Stanton City Council
September 27, 2022

A. Who Is An Insured
The following is added to Paragraph A.1. of Section II - Covered Autos Liability Coverage:
d. Any:
(1) Subsidiary which is a legally incorporated
entity of which you own greater than 50%
interest in the voling stoclc on the effective
date of this Coverage Form. However, the
insurance afforded by this provision does
not apply to any subsidiary that is an "insured" under any other automobile liability policy, or would be an "insured" under such
policy but for the termination of such policy
or the exhaustion of such policy's limits of
insurance.
(2) Organization you newly acquire or form,
and over which you maintain majority interest.

The coverage afforded by this provision:
(a) Is effective on the acquisition date, and
is afforded only until the 180th day after
you acquire or form the organization or
the end of the policy period, whichever
is earlier;
(b) Does not apply to "bodily injury" or
"property damage" resulting from an
"accident" that occurred before you acquired or formed the organization; and (c) Does not include any newly acquired or
formed organization that is:
(i) A joint venture or partnership; or
(ii) An "insured" under any other automobile liability policy or would be an "insured" under such policy but for
the termination of such policy or the
exhaustion of such policy's limits of
insurance.
e. Any person, organization or governmental
entity with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such person, organization or governmental entity to this policy as an additional insured in order to comply with the terms of a written "insured contract" or written
agreement. This does not apply when such
contract or agreement:
(1) Involves the owner or anyone else from
whom you hire or borrow a covered "auto"
unless it is a "trailer" connected to a covered "auto" you own; or (2) Is executed after the date of loss.

Paragraph e.(2) does not apply if:
(1) The terms and conditions of the written
"insured contract" had been agreed upon
prior to the "accident" or "loss"; and
(2) You can definitively establish that the terms
and conditions of the written "insured contract" ultimately executed are the same as those which had been agreed upon prior to
the "accident" or "loss".
f. Any of your "employees" while using a covered
"auto" in your business or your personal affairs,
provided you do not own, hire or borrow that
"auto".

B. Coverage Extensions - Supplementary
Payments
Paragraphs A.2.a.(2) and A.2.a.(4) of Section II -
Covered Autos Liability Coverage are replaced
by the following:
(2) Up to $3,000 for cost of bail bonds (including
bonds for related traffic law violations) required
because of an "accident" we cover. We do not
have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 a day because of time
off from work.

C. Fellow Employee
The following exception is added to exclusion 5.

Fellow Employee under paragraph B. Exclusions of Section II - Covered Autos Liability Coverage:

This exclusion does not apply if the "bodily injury"
results from the use of a "covered auto" you own
or hire. The coverage provided under this exception is excess over any other collectible insurance.

D. Towing
Paragraph A.2. of Section Ill - Physical Damage
Coverage is replaced by the following:

2. We will pay for towing and labor costs each
time that a covered "auto" is disabled. All labor
must be performed at the place of disablement
of the covered "auto". If the auto is not a private passenger type, a $250 deductible will apply to this coverage but ii will not reduce the
available limit of insurance. For all types of "auto", the most we will pay under this coverage is $1,000 per disablement. "Autos" which are disabled do not include stolen vehicles.

Includes copyrighted material of Insurance Services Office, Inc. used with its permission.

ECA 04 506 02 14 □
E. Glass Breakage - Hitting A Bird Or Animal -
Falling Objects or Missiles
The following is added to Paragraph A.3. of Section Ill - Physical Damage Coverage:

Any deductible shown in the Declarations will not
apply to glass breakage if such glass is repaired,
in a manner acceptable to us, rather than replaced. If the glass must be replaced and there is no other damage associated with the "loss", the
deductible will be $100 unless a lower deductible
is shown in the Declarations applicable to this
coverage.

F. Loss Of Use Expenses
Paragraph A.4.b. of Section Ill - Physical Damage Coverage is replaced by the following:
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay
expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will
pay for loss of use expenses if caused by:
(1) Other than collision only if the Declarations
indicate that Comprehensive Coverage is
provided for any covered "auto";
(2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered
"auto"; or
(3) Collision only if the Declarations indicate
that Collision Coverage is provided for any
covered 11auto11
•
However, the most we will pay for any expenses for loss of use is $50 per day, lo a maximum of $1,000.

G. Extra Expense - Stolen Vehicle
The following is added to Paragraph A.4. of Section Ill - Physical Damage Coverage:
c. Stolen Vehicle
We will pay for all reasonable and necessary
expenses to return a stolen covered "auto" to
you.

H. Airbag Coverage
The following exception is added to Paragraph
B.3.a. of Section Ill - Physical Damage Coverage:

The accidental discharge of an airbag shall not be
considered mechanical breakdown if it occurs in a
covered "auto" for which Comprehensive coverage
is purchased. This provision does not apply to "autos" you hire with a driver and is excess over any warranty specifically designed to provide this coverage.

I. Electronic Equipment Coverage
Section Ill - Physical Damage Coverage is
amended as follows:

1. The sublimit in Paragraph C.1.b. of the Limit Of
Insurance Provision is increased to $3,000.

2. No Physical Damage Coverage deductible applies to the first $3,000 of "loss" to electronic equipment described in Paragraph C.1.b. of
the Limit Of Insurance Provision.

J. Single Deductible Provision
The following is added to Paragraph D. of Section
Ill - Physical Damage Coverage:

If a Comprehensive or Specified Causes of Loss
Coverage "loss" from "accident" involves two or
more covered "autos", only the highest deductible
applicable to those coverages will be applied to
the "accident", if the cause of the loss is covered
for those vehicles.

This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to
any covered "autos" for which you do. not carry
such coverage.

If a "loss" covered under this Coverage Part also
involves a "loss" to o\her property from the same
"accident", which is covered under a Commercial
Property or Inland Marine Coverage Part issued
by us to you, only the highest deductible applicable to those coverages will be applied to the "accident".

K. Notice To Company
Paragraph A.2. of Section IV - Business Auto
Conditions is amended as follows:

1. With respect to notification requirements, your
obligation under Paragraph A.2.a. applies only
when the "accident" or "loss" is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership;
c. A member, if you are a joint venture or
limited liability company; or
d. An executive officer or insurance manager,
if you are an organization other than a partnership, joint venture or limited liability company.

2. With respect to the requirements pertaining to
you providing us with document concerning a
claim or "suit", your obligation under Paragraph
A.2.b. will not be considered breached unless
the breach occurs after such claim or "suit" is
known to:
a. You, if you are an individual;
b. A partner, if you are a partnership;
ECA 04 506 0214 Copyright, Everest Reinsurance Company, 2014 Includes copyrighted material of Insurance Services Office, Inc. used with its permission.

c. A member, if you are a joint venture or
limited liability company; or
d. An executive officer or insurance manager,
if you are an organization other than a partnership, joint venture or limited liability company.

L. Blanket Waiver Of Subrogation
The following is added to Paragraph A.5. of Section IV - Business Auto Conditions:
a. However, we waive any right of recovery we
may have against a person, organization or
government entity when you have waived such
right of recovery under a written "insured contract" that is:
(1) Currently in effect or becoming effective
during the term of this policy; and
(2) Executed prior to the "accident" or "loss", or
executed after the "accident" or "loss" if:
(a) The terms and conditions of the written
"insured contract" had been agreed upon prior to the "accident" or "loss"; and (b) You can definitively establish that the
terms and conditions of the written "insured contract" ultimately executed are the same as those which had been
agreed upon prior to the "accident" or
Bloss".
b. We hereby waive any right of subrogation
against any of your officers, directors or employees which might arise by reason of any payment under the insurance afforded by the
policy for the operation, maintenance, use,
loading or unloading of a non-owned "auto".

This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director or employee.

M. Unintentional Failure To Disclose Hazards
The following is added to Paragraph B.2. of Section IV - Business Auto Conditions:

If you unintentionally fail to disclose any hazards
existing on the effective date of this Coverage
Form, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium due to us as a result of these undisclosed hazards in accordance with our filed rating plans.

N. Bodily Injury Includes Mental Anguish
Paragraph C. of Section V - Definitions is replaced by the following:

C. "Bodily injury'' means bodily injury, sickness or
disease sustained by a person, including "mental anguish" or death resulting from any of these at any time.

For the purpose of this provision, the term
"mental anguish" shall mean any type of mental or emotional illness or distress.

0. Mexico Coverage
The coverage provided by this policy for covered
"autos" you own or lease on a long term basis
without drivers are extended to "accidents" or
"losses" occurring in Mexico if:

1. The covered "auto" is in Mexico for a period not
exceeding 10 days; and

2. The covered "auto" is principally garaged and
used in the United States; and

3. The driver of the covered "auto" does not reside in Mexico; For Liability Coverage to apply to "accidents" occurring in Mexico, the following must also apply:

1. Valid and collectible auto liability insurance for
the covered "auto" has been purchased from a
licensed Mexican Insurance Company and is in
force at the time of the "accident"; and

2. The original "suit" for damages is brought within the United States.

For "losses" payable under Physical Damage
Coverage this additional restriction applies:

We will pay "losses" under Physical Damage Coverage in the United States, not in Mexico. If the covered "auto" must be repaired in Mexico in order
to be driven, then the most we will pay for "loss" is
the lesser of the following:

1. The cost of repairing the "auto" or replacing its
parts in Mexico; or

2. The cost of repair or replacement at the nearest point in the United States where the repairs or replacement could be made.

Other Insurance:

The insurance provided by this section will be excess over any other collectible insurance.

Includes copyrighted material of Insurance Services Office, Inc. used with its permission.

ECA 04 506 02 14 □
POLICY: 51GL007107211

COMMERCIAL GENERAL LIABILITY
ECG 24 522 04 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organi;;,;ation:

BLANKET WHERE REQUIRED BY CONTRACT
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following:

We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your operations or "your work" done under a written agreement Iha! requires you lo waive your rights of recovery, The written agreement must be made prior to the date of the "occurrence". This waiver applies only to the person or organization shown In the Schedule above,
ECG 24 522 04 02 Includes copyrighted material of Insurance Services Office, Inc., with Its permission,

POLICY: 51GL007107211 COMMERCIAL GENERAL LIABILITY
ECG 24 520 08 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT - OTHER INSURANCE
(PRIMARY NONCONTRIBUTORY)
This endorsement modifies Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Condition 4. Other Insurance of SECTION IV

COMMERCIAL GENERAL LIABILITY CONDITIONS
is replaced by the following:
a. Primary Insurance
This insurance Is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will
share with all that other Insurance by the
method described in c. below, except that we
will not seek contribution from any party with
whom you have agreed in a written contract or
agreement that this Insurance wlll be primary
and noncontributory, If the written contract or
agreement was made prior to the subject "occurrence" or offense. b. Excess Insurance
This Insurance Is excess over:
(1 J Any of the other Insurance, whether primary, excess, contingent or on any other basis:
(a) That Is Fire, Extended Coverage,
Builder's Risk, Installation Risk or similar coverage for "your work":
(b) That Is Fire insurance for premises
rented to you or temporarily occupied by
you with permission of the owner;
(c) Thal is insurance purchased by you to
cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with
permission of the owner; or
(d) If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft
to the extent not subject to Exclusion g.
of Section I - Coverage A - Bodily Injury And Property Damage Liability. (2) Any other primary Insurance available to
you covering liablllty for damages arising
out of the premises or operations, or the
products and completed operations, for
which you have been added as an additional Insured by attachment of an endorsement.

When this Insurance is excess, we will have no
duty under Coverages A or B to defend the insured against any "suit" if any other Insurer has a duty to defend the Insured against that "suit".

If no other insurer defends, we will undertake
to do so, but we will be entitled to the lnsured's
rights against all those other insurers.

