identifies the potential inundation areas that could impact the City of Stanton. This figure shows the areas downstream that would be inundated by an unintentional breach from a dam’s reservoir. The areas that could flood in the case of a dam breach are not necessarily the same areas that could be inundated by a 100-year or 500- year flood.
LOCALIZED FLOODING CONCERNS
Localized flooding is of concern within the City. Stanton is a relatively flat City, with several storm drains that traverse the City and eventually reach the Pacific Ocean. While these facilities can convey drainage, localized flooding could still impact neighborhoods within the City. Concern for flooding in Central Park and along the drainage of Western Ave are the areas identified by city staff.
PAST EVENTS
While California’s dam infrastructure is recent in the state’s history, there have already been major catastrophic dam failure events. One of the earliest in Southern California was the failure of the San Francisquito Canyon Dam. The dam experienced a structural failure because of insufficient geotechnical engineering by the then-Los Angeles Bureau of Water Works and Supply. At midnight on March 13, 1928, the 205-foot-tall structure gave way, unleashing a 120-foot-high wave of water traveling 18 miles per hour down the canyon. By 5:30 AM, the wave had traveled 54 miles from the dam site to the Pacific Ocean, killing at least 438 people, razing towns, and destroying infrastructure. It was reported that victims' bodies were recovered from the ocean as far south as the Mexico border. The disaster is considered one of the worst engineering failures in US history.52 52 Riley, K. March 2018. 90 Years Later, The St. Francis Dam Failure Remains A Vital Safety Lesson. Association of State Dam Safety Officials. https://damsafety.org/article/awareness/90-years-later-st-francis-dam-failure-remains-vital-safety-lesson City of Stanton 2022 Local Hazard Mitigation Plan
62 TABLE 3-13: DAM SAFETY ACTION CLASSIFICATION (DSAC) RATINGS Numeral Rating Name Description USACOE Los Angeles
District Dams
I Urgent and
Compelling
(Unsafe)
Dams where progression toward failure is
confirmed to be taking place under normal
operations, and the dam is almost certain to
fail under normal operations within a time
frame from immediately to within a few
years without intervention; or the
combination of life or economic
consequences with probability of failure is
extremely high.
Whittier Narrows Dam
II Urgent (Unsafe or
Potentially Unsafe)
Dams where failure could begin during
normal operations or be initiated as the
consequence of an event. The likelihood of
failure from one of these occurrences prior to
remediation is too high to assure public
safety, or the combination of life or economic
consequences with probability of failure is
very high.
Prado Dam, Lopez Dam,
San Antonio Dam, Santa Fe
Dam, Corona National
Housing Dike and Corona
Sewer Treatment Dike,
and Carbon Canyon Dam
III High Priority
(Conditionally
Unsafe)
Dams that have issues where the dam is
significantly inadequate or the combination
of life, economic or environmental
consequences with probability of failure is
moderate to high.
Brea Dam, Haines Canyon
Debris Dam, Hansen Dam,
Painted Rock Dam, and
Sepulveda Dam
IV Priority (Marginally
Safe)
Dams are inadequate with low risk such that
the combination of life, economic or
environmental consequences with a
probability of failure is low, and the dam may
not meet all essential USACE engineering
guidelines.
Alamo Dam, Fullerton Dam,
Mathews Canyon Dam,
Mojave Dam, Pine Canyon
Dam, and Whitlow Ranch
Dam
V Normal
(Adequately Safe)
Dams considered adequately safe, meeting
all essential agency guidelines, and the
residual risk is considered tolerable.
None
Another, more recent dam failure in the region occurred at the Baldwin Hills Dam. On December 14, 1963, a structural failure in the dam caused a breach that unleashed 250 million gallons of reservoir water.
Diligent work by maintenance crews detected the developing failure in the dam four hours before it breached. With the cooperation of local law enforcement, they were able to successfully evacuate and save nearly 1,500 people downstream from the reservoir. Five lives were lost in the ensuing wave of water, 65 homes were destroyed, and nearly $11 million worth of property damage was incurred. The Baldwin Hills Dam was not rebuilt and is now a grassy basin in Kenneth Hahn Park, which is why it is not listed in Table 3-13.
53 53 The Center for Land Use Interpretation. nd. Baldwin Hills Dam Failure Site. http://clui.org/section/baldwin-hills-dam-failuresite City of Stanton 2022 Local Hazard Mitigation Plan
63 FIGURE 3-13: PRADO DAM INUNDATION AREAS
City of Stanton 2022 Local Hazard Mitigation Plan
64 The most recent incident in California is the Oroville Dam spillway failure that occurred in February 2017.
The failure in the concrete chute caused a 60-foot-deep hole to develop in the lower third of the primary spillway because of normal operations undertaken to lower the reservoir in advance of a moderately large storm. A subsequent storm in the days after the initial incident and the inability to fully use the primary spillway led to the filling of the reservoir and the use of its unlined (natural) emergency spillway for the first time ever. After two days of usage causing erosion of the unlined hillside and head cutting (erosion upstream towards the earthen dam), concerns regarding the stability of the emergency spillway caused an evacuation of nearly 200,000 people downstream, prompting both immediate repairs and a reevaluation of this dam facility and many others throughout the State of California since.54 Near Stanton, only one dam incident has occurred, which involved an extensive episode of winter rains in 2005 inundating the Brea Dam reservoir, causing water to spill over its crest. The Fullerton Golf Course and sections of Bastanchury Road were flooded with water, but no lives were lost. The golf course was damaged, and the floodwaters eroded an adjacent storm channel. 55 RISK OF FUTURE EVENTS
Due to the looming presence of Prado Dam and the potential danger that it poses, the City could be at risk of inundation in the case of a significant dam failure. Potential consequences of dam failure are death or injury, people displaced from their homes, damage to existing public and private buildings, damage to infrastructure, loss of services from utilities, loss of government services, and economic losses. The US Army Corps of Engineers (USACE) evaluates, and rates dams based on confirmed or unconfirmed safety issues, probability of failure, and the potential consequences.
Prado Dam is an earth-filled dam built in 1941 by the Army Corps of Engineers on the Santa Ana River near the City of Corona in Riverside County. It is the primary flood control facility of the Santa Ana River watershed and has an area of more than 11,500 acres. The Army Corps of Engineers
Dam Safety Program has recently re-rated the dam to be a high urgency (DSAC Rating II); it was scheduled to undergo modification to the existing spillway in 2021 to address safety concerns. Currently, this project has not been
completed. Another project behind the dam is the Alcoa
Aluminum Plant Dike, which is anticipated to protect
several neighboring properties along Rincon Road in the City of Corona from a 190-year flood event.
Generally, there is water impounded behind the dam during most of the year, but the reservoir can be empty during drought events.
56 54 California Office of Emergency Services. 2018. California State Hazard Mitigation Plan. https://www.caloes.ca.gov/cal-oesdivisions/hazard-mitigation/hazard-mitigation-planning/state-hazard-mitigation-plan 55 Rancho Santiago Community College District. nd. Part IV-D – Dam Failure. https://rsccd.edu/Departments/RiskManagement/Documents/Risk%20Management/IV-D%20Dam%20Failure.pdf 56U.S. Army Corps of Engineers Los Angeles District. May 2019. Corps reclassifies Prado Dam, implements risk-reduction measures. https://www.spl.usace.army.mil/Media/News-Releases/Article/1849301/corps-reclassifies-prado-dam-implementsrisk-reduction-measures/ City of Stanton 2022 Local Hazard Mitigation Plan
65 CLIMATE CHANGE CONSIDERATIONS
Climate change could increase the risk of a dam failure in the future. More intense rainstorms may increase the likelihood of reservoir infrastructure becoming overwhelmed, including the dams that control floodwaters from inundating Stanton and the rest of Orange County. Indirectly, increased climate changeinduced rains may cause more erosion, which could compromise the dam's structural integrity or the foundation it sits on.
City of Stanton 2022 Local Hazard Mitigation Plan
66 CHAPTER 4 – THREAT AND VULNERABILITY
THREAT ASSESSMENT PROCESS
The threat assessment process looks at the harm that Stanton may experience from a hazard event but does not consider its likelihood, so it gives equal consideration to hazards that are more likely (e.g., earthquakes, drought) as well as hazards that are less probable (e.g., urban fire, dam failure). Each hazard event that may cause harm to the City is discussed in three different areas: the physical threat to Critical Facilities (CFs) and Facilities of Concern (FOC), the social threat to vulnerable populations, and the threat to any other assets that may be affected.
Critical Facilities and Facilities of Concern
Critical facilities consist of properties and structures that play important roles in government operations and their services to the community. Examples of CFs include local government offices and yards, community centers, public safety buildings like police and fire stations, schools, and any other properties a city has deemed essential for its operations. Critical Facilities may also serve dual roles if a city designates them as public assembly points during an emergency. The City often owns CFs, but many are also owned and operated privately, such as some utilities and telecommunication infrastructure.
The Hazard Mitigation Planning Committee identified 17 CFs and 16 FOCs in Stanton that fall into 3 different categories based on their function or characteristics. Table 4-1 shows the number of CFs and FOC in each category, the total estimated value of the facilities in each category, and examples of the facilities in each. Appendix D has a complete list of the CFs and FOC.
The potential loss value is the total insured value of the CFs that fall within the hazard zone. It is intended to provide the ballpark estimate of replacement cost if the property is completely or severely damaged.
The actual repair costs could be smaller or larger than the provided estimate. The data relies on the City’s Insured Asset Values, and therefore, information for facilities not owned by the City are not shown (e.g., bridges, private buildings). In some instances, replacement cost information was not made available.
Where this occurs, “N/A” has been used within the table. Based on the available data provided by the City, there is a minimum of $34,745,096 worth of City-owned assets. The greatest potential for loss among the City-owned assets comes from the City Facilities category, including City Hall, Fire, and Police Stations located in the City. The next category with the greatest potential for loss is the Park Facilities, including Stanton Central Park and the multitude of other city parks. To better understand the magnitude of impacts, this plan identifies representative percentages of potential impact based on the total valuation of City assets. For planning purposes, we identified different tiers of potential impact. It is reasonable to assume that impacts would not exceed 50% of the total asset value city-wide. The following are parameters to help understand how much a proposed investment/improvement compares to the existing assets within the City:
• 1% Impact - $347,450
• 5% Impact - $1,737,254
• 10% Impact - $3,474,509
• 20% Impact - $6,949,019
• 50% Impact - $17,372,548
City of Stanton 2022 Local Hazard Mitigation Plan
67 The likelihood that all facilities are completely damaged simultaneously is extremely remote. Most impacts are anticipated to be isolated to certain locations based on the hazard. This estimate does not include the value of underground infrastructure and surface drainage facilities owned and operated by the City.
