Agenda — Stanton City Council, January 24, 2023 (part 1 of 3)

Stanton City Council Agenda Prepared by the Office of the City Clerk January 24, 2023

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AMENDED AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, JANUARY 24, 2023 - 6:30 P.M.

SAFETY ALERT – NOTICE REGARDING COVID-19
The President, Governor, and the City of Stanton have declared a State of Emergency as a result of the threat of COVID-19. On September 17, 2021, Governor Newsom signed AB 361 related to the Brown Act and remote meetings during the state of emergency. AB 361 allows local agencies to continue to conduct remote or “Zoom” meetings during a declared State of Emergency. Pursuant to AB 361, please be advised that some or all of the Stanton City Council members may participate in meetings via teleconference (electronically/telephonically). The health and well-being of our residents is the top priority for the City of Stanton, and you are urged to take all appropriate health safety precautions given the health risks associated with COVID-19.

PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:

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

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (897 6477 5903) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/89764775903?pwd=VGdxb2dzM2hkeDZHRVdwaEoxZ0N2QT09

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

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In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

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

1. CLOSED SESSION None.

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

3. PLEDGE OF ALLEGIANCE

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

5. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation by the Cypress College Foundation regarding the 48th Annual Americana Awards, which will honor Mr. Brian Donahue as the 2023 Citizen of the Year for the City of Stanton.

B. Townsend Public Affairs State and Federal Legislative report and update.

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

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

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

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
City Council approve demand warrants dated December 16, 2022 – December 29, 2022, in the amount of $740,097.40.
6C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – January 10, 2023.
6D. RENEWAL OF AUTHORIZATION FOR VIRTUAL PUBLIC MEETINGS PURSUANT TO AB 361
Consideration of the circumstances of the state of emergency related to the COVID-19 pandemic to determine whether remote teleconference meetings of the City Council, Committees, and Commissions can continue to be held under the provisions of AB 361.

RECOMMENDED ACTION:

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

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

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

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

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6E. RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE ENGINEER TO

PREPARE AND TO FILE A REPORT FOR THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1
As part of the annual update to the Lighting and Landscaping District No. 1, certain procedural resolutions must be adopted by the City Council. The proposed resolution orders the Engineer’s report for the Fiscal Year 2023/24 update.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Section 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. 2023-02 initiating proceedings and ordering the Engineer’s report for the Fiscal Year 2023/24 update, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL

ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2023, AND ENDING JUNE 30, 2024; AND ORDERING THE ENGINEER TO
PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH”.
6F. LANDSCAPE MAINTENANCE AGREEMENT WITH CALIFORNIA DEPARTMENT OF

TRANSPORTATION
The California Department of Transportation (Caltrans) owns the right-of-way along Beach Boulevard (SR-39). When development projects propose to install landscaping improvements on Beach Boulevard, Caltrans requires that the City enter into an agreement to maintain the landscaping. The City then transfers the maintenance responsibilities to the fronting property owner/developer through a separate agreement.

To reduce administrative overhead and increase operational efficiencies, staff worked with Caltrans to develop a Landscape Maintenance Agreement for Beach Boulevard to allow the process of transferring maintenance responsibilities of any future development projects to be accomplished through an amendment to the Landscape Maintenance Agreement.

RECOMMENDED ACTION:

1. City Council declare this action to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping; and
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2. Approve the Caltrans Landscape Maintenance Agreement; and

3. Authorize the Mayor and City Manager to execute said agreement; and

4. Approve the use of the amendment(s) with Caltrans to process the transfer of landscape maintenance responsibilities from Caltrans to the City and authorize the City Manager to execute said amendment(s).

END OF CONSENT CALENDAR

7. PUBLIC HEARINGS
7A. CONSIDERATION OF AN ORDINANCE TO ADOPT THE 2022 CALIFORNIA

BUILDING AND RELATED MODEL CONSTRUCTION CODES
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. The construction codes include: the California Building, Residential, Energy, Green Building Standards, Plumbing, Mechanical, Electrical, Fire, Existing Building, Historical, Administrative, Referenced Standards Codes, the International Property Maintenance Code, and the International Swimming Pool and Spa Code. If City Council approves the attached ordinance, the most recent editions of the California construction codes with the applicable amendments will become effective March 17, 2023 as required by State law.