When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, i
f
any, that exceeds the
sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(2) The total of all deductible and self-Insured
amounts under all that other insurance.

We will share the remaining loss, If any, with
any other Insurance that Is not described in this
Excess Insurance provision and was not
bought specifically to apply In excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until It has paid Its applicable limit of Insurance or none of the loss remains, whichever comes first.

ECG 24 520 08 05 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
method, each insurer's share Is based
on the ratio of its applicable limit of insurance to the total applicable limits of Insurance of all Insurers.

ECG 24 520 08 05 Includes copyrighted material of Insurance Services Office, Inc.

Used with Its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT • CALIFORNIA
Policy Number: 16 WE QY5BNB Endorsement Number:

Effective Date: 01/27/21 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: ABSOLUTE SECURITY INTERNATIONAL INC 4255 TYLER AVE
EL MONTE CA 91731
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. {This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by __________________ _
Form WC 04 03 06 (1) Printed in U.S.A.

Authorized Representative
Process Date: 01/25/21 Policy Expiration Date: 01/27/22 POLICY NUMBER: 51GL007107-211 COMMERCIAL GENERAL LIABILITY CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
. This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Oraanizationlsl Locationlsl Of Covered Ooerations
Blanket Where Required By Written Contract
Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
addltional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

CG20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V.

AMENDMENT - AGGREGATE LIMITS OF INSURANCE
{PER PROJECT)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

The General Aggregate Limit under LIMITS OF INSURANCE (SECTION Ill) applies separately to each of your projects away from premises owned by or rented to you.

CG25031185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 □ 1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 27, 2022
SUBJECT: AWARD OF CONTRACT TO ALL CITY MANAGEMENT SERVICES, INC.

FOR CROSSING GUARD SERVICES
REPORT IN BRIEF:

Following a Request for Proposals in 2019 soliciting proposals to provide professional crossing guard services for three (3) locations at nearby schools, All City Management Services, Inc. (ACMS) was awarded a one (1) year contract at the March 23, 2021 City Council meeting. The contract term expired as of June 30, 2022. Following discussion, City staff and ACMS were able to come to an agreement for a new three (3) year contract.

To ensure a safe community, City staff recommends entering into an agreement with All City Management Services, Inc. to continue to provide professional crossing guard services.

RECOMMENDED ACTION:

1. City Council declare this action to be categorically exempt under the California Environmental Quality Act, since the action herein does not constitute a “project” as defined by Section 15378 of the CEQA guidelines; and

2. Award a contract to All City Management Services, Inc. to provide professional crossing guard services for a 3-year maximum contract amount of $137,000, excluding CPI adjustments as provided for in the draft Professional Services Agreement; and

3. Authorize the City Manager, with concurrence of the City Attorney, to make minor modifications to the Professional Services Agreement and to bind the City of Stanton; and

4. Authorize the City Manager to approve contract change orders and contract amendments with All City Management Services, Inc., as needed and determined by City staff, for any contingencies up to $13,700 (10% of contract amount).

Item: 9L
Click here to return to the agenda.
2 BACKGROUND:

The City has been providing crossing guard services at three (3) nearby schools to promote public safety.
• Chanticleer Road and Dale Avenue by Robert M. Pyles STEM Academy • Magnolia Avenue and Pacific Avenue by Esther L. Walter Elementary School • Cerritos Avenue and Knott Avenue by Hansen Elementary School ACMS was awarded a one (1) year contract with the City at the March 23, 2021 Council meeting. The contract term expired as of June 30, 2022.

ANALYSIS/JUSTIFICATION:

Following discussion, City staff and ACMS were able to come to an agreement for a new three (3) year contract.

FISCAL IMPACT:

The Fiscal Year 2022/23 budget includes funds for crossing guard services (Account No. 101-3300-608175) in the amount of $45,165.00. Based on the hourly rates, the annual projected cost for these services is $45,489.60. The Public Works Department’s existing Fiscal Year 2022/23 operating budget can absorb the additional contract cost of $324.60.

ENVIRONMENTAL IMPACT:

The action requested in this report is not categorized as a project, and therefore, categorically exempt under the California Environmental Quality Act.

LEGAL REVIEW:

The City Attorney has reviewed the Agreement.

PUBLIC NOTIFICATION:

Notifications were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

1. Provide a safe community.

Prepared by: Han Sol Yoo, E.I.T, Associate Engineer
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Professional Services Agreement
55414.00000\32996936.2
- 1 -

CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

CROSSING GUARD CONSULTING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, 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 All City Management Services, Inc., a California Corporation, with its principal place of business at 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, California 90670 (“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 certain professional Crossing Guard 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 Crossing Guard 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 professional Crossing Guard consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Crossing Guard consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.

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 Crossing Guard consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 28, 2022 to September 27, 2025, 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 Attachment: A
Click here to return to the agenda.
55414.00000\32996936.2
- 2 -
55414.00000\32996936.2
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 Independent Contractors, Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

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

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

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

The key personnel for performance of this Agreement are as follows: Baron Farwell, General Manager.
55414.00000\32996936.2
- 3 -
55414.00000\32996936.2

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or 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 Consultant but no the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The 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 Consultant’s total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Baron Farwell, General Manager, or his/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/her 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 55414.00000\32996936.2
- 4 -
55414.00000\32996936.2
such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 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.

3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED THIRTY-SEVEN THOUSAND DOLLARS ($137,000.00) (“Total Compensation”) without written approval of City Council or City Manager, as applicable.

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 invoice which indicates work completed and hours of Service rendered by Consultant. 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 Consultant’s fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit “C” of this Agreement.

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 55414.00000\32996936.2
- 5 -
55414.00000\32996936.2
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

3.3.5 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 Labor Code Requirements.

3.4.1 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. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, agents and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. 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 requirement, including the submission of payroll records directly to the DIR.

3.5 Accounting Records.

3.5.1 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.
55414.00000\32996936.2
- 6 -
55414.00000\32996936.2

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 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.

3.6.1.2 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.

3.6.1.3 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.

3.6.2 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:

All City Management Services, Inc.
10440 Pioneer Boulevard, Suite 5
Santa Fe Springs, CA 90670
Attn: Baron Farwell, General Manager
City:

City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Hannah Shin-Heydorn, 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.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or 55414.00000\32996936.2
- 7 -
55414.00000\32996936.2
sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.6.3.2 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.

3.6.3.3 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.

3.6.4 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.

3.6.5 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, 55414.00000\32996936.2
- 8 -
55414.00000\32996936.2
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.

3.6.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

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

The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.

3.6.7 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.

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

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

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

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

3.6.12 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, 55414.00000\32996936.2
- 9 -
55414.00000\32996936.2
hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

3.6.15 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.

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

3.6.17 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.

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

3.6.19 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 55414.00000\32996936.2
- 10 -
55414.00000\32996936.2
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.20 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.

3.6.21 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.

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

3.6.23 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.

3.7 Subcontracting.

3.7.1 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.]
55414.00000\32996936.2
- 11 -
55414.00000\32996936.2
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202_.

CITY OF STANTON ALL CITY MANAGEMENT SERVICES,
INC.

By:

Hannah Shin-Heydorn
City Manager
By:

Baron Farwell
General Manager
ATTEST:

By:

Patricia Vazquez
City Clerk
By:

Demetra Farwell
Corporate Security / Director of
Administrative Services
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55414.00000\32996936.2
C-1
EXHIBIT “A”

SCOPE OF SERVICES
The City of Stanton utilizes a contracted company to provide crossing guard services at intersections near schools during the school year and selected special events. Services include but are not limited to monitoring, supervising, and assuring the safety of school children and pedestrians who utilize street intersections and crosswalks to and from school.

I. Scope of Work shall include but is not limited to:
• Provide a program manager who will coordinate crossing guard services with a City liaison.
• Provide a supervisor to ensure guard activities are taking place at the required places and times and that proper safety procedures are complied with. • Provide fully trained and equipped alternate personnel to ensure all contracted locates are covered in the event regular personnel are absent
• Provide all crossing guards with a standardized uniform and proper weather apparel and gear, approved by the City, which will be worn at all times while performing their duties. • Provide all crossing guards with handheld stop signs and reflective vests, which comply with applicable Federal, State and City laws and regulations. • Persons provided by the contractor as crossing guards shall be trained by the contractor.

Training shall include the laws and codes of the State of California and the City of Stanton pertaining to general pedestrian safety and school crossing areas. Training shall also include general traffic safety for pedestrians, motorists, and the crossing guards themselves. Copies of all training certificates must be provided prior to execution of the contract.
• Provide training for crossing guards in first aid and CPR in accordance with Red Cross certification guidelines. Copies of valid Red Cross certificates on each crossing guard must be furnished to the City prior to signing of the agreement and annually thereafter. • Provide evidence of compliance with California Vehicle Code Section 21100 as it relates to crossing guards and compliance with California Vehicle Code Section 21100(i) prior to execution of the agreement.

II. Contractor Personnel Requirements-Package of Minimum Qualifications The Contractor shall maintain personnel files. Files shall consist of a package of documents for each assigned Crossing Guard consisting of training records, minimum qualifications and includes medical record, social security number, military services, arrest records, and previous employment. Contractor shall provide the City with written certification that each Guard assigned to the City conforms to all City requirements and standards specified.

III. Criminal Background Check
The Contractor shall complete a criminal background check of all Crossing Guards, prior to assignment under the contract, and prior to assigning a Crossing Guard to a City location. 55414.00000\32996936.2
C-2
Thereafter, Contractor shall conduct an annual check, or as deemed necessary for security reasons.

The criminal background check shall be for felony and misdemeanor violations in all United States or countries that the individual has resided in the last five (5) years. Any Crossing Guard found failing to divulge a felony of misdemeanor conviction should not be assigned to the City’s contract.

All costs of these checks shall be at the Contractor’s expense. Nothing in this contract affects or limits Contractor’s obligation under state and federal law to comply with all hiring and background checks procedures in a nondiscriminatory manner.

Based on the nature of the duties of the Crossing Guards, which involves close proximity to and authority over children, an analysis has been undertaken to determine crimes which would make an employee unsuitable to be assigned to City Crossing Guard Service. Crossing Guards who have been convicted of (or arrested for and are awaiting trial) any of the following will not be accepted nor assigned to City Crossing Guard Service:
• Conviction for any crimes listed in Public Resources Code Section 5164, as it may be amended including but not limited to indecent exposure; willful cruelty or unjustified punishment of a child; causing, encouraging, or contributing to the delinquency of a minor; child molestation; rape, statutory rape, incest, or sodomy; kidnapping; armed robbery; murder or involuntary manslaughter; use of a firearm or dangerous weapon in the commission or attempt to commit a felony; or any felony subject to life imprisonment or the death penalty, subject to the limitation stated in Section 5164 • Any crimes, felony or misdemeanor, against a child
• Sex Crime Conviction
IV. Conduct
Contractor’s Crossing Guards will be working at City locations, and as such, they must be polite, courteous, helpful, and interested in serving the public well. Professional standards are expected at all times while on a City post. The City’s designated representative will routinely conduct surprise inspections to ensure the quality of contract Crossing Guards assigned to the City. If it is determined that assigned Crossing Guards do not meet standards of courtesy, ethics, appearance, alertness, and preparedness, they will be removed from post immediately at the expense of the Contractor.

V. Contractor Supervision Requirements
Operations Manager
The Contractor will assign an Operations Manager to ensure the required field supervision and training to the Crossing Guards under his/or supervision during the performance of their duties as required.