TABLE 4-1: CRITICAL FACILITIES AND FACILITIES OF CONCERN Category Number of Facilities Potential Loss
Critical Concern
City Facilities (City Hall, Fire, Police) 17 1 $30,926,200 Community Centers 0 2 $1,089,200
Park Facilities 0 13 $2,729,696
Total 17 16 $34,745,096
* Potential loss data are estimates only, as replacement values for some facilities were not available. Actual losses may be greater than the estimate presented in this table.
Vulnerable Populations
Factors such as age, physical and/or mental condition, socioeconomic status, access to key services, and many other factors affect the ability of people to prepare for and protect themselves and their property from a hazard event. Even though some hazard events may impact all parts of Stanton equally, different people may experience the impacts differently. Higher-income households, for instance, are likely more able to afford the cost of retrofitting their homes to resist flooding or move to a location that is less prone to flooding than a lower-income household. As a result, the higher-income household is less likely to experience significant damage during a flood event than the lower-income household, even if the same amount of rain falls on both.
A social threat analysis examines the ways hazard events are likely to impact different demographic populations in Stanton and where these different demographic populations live in the City. This includes assessing whether the people in an area of an elevated hazard risk are more likely than the average person to be considered a threatened population. The social threat analysis uses the following criteria to assess the threat to vulnerable populations:
• Disability status: Persons with disabilities may often have reduced mobility and experience difficulties living independently. As a result, they may have little or no ability to prepare for and mitigate hazard conditions without assistance from others. • Income levels: Lower-income households are less likely to have the financial resources to implement mitigation activities on their residences. They may also struggle with having the necessary time to find and access educational resources discussing hazard mitigation strategies.
Furthermore, lower-income households are less likely to afford to move to safer areas or less at risk of being impacted by a hazard. The national poverty limit standard for the U.S. for a four- City of Stanton 2022 Local Hazard Mitigation Plan
68 person family is approximately an income of $26,500 or less. For Orange County, the FY 2020 LowIncome Limits for a four-person family, according to Housing and Urban Development (HUD), is $102,450.
• Seniors (individuals at least 65 years of age): Seniors are more likely to have reduced mobility, physical and/or mental disabilities, and lower-income levels, all of which may decrease their ability to prepare for and mitigate a hazard event.
Table 4-2 shows the amounts of people in Stanton who meet at least one of the criteria for threatened, vulnerable populations. The data used is based on 2021 ACS projections data. It will differ slightly from the demographics data in Chapter 2 as that data is based upon 2015-2019 ACS U.S. census survey data.
TABLE 4-2: STANTON THREATENED-POPULATION METRICS 57
Threatened Population Metrics Community-Wide Data
Population 42,115
Households 11,399
Median household income $63,681
Renter Households 50.2%
Percentage of households with at least one person living with a disability 26.6% Percentage of households living under the poverty limit 15.5% Percentage of households with one member aged 65+ 30.8% The social threat analysis also shows the threat other populations may encounter, such as persons experiencing homelessness or persons without access to lifelines (vehicles or communication networks).
Since data for these groups are not readily available, there is no definitive way to determine the amount of these persons in areas of elevated risk, so this assessment will discuss how these other threatened groups may also be affected on a general level.
Data Limitations and Notes on Vulnerability Tables
Due to data limitations, the data comparing the hazard zone population with the Citywide population comes from two separate sources. The Citywide data comes from the US Census Bureau’s American Community Survey, and the hazard zone population data comes from ESRI’s Business Analyst reports. As a result, there may be minor discrepancies in comparing the two data sets. The data that should be considered correct for this plan is the ACS data reported in Chapter 2.
OTHER ASSETS
In addition to the City’s designated inventory of CFs/FOC and vulnerable populations, hazard events could threaten other important assets to Stanton. These assets may include services, artistic or cultural 57 US Census Bureau, American Community Survey, 2015-2019 5-Year Estimates. 2019. “Table DP03: Selected Economic Characteristics in the United States.”
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_17_5YR_DP03&prodType=table City of Stanton 2022 Local Hazard Mitigation Plan
69 landmarks, or local economic activities. The threat assessment describes the potential harm to these other assets based on available information.
THREAT PROFILES
Seismic Hazards
PHYSICAL THREAT
Seismic Shaking
Many physical assets in the City are estimated to experience the same seismic shaking intensity, ranging from .75g to .85g (shaking intensity in relation to earth’s gravity). Therefore, all facilities could potentially be damaged during a significant seismic event, which would likely be extremely costly for the City. If all facilities were to be damaged at the same time during a seismic shaking event, it can be assumed that the City would incur a percentage of the maximum potential loss of its physical assets. Assuming 20% of the City’s assets are impacted, this potential loss could equate to approximately $5.6 million. Underground physical assets, like pipelines or utilities, could be damaged if the intensity of the seismic shaking is severe enough. In such a scenario, natural gas and water delivery service to Stanton homes and businesses would be out of commission until repairs are completed. Table 4-3 data analysis shows that 17 CFs and 16 FOCs could be affected by a seismic shaking event, with approximately $34.7 million in potential loss to the city.
Figure 4-1 displays the locations of those mapped CFs and FOCs that could potentially be impacted by a seismic shaking event in the City.
TABLE 4-3: CRITICAL FACILITIES AND FACILITIES OF CONCERN (SEISMIC SHAKE 0.75 TO 0.85G) Category Number of Facilities Potential Loss*
Critical Concern
City Facilities (City Hall, Fire, Police) 17 1 $30,926,200 Community Centers 0 2 $1,089,200
Parks 0 13 $2,729,696
Total 17 16 $34,745,096
* Based on the City of Stanton insured replacement values Liquefaction
Due to the City’s location near so many potentially active faults capable of generating large earthquakes, the potential for CFs and FOC to be affected by liquefaction is a concern. Like the other northwestern cities in Orange County (Cypress, Los Alamitos, Seal Beach, Seal Beach, and La Palma), Stanton is located in a geographical area where the soil makeup (sandy alluvial soils and sandy loams) is conducive to liquefaction hazards. According to city staff, the City’s public works corporate yard has been sinking approximately an inch annually due to the effects of liquefaction. Table 4-4 identifies the CFs and FOCs located within these areas, accounting for approximately $34.7 million in potential losses affecting a total of 17 CFs and 16 FOCs in the City. Figure 4-2 displays the locations of the mapped CFs and FOCs within the City located in liquefaction areas.
City of Stanton 2022 Local Hazard Mitigation Plan
70 TABLE 4-4: CRITICAL FACILITIES AND FACILITIES OF CONCERN (LIQUEFACTION) Category Number of Facilities Potential Loss*
Critical Concern
City Facilities (City Hall, Fire, Police) 17 1 $30,926,200 Community Centers 0 2 $1,089,200
Parks 0 13 $2,729,696
Total 17 16 $34,745,096
* Based on the City of Stanton insured replacement values City of Stanton 2022 Local Hazard Mitigation Plan
71 FIGURE 4-1: CRITICAL FACILITIES AND FACILITIES OF CONCERNLOCATED WITHINSEISMIC SHAKING AREA
City of Stanton 2022 Local Hazard Mitigation Plan
72 FIGURE 4-2: CRITICAL FACILITIES AND FACILITIES OF CONCERN LOCATED WITHIN LIQUEFACTION ZONES
City of Stanton 2022 Local Hazard Mitigation Plan
73 SOCIAL THREAT
Seismic Shaking
Seniors, pregnant women, and persons with disabilities are more threatened by seismic shaking since they may have limited mobility and may not reach shelter in time. Even if these groups reach shelter in time, they may find themselves trapped if furniture or building components have fallen around them. Renters and low-income persons are also more threatened by seismic shaking since these groups may live in homes that are not properly retrofitted to survive the stresses of a seismic event. These groups may not be able to absorb the costs associated with repairing their homes or looking for new housing should their existing housing be too damaged for occupancy. Table 4-5 compares the populations within the seismic shaking hazard zones with citywide populations. Of the approximately 42,115 residents of Stanton, roughly 1,720 residents live within the 0.75g seismic shake zone, while the remaining 40,395 live within the 0.75-0.85g seismic shake zone. The table breaks the areas into two (2) groups, those located within the seismic shake 0.75g threshold area and those located within the seismic shake 0.75-0.85g threshold area. Households located in these areas have a median household income of approximately $2,432 (0.75g area) and $113 (0.75-9.85g area) less than the Citywide median of $63,681. Persons living with a disability in the 0.75g area (32.1%) is higher than the City average, while those living in the 0.75-0.85g area is slightly lower (26.3%) than the City average of (26.6%). The same can be said for the percentages of households living with a member aged 65+, 0.75g area is higher (43.5%) than the City percentage of (30.8%) while those in the 0.75-0.85g area is slightly lower at (30.3%).
Liquefaction
The entire City’s population is located within a designated zone of liquefaction. Thankfully, much of the construction throughout the City over the years has considered liquefaction. Newer buildings constructed in these areas are anticipated to contain moderate and high-income tenants with greater amounts of disposable income to use during recovery after an incident. However, lower-income residents and residents located in areas of older construction may be impacted greater due to the lack of financial resources needed to make repairs and/or the cost associated with retrofitting older buildings.
TABLE 4-5: SEISMIC SHAKE HAZARD THREATENED POPULATIONS
Threatened Population Metrics Seismic Shake
0.75 Seismic Shake
0.75 to 0.85
City of Stanton
Population 1,720 40,395 42,115
Households 422 10,977 11,399
Median household income $61,249 $63,794 $63,681
Renter Occupied Households 44.8% 50.5% 50.2%
Percentage of households with at least one
person living with a disability
32.1% 26.3% 26.6%
Percentage of households living under the
poverty limit
10.6% 15.7% 15.5%
Percentage of households with one-member
aged 65+
43.5% 30.3% 30.8%
City of Stanton 2022 Local Hazard Mitigation Plan
74 Table 4-6 compares the populations within the liquefaction hazard zones with citywide populations. Since the entire city is located in a liquefaction hazard zone, there is nothing to compare.