RECOMMENDED ACTION:

1. City Council conduct a public hearing; and

2. Declare that the project is not subject to CEQA in accordance with Sections 15378 and 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where is can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

3. Introduce for first reading Ordinance No. 1128, in accordance with California Government Code Title 5, Division 1, Part 1, as published by the Building Standards Bulletin 22-02, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING DIVISION I OF TITLE 16 AND CHAPTER 17.08 OF TITLE 17 OF THE STANTON MUNICIPAL CODE PERTAINING TO THE ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA BUILDING

STANDARDS CODE, CONSISTING OF THE CALIFORNIA BUILDING CODE,

THE CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA PLUMBING

CODE, THE CALIFORNIA MECHANICAL CODE, THE CALIFORNIA

ELECTRICAL CODE, THE CALIFORNIA FIRE CODE, THE CALIFORNIA Stanton City Council Agenda Prepared by the Office of the City Clerk January 24, 2023

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ADMINISTRATIVE CODE, THE CALIFORNIA GREEN BUILDING

STANDARDS CODE, THE CALIFORNIA EXISTING BUILDING CODE, THE

CALIFORNIA ENERGY CODE, THE CALIFORNIA HISTORICAL BUILDING CODE, AND THE CALIFORNIA REFERENCED STANDARDS CODE; THE INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE

INTERNATIONAL PROPERTY MAINTENANCE CODE, WITH AMENDMENTS THERETO, AND MAKING FINDINGS IN SUPPORT THEREOF”; and

4. Set said Ordinance No. 1128 for a public hearing and second reading at the regular City Council meeting of February 14, 2023.

8. UNFINISHED BUSINESS
8A. APPROVAL OF ORDINANCE NO. 1126
This Ordinance was introduced at the regular City Council meeting of January 10, 2023.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1126, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING THE CITY’S PURCHASING ORDINANCE AS SET FORTH IN TITLE 2 OF THE STANTON MUNICIPAL CODE”; and

2. City Council adopt Ordinance No. 1126.
8B. CONSIDERATION OF EXTENSION OF THE EXCLUSIVE NEGOTIATION

AGREEMENT WITH BRANDYWINE ACQUISITIONS GROUP, C&C DEVELOPMENT

COMPANY, AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA

REGARDING THE TINA-PACIFIC DEVELOPMENT PROJECT
The City Council and Housing Authority will consider extending the Exclusive Negotiation Agreement (ENA) with Brandywine Acquisitions Group, C&C Development Company, and National Community Renaissance of California for the Tina Pacific Project for an additional 180 days to allow for additional time to negotiate a disposition and development agreement and any other necessary agreements.

RECOMMENDED ACTION:

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

2. Approve extension of the ENA and authorize the City Manager/Executive Director to execute the First Amendment to the ENA.

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9. NEW BUSINESS
9A. ADOPTION OF STANTON LOCAL HAZARD MITIGATION PLAN
Atlas Planning Solutions, the City’s consultant for the Local Hazard Mitigation Plan (LHMP), will provide a review of the final LHMP, which has been reviewed and approved by the California Governor’s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA).

RECOMMENDED ACTION:

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

2. Receive and file the presentation; and

3. Approve Resolution No. 2023-03, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING AND ADOPTING THE CITY’S LOCAL
HAZARD MITIGATION PLAN”.
9B. SCHEDULE FOR APPOINTMENTS TO THE PLANNING COMMISSION, PARKS,

RECREATION AND COMMUNITY SERVICES COMMISSION, AND PUBLIC SAFETY

COMMITTEE
The City is currently seeking residents who are interested in serving on the Planning Commission, Parks, Recreation and Community Services Commission, and Public Safety Committee. The City Council will consider dates to conduct commissioner and committee member candidate interviews and appointments.

RECOMMENDED ACTION:

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

2. Approve the proposed recruitment schedule and select a date to conduct commissioner and committee member candidate interviews and appointments. The suggested date is the regular City Council Meeting of February 28, 2023. If the number of commission applicants is greater than ten (10), Council may wish to call a special meeting for Thursday, March 2, Tuesday, March 7, or Thursday, March 9, 2023; or propose an alternative date to conduct interviews and appointments.