The Operations Manager need not be present at all times but should ensure that Crossing Guards assigned to the City are well trained and effective in carrying out their assigned duties. This person will be the liaison to the City. The Operations Manager shall become the City’s primary contact person and be available as needed for the administration and effective functioning of the requested 55414.00000\32996936.2
C-3
crossing guard services required in the Contract. City staff will have direct access to a manager or shift supervisor. Contract crossing guard company will provide phone numbers to City staff. 55414.00000\32996936.2
C-4
EXHIBIT “B”

SCHEDULE OF SERVICES
The Schedule of Services is based on the approximate total of 1,620 project hours annually (August – June) for crossing guards at all locations. Consultant shall perform the Services identified in the Scope of Work at the direction of the City.

The three (3) locations in the City in which crossing guards are necessary. the necessary hours are as follows:

Location School Daily Hours Annual Hours
Chanticleer & Dale Robert Pyles E/S 3.00 540
Magnolia & Pacific Ester Walter E/S 3.00 540
Cerritos & Knott Hansen E/S 3.00 540
Total Annual Program Hours 1,620
Billing Rate $28.08
Not to Exceed Total $137,000.00
Additionally, there may be a need for summer school which should be able to be billed as needed. *Locations are subject to change at any time
55414.00000\32996936.2
C-5
EXHIBIT “C”

COMPENSATION
The City will compensate Consultant for the Services at the rates set forth below, based on the approximate total of 1,620 hours project hours annually for crossing guards at all locations. 55414.00000\32996936.2
C-6
EXHIBIT “D”

INSURANCE REQUIREMENTS

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

3.7.1.2 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 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 $3,000,000 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.
55414.00000\32996936.2
C-7
(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.

3.7.1.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability 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 55414.00000\32996936.2
C-8
written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.7.1.4 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.

3.7.1.5 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.

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

3.7.1.7 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.

3.7.1.8 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.

3.7.1.9 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 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.

3.7.1.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be 55414.00000\32996936.2
C-9
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.

CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 27, 2022
SUBJECT: REVISED CITY COUNCIL RULES OF ORDER
REPORT IN BRIEF:

On July 23, 1997, the City Council adopted, by resolution, the City Council Rules of Order. The Rules of Order were last updated on June 25, 2013. It is desirable to update the Rules of Order to reflect changes in State law and incorporate current practices.

Staff is recommending adoption of a revised handbook correcting minor inconsistencies and incorporating current practices.

RECOMMENDED ACTION:

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

2. Adopt Resolution No. 2022-43 approving the City Council Rules of Order dated September 27, 2022, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, AMENDING THE CITY COUNCIL RULES OF ORDER,
DATED SEPTEMBER 27, 2022”.

BACKGROUND:

The City originally adopted the City Council Rules of Order in July 1997 and an amended Rules of Order in August 1998, May 2004, and June 2013. The purpose of the City Council Rules of Order is to outline an orderly process for handling of City Council meetings and ensuring that the operations of the City Council are managed in the most efficient and effective manner possible. The City Manager, City Attorney, and City Clerk have reviewed and revised the Rules of Order to incorporate updates to the Government Code as well as current practices.

Item: 12A
Click here to return to the agenda.

ANALYSIS AND JUSTIFICATION:

The following table provides a summary of the substantive changes. The revised version with tracked changes is included as Attachment A, along with a clean version included as Attachment B.

Section/Subsection Page (Att A) Revision

1. Meetings

1.4 Notice of Meetings 7 Update City website URL

2. Order of Business
Throughout 9-14
Explicitly references Mayor and
Council Members

2. Order of Business

2.2 Agenda Deadline 9
Updated agenda report submission to
be 13 calendar days preceding the
meeting at which the item is to be
considered

2. Order of Business

2.5 Agenda Items by Mayor
or Council Members 10
Adds “All items with significant
budgetary impact (defined as in excess
of $30,000), or capital improvement
projects, will be agendized at the
annual budget workshop.”

4. Rules, Decorum, and
Order
Throughout 18-20
Explicitly references Mayor and
Council Members

4. Rules, Decorum, and
Order

4.4 Decorum and Order -
Public 19
Incorporates requirements of
Government Code section 54957.95.

Requires a warning be provided to any
individual who disrupts a Council
meeting prior to being removed.

Allows for certain demonstrations by
members of the audience as long as
such actions do not disrupt a Council
meeting.

4. Rules, Decorum, and
Order

4.10 Biennial Review of City
Council Rules 20
Adds “The City Council will review and
revise the City Council Rules of Order
as needed, and at a minimum, every
two years.”

5. Addressing the Council

5.4 Written Correspondence 22
Clarifies that the City Clerk is
authorized to open any mail addressed
to the City Council.

6. Motions

6.6 Motion to Table 25
Explicitly references Mayor and
Council Members

7. Voting

7.4 Failure to Vote 27
Explicitly references Mayor and
Council Members

10. Processing Council Mail 33
Clarifies that the City Clerk is
authorized to open all mail addressed
to the City Council.

Explicitly references Mayor and
Council Members.

11. Use and Dissemination
of Official City Logo and
Seal
Throughout 34-37
Includes City Seal in addition to City
Logo.

Adds content related to the proper and
improper use of the City Logo and/or
City Seal.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of the California Environmental Quality Act (CEQA), this item is not subject to 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).

PUBLIC NOTIFICATION:

Public notification provided through the regular agenda process.

LEGAL REVIEW:

Reviewed by the City Attorney.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
6 – Maintain and promote a responsive, high quality and transparent government.

Prepared by: Hannah Shin-Heydorn, City Manager
Reviewed by: Patricia A. Vazquez, City Clerk
Reviewed by: HongDao Nguyen, City Attorney
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. City Council Rules of Order (Revised Tracked Changes Version) B. City Council Rules of Order (Clean Version)
C. Resolution No. 2022-43
1 CITY COUNCIL

RULES OF ORDER
JUNE, 2013SEPTEMBER 2022
Attachment: A
Click here to return to the agenda.
2 TABLE OF CONTENTS

1. MEETINGS

1.1 Regular Meetings....................................................................................... 6

1.2 Adjourned Meetings .................................................................................. 6

1.3 Special Meetings. ...................................................................................... 6

1.4 Notice of Meetings ..................................................................................... 7

1.5 Meetings to be Public................................................................................. 7

1.6 Quorum...................................................................................................... 7

2. ORDER OF BUSINESS

2.1 Agenda ...................................................................................................... 9

2.2 Agenda Deadline ....................................................................................... 9

2.3 Roll Call ..................................................................................................... 9

2.4 Minutes of Meetings................................................................................. 10

2.5 Agenda Items by Council Members ......................................................... 10

2.6 Closed Session Items by Council Members…………………………………10

2.7 Public Hearings of Legislative Matters..................................................... 11

2.8 Quasi-Judicial Hearings........................................................................... 11

3. PRESIDING OFFICER

3.1 Presiding Officer ...................................................................................... 15

3.2 Call to Order ............................................................................................ 15

3.3 Participation of Presiding Officer.............................................................. 15

3.4 Questions to be Stated ............................................................................ 15

3.5 Signing of Documents.............................................................................. 15

3.6 Maintenance of Order.............................................................................. 15

4. RULES, DECORUM, AND ORDER

4.1 Points of Order......................................................................................... 17

4.2 Decorum and Order - Council Members .................................................. 17

4.3 Decorum and Order - Employees ............................................................ 18

4.4 Decorum and Order - Public .................................................................... 18

4.5 Enforcement of Decorum......................................................................... 18

4.6 Personal Privilege.................................................................................... 18

4.7 Limitation of Debate................................................................................. 19

4.8 Dissents and Protests.............................................................................. 19

4.9 Procedures in Absence of Rules (Robert's Rules of Order)..................... 19 3 5. ADDRESSING THE COUNCIL

5.1 Manner of Addressing the Council........................................................... 21

5.2 Time Limitation ........................................................................................ 21

5.3 Addressing the Council after Motion is Made........................................... 21

5.4 Written Correspondence.......................................................................... 21

5.5 Persons Authorized to be Within Rail ...................................................... 21

5.6 Public Requests for Agenda Items........................................................... 21

6. MOTIONS

6.1 Processing of Motions.............................................................................. 23

6.2 Division of Question................................................................................. 23

6.3 Precedence of Motions ............................................................................ 23

6.4 Motion to Adjourn..................................................................................... 23

6.5 Motion to Fix Hour of Adjournment .......................................................... 23

6.6 Motion to Table ........................................................................................ 24

6.7 Motion for Previous Question................................................................... 24

6.8 Motion to Amend and Substitute Motion .................................................. 24

6.9 Motion to Continue................................................................................... 24

7. VOTING

7.1 Voting Procedure ..................................................................................... 26

7.2 Roll Call Voting and Voting Required....................................................... 26

7.3 Order of Roll Call Vote............................................................................. 26

7.4 Failure to Vote ......................................................................................... 26

7.5 Reconsideration....................................................................................... 26

8. RESOLUTIONS

8.1 Resolution Prepared in Advance ............................................................. 28

8.2 Resolution not Prepared in Advance ....................................................... 28

8.3 Urgency Resolutions................................................................................ 28

9. ORDINANCES

9.1 Introduction.............................................................................................. 30

9.2 Adoption................................................................................................... 30

9.3 Effective Date .......................................................................................... 30

9.4 Publishing ................................................................................................ 30

9.5 Urgency Ordinances ................................................................................ 30 4 10. PROCESSING COUNCIL MAIL ................................................................ 32

11. USE AND DISSEMINATION OF THE OFFICIAL CITY LOGO

11.1 Official City Business ............................................................................... 34

11.2 Misleading Use of City Logo .................................................................... 34

11.3 Approved Correspondence...................................................................... 34

11.4 Prohibited Correspondence ..................................................................... 35

SAMPLE FORMS

1. Request to Speak .................................................................................... 37

2. Request to Place Item on Agenda ........................................................... 38 5 MEETINGS
6 1. MEETINGS

1.1 REGULAR MEETINGS:

The City Council of the City of Stanton shall hold regular meetings in the City Hall located at 7800 Katella Avenue, Stanton, California, on the second and fourth Tuesday of each month, except for the fourth Tuesday in December, at the following times:

(1) At 6:00 P.M. the City Council may meet solely for the purpose of conducting Closed Sessions as permitted by law; and
(2) At 6:30 P.M. the City Council shall commence the Regular Meeting.

When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday (Government Code Sections 36805, 54954).

The second meeting in December shall not be held due to its proximity to a legal holiday. Should City Council action be required prior to the first meeting in January, an adjourned or special meeting may be called.

1.2 ADJOURNED MEETINGS:

Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened (Government Code Sections 36805, 36809 et. seq, 36810, 54955).

1.3 SPECIAL MEETINGS, EMERGENCY MEETINGS:

Special Meetings may be called by the Mayor or majority of Council Members with the knowledge of the majority on 24-hour notice, as set forth in Section 54956 of the Government Code. Only matters contained in the notice may be considered. Emergency meetings in emergency situations may be called pursuant to Government Code 54956.5.
7 1.4 NOTICE OF MEETINGS:

The Agenda for Council meetings shall be posted seventy-two (72) hours prior to the meeting (Government Code Section 54954.2). Places of posting are:

1. Stanton City Hall, 7800 Katella Avenue.
(Designated public notice board in the vicinity of the Council Chambers.)

2. Stanton Community Services Center, 11822 Santa Paula. (Bulletin board inside building.)

3. United States Post Office, 10440 Beach Boulevard.
(Bulletin board inside building.)

4. Online at www.ci.stanton.ca.us www.StantonCA.gov.
(City of Stanton website)

1.5 MEETINGS TO BE PUBLIC:

All regular, adjourned, and special meetings of the City Council shall be open to the public, provided however, the City Council may hold closed sessions from which the public may be excluded in accordance with applicable law (Government Code Sections 54953, 54956.7 et. seq.).