OTHER THREATS
Seismic Shaking
As early earthquake warning systems become operational soon, it can be expected that utilities will take advantage of these warnings to shut off gas, water, and power transmission to control any potential leaks following the event. Authorities may have enough time to halt the use of bridges or move workers to a safe distance away from hazardous locations. Workers will cease their activity and take shelter until they can be safely evacuated. Therefore, all services will be non-operational during the seismic shaking and remain inactive until authorities are confident that it is safe to reactivate utilities and return employees to their workplaces. The length of this time would vary depending on the magnitude of the event. A significant earthquake would likely put utilities out of commission and halt any employment activity in the City for a few hours or several days. The City and the region would lose the economic activity that normally occurs. Like telephone poles or power transmission towers that are felled by the shaking, structures could block roadways and prevent first responders from reaching victims or evacuees who need assistance.
Liquefaction
Services and mobility may be disrupted during and following a liquefaction event. Sidewalks, roadways, and pipelines may become fractured and disjointed because of the liquefying soils. Roads and sidewalks may be usable in some form, but a severe liquefaction event may render them impassible until they are repaired. Broken gas and water pipelines would result in utility outages, with services delayed until this infrastructure is repaired/replaced. Damage to power lines is unlikely since they are not rigid structures and can move if any transmission towers experience slight leaning. Homes and mid-rise office buildings may be damaged if the soils beneath lose strength, rendering these locations unsafe for occupancy.
Power Failure
PHYSICAL THREAT
Power shortages throughout the City can affect any CF or FOC at any time. Traffic control infrastructure, communications networks, and emergency services are just a few critical services/infrastructuresthat can TABLE 4-6: LIQUEFACTION HAZARD THREATENED POPULATIONS
Threated Population Metrics Liquefaction
Zones
City of Stanton
Population 42,115 42,115
Households 11,399 11,399
Median household income $63,681 $63,681
Renter Occupied Households 50.5% 50.5%
Percentage of households with at least one person living with a disability
26.2% 26.2%
Percentage of households living under the poverty limit 15.5% 15.5% Percentage of households with one member aged 65+ 30.8% 30.8% City of Stanton 2022 Local Hazard Mitigation Plan
75 be disrupted during a power outage. Facilities such as police stations and fire stations are equipped with backup generators to ensure continuity of operations in the event of power outages; however, generators can sometimes fail. In addition, physical damage to systems could result from intermittent or unexpected power loss that damages electrical and computer equipment. These events could result from maintenance, isolated power outages due to equipment failure, or loss of power from infrastructure (powerlines, powerplants, transformers, sub-stations) failure.
SOCIAL THREAT
Persons with health issues are more vulnerable to this hazard since they may rely on medical equipment that requires the use of power. Vital medical treatments such as dialysis are at risk of being canceled or postponed if a medical facility does not have enough backup generator power to conduct appointments.
If the power outage occurs during the warmer months, young children, the elderly, or people suffering from serious medical conditions are more vulnerable to heat-related complications if they are unable to relocate to a cooler location. Additionally, lower-income residents may be affected if the power outage lasts for an extended amount of time, as they may not be able to afford to replace the food spoiled from the loss of refrigeration.
OTHER THREAT
Power loss events can cause significant damage to equipment and infrastructure. With older structures, electrical wiring and outlets may not meet current building code requirements, which could become damaged during power surges or damage the devices connected to them. In addition, many businesses and residents may not use proper equipment to help prevent power surges or power loss, which can impact the functions and operations of businesses, City services, or affect residents in negative ways.
Given the potential for future power loss events, protective measures (improved outlets, ground fault circuit interceptor outlets, surge protectors, and backup battery (uninterruptible power supply) technologies should be promoted in any retrofits and improvements within the City. Current and future climate change mitigation and adaptation efforts in Stanton should prioritize energy efficiency measures, generate energy locally from clean and renewable sources, and build reliability & redundancy using the latest technologies in energy storage and backup systems.
Drought
PHYSICAL THREAT
Since the primary threat from drought is reduced water supply and availability, there are no foreseeable threats to any of the physical assets in the City. Most of the City’s water comes from local groundwater sources, which are drought resilient. It is possible that any water delivery infrastructure that is not used or used less than usual may fall into some degree of disrepair if maintenance is deferred. Lower water pressures may cause some aged water pipes to release rust particles into the water supply.
SOCIAL THREAT
Droughts are unlikely to cause serious social threats to households in Stanton, though residents and business owners in the City may experience financial impacts associated with water conservation efforts.
Those with less access to financial resources, such as low-income households or seniors, could be harder hit if higher water rates or additional fees are imposed during a severe drought event.
City of Stanton 2022 Local Hazard Mitigation Plan
76 OTHER THREATS
A typical drought is not anticipated to lead to any outages in service in Stanton. However, an exceptional drought may lead to restricted water use for residents or businesses in the City. Trees that are not adequately adapted to lower irrigation levels could perish, which would alter the City’s aesthetic appearance. Please refer to the Tree Mortality discussion under Diseases and Pests for more specific information on tree health. Any open spaces with extensive lawns may start to die, turning brown in color, which could discourage residents from using these parks and open spaces.
Extreme Heat
PHYSICAL THREAT
Very high temperatures can cause roads to deform and buckle as the concrete expands in the heat, especially weaker spots in the pavement, such as areas that have not been maintained well. Power lines and other sections of the electrical grid are less effective in higher temperatures and may suffer damage due to stress during extreme heat events.
Buildings with dark materials and pavements will absorb more heat than vegetated surfaces or lighter materials, which are better at reflecting the sun’s energy. This urban heat island effect is strongest during hot periods when the sun is strongest.
SOCIAL THREAT
Whereas a heat event can be relatively harmless for those with a reliable means for staying hydrated and cool, it can be deadly for others. Young children, the elderly, or people suffering from serious medical conditions are physiologically more vulnerable to heatstroke. Some senior citizens also take medication that can make it harder for their bodies to maintain a safe internal temperature, creating an additional threat from extreme heat events. Young children may be more vulnerable since they are not aware of the signs of dehydration or ways of protecting themselves from heatstroke.
Homeless people are at a high risk of health complications during heat waves, especially if they are unsheltered. According to the OC Homeless Management Information System data, in 2019, there were approximately 6,860 individuals experiencing homelessness in the county, with 57% unsheltered and 42% sheltered.58 These people are vulnerable to heatstroke during a heatwave, especially if they cannot reach a cooling center.
Sudden spikes in heat can catch people by surprise. Stores can rapidly sell out of fans, air-conditioning units, or drinking water during a heatwave. Lower-income households or those with limited mobility may be unable to acquire enough insulation or cooling devices without significant preparations. This can be further compounded by the threat of Public Safety Power Shutoff events. During these events, extreme heat impacts may affect larger portions of the City and populations that would not be viewed as vulnerable under normal circumstances.
58 OCHMIS.org. 2019. Orange County Point in Time Count 2019: Homelessness in Orange County. http://ochmis.org/wp-content/uploads/2019/08/2019-PIT-Infographic-7.30.2019.pdf City of Stanton 2022 Local Hazard Mitigation Plan
77 OTHER THREAT
Extreme heat causes power lines to function less efficiently, resulting in less power being transmitted to the City. At the same time, extreme heat usually prompts homes and businesses to rely on air-conditioning units, which increases the demand for electricity. When the demand for electricity exceeds the rate of supply, it can result in “brownouts” or power outages in certain areas. During an intense regional heat event, where hundreds of thousands of people may be drawing on the regional power network, it is possible that a blackout, or a complete power outage, could occur in the City as well as surrounding jurisdictions. Since extreme heat can occur suddenly, some people may be caught by surprise. Stores in the City may quickly run out of air-conditioning units or fans. In some cases, it may be too hot outside for outdoor activities to take place. Outdoor programming or events by the City may need to be canceled or rescheduled to a day that is cooler.
Urban Flooding
PHYSICAL THREAT
All of Stanton is located within the 500-year flood zone (0.2% Annual Chance of Flooding). Any physical assets located within these mapped boundaries can expect to be inundated if enough precipitation were to fall, exceeding the storm drain infrastructure design capacity in these areas. Electronic or mechanical equipment on the ground could become waterlogged and nonfunctional. The City has several key underpasses beneath major freeways that, if flooded, could impact circulation throughout the City. Table 4-7 identifies the physical assets in Stanton located within the 100-year and 500-year flood zone. There are no CFs or FOCs located within the 100-year zone; however, 17 CFs and 16 FOCs are located within the 500-year flood zone and account for approximately $34.7 million in potential losses to assets exposed to flooding damage within the City. Figure 4-3 displays the locations of the mapped CFs and FOCs within the FEMA 500-year flood zone; this is also the potential inundation zone for Prado Dam (discussed in the Dam Failure section).
TABLE 4-7: CRITICAL FACILITIES AND FACILITIES OF CONCERN (100-YEAR & 500-YEAR FLOODZONES) Category Number of
Facilities
Potential Loss*
100-Year Flood
Zone
Number of
Facilities
Potential Loss*
500-Year Flood
Zone Critical Concern Critical Concern
City Facilities
(City Hall, Fire,
Police)
N/A N/A $0 17 1
$30,926,200
Community Centers N/A N/A $0 0 2 $1,089,200
Parks N/A N/A $0 0 13 $2,729,696
Total N/A N/A $0 17 16 $34,745,096
* Replacement Values Unavailable
** Based on the City of Stanton insured replacement values City of Stanton 2022 Local Hazard Mitigation Plan
78 FIGURE 4-3: CRITICAL FACILITIES AND FACILITIES OF CONCERN LOCATED IN THE FEMA 500-YEAR
FLOOD ZONE
City of Stanton 2022 Local Hazard Mitigation Plan
79 SOCIAL THREAT
Floodwaters in these areas are not anticipated to rise to more than a maximum of one foot. Flooding of this type would likely inundate curb cuts and sidewalks to some extent. Any people in Stanton who walk or bike as their primary form of transportation may encounter greater difficulties with their mobility if they do not have access to an alternative means of transportation. Seniors, persons with disabilities, and low-income persons are those most likely to be threatened. Table 4-8 shows the proportions of Stanton’s vulnerable populations likely to face a greater threat from a flood event in the City. Based on the analysis in Table 4-8, the median household income in the 500-year flood zone is the same as the citywide average because the whole city would be affected by a flood.