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9C. CYPRESS COLLEGE FOUNDATION ANNUAL AMERICANA AWARDS
City Council consider participation through a sponsorship contribution for the 48th Annual Cypress College Foundation Americana Awards scheduled for Saturday, March 11, 2023. This awards ceremony is used as a fundraiser for the Cypress College Foundation with all proceeds benefiting Cypress College students and programs and honors the Citizen of the Year from surrounding communities. This year Mr. Brian Donahue has been selected and will be honored as the City of Stanton’s Citizen of the Year.

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);

2. Approve the City’s participation through a sponsorship contribution for the 48th Annual Cypress College Foundation Americana Awards; and

3. Discuss and direct staff to proceed with the selection and purchase of either Option 1: the Benefactor Sponsorship at a cost of $3,500 which includes registration for ten (10) and a half-page color donor acknowledgement in the Americana Program or Option 2: the purchase of ten (10) individual registrations at a cost of $300 per registration for a total cost of $3,000.

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

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

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11. WRITTEN COMMUNICATIONS None.

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

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

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

14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR

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

15. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 19th day of January, 2023. s/ Patricia A. Vazquez, City Clerk/Secretary

December 16, 2022 - December 29, 2022
Electronic Transaction Nos. $ 536,924.95
Check Nos. $ 203,172.45
TOTAL $ 740,097.40
Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn

CITY OF STANTON

ACCOUNTS PAYABLE REGISTER
2291-2324
conform to the City of Stanton Annual
Budget as approved by the City Council.
136002-136040
Demands listed on the attached registers
City Manager Finance Director
/s/ Michelle Bannigan
Item: 6B
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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY

OF THE CITY OF STANTON
JOINT REGULAR MEETING JANUARY 10, 2023

1. CLOSED SESSION None.

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

HOUSING AUTHORITY JOINT REGULAR MEETING
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:30 p.m. by Mayor Shawver.

3. PLEDGE OF ALLEGIANCE
Led by Ms. Michelle Bannigan.

4. ROLL CALL

Present: Council/Agency/Authority Member Torres, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairperson Van,
Mayor/Chairman Shawver.

Absent: None.

Excused: Council/Agency/Authority Member Taylor.

5. SPECIAL PRESENTATIONS AND AWARDS None.

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

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

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated November 18, 2022 – December 15, 2022, in the amount of $6,336,085.69.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – December 13, 2022.
6D. NOVEMBER 2022 INVESTMENT REPORT
The Investment Report as of November 30, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

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

2. Received and filed the Investment Report for the month of November 2022. 6E. NOVEMBER 2022 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of November 30, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

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

2. Received and filed the Investment Report for the month of November 2022.

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6F. NOVEMBER 2022 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; AND STATUS

OF CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended November 30, 2022, has been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund. In addition, staff has provided a status of the City’s Capital Improvement Projects (CIP) as of November 30, 2022.

2. Received and filed the General Fund and Housing Authority Fund’s November 2022 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended November 30, 2022.
6G. MEETING DATES FOR THE STANTON CITY COUNCIL, STANTON PARKS,

RECREATION AND COMMUNITY SERVICES COMMISSION, STANTON

PLANNING COMMISSION, AND STANTON PUBLIC SAFETY COMMITTEE City Council review the attached 2023 meeting dates for the Stanton City Council, Stanton Parks, Recreation and Community Services Commission, Stanton Planning Commission, and Stanton Public Safety Committee.

2. Received and filed the Stanton City Council, Stanton Parks, Recreation and Community Services Commission, Stanton Planning Commission, and Stanton Public Safety Committee meeting dates for the year 2023. 6H. WORKFORCE INNOVATION AND OPPORTUNITY ACT
The City has an opportunity to participate in the federal Workforce Innovation and Opportunity Act (WIOA) through a partnership with the County of Orange – OC Community Services Workforce & Economic Development to host paid interns.