1.6 QUORUM:

A majority of the Council constitutes a quorum for transaction of business. Less than a majority may adjourn a City Council meeting from time to time. (Government Code Sections 36810 and 54955).
8 ORDER OF BUSINESS
9 2. ORDER OF BUSINESS

2.1 AGENDA:

The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of subjects which shall be taken up for consideration and disposition in the following order, except with the majority vote of the Council, items may be taken out of order:

1. Closed Session Call to Order 6:00 P.M.

Oral Communications – Closed Session

2. Regular Meeting Call to Order 6:30 P.M.

3. Pledge of Allegiance

4. Roll Call

5. Special Presentations and Awards

6. Consent Calendar

7. Public Hearings

8. Unfinished Business

9. New Business

10. Oral Communications

11. Written Communications

12. Mayor and Council Initiated Business
12A. Committee Reports/Mayor and Council Announcements
12B. Mayor and Council Initiated Items for a Future Council Meeting 12C. Mayor and Council Initiated Items for a Future Study Session

13. Items from City Attorney

14. Items from City Manager

15. Adjournment
The Agenda shall be delivered to the Mayor and Council Members each Thursday preceding the Tuesday meeting to which it pertains. It shall be posted and made available to the public 72 hours before the meeting.

2.2 AGENDA DEADLINE:

Any staff member wishing to provide a staff report or additional material for an item on the Agenda shall submit same to the City Clerk's Office no later than 13 calendar days 12:00 Noon on Tuesday preceding the meeting at which the item is to be considered.

2.3 ROLL CALL:

Before proceeding with the business of the Council, the City Clerk shall call the roll of the Mayor and Council Members and the names of those present shall be entered in the minutes.
10 2.4 MINUTES OF MEETINGS:

Written minutes of the City Council meetings shall be prepared by the City Clerk as a report of actions taken and shall be approved by the Council (Government Code Sections 36814, 40801). The open sessions of the Council meetings shall be audio tape recorded for the sole purpose of facilitating preparation of the minutes. The City Clerk may destroy or erase the tape audio recording at any time after the minutes of the meeting are approved, and, provided at least thirty (30) days have passed since the date of the meeting (Government Code Section 54953.5 (b)).

2.5 AGENDA ITEMS BY MAYOR OR COUNCIL MEMBERS:

The Mayor or Aany Council Member desiring to place an item on a City Council Meeting Agenda under "Mayor and Council Initiated Business" shall submit to the City Clerk a completed Request to Place Item on Agenda form (Exhibit "A") which shall include a written title/topic and rationale of the item, together with any available supporting information or back-up material, prior to the commencement of a City Council meeting. Once the form has been submitted to the City Clerk, the Mayor or Council Member who submitted the form may make his/her request under "Mayor and Council Initiated Business" to add his/her requested item onto a subsequent City Council meeting agenda.

In the interest of all parties and to ensure complete communication on all issues, before staff is asked to investigate, research or otherwise expend time and resources on a new project or new direction for an existing project or process, that issue would come before the City Council for discussion, input and consensus. (Added April 14, 2009).

All items with significant budgetary impact (defined as in excess of $30,000), or capital improvement projects, will be agendized at the annual budget workshop.

2.6 CLOSED SESSION ITEMS BY MAYOR OR COUNCIL MEMBERS:

Closed Session items are normally brought to the Council’s attention through the City Manager’s office with the concurrence of the City Attorney. Should the Mayor or a Council Member desire to bring an item forward at a Closed Session they shall first initiate the request with the City Manager who will in turn consult with the City Attorney and then notify the Mayor and/or remaining Council Members.

2.7 PUBLIC HEARINGS OF LEGISLATIVE MATTERS:

Generally, public hearings, other than those of a quasi-judicial nature (quasi-judicial matters are those matters where the City Council is interpreting and applying regulations, such as consideration of use permits or zoning issues), shall be conducted in the following order:
11 (1) Staff reports
(2) Questions of staff by Council
(3) Hearing opened by Mayor
(4) Public testimony
(5) Questions by Council
(6) Hearing closed by Mayor
(7) Discussion by Council
(8) Action by Council
Questions and comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit testimony to less than the three (3) minutes per individual permitted by Section. 5.2. Any person may speak for a longer period of time, by majority vote of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time.

The Mayor and Council Members should not speak to an issue until the public hearing has been closed. If the Mayor or a Council Member has met and/or discussed the matter to be reviewed under the public hearing with any individual prior to the public hearing, he/she should acknowledge such meeting prior to opening of the hearing at the Council meeting.

Once a hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of the Mayor or Council Members addressed through the Chair.

2.8 QUASI-JUDICIAL HEARINGS:
(1) Conduct of Hearings.

The procedures set forth in this Section shall govern the conduct of all quasi-judicial hearings before the City Council on matters on which the City Council is required by law to conduct such a hearing. Such hearings include those involving the granting, denial or revocation of discretionary land use permits, discretionary business licenses or permits and others where vested personal or property rights are at stake.

The parties to such hearings shall have the right to the following:

1. Testimony under oath.

2. The right to cross-examination.

3. The right to representation.

4. The issuance of a written decision (which may be announced orally by the City Council and reported in the transcript of the hearing).

Except as otherwise required by law, the technical rules of evidence shall not apply. As used in this Section, the word "evidence" is not used in the limited sense of legally admissible evidence.
12 (2) Time of Hearings: Continuance.

Except as otherwise required by law or order of the City Council, all hearings subject to this Section shall be set for 6:30 p.m. Such hearings shall be heard in the order they appear on the agenda.

Subject to the requirements of law, a hearing may be continued by the City Council from time to time to a date and time certain. (3) Order of Proceedings.

Hearings shall proceed in the following order:

1. If the Mayor or a Council Member has met and/or discussed the matter to be reviewed under the public hearing with any individual prior to the public hearing, he/she should acknowledge such meeting prior to opening of the hearing at the Council meeting.

2. Presentation of evidence, testimony and statements by the City staff or counsel representing the City, with questioning, if any, of each person upon conclusion of his/her presentation, as provided in Sections 4 and 6.

3. Presentation of evidence, testimony and statements by the applicant or appellant and then all persons in favor of the matter being heard, with questioning, if any, of each person making an appearance upon conclusion of his/her presentation, as provided in Sections 4 and 6.

4. Presentation of evidence, testimony and statements by all persons in opposition to the matter being heard, with questioning, if any, of each person making an appearance upon conclusion of his/her presentation, as provided in Sections 4 and 6.

5. If the matter being heard is before the City Council on the petition or appeal of any person, the Presiding Officer may permit the petitioner or appellant to present rebuttal evidence, testimony and statements.

6. Close of hearing and submission of matter for decision.

(4) Allowable Time for Presentation.

A person desiring to speak or make a presentation will be given a reasonable time to do so. The Presiding Officer may, at any time, impose a time limit with respect to a presentation if he/she finds it necessary to prevent abuse or to provide all interested persons a fair and reasonable opportunity to be heard.

Presentations should be as brief and concise as reasonably possible, without unnecessary delay or repetition.
13 (5) Evidence, Testimony and Statements Submitted or Presented at Hearing.

Any person may submit or present evidence, testimony or statements in favor of or against the matter which is being heard. Each person who submits or presents evidence, testimony or a statement may be requested, but shall not be required, to answer questions regarding that evidence, testimony or statement. (6) Marking and Filing of Exhibits: Examination of Members.

All documentary or real evidence presented to the City Council at a hearing shall be identified by the person presenting it and shall be filed with the City Council as an exhibit by submitting it to the City Clerk. The City Clerk shall mark all documentary and real evidence submitted as having been filed with the City Council at the hearing and shall designate it by an appropriate exhibit number or letter. Documentary or real evidence shall not be considered by the City Council unless it is filed with the City Council at the hearing as above provided.

All documentary or real evidence filed with the City Council may be examined by a member of the City Council at any time. However, members shall not comment on or ask questions about the evidence except during the hearing, nor discuss it except during the discussion among the members after the hearing has been closed and the matter stands submitted.
(7) Questioning Through Presiding Officer: By Whom Such Questioning May Be Done.

The Presiding Officer may, with the consent of the person but not otherwise, permit questioning of a person who appears and makes a presentation. Such questioning, whether by members of the City Council or persons in attendance (including, but not limited to, officers or employees of the City), shall be done only through the Presiding Officer. The person asking the question shall not speak directly to the person being questioned.

After gaining recognition from the Presiding Officer and stating his/her name, address, and whom he/she represents, any person at the hearing may request permission from the Presiding Officer to ask questions of a person who has appeared and made a presentation and who has consented to such questioning.

If the Presiding Officer grants the request, the person may then ask questions in accordance with this Section.

The Presiding Officer's decision on: (a) whether a person may be questioned at all, (b) who may ask questions, (c) the number of questions which may be asked, and (d) whether a particular question may be asked, shall be subject to approval by the City Council. However, the person being questioned may refuse to answer all or any of the questions asked of him/her.
14 (8) Discussion and Deliberation by Members on Submitted Matters.

After the hearing has been closed and the matter is submitted for decision, the Mayor and members of the City Council shall deliberate the matter. No other person may speak and no further exhibits may be filed. Subject to the requirements of law, the City Council may take the matter under submission for a reasonable period of time and may, for this purpose, continue its deliberations from time to time.
15 PRESIDING OFFICER
16 3. PRESIDING OFFICER

3.1 PRESIDING OFFICER:

The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem the Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Tem or until adjournment. (Selection of Mayor and Mayor Pro Tem - Government Code 36801.)

3.2 CALL TO ORDER:

Meetings of the Council shall be called to order by the Mayor or in his absence by the Mayor Pro Tem. In the absence of both the Mayor and the Mayor Pro Tem the meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer.

3.3 PARTICIPATION OF PRESIDING OFFICER:

The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he/she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he/she desires to personally engage in extended debate on questions before the Council, he/she should consider turning the Chair over to another member.

3.4 QUESTIONS TO BE STATED:

The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated.

3.5 SIGNING OF DOCUMENTS:

The Mayor shall sign ordinances, resolutions and contracts approved by the Council at meetings at which he/she is in attendance. In the event of his/her absence, the Mayor Pro Tem shall sign all such documents, as have been adopted and approved by the Council. In the absence of the Mayor and the Mayor Pro Tem the temporary Presiding Officer shall sign all such documents as have been approved and adopted during the meeting at which he/she presided.

3.6 MAINTENANCE OF ORDER:

The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the Chair.
17 RULES, DECORUM, AND
ORDER
18 4. RULES, DECORUM, AND ORDER

4.1 POINTS OF ORDER:

The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order.

4.2 DECORUM AND ORDER - COUNCIL MEMBERS:
(1) Every Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself/herself to the question under debate.
(2) The Mayor and Eevery Council Member desiring to question the administrative staff shall address his/her question to the City Manager or City Attorney who shall be entitled either to answer the inquiry himself/herself or to designate some member of his/her staff for that purpose.
(3) The Mayor and Aall Council Members are subject to the Provisions of California Law, such as Chapter 7, Title 9, of the CA Govt. Code, relative to conflicts of interest and to conflict of interest codes adopted by the City.

The Mayor or Aany Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Mayor and/or Council Member will leave the Council Chambers during debate and voting of the issue.
(4) The Mayor or Aa Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another Council Member, or unless the speaker chooses to yield to questions from the Mayor or another Council Member.
(5) If the Mayor or a Council Member is called to order while speaking, he/she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/she shall be permitted to proceed.