Additionally, persons experiencing homelessness may be caught outside during flood conditions without any shelter. Though floodwaters in Stanton are not expected to exceed a depth of one foot, even a floodwater depth of six inches may render any makeshift structures uninhabitable during the flood event.
Possessions such as sleeping bags or electronic devices may be damaged or swept away by the floodwaters.
TABLE 4-8: FLOOD FAILURE HAZARD THREATENED POPULATIONS
Threatened Population Metrics Flood Hazards
(100-Years)
Flood Hazards
(500-Years)
City of Stanton
Population N/A 42,115 42,115
Households N/A 11,399 11,399
Median household income N/A $63,681 $63,681
Renter Occupied Households N/A 50.2% 50.2%
Percentage of households with at least one
person living with a disability
N/A 26.6% 26.6%
Percentage of households living under the
poverty limit
N/A 15.5% 15.5%
Percentage of households with one member
aged 65+
N/A 30.8% 30.8%
OTHER THREATS
Flooding may temporarily stop any type of transportation in the City. Debris carried by floodwaters can block roadways, hinder access for vehicles, and potentially affect emergency response services. Rushing water only one foot deep is enough to carry small vehicles. A severe flood situation where the maximum anticipated flood depth of one foot is realized may prevent people who own smaller vehicles from driving to work, leading to reduced economic activity. Severe flooding that causes serious damage to homes and businesses would most likely also reduce economic activity until repair work is completed.
Hazardous Materials Release
PHYSICAL THREAT
Hazardous materials can cause damage to physical assets in Stanton if they are released into the environment. Corrosive hazardous materials can damage building exteriors of CFs or FOC. Flammable hazardous materials can potentially start fires and may cause any CFs or FOC nearby to flashover.
City of Stanton 2022 Local Hazard Mitigation Plan
80 Generally, sites closer to the origin for the release of hazardous materials are threatened greater than those further away.
Table 4-9 shows the numbers of physical assets in Stanton threatened by a hazardous materials release within 500 feet of a site storing or using hazardous materials. There are no CFs or FOCs within 500 feet of a potential hazardous materials release.
Table 4-10 identifies the number of facilities located within areas of increased pollution (Census Tracts in the 50th percentile or greater), as indicated by Cal EPA’s Cal Enviro Screen dataset. Based on this dataset, 17 CFs and 16 FOCs are located within these census tracts. Based on this analysis, approximately $34.7 million in potential losses could occur if a hazardous materials incident were to occur. Figure 4-4 displays the locations of CFs and FOCs that are located within areas of the City where a Cal Enviro Screen score of 50% or above is present
TABLE 4-9: CRITICAL FACILITIES AND FACILITIES OF CONCERN (HAZMAT BUFFER 500 FT) Category Number of Facilities Potential Loss*
Critical Concern
City Facilities (City Hall, Fire, Police) 0 0 $0
Community Centers 0 0 $0
Parks 0 0 $0
Total 0 0 $0
* Replacement Values Unavailable
** Based on the City of Stanton insured replacement values TABLE 4-10: CRITICAL FACILITIES AND FACILITIES OF CONCERN (CAL ENVIRO SCREEN – 50% OR ABOVE)
Category Number of Facilities Potential Loss*
Critical Concern
City Facilities (City Hall, Fire, Police) 17 1 $30,926,200 Community Centers 0 2 $1,089,200
Parks 0 13 $2,729,696
Total 17 16 $34,745,096
* Based on the City of Stanton insured replacement values City of Stanton 2022 Local Hazard Mitigation Plan
81 FIGURE 4-4: CRITICAL FACILITIES AND FACILITIES OF CONCERNLOACATED IN AREAS WITHCALENVIROSCREENSCORE OF AT LEAST 50% City of Stanton 2022 Local Hazard Mitigation Plan
82 SOCIAL THREAT
The threat of a hazardous materials release event affects those closest to a source of hazardous materials, including industrial sites, gas stations, gas transmission lines, or sewer mains. Table 4-11 shows the City’s vulnerable populations living within 500 feet of a hazardous materials storage/waste site. The median household income is approximately $36,000 more than the rest of the City. This suggests that higherincome populations may be living near hazardous materials locations. This data also suggests higher percentages of households with at least one person living with a disability and a higher percentage of households with one member aged 65+.
TABLE 4-11: HAZARDOUS MATERIALS THREATENED POPULATIONS (500 FEET) Threatened Population Metrics 500 Feet from Hazardous
Materials Site
City of Stanton
Population 804 42,115
Households 202 11,399
Median household income $100,000 $63,681
Renter Occupied Households 26.7% 50.2%
Percentage of households with at least one person
living with a disability
33.3% 26.6%
Percentage of households living under the poverty
limit
8.5% 15.5%
Percentage of households with one member aged 65+ 39.2% 30.8% Stanton residents living next to major transportation infrastructures, such as highways or major arterial streets, also face a greater threat of being affected by a hazardous materials release since vehicles transporting hazardous materials may release their contents into the environment if involved in a collision.
Groups such as the elderly, low-income persons, or renters face a greater risk of exposure since they may not have the financial resources necessary to retrofit their homes against infiltration by hazardous materials or move away to a home that is further from the potential sources of hazardous materials release events. Figure 4-4 also displays the areas of the city where a high Cal Enviro Screen score can potentially negatively affect the population living in these areas.
OTHER THREATS
Hazardous materials release could threaten the City’s transportation networks and potentially the region’s. Large areas of the local road or rail systems may be closed to keep people away from areas contaminated with hazardous materials to allow remediation and cleanup activities to occur. If a highly corrosive hazardous material is released, it could potentially cause significant damage to the exteriors of any homes or businesses in the area surrounding the release. Hazardous materials could also harm the City’s urban forest, resulting in the premature death of vegetation in the affected areas.
City of Stanton 2022 Local Hazard Mitigation Plan
83 Urban Fires
PHYSICAL THREAT
Structures and physical assets in Stanton that are not equipped with fire suppression technology or design features that mitigate fire vulnerability are at risk of fire. Generally, these buildings are older, may not be well maintained, or not meet current code requirements and regulations. While all structures can be impacted by urban fire, older structures may have increased vulnerability to this hazard. Power lines located around overgrown trees, where the tree crown envelops part or all the power lines, are also at risk of catching fire. When the wires overheat, they may ignite a fire in the tree, spread back to the power lines themselves, and burn the power line infrastructure. Underground utilities, like water delivery systems, residential electrical systems, or natural gas pipelines, are not threatened by the occurrence of fire since any urban fires that emerge in Stanton are likely to occur on the surface. According to Cal Fire, the City has a moderate fire-threat area, which would be most prone to a fire event. Table 4-12 data analysis shows that no CFs or FOCs are located within these fire hazard severity zones; however, the potential for an urban fire will always be present.
SOCIAL THREAT
A fire hazard most immediately threatens seniors and persons with disabilities. These groups may have limited mobility and weakened environmental awareness. For example, a senior who lives alone may not be aware that a fire has been ignited in their house until the room begins to fill with smoke or even flashover, at which point escape may be more difficult or impossible. Therefore, a fire that starts in or spreads to any senior residences in Stanton could be highly threatening to those populations. Persons with disabilities may require special mobility devices or caregiver assistance to go outside, which may not be readily available when the fire ignites. Other groups with increased threat levels include lower-income persons and renters. These persons may live in substandard housing with outdated materials known to be flammable. Renters and lower-income persons may also live in housing units with improperly designed or maintained electrical or heating systems that could lead to a fire. Additionally, these groups may not possess enough financial resources to rebuild their homes or search for new homes after an urban fire.
Based on Table 4-13, the City does not have residents located within high fire hazard areas but does in TABLE 4-12: CRITICAL FACILITIES AND FACILITIES OF CONCERN (FIRE HAZARD SEVERITY ZONE) Category Moderate Fire–
Number of
Facilities
Potential
Loss*
High Fire – Number of
Facilities
Potential
Loss*
Critical Concern Critical Concern
City Facilities
(City Hall, Fire, Police) N/A N/A - N/A N/A -
Community Centers N/A N/A - N/A N/A -
Parks N/A N/A - N/A N/A -
Total N/A N/A - N/A N/A -
* Replacement Values Unavailable
** Based on the City of Stanton insured replacement values City of Stanton 2022 Local Hazard Mitigation Plan
84 moderate fire hazard areas. Data suggests that persons living in the moderate fire threat zone have a higher median income than the rest of the city and have greater financial resources to recover after a fire.
OTHER THREATS
Urban fires can consume power lines and force utility operators to shut off electrical and gas transmission activity, leading to utility outages in Stanton homes and businesses. Any streets surrounded by blazes or blocked by burning debris would hinder transportation, prevent victims from escaping, and block emergency response crews from reaching the source of the fire. Anyone living towards the end of a culde-sac faces an elevated threat of being trapped if the fire occurs or spreads to the mouth of the street.
Fires that destroy trees or vegetation (especially within parks and open space areas) could limit or prevent the use of these areas affecting recreational opportunities for residents.
Public Safety Power Shutoffs (PSPS) will become a significant issue for many communities throughout California. Although there are no designated PSPS circuits within Stanton, the potential for large-scale events affecting residents and businesses should be an ongoing concern. In the event of a PSPS outage in neighboring cities within the region, the City’s resources could be strained as residents of affected areas seek refuge in communities that have power. Outreach to residents and businesses to help them understand and prepare for these future events will become an important aspect of the City’s overall hazard mitigation strategy.