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

2. Authorized the City Manager to execute any necessary documents to participate in the WIOA Program through a partnership with the County of Orange – OC Community Services Workforce & Economic Development.
6I. COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) (CDBG-CV3) RESOLUTION AND APPROPRIATION OF FUNDS (TASK CODE 2023-603)
On September 15, 2022, the Orange County Community Resources Department Housing and Community Development (OCCR/HCD) identified a subset of Orange County cities that had successfully spent previously allocated CDBG-CV funds. After identifying a remaining balance of CDBG-CV3 funding to be spent by August 2023, OCCR/HCD issued a request to determine if these same cities were able to utilize additional funding. At its meeting of November 8, 2022, the Orange County Board of Supervisors approved a solicitation of services. In response, staff is proposing the Stanton Family Resource Center Improvement Project. The Orange County Board of Supervisors will consider award of a contract at its meeting of January 24, 2023.

In response to the accelerated timeline to expend the funds, in anticipation of Board approval of award, staff is requesting the City Council review and authorize Resolution No. 202301 authorizing the City Manager to execute the agreement, contract and other documents to accept and participate in CDBG-CV3 funding.

Lastly, staff recommends the City Council appropriate $500,000 in the City’s Capital Projects Fund (#305) for the Stanton Community Center Improvements Project (Task Code 2023-603).

1. The City Council declared that this project is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” as defined by CEQA; and

2. Approved Resolution No. 2023-01 authorizing the City Manager to execute the agreement, contract and other documents required by the Orange County Community Resources Department for participation in the CDBG-CV3 program on behalf of the City Council, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA TO APPROVE THE CITY’S

PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK
GRANT – CARES PROGRAM (CDBG-CV3) WITH THE COUNTY OF
ORANGE”; and
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3. Appropriated $500,000 in the City’s Capital Projects Fund (#305) for the Stanton Community Center Improvement Project.

END OF CONSENT CALENDAR

7. PUBLIC HEARINGS None.

8. UNFINISHED BUSINESS
8A. APPROVAL OF ORDINANCE NO. 1125
This Ordinance was introduced at the regular City Council meeting of December 13, 2022.

Staff report by Ms. Patricia A. Vazquez, City Clerk
Motion/Second: Van/Warren
ROLL CALL VOTE: Council Member Taylor ABSENT
Council Member Torres AYE
Council Member Warren AYE
Mayor Pro Tem Van AYE
Mayor Shawver AYE
Motion unanimously carried:

1. The City Clerk read the title of Ordinance No. 1125, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON AMENDING PORTIONS OF CHAPTER 5.04 (LICENSES)
OF TITLE 5 (BUSINESS LICENSES AND REGULATIONS) AND
ADDING CHAPTER 5.18 (PERSONAL SERVICES) TO TITLE 5 OF
THE STANTON MUNICIPAL CODE; SETTING A TERMINATION
DATE FOR URGENCY ORDINANCE NO. 1121 REGARDING A

MORATORIUM ON PERSONAL CARE AND MEDICAL OFFICE
BUSINESSES; AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CEQA”; and

2. The City Council adopted Ordinance No. 1125.

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9. NEW BUSINESS
9A. ORDINANCE AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL – CHAPTER 2.56 PURCHASING AND APPROVAL OF PURCHASING POLICY

AND PROCEDURES
The City’s Purchasing Policy and Procedures (Policy) were last updated in 2018.

Pursuant to the Stanton Municipal Code, the Policy establishes guidelines surrounding the purchase and procurement of supplies, services, and equipment on behalf of the City. The City Council will consider an amendment to the Stanton Municipal Code Title 2 Administration and Personnel revising Chapter 2.56 Purchasing. The purpose of the ordinance is to incorporate those updates as directed by the City Council at its meeting of November 22, 2022. The proposed updates will streamline the City’s purchasing system, thereby reducing the administrative burden and cost associated with purchasing and contracting activities while ensuring open and fair competition and competitive pricing.

Staff report by Ms. Hannah Shin-Heydorn, City Manager.