If ruled to be not in order, he/she shall remain silent or shall alter the remarks so as to comply with the rules of the Council.
(6) The Mayor and Council Members shall accord reasonable courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities.
(7) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him/her to so act.
(8) Members of the Council shall not leave their seats during a meeting without the consent of the Presiding Officer.
19 4.3 DECORUM AND ORDER - EMPLOYEES:

Members of the administrative staff and employees of the City shall observe the same rules, procedures, and decorum applicable to the Mayor and members of the Council. The City Manager shall insure that all City employees observe such decorum. Any staff member, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or public member.

4.4 DECORUM AND ORDER - PUBLIC:

Public members attending Council Meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council Meeting who disrupts a Council meeting shall be removed from the room if the sergeant-at-arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Prior to removing an individual, the Presiding Officer shall follow the procedure provided in Government Code section 54957.95, as may be amended. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding Officer as long as such actions do not disrupt a Council meeting., who shall direct the sergeant-at-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer.

4.5 ENFORCEMENT OF DECORUM:

The Chief of Police shall be sergeant-at-arms of the Council. He/she shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Any person disrupting Council proceedings, as defined in Government Code section 54957.95, may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine or imprisonment or both. Upon instruction from the Presiding Officer it shall be the duty of the Chief of Police or his/her representative to eject any person from the Council Chambers or place him/her under arrest or both.

4.6 PERSONAL PRIVILEGE:

The right of a Member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned, or impugned.
20 4.7 LIMITATION OF DEBATE:

Neither the Mayor nor any CouncilNo Member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. Neither the Mayor nor any CouncilNo mMember shall speak for a longer time than five minutes each time he/she has the floor, without the approval of a majority vote of the Council.

4.8 DISSENTS AND PROTESTS:

The Mayor or any Council Member Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons...".

4.9 PROCEDURES IN ABSENCE OF RULES:

In the absence of a rule to govern a point or procedure, Robert's Rules of Order shall govern. The opinion of the City Attorney may be considered.

4.10 BIENNIAL REVIEW OF CITY COUNCIL RULES:

The City Council will review and revise the City Council Rules of Order as needed, and at a minimum, every two years.
21 ADDRESSING THE

COUNCIL
22 5. ADDRESSING THE COUNCIL

5.1 MANNER OF ADDRESSING THE COUNCIL:

Any person desiring to address the Council shall complete a request to speak card, return it to the City Clerk, and wait to be recognized by the Presiding Officer. After being recognized, the speaker shall state his/her name and City in which he/she lives for the record and shall limit remarks to the question under discussion. All remarks and questions shall be addressed to the Chair and not to any individual Council Members, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer.

5.2 TIME LIMITATION:

Any public member addressing the Council on both Oral Communications and Agenda Items shall limit his/her remarks to a three (3) minute aggregate time period, unless more or less time is granted by the Presiding Officer.

Any public member addressing the Council on public hearing matters shall limit his/her remarks to three (3) minutes unless more or less time is granted by the Presiding Officer.

5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE:

After a motion has been made or after a public hearing has been closed, no person shall address the Council without first securing permission by a majority vote of the Council.

5.4 WRITTEN CORRESPONDENCE:

The City Clerk is authorized to receive and open all mail addressed to the City Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be disposed of between Council Meetings. Any communication requiring Council action will be reported to the Council at its next regular meeting together with a report and recommendation of the City Manager.

5.5 PERSONS AUTHORIZED TO BE WITHIN RAIL:

No person shall approach the Council dais during a meeting without the permission of the Presiding Officer.

5.6 PUBLIC REQUESTS FOR AGENDA ITEMS:

Any member of the public desiring to have an item placed on a City Council agenda shall personally appear before the Council at a Council meeting and make an oral or written request for the item to be placed on a future City Council agenda. At the meeting where the request is made the City Council shall vote on whether to place the item on an agenda; if the Council votes favorably the requesting party shall provide written supporting information on the item at least 24 hours prior to the agenda deadline for the meeting where the item is to be considered.
23 MOTIONS
24 6. MOTIONS

6.1 PROCESSING OF MOTIONS:

No motion shall be considered by the Council unless it is seconded. When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion shall not be withdrawn by the maker of the motion without the consent of the member seconding it and the approval of the Council.

6.2 DIVISION OF QUESTION:

If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same.

6.3 PRECEDENCE OF MOTIONS:

When a motion is before the Council, no motion shall be entertained except the following which shall have precedence in the following order:
(1) Adjourn
(2) Fix hour of Adjournment
(3) Table
(4) Previous Question
(5) Amend or Substitute
(6) Postpone or Continue

6.4 MOTION TO ADJOURN:

A motion to adjourn shall be in order at any time except as follows:
(1) When repeated without intervening business or discussion; (2) When made as an interruption of a member while speaking; (3) When the previous question has been ordered; and
(4) While a vote is being taken.

A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned.

6.5 MOTION TO FIX HOUR OF ADJOURNMENT:

Such a motion shall be to set at a definite time at which to adjourn and shall be undebatable and unamendable except as to time set.
25 6.6 MOTION TO TABLE:

A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude any amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the meeting. Once an item is tabled and the meeting is adjourned, the City Manager may take the item off the table by placing it on a future agenda or the Mayor or a Council Member may request it be taken off the table at any City Council meeting, in which event it shall be placed on the next regular meeting agenda.

6.7 MOTION FOR PREVIOUS QUESTION:

Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.

6.8 MOTION TO AMEND AND SUBSTITUTE MOTION:

A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment.

Amendments shall be voted first, then the main motion as amended.

6.9 MOTION TO CONTINUE:

Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.
26 VOTING
27 7. VOTING

7.1 VOTING PROCEDURE:

On the passage of every motion, the vote shall be taken by voice or roll call and entered in the minutes; provided, however, when the Presiding Officer concludes there is no Council opposition to a motion on the floor, he/she may, in lieu of calling for a vote state:
“Hearing no opposition, the matter is hereby unanimously approved (or adopted).” or, “No objections? - so ordered”.

Such statement shall constitute unanimous approval unless a Council Member objects, in which event a formal vote shall be taken.

7.2 ROLL CALL VOTING AND VOTE REQUIRED:

The adoption of ordinances (not introduction) and resolutions or orders for the payment of money require three affirmative votes. A roll call vote shall be used for adoption of ordinances and for the payment of money. Any other question before the Council shall not require a roll call vote unless demanded by any member before the voice vote has been taken. It shall not be in order for members to explain their vote during roll call. Any member may change his vote before the next order of business (Government Code Section 36936).

The following matters require three affirmative votes:
a. Adoption of Ordinances. (Government Code 36936)
b. Adoption of Resolutions. (Government Code 36936)
c. Orders for payment of money. (Government Code 36936) Urgency ordinances require a four-fifths vote. (Government Code 36937 (b))

7.3 ORDER OF ROLL CALL VOTE
When calling the roll on motions the following order shall be used: Rotation

7.4 FAILURE TO VOTE:

Every member should vote unless disqualified for cause accepted by vote of the Council or by opinion of the City Attorney. Self-disqualification, without approval, which results in a tie vote, shall be avoided as thwarting Council action, but neither the Mayor nor any Council Member shall be forced to vote. The Mayor or Aa Council Member who abstains shall in effect consent that a majority of the quorum may act for him. Tie votes shall be lost motions and may be reconsidered.

7.5 RECONSIDERATION:

Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council.
28 RESOLUTIONS
29 8. RESOLUTIONS

8.1 RESOLUTION PREPARED IN ADVANCE:

Where a resolution has been prepared in advance, the procedure shall be:
motion, second, discussion, vote, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may call for a roll call vote or require that the resolution be read in full.

8.2 RESOLUTION NOT PREPARED IN ADVANCE:

Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Attorney to prepare a resolution for presentation at the next Council Meeting as follows: motion, second, "no objections? - so ordered!".

8.3 URGENCY RESOLUTIONS:

In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure for resolutions prepared in advance shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law or in improvement acts, zoning matters and force account work on public projects.
30 ORDINANCES
31 9. ORDINANCES

9.1 INTRODUCTION:

Ordinances shall be introduced for first reading by motion, second, and majority vote. An ordinance which is on the agenda for introduction may be introduced by reading the title only, or, if the agenda and staff report accompanying the ordinance recommend introduction, it shall be sufficient for introduction if a motion and second to adopt or approve the “recommended action” is passed. If changes, except clerical corrections, are required after introduction, the ordinance shall be re-introduced.

9.2 ADOPTION:

Second reading and adoption shall take place at least five days after the day of introduction (first reading) (Government Code Section 36934). Each ordinance presented for adoption, with the exception of urgency ordinances, shall be read in full or "by title only," as the case may be. After the second reading, a roll call vote shall be taken on the proposed ordinance. Three affirmative votes shall be required for adoption (Government Code Section 36936). Ordinances shall be adopted only at regular or adjourned meetings (Government Code Section 36934).

9.3 EFFECTIVE DATE:

All ordinances, except as provided in Section 36937 of the Government Code, shall become effective 30 days after adoption or upon such later date as may be designated in the ordinance.

9.4 PUBLISHING:

It shall be the duty of the City Clerk to publish or post the ordinance in accordance with Section 36933 of the Government Code within fifteen (15) days after adoption.

9.5 URGENCY ORDINANCES:

All urgency ordinances shall receive a four-fifth (4/5) vote, be read in full, or "by title only," be published or posted in accordance with Section 36937 (b) of the Government Code, and become effective immediately (Government Code Section 36934).
32 PROCESSING

COUNCIL MAIL
33 10. PROCESSING COUNCIL MAIL
The City Clerk is authorized to receive and open all mail addressed to the City Council generally. All opened mail will be duplicated for the Mayor and each Council Member.

Mail addressed to an individual Council Member shall be delivered unopened.

It shall be the responsibility of the Mayor and each Council Member to bring to the attention of the City Clerk those items of mail requiring action. Any communication requiring Council action will be placed on the next regular agenda. 34 USE AND DISSEMINATION

OF OFFICIAL CITY LOGO

AND SEAL
35 11. USE AND DISSEMINATION OF THE OFFICIAL CITY LOGO AND CITY SEAL
The City Logo and City Seal are graphic symbols that identify the City of Stanton as an organization and are often the primary means by which the public forms an image of the City. The City Logo and City Seal are also considered and perceived by the public as symbols of the authority and jurisdiction of the City and, as such, are valuable assets of the City and its citizens.

City Logo:The City Logo is the word “Stanton” in script with the City seal, adopted on April 28, 1987, placed in the “O”.

City Seal:

California law prohibits the use of any public resources for personal or political gain.

11.1 OFFICIAL CITY BUSINESS:

The City Logo and City Seal are the property of the City, used for the purpose of certifying official records and to identify City communications, programs, initiatives, partnerships, and sponsorships.

The City Logo and City Seal shall be used for official purposes only, or as authorized by a majority vote of the City Council.

The City Logo and/or City Seal may be used on City buildings, elected official pins, City business cards, City letterhead, calendars, public notices, resolutions, awards, and other formal places authorized by the City Council or City Manager.

Use of the official City Logo and/or City Seal may be used in general connection with official City brochures, publications, insignias, postings, website, painting, pamphlets, and City promotional materials. It may also be used on City vehicles, equipment, and fixtures such as signage.

If used by an outside organization upon the approval of the City Council, the City Logo and/or City Seal must remain in its entirety with no alterations.

On occasion, the City Council will authorize the usage of the City Logo and/or City Seal for signature events or other promotional measures that benefit the community. Any such approval should be considered for the specific event, time, 36 and use so approved by the City. Prior approval of a use shall not constitute approval for any future or recurring use.

Neither the official City logo nor any reasonable facsimile thereof shall be used for any purpose whatsoever except in the communication of official City business.
“Official City business” is defined as correspondence emanating from the City staff, City Manager, City Clerk, City Attorney, or from a Mayor or Council Member which is done pursuant to City Council or City Manager direction or which can be implied direction as a result of established practice and which responds to official requests from specific individuals or agencies or which seeks to inform or question them about official City business.