Dam Failure
PHYSICAL THREATS
Various factors, such as the amount of water released, the distance between the dam failure site, and the topography of the surrounding land, all influence the extent to which physical assets in Stanton are threatened. Prado Dam has large storage capacities that could lead to widespread inundation of large areas in Stanton if the reservoir waters are released due to a dam breach. Table 4-14 identifies the physical assets in Stanton that are threatened by the potential failure of Prado Dam. If Prado Dam were to fail at maximum capacity and release the water in its reservoir, it would threaten a variety of CFs and FOCs in Stanton. Based on this analysis, dam inundation could affect a total of 17 CFs and 16 FOCs in the City, TABLE 4-13: FIRE HAZARD SEVERITY ZONE THREATENED POPULATIONS Threatened Population Metrics Moderate Fire
Hazards
High Fire
Hazards
City of
Stanton
Population 309 N/A 42,115
Households 106 N/A 11,399
Median household income $84,866 N/A $63,681
Renter Occupied Households 54.7% N/A 50.2%
Percentage of households with at least one person
living with a disability
29.1% N/A 26.6%
Percentage of households living under the poverty
limit
12.0% N/A 15.5%
Percentage of households with one member aged 65+ 38.5% N/A 30.8% City of Stanton 2022 Local Hazard Mitigation Plan
85 potentially causing $34.7 million in loss damage. Figure 4-3 (found in the Flood section above) also displays the inundation zone of Prado Dam and the CFs and FOCs located in the inundation area.
TABLE 4-14: CRITICAL FACILITIES AND FACILITIES OF CONCERN (DAM FAILURE) Category Number of Facilities Potential Loss*
Critical Concern
City Facilities (City Hall, Fire, Police) 17 1 $30,926,200 Community Centers 0 2 $1,089,200
Parks 0 13 $2,729,696
Total 17 16 $34,745,096
* Based on the City of Stanton insured replacement values
SOCIAL THREATS
Dam failure hazards in the City would impact a variety of downstream properties and the residents that live or work there. Table 4-15 identifies potential dam impacts from the failure of Prado Dam. Since the entire city would be affected by the Prado Dam, the total city population would be at risk of dam inundation.
TABLE 4-15: DAM INUNDATION HAZARD THREATENED POPULATIONS Threated Population Metric Prado Dam City of Stanton
Population 42,115 42,115
Households 11,399 11,399
Median household income $63,681 $63,681
Renter Occupied Households 50.2% 50.2%
Percentage of households with at least one person
living with a disability
26.6% 26.6%
Percentage of households living under the poverty
limit
15.5% 15.5%
Percentage of households with one member aged
65+
30.8% 30.8%
Percentage of Stanton potentially inundated (acres) 100% 100%
OTHER THREATS
Dam failures are often triggered by other events (seismic shaking, intense rainstorms, etc.). There would almost certainly be service disruptions in Stanton when these events occur. Floodwaters would quickly inundate the City, disrupting utilities, such as water, power, heating, and other services such as City of Stanton 2022 Local Hazard Mitigation Plan
86 communications or transportation infrastructure. Residents may find that street lighting and traffic signals may be temporarily disabled. The rapid inundation of water would sweep up any debris, which could block roads, impeding traffic flow. Water would most likely inundate roadways and other low-lying, flat areas, such as parking lots, open spaces, and schoolyards. In severe scenarios, people’s mobility in these areas would likely be restricted or even impossible. Any unprotected or unhoused mechanical or electronic equipment that is not properly elevated would become waterlogged and inoperable until crews can conduct repairs or replacement, if necessary.
City of Stanton 2022 Local Hazard Mitigation Plan
87 CHAPTER 5 – HAZARD MITIGATION STRATEGY
STRATEGY DEVELOPMENT PROCESS
Stanton’s hazard mitigation strategy is a comprehensive set of actions intended to reduce the impacts of hazard events. These hazard mitigation actions will help protect the safety and well-being of residents, visitors, CFs and FOC, other buildings and structures, key services, the local economy, and other important community assets. Some actions will also help with emergency preparedness, allowing for a more effective community response to hazard events. Preparedness actions are not a required component of an LHMP, but they support and complement mitigation activities. The HMPC chose to include them as part of the overall hazard mitigation strategy.
USE OF HAZARD AND THREAT ASSESSMENT
The HMPC relied partly on the hazard profiles and threat assessments in this Plan to develop the mitigation strategy's actions. A comprehensive set of mitigation actions that respond to the relevant hazard situations and provide protection to residents, businesses, and community assets in Stanton was prepared. The HMPC ensured that the mitigation actions will help reduce damage from the most frequent types of hazard events, the most significant that may reasonably occur, and those with the greatest potential to harm the community. The Committee also drafted mitigation actions to help protect the most vulnerable community members and the most vulnerable local assets.
CAPABILITIES ASSESSMENT
As part of the effort to draft mitigation actions, the City completed a capabilities assessment, which included reviewing existing policies, personnel, and technical resources to support hazard mitigation activities in Stanton. The hazard mitigation actions build off these resources' existing success and leverage their capabilities to support improved resiliency in the community. The capabilities assessment looked at the following types of resources:
• Personnel resources: City employees and volunteers, and employees and volunteers at other agencies
• Plan resources: Advisory or enforceable plans adopted by the City or other agencies. • Policy resources: Policies adopted and implemented by the City or other agencies • Technical resources: Data and tools available to the City • Financial resources: Funding mechanisms available to the City that support mitigation activities Table 5-1 shows the capabilities assessment for Stanton.
City of Stanton 2022 Local Hazard Mitigation Plan
88 TABLE 5-1: CAPABILITIES ASSESSMENT FOR STANTON
Resource Resource Description Connection to
Mitigation
Planning and Regulatory Capabilities
Capital
Improvement
Program
The CIP implements long-range planning for improvements to the City's infrastructure. The CIP plans, designs, and constructs these improvements. The Plan is vital for planning and managing the City’s growth and development and maintaining existing
infrastructure. During Plan development, capital projects affecting public health and safety and/or legal mandates receive the highest priority; emphasis is also placed on projects maintaining service levels or preventing facilities' deterioration.
As new grant opportunities become available, the CIP may have projects consistent with the LHMP that can easily be used for grant submittals. Leveraging these two plans can help secure needed funds to reduce vulnerabilities throughout the City.
Integration of this Plan
into the CIP can assist in
mitigation efforts by
identifying new funding
sources for future
improvements.
(2021)
Zoning
Ordinance
Zoning divides the city into specific areas (most typically Residential, Commercial, and Industrial) to regulate the development standards like the number of units, building height, setbacks, and appearance required for each zone.
Mitigation actions
related to the siting,
construction, and
operation of new
developments in Stanton
may be implemented
through the Zoning Code
to ensure these locations
address risks identified in
the plan.
(2018)
Flooding
Ordinance
Stanton Municipal Code “Floodplain Management, sections 11.04 – 11.14.”
Floodplain management is a community-based effort to prevent or reduce the risk of flooding, resulting in a more resilient community. State and federal agencies, local communities, and property owners have a role in reducing flood risk and helping communities become more resilient.
This can be directly
applied to any mitigation
strategies that are
developed or modified
from existing policy.
Public Works &
Maintenance
The City of Stanton Public Works Department is responsible for maintaining and improving the City's vital infrastructure, including streets, sidewalks, parks, landscaping, sewers, storm drains, and public facilities. Services are provided using a combination of in-house personnel and private contractors and are divided into two subdivisions: Maintenance and Engineering.
The Maintenance Division maintains public facilities for the City of Stanton using a combination of in-house personnel and private vendors. These services include maintenance of public buildings and facilities, landscaping and park upkeep, street and sidewalk maintenance and repair, storm drain and sewer servicing, and graffiti abatement.
Support for mitigation
activities from this
department may include
assessing mobility
options for residents
with Access and
Functional Needs and
identifying future
transportation projects
that can reduce
evacuation
vulnerabilities or
enhance the roadway
City of Stanton 2022 Local Hazard Mitigation Plan
89 network, so it is less
prone to damage during
hazard events. Aid in the
identification of public
needs and the resulting
mitigation policies.
Public Safety /
Code
Enforcement
Our Code Enforcement Team is dedicated to community
improvement and neighborhood enhancement. We contribute to public and private properties' safety and aesthetic maintenance by enforcing City codes regarding commercial signage, land use/zoning, inoperable vehicles, public nuisances, and other hazards/violations that left unchecked harm citizens’ health, welfare, and safety. This program is carried out through field investigations, notification, citation issuance, public education, and coordination with other agencies.
Mitigation activities
could include the
identification of
violations, then
implementing the
necessary correction to
reduce vulnerability and
mitigate damage.
Orange County
Hazard
Mitigation Plan
Mitigation actions for Stanton that require coordination with the county may be integrated into the County’s Hazard Mitigation Plan. Similar mitigation actions in both the county’s and Stanton’s hazard mitigation plans can lead to a more regionally unified hazard mitigation strategy, improving effectiveness.
The Orange County
Hazard Mitigation Plan
identifies and describes
the hazard events that
may occur in the
unincorporated areas of
Orange County and
provides a suite of
mitigation actions to
help decrease the
potential damage from
these hazards.
(2020)
California State
Hazard
Mitigation Plan
The California State Hazard Mitigation Plan assesses the types of hazards that may be present in California. It includes descriptions of these hazards, summaries of past hazard events, descriptions of how these hazards may occur in the future, and how these hazards may harm California's people and assets. Like a local hazard mitigation plan, the State Hazard Mitigation Plan is updated every five years.
The Committee can use
the State Hazard
Mitigation Plan as a
source of information to
refine the hazard profiles
and vulnerability
assessments in future
Stanton LHMPs.
(2018)
Administrative and Political Capabilities
City Council The City of Stanton operates under a Council/Manager form of government, under which the City Council is the policymaking body, and the City Manager is responsible for carrying out Council policy. The City Council is made up of Stanton's mayor, who is elected at large, and four City Council members elected by voters in their districts. The City Council addresses the current and future needs of the City through the adoption of policies that promote the best interests of the community and the City's relationships with citizens, businesses, community organizations, and other governmental agencies. The three forms of action that the City Council may take are ordinances, resolutions, and minute The City Council supports
mitigation through
strategic planning and
goal setting for the city.
City of Stanton 2022 Local Hazard Mitigation Plan
90 orders. The City Council ultimately approves and officially adopts the LHMP for Stanton.
City Clerk The City Clerk administers the City’s legislative processes. This entails conducting the City’s elections and serving as filing officer for the Political Reform Act, preparing agendas for City meetings, keeping accurate records of the meetings, and complying with the open meeting law (Ralph M. Brown Act, California Government Code §54950 et seq.). The City Clerk maintains the City’s historical records as well as the Stanton Municipal Code and administers a City-wide Records Management program. The City Clerk is responsible for documenting and maintaining records of the adopted code changes.