Motion/Second: Torres/Van
Motion carried by the following vote:

AYES: 4 (Shawver, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: 1 (Taylor)
Motion unanimously carried:

2. The City Council considered, waived further reading, and introduced for first reading Ordinance No. 1126, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, AMENDING THE CITY’S PURCHASING
ORDINANCE AS SET FORTH IN TITLE 2 OF THE STANTON
MUNICIAL CODE”; and

3. Set said Ordinance No. 1126 for second reading at the regular City Council meeting of January 24, 2023; and
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4. Approved Administrative Policy IV-4-12, “Purchasing Policy and Procedures,” as revised, and allows the City Manager to update Administrative Policy IV-4-12 as needed for clarifying purposes.
9B. MAYOR’S APPOINTMENTS OF COUNCIL MEMBERS AS REPRESENTATIVES

TO VARIOUS BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES Traditionally, Council Members have been appointed by the Mayor to serve on numerous outside committees, boards, commissions and agencies. Each appointee is responsible for representing the City and voting on behalf of the City Council. The Mayor conducts a review and selects appointees, as detailed in Attachment A, with the exception of the Orange County Fire Authority (“OCFA”) appointment, which is required to be made by City Council Resolution, the Mayor may otherwise make appointments to each committee, board, commission or agency by nomination and Minute Order confirmation. In addition, the Fair Political Practices Commission (“FPPC”) regulations require the adoption and posting of Form 806, Agency Report of Public Official Appointments, in order for individual Council Members to participate in a City Council vote that would result in him or her serving in a position that provides compensation of $250 or more in any 12-month period.

Staff report by Ms. Patricia A. Vazquez, City Clerk.

Motion/Second: Warren/Van
Motion carried by the following vote:

AYES: 4 (Shawver, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: 1 (Taylor)
Motion unanimously carried:

2. The City Council discussed and confirmed the Mayor’s appointments; and

3. Approved Fair Political Practices Commission Form 806 and authorized the City Clerk to post the form on the City’s website.

10. ORAL COMMUNICATION None.

11. WRITTEN COMMUNICATIONS None.

DRAFT
Joint Regular Meeting – January 10, 2023 - Page 8 of 9

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Mayor Pro Tem Van reported on her attendance at the farewell open house event for Congressman Alan Lowenthal, which was held on December 18, 2022. • Council Member Warren reported on the new location of the Public Cable Television Authority (PCTA), which is now located at Harry M. Dotson Park. • Ms. Zenia Bobadilla, Community Services Director, reported on the City’s 2022 Santa’s Siren Express event.
• Mayor Shawver reported on the success of the drive thru food distribution event, which was held on December 10, 2022, at Stanton Park and expressed his gratitude to Council Member Torres for his assistance.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
Council Member Torres requested an update on the City’s Talk on the Block program [meetings].
12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.

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

14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
• Ms. Hannah Shin-Heydorn, City Manager introduced Ms. Carma Lacy, Federal Workforce Innovation and Opportunity Act (WIOA) and spoke regarding the City’s opportunity to participate in the federal WIOA through a partnership with the County of Orange.
• Ms. Carma Lacy, Director of Workforce Development, Federal WIOA, sharing their mission with the City Council and providing information on their current operations.

DRAFT
Joint Regular Meeting – January 10, 2023 - Page 9 of 9

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Battalion Chief Juan Perez provided the City Council with an update on their current operations.

15. ADJOURNMENT in honor and memory of Mr. Mehdi Motadi.

Motion/Second: Shawver/
Motion carried at 7:13 p.m.
_______________________________________

MAYOR/CHAIRMAN
ATTEST:
_______________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 24, 2023
SUBJECT: RENEWAL OF AUTHORIZATION FOR VIRTUAL PUBLIC MEETINGS PURSUANT TO AB 361
REPORT IN BRIEF:

Consideration of the circumstances of the state of emergency related to the COVID-19 pandemic to determine whether remote teleconference meetings of the City Council, Committees, and Commissions can continue to be held under the provisions of AB 361.