11.2 MISLEADING USE OF CITY LOGO OR CITY SEAL:

No person shall use the City Logo or City Seal or a symbol that imitates the City Logo or City Seal, or that may be mistaken therefore, that is designed, intended or likely to confuse, deceive or mislead the public, for political/campaign, private or commercial purposes, or for any purpose other than for the official business of the City.

No person shall use the City logo in a fashion or manner that would tend to lead a recipient thereof to believe that a communication is official City policy or correspondence when it is not.

11.3 APPROVED CORRESPONDENCE:
“Approved correspondence” is defined as correspondence emanating from the City staff, City Manager, City Clerk, City Attorney, or from the Mayor or a Council Member which is done pursuant to City Council or City Manager direction or which can be implied direction as a result of established practice and which responds to official requests from specific individuals or agencies or which seeks to inform or question them about official City business.

The following three categories of correspondence may be prepared on City letterhead:
(1) Personal letters of appreciation to, or requesting support of, local agencies.
(i.e., Correspondence to the League of California Cities, requests for commemorative stamps or ride-a-longs, appointments to office.) (2) Personal letters responding to, or issuing, invitations. (i.e., Correspondence regarding invitations to symphonies, breakfasts, Sister City functions, civic group functions and student contests.) (3) Personal letters to, or on behalf of, citizens, etc. 37 (i.e, letters of condolence, get well wishes, congratulations on achievements, scouting ceremonies, anniversaries, anti-drugs, holiday decorations, civic club activities, recommendations, commendations.)

11.4 PROHIBITED CORRESPONDENCE:
(1) Personal Business or Political Campaign Use
No person shall use the City Logo or City Seal for any personal business.

No person shall use the City Logo or City Seal for purposes of supporting or opposing the nomination or election to any City or other public office of himself/ herself or any other person, or for purpose of supporting or opposing any ballot measure, nor include such City Logo or City Seal on any writing distributed for purposes of influencing the action of the electorate or any part thereof, in any election.

No person shall use the official stationery containing the City logo for any personal business or political campaign use.
(2) Personal opinion letters to area legislators or newspapers No person shall use the official stationery containing the City logo or City Seal for any personal opinion letters to area legislators or newspapers. (i.e., Letters to the Editor; correspondence regarding proposed or pending legislation or political endorsements.)
38 SAMPLE FORMS
1 CITY COUNCIL

RULES OF ORDER
SEPTEMBER 2022
Attachment: B
Click here to return to the agenda.
2 TABLE OF CONTENTS

1. MEETINGS

1.1 Regular Meetings....................................................................................... 6

1.2 Adjourned Meetings .................................................................................. 6

1.3 Special Meetings. ...................................................................................... 6

1.4 Notice of Meetings ..................................................................................... 7

1.5 Meetings to be Public................................................................................. 7

1.6 Quorum...................................................................................................... 7

2. ORDER OF BUSINESS

2.1 Agenda ...................................................................................................... 9

2.2 Agenda Deadline ....................................................................................... 9

2.3 Roll Call ..................................................................................................... 9

2.4 Minutes of Meetings................................................................................. 10

2.5 Agenda Items by Council Members ......................................................... 10

2.6 Closed Session Items by Council Members…………………………………10

2.7 Public Hearings of Legislative Matters..................................................... 10

2.8 Quasi-Judicial Hearings........................................................................... 11

3. PRESIDING OFFICER

3.1 Presiding Officer ...................................................................................... 16

3.2 Call to Order ............................................................................................ 16

3.3 Participation of Presiding Officer.............................................................. 16

3.4 Questions to be Stated ............................................................................ 16

3.5 Signing of Documents.............................................................................. 16

3.6 Maintenance of Order.............................................................................. 16

4. RULES, DECORUM, AND ORDER

4.1 Points of Order......................................................................................... 18

4.2 Decorum and Order - Council Members .................................................. 18

4.3 Decorum and Order - Employees ............................................................ 19

4.4 Decorum and Order - Public .................................................................... 19

4.5 Enforcement of Decorum......................................................................... 19

4.6 Personal Privilege.................................................................................... 19

4.7 Limitation of Debate................................................................................. 20

4.8 Dissents and Protests.............................................................................. 20

4.9 Procedures in Absence of Rules (Robert's Rules of Order)..................... 20

4.10 Biennial Review of City Council Rules ..................................................... 20 3 5. ADDRESSING THE COUNCIL

5.1 Manner of Addressing the Council........................................................... 22

5.2 Time Limitation ........................................................................................ 22

5.3 Addressing the Council after Motion is Made........................................... 22

5.4 Written Correspondence.......................................................................... 22

5.5 Persons Authorized to be Within Rail ...................................................... 22

5.6 Public Requests for Agenda Items........................................................... 22

6. MOTIONS

6.1 Processing of Motions.............................................................................. 24

6.2 Division of Question................................................................................. 24

6.3 Precedence of Motions ............................................................................ 24

6.4 Motion to Adjourn..................................................................................... 24

6.5 Motion to Fix Hour of Adjournment .......................................................... 24

6.6 Motion to Table ........................................................................................ 25

6.7 Motion for Previous Question................................................................... 25

6.8 Motion to Amend and Substitute Motion .................................................. 25

6.9 Motion to Continue................................................................................... 25

7. VOTING

7.1 Voting Procedure ..................................................................................... 27

7.2 Roll Call Voting and Voting Required....................................................... 27

7.3 Order of Roll Call Vote............................................................................. 27

7.4 Failure to Vote ......................................................................................... 27

7.5 Reconsideration....................................................................................... 27

8. RESOLUTIONS

8.1 Resolution Prepared in Advance ............................................................. 29

8.2 Resolution not Prepared in Advance ....................................................... 29

8.3 Urgency Resolutions................................................................................ 29

9. ORDINANCES

9.1 Introduction.............................................................................................. 31

9.2 Adoption................................................................................................... 31

9.3 Effective Date .......................................................................................... 31

9.4 Publishing ................................................................................................ 31

9.5 Urgency Ordinances ................................................................................ 31 4 10. PROCESSING COUNCIL MAIL ................................................................ 33

11. USE AND DISSEMINATION OF THE OFFICIAL CITY LOGO

11.1 Official City Business ............................................................................... 35

11.2 Misleading Use of City Logo .................................................................... 36

11.3 Approved Correspondence...................................................................... 36

11.4 Prohibited Correspondence ..................................................................... 36

SAMPLE FORMS

1. Request to Speak .................................................................................... 39

2. Request to Place Item on Agenda ........................................................... 40 5 MEETINGS
6 1. MEETINGS

1.1 REGULAR MEETINGS:

The City Council of the City of Stanton shall hold regular meetings in the City Hall located at 7800 Katella Avenue, Stanton, California, on the second and fourth Tuesday of each month, except for the fourth Tuesday in December, at the following times:

(1) At 6:00 P.M. the City Council may meet solely for the purpose of conducting Closed Sessions as permitted by law; and
(2) At 6:30 P.M. the City Council shall commence the Regular Meeting.

When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday (Government Code Sections 36805, 54954).

The second meeting in December shall not be held due to its proximity to a legal holiday. Should City Council action be required prior to the first meeting in January, an adjourned or special meeting may be called.

1.2 ADJOURNED MEETINGS:

Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened (Government Code Sections 36805, 36809 et. seq, 36810, 54955).

1.3 SPECIAL MEETINGS, EMERGENCY MEETINGS:

Special Meetings may be called by the Mayor or majority of Council Members with the knowledge of the majority on 24-hour notice, as set forth in Section 54956 of the Government Code. Only matters contained in the notice may be considered. Emergency meetings in emergency situations may be called pursuant to Government Code 54956.5.
7 1.4 NOTICE OF MEETINGS:

The Agenda for Council meetings shall be posted seventy-two (72) hours prior to the meeting (Government Code Section 54954.2). Places of posting are:

1. Stanton City Hall, 7800 Katella Avenue.
(Designated public notice board in the vicinity of the Council Chambers.)

2. Stanton Community Services Center, 11822 Santa Paula. (Bulletin board inside building.)

3. United States Post Office, 10440 Beach Boulevard.
(Bulletin board inside building.)

4. Online at www.StantonCA.gov.
(City of Stanton website)

1.5 MEETINGS TO BE PUBLIC:

All regular, adjourned, and special meetings of the City Council shall be open to the public, provided however, the City Council may hold closed sessions from which the public may be excluded in accordance with applicable law (Government Code Sections 54953, 54956.7 et. seq.).

1.6 QUORUM:

A majority of the Council constitutes a quorum for transaction of business. Less than a majority may adjourn a City Council meeting from time to time. (Government Code Sections 36810 and 54955).
8 ORDER OF BUSINESS
9 2. ORDER OF BUSINESS

2.1 AGENDA:

The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of subjects which shall be taken up for consideration and disposition in the following order, except with the majority vote of the Council, items may be taken out of order:

1. Closed Session Call to Order 6:00 P.M.

Oral Communications – Closed Session

2. Regular Meeting Call to Order 6:30 P.M.

3. Pledge of Allegiance

4. Roll Call

5. Special Presentations and Awards

6. Consent Calendar

7. Public Hearings

8. Unfinished Business

9. New Business

10. Oral Communications

11. Written Communications

12. Mayor and Council Initiated Business
12A. Committee Reports/Mayor and Council Announcements
12B. Mayor and Council Initiated Items for a Future Council Meeting 12C. Mayor and Council Initiated Items for a Future Study Session

13. Items from City Attorney

14. Items from City Manager

15. Adjournment
The Agenda shall be delivered to the Mayor and Council Members each Thursday preceding the Tuesday meeting to which it pertains. It shall be posted and made available to the public 72 hours before the meeting.

2.2 AGENDA DEADLINE:

Any staff member wishing to provide a staff report or additional material for an item on the Agenda shall submit same to the City Clerk's Office no later than 13 calendar days preceding the meeting at which the item is to be considered.

2.3 ROLL CALL:

Before proceeding with the business of the Council, the City Clerk shall call the roll of the Mayor and Council Members and the names of those present shall be entered in the minutes.
10 2.4 MINUTES OF MEETINGS:

Written minutes of the City Council meetings shall be prepared by the City Clerk as a report of actions taken and shall be approved by the Council (Government Code Sections 36814, 40801). The open sessions of the Council meetings shall be audio recorded for the sole purpose of facilitating preparation of the minutes.

The City Clerk may destroy or erase the audio recording at any time after the minutes of the meeting are approved, and, provided at least thirty (30) days have passed since the date of the meeting (Government Code Section 54953.5 (b)).

2.5 AGENDA ITEMS BY MAYOR OR COUNCIL MEMBERS:

The Mayor or any Council Member desiring to place an item on a City Council Meeting Agenda under "Mayor and Council Initiated Business" shall submit to the City Clerk a completed Request to Place Item on Agenda form (Exhibit "A") which shall include a written title/topic and rationale of the item, together with any available supporting information or back-up material, prior to the commencement of a City Council meeting. Once the form has been submitted to the City Clerk, the Mayor or Council Member who submitted the form may make his/her request under "Mayor and Council Initiated Business" to add his/her requested item onto a subsequent City Council meeting agenda.

In the interest of all parties and to ensure complete communication on all issues, before staff is asked to investigate, research or otherwise expend time and resources on a new project or new direction for an existing project or process, that issue would come before the City Council for discussion, input and consensus.

All items with significant budgetary impact (defined as in excess of $30,000), or capital improvement projects, will be agendized at the annual budget workshop.