Mitigation activities
implemented by this
office may include
direction setting with the
City Council and City
Departments and
prioritizing new
initiatives that support
mitigation activities
within the City.
City Manager The City Manager is appointed by the City Council to serve as the City's chief administrative officer and is responsible for providing effective municipal services through the administrative direction of City departments, activities, and personnel. The City Manager's Office oversees various interdepartmental activities, programs, and provides direct support for the City Council. These activities include preparing the annual budget, ensuring City Council Goals and Strategies, priorities, and action plans are met, directing law enforcement, fire protection, animal control, crossing guard services, etc.
Mitigation activities
implemented by this
office may include
direction setting with the
City Council and City
departments and the
prioritization of new
initiatives, ordinances
that will support
mitigation projects, and
activities within the city.
California
Governor’s
Office of
Emergency
Services
The California Governor’s Office of Emergency Services (Cal OES) is the state agency responsible for reducing hazards in the state through mitigation activities, conducting emergency planning, supporting emergency response and recovery activities, and acting as a liaison between local and federal agencies on emergency-related issues. Cal OES guides hazard mitigation planning activities, shares best practices, and distributes funding opportunities.
The Committee can work
with Cal OES to obtain
funding to implement
LHMP mitigation
strategies and to receive
guidance on future
updates.
Federal
Emergency
Management
Agency
The Federal Emergency Management Agency (FEMA) is
responsible for hazard mitigation, emergency preparedness, and emergency response and recovery activities. It guides state and local governments on hazard mitigation activities, including best practices and compliance with federal requirements.
FEMA also provides
funding for hazard
mitigation actions
through grant programs.
Finance
Department
The Finance Department is tasked with maintaining reliable accounting records, payment of approved demands against the City treasury, financial statement reporting, preparation of the annual budget, prudent fiscal planning, payroll processing and debt administration. The Department also administers the business license, transient occupancy tax and utility users tax programs. The City's Investment Policy directs the investment of City, Successor Agency and Housing Authority monies with the following priorities established: preservation and safety of principal, liquidity necessary to meet daily cash flow
requirements, and maximized yield after the first two priorities are met.
Financial management
and strategic planning
functions (and
personnel) within the
City can assist with
mitigation activities by
tracking costs associated
with hazard events and
disasters, identifying
grant funding
opportunities, and
establishing financial risk
calculations that can
help departments
budget operations and
City of Stanton 2022 Local Hazard Mitigation Plan
91 maintenance, and capital
improvements.
Human
Resources and
Risk
Management
The Human Resources Department oversees the City's Human Resources and Risk Management functions. The Human
Resources Department's mission is to contribute to the City's organizational vision by providing a personnel system that ensures the selection of qualified individuals for City employment, equal opportunity for candidates for position in the City's service, and legal adherence to federal, state, and local employment laws and guidelines. Human Resources staff
conducts recruitment and selection of candidates for positions in City service; administers the City's Personnel Rules and Regulations, and related policies; administers the City's employee benefits program including health, dental, vision, retirement, and life insurance; and coordinates various employee training and recognition programs.
The Human Resources
Department is focused
on employment, benefits
and wellness, employee
relations, and risk
management, which can
play key role in
understanding risks to
employees within the
city. This can prove to be
valuable insight for
mitigation planning
purposes in the city.
Community
Engagement
Advisory
Committee
The Committee works to motivate and mobilize residents that want to create meaningful change in the Stanton Community. The Community Engagement Advisory Committee (CEAC) is a group that meets to make positive improvements in the community.
CEAC members are ambassadors for the FRC and promote
programs, activities, and volunteer opportunities in the City of Stanton.
Mitigation actions t
provided by the
committee can include
assistance with public
outreach and
engagement and adding
valuable community
insight to the planning
process.
Community
Services
Department
The Community Services Department's role is to serve the community by creating opportunities to play, celebrate, connect, explore, and be entertained through quality programs, safe parks, and well-maintained facilities
Mitigation actions
implemented by this
department can assist in
the dissemination of
hazard awareness
information, provide
insight into the unique
conditions hazards may
impose to the various
elements within the
community, and create
programs intended to
increase overall life
quality in the city.
Building Division The Building Division is dedicated to providing the highest level of plan review and inspection services to our community. The goal of our staff is to help our customers build safe and sustainable buildings that comply with applicable codes and regulations.
Mitigation actions
related to the
construction of new
structures or retrofits or
improvements to
existing structures may
be implemented through
future plan-processing.
Engineering
Division
The Engineering Division manages the City’s infrastructure by administering the planning, programming, budgeting,
construction, and maintenance in the most cost-effective method to meet the needs of the community. The Engineering Division is Mitigation activities
include the input, design,
creation of, and
implementation of new
City of Stanton 2022 Local Hazard Mitigation Plan
92 responsible for the design and construction of the City’s Capital Improvement Program (CIP). This includes improvements to the street, traffic signals, storm drains and sewer systems along with public facilities and parks. The Engineering Division also reviews proposed private developments and recommends conditions of approval, provides plan check services, issues permits for construction in the City right-of-way, and manages the City’s solid waste program. The Engineering Division also represents the City on OCTA, Caltrans, Orange County grant programs, and regional engineering projects.
designs, improvement to
current infrastructure as
identified in the LHMP or
City Council meetings.
Planning
Division
The City of Stanton Planning Division reviews and processes project applications to ensure that future land use decisions and development proposals are aligned with the City's General Plan and adopted land use regulations. The Planning Division is also responsible for administering the Zoning Code.
Mitigation actions
implemented by the
planning department
would be successfully
integrating the LHMP,
general plan safety
element, and zoning
code. Department staff
would also implement
the plans focusing on
projects that reduce
residents' and
businesses' risks
associated with natural
and human-caused
hazards.
Planning
Commission
The Planning Commission consists of five members appointed by the City Council. The functions of the planning commission are:
prepare, review and revise the General Plan; implement the General Plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances; promote public interest in, and comment on, the general plan and regulations relating to it; promote the coordination of local plans and programs with the plans and programs of other public agencies and perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized by this title.
Mitigation activities
could include the
implementation of
policies and codes and
overseeing the
development processes.
Orange County
Fire Authority
The Orange County Fire Authority is a regional fire service agency that serves 23 cities in Orange County and all unincorporated areas. The OCFA protects nearly 2 million residents from its 77 fire stations located throughout Orange County. The OCFA, founded in 1995, is a premier public safety agency providing superior fire protection and medical emergency services to our communities. Orange County Fire Authority provides service to Stanton, Buena Park, La Palma, and Cypress through Operations Division 7.
Fire-related mitigation
actions that require
coordination with the
county may be
implemented in
collaboration with OCFA
staff.
Orange County
Sheriff’s
Department
The Orange County Sheriff's Department has provided law enforcement services for Stanton since February of 1988 when the city Police Department and Sheriff’s Department merged.
Stanton Police Services includes five sergeants, twenty patrol As emergency
preparedness is part of
the department’s
responsibilities, the
City of Stanton 2022 Local Hazard Mitigation Plan
93 deputies, one motor deputy, two deputies assigned to the city’s Community Enhancement Team, two investigators, two
investigative assistants, two office specialists, and a part time cadet. Community programs offered by Stanton Police Services include GRIP, Neighborhood Watch, Business Watch, homeless outreach, and community events.
Sheriff’s department can
also widely implement
other types of mitigation
actions through
coordination with other
departments and
agencies. Mitigation
actions that relate to the
safe movement of traffic
(e.g., during
evacuations), the public
safety of residents
during emergency
events, and terrorismrelated activities may be
implemented through
police department staff.
Technical Capabilities
Cal-Adapt Cal-Adapt is an online tool that provides detailed projections for future climate-related conditions in California, including factors such as temperature, precipitation, and sea-level rise. These projections can help inform future hazard events and explain how hazard conditions are expected to change.
The City can use CalAdapt to monitor
anticipated changes in
future climate conditions
and adjust mitigation
actions accordingly.
California
Department of
Transportation
The California Department of Transportation (Caltrans) is the state agency with jurisdiction over designated highways, including State Route 210 and Interstate Routes 10 and 15.
Mitigation measures
related to ensuring the
resiliency of statedesignated routes will be
implemented through
coordination with
Caltrans.
CR&R
Environmental
Services
CR&R has an extensive network of processing facilities that manages every facet of Stanton’s waste stream including solid waste, recyclables, green waste, food waste, construction and demolition waste, electronic waste, and several other materials.
Through their extensive
collection and
processing systems,
CR&R strive to reduce
the negative impact that
solid waste can
potentially have on
Stanton’s environment
for generations to come.
Orange County
Sanitation
District
The Orange County Sanitation District (OCSan) is the agency that provides wastewater collection, treatment, and disposal services for approximately 2.6 million people in central and northwest Orange County.
Mitigation strategies
focused on the
enhancement of
infrastructure within the
City may be
implemented with
support and assistance
from OCSan.
Southern
California Edison
Southern California Edison (SCE) is the primary electrical service provider for Stanton. SCE also owns the electrical distribution grid in the community.
Mitigation actions
relating to Stanton’s
electrical grid's resiliency
City of Stanton 2022 Local Hazard Mitigation Plan
94 will be implemented
through coordination
with SCE.
Southern
California Gas
Company
The Southern California Gas Company (SoCalGas) is the natural gas provider for Stanton and owns the community's natural gas infrastructure.
Mitigation actions that
address the resiliency of
natural gas
infrastructure and
services in Stanton will
be implemented through
coordination with
SoCalGas.
Golden State
Water Company
Golden State Water Company currently serves approximately 27,200 customers in Stanton, Cypress, Los Alamitos, and portions of Buena Park, Garden Grove, La Palma, Rossmoor, and Seal Beach. Water delivered to customers in the West Orange County System is a blend of groundwater pumped from the Orange County Groundwater Basin and imported water from the
Colorado River Aqueduct and State Water Project (imported and distributed by Metropolitan Water District of Southern
California).
As the City’s primary
water provider, GSWC
can effectively manage
and monitor water use
and ensure adequate
water supplies to
mitigate severe drought.
Fiscal Capabilities
Adopted FY
Budget
The City adopts its budget every year, which identifies the funding available for each fiscal year that can be used to support governmental operations.
This budget is a key
location where future
mitigation projects can
be identified from a
funding perspective.