2.6 CLOSED SESSION ITEMS BY MAYOR OR COUNCIL MEMBERS:

Closed Session items are normally brought to the Council’s attention through the City Manager’s office with the concurrence of the City Attorney. Should the Mayor or a Council Member desire to bring an item forward at a Closed Session they shall first initiate the request with the City Manager who will in turn consult with the City Attorney and then notify the Mayor and/or remaining Council Members.

2.7 PUBLIC HEARINGS OF LEGISLATIVE MATTERS:

Generally, public hearings, other than those of a quasi-judicial nature (quasi-judicial matters are those matters where the City Council is interpreting and applying regulations, such as consideration of use permits or zoning issues), shall be conducted in the following order:
11 (1) Staff reports
(2) Questions of staff by Council
(3) Hearing opened by Mayor
(4) Public testimony
(5) Questions by Council
(6) Hearing closed by Mayor
(7) Discussion by Council
(8) Action by Council
Questions and comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit testimony to less than the three (3) minutes per individual permitted by Section. 5.2. Any person may speak for a longer period of time, by majority vote of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time.

The Mayor and Council Members should not speak to an issue until the public hearing has been closed. If the Mayor or a Council Member has met and/or discussed the matter to be reviewed under the public hearing with any individual prior to the public hearing, he/she should acknowledge such meeting prior to opening of the hearing at the Council meeting.

Once a hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of the Mayor or Council Members addressed through the Chair.

2.8 QUASI-JUDICIAL HEARINGS:
(1) Conduct of Hearings.

The procedures set forth in this Section shall govern the conduct of all quasi-judicial hearings before the City Council on matters on which the City Council is required by law to conduct such a hearing. Such hearings include those involving the granting, denial or revocation of discretionary land use permits, discretionary business licenses or permits and others where vested personal or property rights are at stake.

The parties to such hearings shall have the right to the following:

1. Testimony under oath.

2. The right to cross-examination.

3. The right to representation.

4. The issuance of a written decision (which may be announced orally by the City Council and reported in the transcript of the hearing).

Except as otherwise required by law, the technical rules of evidence shall not apply. As used in this Section, the word "evidence" is not used in the limited sense of legally admissible evidence.
12 (2) Time of Hearings: Continuance.

Except as otherwise required by law or order of the City Council, all hearings subject to this Section shall be set for 6:30 p.m. Such hearings shall be heard in the order they appear on the agenda.

Subject to the requirements of law, a hearing may be continued by the City Council from time to time to a date and time certain. (3) Order of Proceedings.

Hearings shall proceed in the following order:

1. If the Mayor or a Council Member has met and/or discussed the matter to be reviewed under the public hearing with any individual prior to the public hearing, he/she should acknowledge such meeting prior to opening of the hearing at the Council meeting.

2. Presentation of evidence, testimony and statements by the City staff or counsel representing the City, with questioning, if any, of each person upon conclusion of his/her presentation, as provided in Sections 4 and 6.

3. Presentation of evidence, testimony and statements by the applicant or appellant and then all persons in favor of the matter being heard, with questioning, if any, of each person making an appearance upon conclusion of his/her presentation, as provided in Sections 4 and 6.

4. Presentation of evidence, testimony and statements by all persons in opposition to the matter being heard, with questioning, if any, of each person making an appearance upon conclusion of his/her presentation, as provided in Sections 4 and 6.

5. If the matter being heard is before the City Council on the petition or appeal of any person, the Presiding Officer may permit the petitioner or appellant to present rebuttal evidence, testimony and statements.

6. Close of hearing and submission of matter for decision.

(4) Allowable Time for Presentation.

A person desiring to speak or make a presentation will be given a reasonable time to do so. The Presiding Officer may, at any time, impose a time limit with respect to a presentation if he/she finds it necessary to prevent abuse or to provide all interested persons a fair and reasonable opportunity to be heard.

Presentations should be as brief and concise as reasonably possible, without unnecessary delay or repetition.
13 (5) Evidence, Testimony and Statements Submitted or Presented at Hearing.

Any person may submit or present evidence, testimony or statements in favor of or against the matter which is being heard. Each person who submits or presents evidence, testimony or a statement may be requested, but shall not be required, to answer questions regarding that evidence, testimony or statement. (6) Marking and Filing of Exhibits: Examination of Members.

All documentary or real evidence presented to the City Council at a hearing shall be identified by the person presenting it and shall be filed with the City Council as an exhibit by submitting it to the City Clerk. The City Clerk shall mark all documentary and real evidence submitted as having been filed with the City Council at the hearing and shall designate it by an appropriate exhibit number or letter. Documentary or real evidence shall not be considered by the City Council unless it is filed with the City Council at the hearing as above provided.

All documentary or real evidence filed with the City Council may be examined by a member of the City Council at any time. However, members shall not comment on or ask questions about the evidence except during the hearing, nor discuss it except during the discussion among the members after the hearing has been closed and the matter stands submitted.
(7) Questioning Through Presiding Officer: By Whom Such Questioning May Be Done.

The Presiding Officer may, with the consent of the person but not otherwise, permit questioning of a person who appears and makes a presentation. Such questioning, whether by members of the City Council or persons in attendance (including, but not limited to, officers or employees of the City), shall be done only through the Presiding Officer. The person asking the question shall not speak directly to the person being questioned.

After gaining recognition from the Presiding Officer and stating his/her name, address, and whom he/she represents, any person at the hearing may request permission from the Presiding Officer to ask questions of a person who has appeared and made a presentation and who has consented to such questioning.

If the Presiding Officer grants the request, the person may then ask questions in accordance with this Section.

The Presiding Officer's decision on: (a) whether a person may be questioned at all, (b) who may ask questions, (c) the number of questions which may be asked, and (d) whether a particular question may be asked, shall be subject to approval by the City Council. However, the person being questioned may refuse to answer all or any of the questions asked of him/her.
14 (8) Discussion and Deliberation by Members on Submitted Matters.

After the hearing has been closed and the matter is submitted for decision, the Mayor and members of the City Council shall deliberate the matter. No other person may speak and no further exhibits may be filed. Subject to the requirements of law, the City Council may take the matter under submission for a reasonable period of time and may, for this purpose, continue its deliberations from time to time.
15 PRESIDING OFFICER
16 3. PRESIDING OFFICER

3.1 PRESIDING OFFICER:

The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem the Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Tem or until adjournment. (Selection of Mayor and Mayor Pro Tem - Government Code 36801.)

3.2 CALL TO ORDER:

Meetings of the Council shall be called to order by the Mayor or in his absence by the Mayor Pro Tem. In the absence of both the Mayor and the Mayor Pro Tem the meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer.

3.3 PARTICIPATION OF PRESIDING OFFICER:

The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he/she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he/she desires to personally engage in extended debate on questions before the Council, he/she should consider turning the Chair over to another member.

3.4 QUESTIONS TO BE STATED:

The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated.

3.5 SIGNING OF DOCUMENTS:

The Mayor shall sign ordinances, resolutions and contracts approved by the Council at meetings at which he/she is in attendance. In the event of his/her absence, the Mayor Pro Tem shall sign all such documents, as have been adopted and approved by the Council. In the absence of the Mayor and the Mayor Pro Tem the temporary Presiding Officer shall sign all such documents as have been approved and adopted during the meeting at which he/she presided.

3.6 MAINTENANCE OF ORDER:

The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the Chair.
17 RULES, DECORUM, AND
ORDER
18 4. RULES, DECORUM, AND ORDER

4.1 POINTS OF ORDER:

The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order.

4.2 DECORUM AND ORDER - COUNCIL MEMBERS:
(1) Every Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself/herself to the question under debate.
(2) The Mayor and every Council Member desiring to question the administrative staff shall address his/her question to the City Manager or City Attorney who shall be entitled either to answer the inquiry himself/herself or to designate some member of his/her staff for that purpose.
(3) The Mayor and all Council Members are subject to the Provisions of California Law, such as Chapter 7, Title 9, of the CA Govt. Code, relative to conflicts of interest and to conflict of interest codes adopted by the City.

The Mayor or any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Mayor and/or Council Member will leave the Council Chambers during debate and voting of the issue.
(4) The Mayor or a Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another Council Member, or unless the speaker chooses to yield to questions from the Mayor or another Council Member.
(5) If the Mayor or a Council Member is called to order while speaking, he/she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/she shall be permitted to proceed.

If ruled to be not in order, he/she shall remain silent or shall alter the remarks so as to comply with the rules of the Council.
(6) The Mayor and Council Members shall accord reasonable courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities.
(7) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him/her to so act.
(8) Members of the Council shall not leave their seats during a meeting without the consent of the Presiding Officer.
19 4.3 DECORUM AND ORDER - EMPLOYEES:

Members of the administrative staff and employees of the City shall observe the same rules, procedures, and decorum applicable to the Mayor and members of the Council. The City Manager shall insure that all City employees observe such decorum. Any staff member, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or public member.

4.4 DECORUM AND ORDER - PUBLIC:

Public members attending Council Meetings shall observe the same rules of order and decorum applicable to the Council. Any person who disrupts a Council meeting shall be removed from the room if the sergeant-at-arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Prior to removing an individual, the Presiding Officer shall follow the procedure provided in Government Code section 54957.95, as may be amended. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall be permitted by the Presiding Officer as long as such actions do not disrupt a Council meeting.

Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer.

4.5 ENFORCEMENT OF DECORUM:

The Chief of Police shall be sergeant-at-arms of the Council. He/she shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Any person disrupting Council proceedings, as defined in Government Code section 54957.95, may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine or imprisonment or both. Upon instruction from the Presiding Officer it shall be the duty of the Chief of Police or his/her representative to eject any person from the Council Chambers or place him/her under arrest or both.

4.6 PERSONAL PRIVILEGE:

The right of a Member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned, or impugned.
20 4.7 LIMITATION OF DEBATE:

Neither the Mayor nor any Council Member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. Neither the Mayor nor any Council Member shall speak for a longer time than five minutes each time he/she has the floor, without the approval of a majority vote of the Council.

4.8 DISSENTS AND PROTESTS:

The Mayor or any Council Member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons...".

4.9 PROCEDURES IN ABSENCE OF RULES:

In the absence of a rule to govern a point or procedure, Robert's Rules of Order shall govern. The opinion of the City Attorney may be considered.

4.10 BIENNIAL REVIEW OF CITY COUNCIL RULES:

The City Council will review and revise the City Council Rules of Order as needed, and at a minimum, every two years.
21 ADDRESSING THE

COUNCIL
22 5. ADDRESSING THE COUNCIL

5.1 MANNER OF ADDRESSING THE COUNCIL:

Any person desiring to address the Council shall complete a request to speak card, return it to the City Clerk, and wait to be recognized by the Presiding Officer. After being recognized, the speaker shall state his/her name and City in which he/she lives for the record and shall limit remarks to the question under discussion. All remarks and questions shall be addressed to the Chair and not to any individual Council Members, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer.

5.2 TIME LIMITATION:

Any public member addressing the Council on both Oral Communications and Agenda Items shall limit his/her remarks to a three (3) minute aggregate time period, unless more or less time is granted by the Presiding Officer.

Any public member addressing the Council on public hearing matters shall limit his/her remarks to three (3) minutes unless more or less time is granted by the Presiding Officer.

5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE:

After a motion has been made or after a public hearing has been closed, no person shall address the Council without first securing permission by a majority vote of the Council.

5.4 WRITTEN CORRESPONDENCE:

The City Clerk is authorized to receive and open all mail addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be disposed of between Council Meetings. Any communication requiring Council action will be reported to the Council at its next regular meeting together with a report and recommendation of the City Manager.

5.5 PERSONS AUTHORIZED TO BE WITHIN RAIL:

No person shall approach the Council dais during a meeting without the permission of the Presiding Officer.

5.6 PUBLIC REQUESTS FOR AGENDA ITEMS:

Any member of the public desiring to have an item placed on a City Council agenda shall personally appear before the Council at a Council meeting and make an oral or written request for the item to be placed on a future City Council agenda. At the meeting where the request is made the City Council shall vote on whether to place the item on an agenda; if the Council votes favorably the requesting party shall provide written supporting information on the item at least 24 hours prior to the agenda deadline for the meeting where the item is to be considered.
23 MOTIONS
24 6. MOTIONS

6.1 PROCESSING OF MOTIONS:

No motion shall be considered by the Council unless it is seconded. When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion shall not be withdrawn by the maker of the motion without the consent of the member seconding it and the approval of the Council.

6.2 DIVISION OF QUESTION:

If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same.

6.3 PRECEDENCE OF MOTIONS:

When a motion is before the Council, no motion shall be entertained except the following which shall have precedence in the following order:
(1) Adjourn
(2) Fix hour of Adjournment
(3) Table
(4) Previous Question
(5) Amend or Substitute
(6) Postpone or Continue

6.4 MOTION TO ADJOURN:

A motion to adjourn shall be in order at any time except as follows:
(1) When repeated without intervening business or discussion; (2) When made as an interruption of a member while speaking; (3) When the previous question has been ordered; and
(4) While a vote is being taken.

A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned.

6.5 MOTION TO FIX HOUR OF ADJOURNMENT:

Such a motion shall be to set at a definite time at which to adjourn and shall be undebatable and unamendable except as to time set.
25 6.6 MOTION TO TABLE:

A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude any amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the meeting. Once an item is tabled and the meeting is adjourned, the City Manager may take the item off the table by placing it on a future agenda or the Mayor or a Council Member may request it be taken off the table at any City Council meeting, in which event it shall be placed on the next regular meeting agenda.

6.7 MOTION FOR PREVIOUS QUESTION:

Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.

6.8 MOTION TO AMEND AND SUBSTITUTE MOTION:

A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment.

Amendments shall be voted first, then the main motion as amended.

6.9 MOTION TO CONTINUE:

Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.
26 VOTING
27 7. VOTING

7.1 VOTING PROCEDURE:

On the passage of every motion, the vote shall be taken by voice or roll call and entered in the minutes; provided, however, when the Presiding Officer concludes there is no Council opposition to a motion on the floor, he/she may, in lieu of calling for a vote state:
“Hearing no opposition, the matter is hereby unanimously approved (or adopted).” or, “No objections? - so ordered”.

Such statement shall constitute unanimous approval unless a Council Member objects, in which event a formal vote shall be taken.

7.2 ROLL CALL VOTING AND VOTE REQUIRED:

The adoption of ordinances (not introduction) and resolutions or orders for the payment of money require three affirmative votes. A roll call vote shall be used for adoption of ordinances and for the payment of money. Any other question before the Council shall not require a roll call vote unless demanded by any member before the voice vote has been taken. It shall not be in order for members to explain their vote during roll call. Any member may change his vote before the next order of business (Government Code Section 36936).

The following matters require three affirmative votes:
a. Adoption of Ordinances. (Government Code 36936)
b. Adoption of Resolutions. (Government Code 36936)
c. Orders for payment of money. (Government Code 36936) Urgency ordinances require a four-fifths vote. (Government Code 36937 (b))

7.3 ORDER OF ROLL CALL VOTE
When calling the roll on motions the following order shall be used: Rotation

7.4 FAILURE TO VOTE:

Every member should vote unless disqualified for cause accepted by vote of the Council or by opinion of the City Attorney. Self-disqualification, without approval, which results in a tie vote, shall be avoided as thwarting Council action, but neither the Mayor nor any Council Member shall be forced to vote. The Mayor or a Council Member who abstains shall in effect consent that a majority of the quorum may act for him. Tie votes shall be lost motions and may be reconsidered.

7.5 RECONSIDERATION:

Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council.
28 RESOLUTIONS
29 8. RESOLUTIONS

8.1 RESOLUTION PREPARED IN ADVANCE:

Where a resolution has been prepared in advance, the procedure shall be:
motion, second, discussion, vote, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may call for a roll call vote or require that the resolution be read in full.

8.2 RESOLUTION NOT PREPARED IN ADVANCE:

Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Attorney to prepare a resolution for presentation at the next Council Meeting as follows: motion, second, "no objections? - so ordered!".

8.3 URGENCY RESOLUTIONS:

In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure for resolutions prepared in advance shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law or in improvement acts, zoning matters and force account work on public projects.
30 ORDINANCES
31 9. ORDINANCES

9.1 INTRODUCTION:

Ordinances shall be introduced for first reading by motion, second, and majority vote. An ordinance which is on the agenda for introduction may be introduced by reading the title only, or, if the agenda and staff report accompanying the ordinance recommend introduction, it shall be sufficient for introduction if a motion and second to adopt or approve the “recommended action” is passed. If changes, except clerical corrections, are required after introduction, the ordinance shall be re-introduced.

9.2 ADOPTION:

Second reading and adoption shall take place at least five days after the day of introduction (first reading) (Government Code Section 36934). Each ordinance presented for adoption, with the exception of urgency ordinances, shall be read in full or "by title only," as the case may be. After the second reading, a roll call vote shall be taken on the proposed ordinance. Three affirmative votes shall be required for adoption (Government Code Section 36936). Ordinances shall be adopted only at regular or adjourned meetings (Government Code Section 36934).

9.3 EFFECTIVE DATE:

All ordinances, except as provided in Section 36937 of the Government Code, shall become effective 30 days after adoption or upon such later date as may be designated in the ordinance.

9.4 PUBLISHING:

It shall be the duty of the City Clerk to publish or post the ordinance in accordance with Section 36933 of the Government Code within fifteen (15) days after adoption.

9.5 URGENCY ORDINANCES:

All urgency ordinances shall receive a four-fifth (4/5) vote, be read in full, or "by title only," be published or posted in accordance with Section 36937 (b) of the Government Code, and become effective immediately (Government Code Section 36934).
32 PROCESSING

COUNCIL MAIL
33 10. PROCESSING COUNCIL MAIL
The City Clerk is authorized to receive and open all mail addressed to the City Council.

All opened mail will be duplicated for the Mayor and each Council Member.

It shall be the responsibility of the Mayor and each Council Member to bring to the attention of the City Clerk those items of mail requiring action. Any communication requiring Council action will be placed on the next regular agenda. 34 USE AND DISSEMINATION

OF OFFICIAL CITY LOGO

AND SEAL
35 11. USE AND DISSEMINATION OF THE OFFICIAL CITY LOGO AND CITY SEAL
The City Logo and City Seal are graphic symbols that identify the City of Stanton as an organization and are often the primary means by which the public forms an image of the City. The City Logo and City Seal are also considered and perceived by the public as symbols of the authority and jurisdiction of the City and, as such, are valuable assets of the City and its citizens.

City Logo:

City Seal:

California law prohibits the use of any public resources for personal or political gain.

11.1 OFFICIAL CITY BUSINESS:

The City Logo and City Seal are the property of the City, used for the purpose of certifying official records and to identify City communications, programs, initiatives, partnerships, and sponsorships.

The City Logo and City Seal shall be used for official purposes only, or as authorized by a majority vote of the City Council.

The City Logo and/or City Seal may be used on City buildings, elected official pins, City business cards, City letterhead, calendars, public notices, resolutions, awards, and other formal places authorized by the City Council or City Manager.

Use of the official City Logo and/or City Seal may be used in general connection with official City brochures, publications, insignias, postings, website, painting, pamphlets, and City promotional materials. It may also be used on City vehicles, equipment, and fixtures such as signage.

If used by an outside organization upon the approval of the City Council, the City Logo and/or City Seal must remain in its entirety with no alterations.

On occasion, the City Council will authorize the usage of the City Logo and/or City Seal for signature events or other promotional measures that benefit the community. Any such approval should be considered for the specific event, time, and use so approved by the City. Prior approval of a use shall not constitute approval for any future or recurring use.
36 11.2 MISLEADING USE OF CITY LOGO OR CITY SEAL:

No person shall use the City Logo or City Seal or a symbol that imitates the City Logo or City Seal, or that may be mistaken therefore, that is designed, intended or likely to confuse, deceive or mislead the public, for political/campaign, private or commercial purposes, or for any purpose other than for the official business of the City.

11.3 APPROVED CORRESPONDENCE:
“Approved correspondence” is defined as correspondence emanating from the City staff, City Manager, City Clerk, City Attorney, or from the Mayor or a Council Member which is done pursuant to City Council or City Manager direction or which can be implied direction as a result of established practice and which responds to official requests from specific individuals or agencies or which seeks to inform or question them about official City business.

The following three categories of correspondence may be prepared on City letterhead:
(1) Personal letters of appreciation to, or requesting support of, local agencies.
(i.e., Correspondence to the League of California Cities, requests for commemorative stamps or ride-a-longs, appointments to office.) (2) Personal letters responding to, or issuing, invitations. (i.e., Correspondence regarding invitations to symphonies, breakfasts, Sister City functions, civic group functions and student contests.) (3) Personal letters to, or on behalf of, citizens, etc. (i.e, letters of condolence, get well wishes, congratulations on achievements, scouting ceremonies, anniversaries, anti-drugs, holiday decorations, civic club activities, recommendations, commendations.)

11.4 PROHIBITED CORRESPONDENCE:
(1) Personal Business or Political Campaign Use
No person shall use the City Logo or City Seal for any personal business.

No person shall use the City Logo or City Seal for purposes of supporting or opposing the nomination or election to any City or other public office of himself/ herself or any other person, or for purpose of supporting or opposing any ballot measure, nor include such City Logo or City Seal on any writing distributed for purposes of influencing the action of the electorate or any part thereof, in any election.
37 (2) Personal opinion letters to area legislators or newspapers No person shall use the official stationery containing the City logo or City Seal for any personal opinion letters to area legislators or newspapers. (i.e., Letters to the Editor; correspondence regarding proposed or pending legislation or political endorsements.)
38 SAMPLE FORMS
RESOLUTION NO. 2022-43

RESOLUTION NO. 2022-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, AMENDING THE CITY COUNCIL RULES OF ORDER, DATED SEPTEMBER 27, 2022
WHEREAS, the City Council of the City of Stanton adopted Resolution No. 97-52, “City Council Rules of Order” on September 23, 1997; and
WHEREAS, that Rules of Order was updated in 1998 by Resolution No. 98-40, 2001 by Resolution No. 2001-54, 2004 by Resolution No. 2004-20, and in 2013 by Resolution No. 2013-18; and
WHEREAS, it is now desirable to update the Rules of Order to reflect changes in State law and incorporate current practices.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stanton that the revised City Council Rules of Order, dated September 27, 2022, is hereby adopted; and
BE IT FURTHER RESOLVED that the following resolutions, which related to or have been incorporated into the City Council Rules of Order dated September 27, 2022, are hereby repealed:

Resolution No. 97-52 Adopted City Council Rules of Order Resolution No. 98-40 Agenda Items by Council Members
Resolution No. 2001-54 Time Limitation to 3 minutes
Resolution No. 2004-20 Adopted Revised Handbook
Resolution No. 2013-18 Adopted Revised Handbook
PASSED, APPROVED, AND ADOPTED this 27th day of September, 2022.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
Attachment: C
Click here to return to the agenda.

RESOLUTION NO. 2022-43

ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-43 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 September 27, 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
City Council Initiated
Item 15D
“DISCUSSION REGARDING THE USE

OF DEFENSIVE WIRE ALONG STORM
DRAIN CHANNELS”
(This item does not contain a staff report)
Click here to return to the agenda.