(2021-22)
Education and Outreach Capabilities
Community
Outreach Media
Resources
In order to better inform the community and keep them apprised on current city programs and projects, the City of Stanton maintains active social media accounts including Facebook, Twitter, Instagram, and LinkedIn. The city has a very active Instagram and Facebook presence with weekly and daily posts to the account’s.
This can aid in mitigation
activities by promoting
the various mitigation
projects and programs
by becoming a source of
information and
direction during
emergencies and
evacuations.
(2021)
OCFA
Ready, Set, Go!
OCFA has an active program for its communities that educates residents and businesses, how to proactively plan for fires and other active emergencies. It gives the community the tools needed to protect their lives, their family, and their property.
This program allows
residents to be aware of
wildfires and how to
prepare in case of a
sudden emergency.
City of Stanton 2022 Local Hazard Mitigation Plan
95 HAZARD MITIGATION STRATEGIES AND ACTIONS
Hazard Mitigation Goals
The goals identified in Chapter 1 help develop policies to protect community members, ecosystems, and other important assets from hazard events. These goals were developed to ensure consistency with the City’s General Plan Safety Element, which plays an important role in risk reduction within Stanton. These goals informed the development of mitigation actions and acted as checkpoints to help City staff determine implementation progress.
Evaluation of Potential Hazard Mitigation Actions
The Committee prepared a set of potential mitigation actions based on the hazard profiles, threat assessment, capabilities assessment, community survey results, discussions among Committee members, and existing best practices. Next, the Committee evaluated these potential actions using the following criteria:
FEMA requires local governments to evaluate potential mitigation actions' monetary and non-monetary costs and benefits. While local governments are not required to assign specific dollar values to each action, they should identify the general size of costs and benefits. The Committee may elect to include measures with a high cost or low benefits, but such measures should benefit the community and be an appropriate use of local resources.
Also, FEMA directs local governments to consider the following questions as part of the financial analysis:
• What is the frequency and severity of the hazard type to be addressed by the action, and how vulnerable is the community to this hazard?
• What impacts of the hazard will the action reduce or avoid? • What benefits will the action provide to the community? The Committee also chose to review and revise the potential hazard mitigation actions using the STAPLE/E (Social, Technical, Administrative, Political, Legal, Economic, and Environmental) criteria Table 5-2. The Committee did not formally assess every potential mitigation action under all STAPLE/E criteria but used the criteria to guide and inform the discussion. The Committee also discussed how the criteria might evaluate grant applications the City may submit to receive funding for LHMP implementation.
Prioritization
As part of the mitigation actions development and review, the HMPC also prioritized the actions. The prioritization efforts looked at the risks and threats from each hazard, financial costs and benefits, technical feasibility, and community values. Committee members were asked to identify their priority actions through a voting exercise. Items are prioritized based on the number of votes received by the HMPC members. These quantitative scores were then converted to qualitative categories of low, medium, and high priority.
City of Stanton 2022 Local Hazard Mitigation Plan
96 TABLE 5-2: STAPLE/E CRITERIA
Issues Criteria
Social • Is the action socially acceptable to Stanton community members? • Would the action mistreat some individuals?
• Is there a reasonable chance of the action causing a social disruption? Technical • Is the action likely to reduce the risk of the hazard occurring, or will it reduce the hazard's effects?
• Will the action create new hazards or make existing hazards worse? • Is the action the most useful approach for Stanton to take, given the City and community members' goals?
Administrative • Does the City have the administrative capabilities to implement the action? • Are there existing City staff who can lead and coordinate the measure's implementation, or can the City reasonably hire new staff for this role? • Does the City have enough staff, funding, technical support, and other resources to implement the action?
• Are there administrative barriers to implementing the action? Political • Is the action politically acceptable to City officials and other relevant jurisdictions and political entities?
• Do community members support the action?
Legal • Does the City have the legal authority to implement and enforce the action?
• Are there potential legal barriers or consequences that could hinder or prevent the implementation of the action?
• Is there a reasonable chance that the implementation of the action would expose the City to legal liabilities?
• Could the action reasonably face other legal challenges? Economic • What are the monetary costs of the action, and do the costs exceed the monetary benefits?
• What are the start-up and maintenance costs of the action, including administrative costs?
• Has the funding for action implementation been secured, or is a potential funding source available?
• How will funding the action affect the City’s financial capabilities? • Could the implementation of the action reasonably burden the Stanton economy or tax base?
• Could there reasonably be other budgetary and revenue impacts to the City?
Environmental • What are the potential environmental impacts of the action? • Will the action require environmental regulatory approvals? City of Stanton 2022 Local Hazard Mitigation Plan
97 • Will the action comply with all applicable federal, state, regional, and local environmental regulations?
• Will the action reasonably affect any endangered, threatened, or otherwise sensitive species of concern?
Cost Estimates
The Committee identified relative cost estimates to meet the hazard mitigation planning process's cost estimation requirements based on their understanding of the mitigation action intent and their experience developing identical or similar programs/implementing projects. Three cost categories based on the City’s typical cost criteria were used for budgeting purposes:
Low cost ($): $20,000 or less
Medium cost ($$): $20,001 to $150,000
High cost ($$$): Greater than $150,001
Based on the criteria and evaluation processes used during Plan development, the Committee prepared a prioritized list of mitigation actions to improve Stanton’s resilience to hazard events. Table 5-3 lists the mitigation actions, prioritization of each action, and other details related to implementation. In addition to mitigation action and strategies, several” Preparedness Activities” were identified and denoted with a letter “P.” City of Stanton 2022 Local Hazard Mitigation Plan
98 TABLE 5-3: MITIGATION ACTIONS IMPLEMENTATION PLAN
Mitigation Action
Potential
Funding
Sources
Responsible
Department
Relative
Cost* Time frame Priority
Preparedness Activities
P1 Expand emergency preparedness and response capabilities throughout the City of Stanton;
A. Conduct regular emergency preparedness drills and training exercises for City staff.
B. Expand participation with local businesses and organizations.
C. Expand trainings to include active shooter drills and exercises.
D. Expand participation in the CalOES Safety Assessment Program (SAP) by City staff.
General Fund,
Other Grants
Public Safety $ N/A N/A
P2 Coordinate with local school districts to ensure that school facilities can act as evacuation sites during major emergencies.
General Fund,
Other Grants
Public Safety $ N/A N/A
P3 Expand participation in the West County CERT (Community Emergency Response Team) program for residents and businesses.
General Fund,
Other Grants
Public Safety $ N/A N/A
P4 Ensure that community evacuation plans include provisions for community members who do not have access to private vehicles or are otherwise unable to drive.
General Fund,
Other Grants
Public Safety $ N/A N/A
P5 Continue to ensure effective emergency notifications through multiple media formats about pending, imminent, or ongoing emergency events. Ensure that information is accessible to persons where English is not their primary language, and for residents with access and functional needs.
General Fund,
Other Grants
OC Sheriff $ N/A N/A
P6 Maintain at least one emergency power-generating station in all City critical facilities such as City Hall, Community Centers, and any other location used for critical services.
General Fund,
Other Grants
Public Works $$$ N/A N/A
P7 Periodically update the Stanton Emergency Operations Plan to identify backup power, cooling center locations, and communications infrastructure within all City critical facilities.
General Fund,
Other Grants
Public Safety $ N/A N/A
P8 Ensure that the City has an adequate supply of sandbags for residents and businesses, including prefilled sandbags for individuals who may be unable to fill them on their own.
General Fund,
Other Grants
Public Works $ N/A N/A
City of Stanton 2022 Local Hazard Mitigation Plan
99 P9 Update the Safety Element to include the 2022 Local Hazard Mitigation Plan General Fund, Other Grants
Community
Development
$$ N/A N/A
Multiple Hazards
1.1 Explore the feasibility of connecting critical facilities, including the Civic Center and Community Center to a microgrid power-supply network. (Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$$ 2026 High
1.2 Install energy-efficient equipment to increase the longevity of the fuel supply for backup generators.
(Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$$ 2023 High
1.3 Conduct routine updates of the Facility Conditions Assessment for City-owned infrastructure, buildings, and other utilities and coordinate with other agencies to ensure inspections of other important infrastructure. (Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$ Ongoing Medium
1.4 Repair, as feasible, all major deficiencies discovered by inspections to prevent collapse, failure, or damage in the event of a natural disaster. (Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$$ Ongoing High
1.5 Incentivize public and private utility operators to harden their infrastructure within the City or passing through the City from potential breaches.
Encourage enhancement of supervisory control and data acquisition (SCADA) to allow instantaneous shut down of line breaches. Use mitigation grants to incentivize entities to partner with the City to complete these projects. (Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
City
Administration,
Public Works
$$ Ongoing Low
1.6 Install and harden emergency backup generators at Civic and Community Centers, and other critical facilities (cooling centers) as the city may determine necessary. Encourage utility providers to enhance and harden emergency backup infrastructure for the facilities. (Hazards addressed: All) General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works,
PIO
$$$ 2025 High
City of Stanton 2022 Local Hazard Mitigation Plan
100
1.7 Conduct a feasibility assessment of installation of solar and battery backup systems at key critical facilities within the City.
(Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$ 2025 High
1.8 Work closely with community groups to increase awareness of hazard events and resiliency opportunities among socially vulnerable community members. (Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
PIO,
Community
Services
$ Ongoing Medium
1.9 Avoid building new City-owned key facilities in mapped hazard areas. If no feasible sites outside of mapped areas exist, ensure that such facilities are hardened against hazards beyond any minimum building requirements/ mitigation standards.
(Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Development,
Public Works
$ Ongoing Low
1.10 Coordinate with regional social service agencies and nonprofit care providers to obtain temporary shelter for homeless persons in advance of potential hazard events.
(Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Safety,
City
Administration
$ Ongoing Medium
1.11 Closely monitor changes in the boundaries of mapped hazard areas resulting from land use changes or climate change and adopt new mitigation actions or revise existing ones to ensure continued resiliency.
(Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Development
$ Ongoing Low
1.12 Integrate policy direction and other information from this Plan into other City documents, including the General Plan, Emergency Operations Plan, and Capital Improvements Program.
(Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
All
Departments
$ 2023 Low
1.13 Monitor funding sources for hazard mitigation activities. (Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Finance
Departments
(All
Departments)
$ Ongoing Medium
City of Stanton 2022 Local Hazard Mitigation Plan
101
1.14 Expand the City’s comprehensive educational campaign for residents and businesses that describes the hazards present in the community and emphasizes cost-effective mitigation efforts, such as proper construction techniques, bracing of furniture and appliances, and purchase of additional insurances. Distribute information through social networking, websites, print media, radio, television, in utility bills, at special events and in City facilities, and/or other media as appropriate.
(Hazards addressed: All)
General Fund,
BRIC/ HMGP
Grants, Other
Grants
PIO,
Community
Development,
Public Works,
Public Safety
$$ Ongoing Medium
Seismic Hazards (Seismic Shaking, Liquefaction)
2.1 Encourage the installation of resilient (seismically appropriate) piping for new or replacement pipelines, in close coordination with local water, natural gas, and other providers.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works,
Community
Development
$ Ongoing Medium
2.2 Assess soft story conditions for seismically vulnerable structures constructed prior to 1990.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Development
$$ 2025 Medium
2.3 Conduct an educational campaign and identify incentives to encourage the use of reinforced chimneys, anchored rooftop-mounted equipment, window film, and other preventative measures to reduce damage at private buildings.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
PIO,
Community
Development
$$ TBD Low
2.4 Encourage community groups and industry representatives to assist in outreach to residents and businesses to obtain earthquake insurance.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
PIO,
Community
Development
$ Ongoing Low
2.5 To the extent feasible, construct all new and significantly retrofitted Cityowned facilities to remain operational in the event of a major earthquake.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$$ 2023 High
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102
2.6 Coordinate with Golden State Water Company on seismic surveys and evaluations for water infrastructure within the City
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $ Ongoing Low
2.7 Pursue ground improvement projects, such as constructing a high strength capping layer, soil mixing, stone columns, soil wicks, chemical and pressure grouting, and other soil improvement techniques that reduce liquefaction susceptibility for key critical facilities in the event of an earthquake.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$$ TBD Medium
Energy/Power Failure
3.1 Establish and routinely update a confidential inventory of critical infrastructure and ensure development activities coordinate with future resilience enhancements by utility providers.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $ Ongoing Low
3.2 Expand access to alternative energy technologies, energy efficiency improvements and appliances, and programs for vulnerable populations to reduce energy consumption and the need for City services during extreme heat events.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
PIO,
Community
Development
$ TBD Medium
3.3 Expand battery backup power supplies for traffic signals, to ensure functionality in the event of power failure.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$$ 2024 High
3.4 Monitor changes to Public Safety Power Shutoff (PSPS) circuits in and around the City that could affect residents, businesses, and organizations, and increase awareness of the effects of these events on the City's resources.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $ Ongoing Low
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103
Drought
4.1 Require plumbing within medians, that allows for future reclaimed water use (Stanton General Plan: Action ICS 3.1.2a).
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$$ TBD Low
4.2 Ensure the City’s emergency water connections and agreements are sufficient to provide a short-term supply during a hazard event. Coordinate inspections with Golden State Water Company of connection infrastructure to ensure it is resilient to emergency conditions and retrofit as needed.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $ Ongoing Low
4.3 Encourage drought tolerant native landscaping, low-flow water fixtures beyond the state minimum code, and daytime watering restrictions on properties throughout the city to reduce water consumption.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Development,
Public Safety
$ Ongoing Low
4.4 Collaborate with Golden State Water Company (GSWC) and Municipal Water District of Orange County (MWDOC), to pursue water efficiency best practices to reduce water demand.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $ Ongoing Medium
4.5 Use drought-tolerant plants when installing new or significantly redoing Cityowned landscapes. Limit turf that is not drought tolerant to recreational fields and lawns, and only in instances where no feasible drought-tolerant alternatives exist.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works,
Community
Services
$$$ Ongoing Low
Extreme Heat
5.1 Notify residents through public service announcements a couple of days in advance of a severe weather event. Focus on media methods that target vulnerable populations, such as elderly, sick, lower-income, or persons with limited mobility to better ensure they have adequate time to prepare for a heatwave in advance.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
PIO $ Ongoing Low
5.2 Implement a tree-planting program to diversify tree age and increase shaded areas in the City to reduce the effects of extreme heat events.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works,
Community
Development
$$$ TBD Medium
City of Stanton 2022 Local Hazard Mitigation Plan
104
5.3 Expand use of public facilities (libraries, community centers, etc.) as cooling centers for vulnerable populations during extreme heat events, and assess facility needs in order to automatically open these facilities as cooling centers when temperatures exceed approximately 97 degrees (temperature threshold can be lowered at city discretion).
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Services
$$ Ongoing Medium
5.4 Promote passive cooling design (brise soleil, long roof overhangs, locating windows away from southern facades, etc.) in new developments during the design review process.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Development
$ Ongoing Low
5.5 Upgrade HVAC within City facilities to more efficient systems that may include split systems or decentralized systems that allow for heating and cooling the spaces needed, not entire buildings.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works $$$ TBD Medium
5.6 Evaluate the long-term capacity of designated cooling centers and shelters in the City to provide sufficient relief from extreme heat. Assess the need to expand services as the frequency, length, and severity of future heatwaves potentially change as a result of climate change.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Services, Public
Works
$$ Ongoing Low
5.7 Increase the use and construction of shade structures within new developments, City facilities, parks, and trails to reduce urban heat island impacts.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Development,
Public Works,
Community
Services
$$$ Ongoing Low
Flooding
6.1 Investigate permeable paving and use landscaped swales for new and replacement City-owned hardscaped areas.
General Fund,
BRIC/ HMGP
Grants, FMA
Grants, Other
Grants
Public Works $ TBD Low
City of Stanton 2022 Local Hazard Mitigation Plan
105
6.2 Require the use of porous surfaces on new and significantly retrofitted residential and commercial developments to reduce runoff.
General Fund,
BRIC/ HMGP
Grants, FMA
Grants, Other
Grants
Community
Development,
Public Works
$ Ongoing Low
6.3 Conduct frequent cleanings of storm drain intakes, especially before and during the rainy season.
General Fund,
BRIC/ HMGP
Grants, FMA
Grants, Other
Grants
Public Works $ Ongoing Medium
6.4 Coordinate with Orange County Flood Control on upgrades and maintenance to storm drains and channels and expand capacity to meet future needs.
General Fund,
BRIC/ HMGP
Grants, FMA
Grants, Other
Grants
Public Works $$$ Ongoing Medium
6.5 Analyze if new critical facilities can be built a minimum of 1 foot higher than the anticipated 500-year flood elevation height, to determine where it is feasible.
General Fund,
BRIC/ HMGP
Grants, FMA
Grants, Other
Grants
Public Works $ TBD Low
6.6 Retrofit roadway medians to capture storm water during rain events.
Prioritize improvements to address flooding in the drainage channel along Western Ave, and near Central Park.
General Fund,
BRIC/ HMGP
Grants, FMA
Grants, Other
Grants
Public Works $$$ 2025 High
Hazardous Materials Release
7.1 Discourage new sensitive land uses, including schools, parks, childcare centers, adult and senior assisted living facilities, and community centers, from locating near identified hazardous material facilities. Discourage or prohibit new hazardous material facilities from locating near sensitive land uses.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Development
$ Ongoing Low
City of Stanton 2022 Local Hazard Mitigation Plan
106
7.2 Pursue full alignment of the General Plan with policies and actions outlined in state and regional plans such as the California Accidental Release Prevention (CalARP) Program and the Orange County Fire Authority Hazardous Materials Area Plan.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Community
Development,
OCFA
$ 2023 High
7.3 Continuously inspect businesses and other properties storing hazardous materials and create an inventory of storage locations that require updates, maintenance, or renovation.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
OCFA
(Public Safety
Liaison)
$ Ongoing Low
7.4 Coordinate with hazardous materials generators/operators (So Cal Gas, Edison) regularly to understand changes to operations within the City.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
OC Health Care
Agency
(Environmental
Health)
$ Ongoing Low
Urban Fire
8.1 Promote the proper maintenance and separation of power lines and efficient response to fallen power lines.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Works
(So Cal Edison
resource)
$ Ongoing Low
8.2 Provide information and resources to residents citywide on ways to improve resilience to home fires.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
OCFA, Public
Safety
$ Ongoing Medium
8.3 Conduct regular vegetation management activities to reduce fire hazard risks, such as clearing out dead vegetation in parks, open spaces, rights-of-way, and other areas that could become fuel for fires.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
OCFA, Public
Works, Public
Safety
$ Ongoing Low
8.4 Establish thresholds for fire sprinkler installation in retrofitted buildings and structures undergoing use changes or remodel.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
OCFA,
Community
Development
$ TBD Low
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107
8.5 Conduct regular inspections of bridges and underpasses for debris and other materials that could become a fire hazard.
General Fund,
BRIC/ HMGP
Grants, Other
Grants
Public Safety,
Public Works,
OC Sheriff
$$ Ongoing Low
* Relative Cost Categories: $ = less than $20,000 | $$ = $20,001 - $150,000 | $$$ = greater than $150,001 City of Stanton 2022 Local Hazard Mitigation Plan
108
NATIONAL FLOOD INSURANCE PROGRAM
Stanton participates in the National Flood Insurance Program (NFIP), created by Congress in 1968 to provide flood insurance at subsidized rates to homeowners who live in flood-prone areas. Stanton has participated in NFIP since September of 1984.59
Although participation is not a dedicated hazard mitigation action, Stanton will continue to participate in the NFIP and comply with the program’s requirements through continued enforcement of the City’s Floodplain Management Regulations.
60 This regulation applies to all areas identified as flood-prone within the City. This chapter of the Municipal Code identifies the purpose of the regulation, methods of reducing flood losses, basis for establishing flood hazard areas, development permit requirements, duties and responsibilities of the City’s Floodplain Administrator (City Engineer), development standards that apply in flood-prone areas, and required documentation and analysis for construction within these areas. As part of the City’s efforts to comply with NFIP, Stanton will make updates and revisions to the Floodplain Management regulations to minimize the threat of harm from flood events. These updates and revisions may be promoted by changes in local demographics, shifts in land use, changes to flood regimes such as frequency and intensity of flood events, and other factors that may warrant municipal action. The City will also continue to incorporate any changes to mapped flood plains' locations and designations into future planning documents, including future updates to this Plan.