RECOMMENDED ACTION:

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

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

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

BACKGROUND:

On October 26, 2021, City Council adopted Resolution 2021-34, which authorized City staff to conduct remote teleconference meetings of the City Council, Committees, and Commissions under the provisions of AB 361 (in effect as of October 1, 2021 – Government Code Section 54953(e)). Pursuant to Government Code Section 54953(e)(3), the City Council is required every thirty (30) days to reconsider the circumstances of the state of emergency and determine whether:

Item: 6D
Click here to return to the agenda.
2 • The state of emergency continues to directly impact the ability of the members to meet safely in person, or
• State or local officials continue to impose or recommend measures to promote social distancing.

If neither of the two finding options can be made by majority vote, the City Council, Committees, and Commissions will no longer be able to continue holding public meetings by teleconference without compliance to the Ralph M. Brown Act’s Section 54953(b)(3).

Section 54953(b)(3) imposes notice and access requirements for public meetings conducted via teleconference. Such requirements include identifying in the meeting notice and agenda the teleconference location of each member of the legislative body participating in the meeting and ensuring that each teleconference location be accessible to the public.

It is important to note that having virtual meetings under the provisions of Government Code Section 54953(e)(3) is optional. If the Council wishes, it may continue to meet inperson. In addition, hybrid meetings are permissible. Given that the dynamics of the pandemic and the health crisis are continually changing, the intent of the attached Resolution is to, among other things, allow for the City’s Council, Commissions, and Committees to meet virtually in the event of illness, quarantine, or other government measures. If the Council will meet only or partially in-person, it should ensure compliance with the Orange County Health Care Agency’s recommendations for local public meetings.

ANALYSIS/JUSTIFICATION:

Currently, the State of California and the County of Orange remain under the state of emergency brought on by the COVID-19 pandemic, particularly with the spread of the Omicron XBB.1.5, BQ.1, and BQ.1.1 Variants. State and local officials are still recommending measures to promote social distancing. and the wearing of face masks.

COVID-19 Cases by City
3 COVID-19 United States Cases by County (by Johns Hopkins University) Tracking COVID-19 in California
4 FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

None. This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly).

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:

1. Provide a safe community.

PUBLIC NOTIFICATION:

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

Prepared by: Jason Huynh, Management Analyst
Approved by: Hannah Shin-Heydorn, City Manager
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 24, 2023
SUBJECT: RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE

ENGINEER TO PREPARE AND TO FILE A REPORT FOR THE
STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1
REPORT IN BRIEF:

As part of the annual update to the Lighting and Landscaping District No. 1, certain procedural resolutions must be adopted by the City Council. The proposed resolution orders the Engineer’s report for the Fiscal Year 2023/24 update.

RECOMMENDED ACTION:

2. Adopt Resolution No. 2023-02 initiating proceedings and ordering the Engineer’s report for the Fiscal Year 2023/24 update, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL

ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2023, AND ENDING JUNE 30, 2024; AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH”.

ANALYSIS:

The Stanton Lighting and Landscaping District No. 1 (“District”) was formed on March 10, 1981, and currently provides funding for maintenance and improvements for the City’s street lights, traffic signals, and medians. Each parcel in the City is assessed a proportionate share of the District’s costs each year. The assessments appear on the property tax bill. Assessments are established upon an Engineer’s assessment of each property’s relative benefit from the services provided by the District.

Item: 6E
Click here to return to the agenda.
2 Each year, an update to the Engineer’s report must be produced relative to the District’s annual assessments. On April 12, 2022, the City Council approved a contract with Harris & Associates to perform this work for Fiscal Years 2022/23 and 2023/24 .

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED

4. Ensure Fiscal Stability and Efficiency in Governance Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Resolution No. 2023-02
Attachment: A
Click here to return to the agenda.

RESOLUTION NO. 2023-02

Page 1 of 3 ends

RESOLUTION NO. 2023-02

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

INTIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2023, AND ENDING JUNE 30, 2024; AND ORDERING THE

ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH WHEREAS, on March 10, 1981, the City Council adopted Resolution No. 81-20 forming the Stanton Lighting and Landscaping District No. 1 (“the District”), pursuant to the provisions of the “Landscape and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”); and WHEREAS, the public interest and convenience require the City to initiate proceedings for the level of Annual Assessments within the District for Fiscal Year 2023/24, for the purposes provided therefore in the Act and in Resolution No. 81-20; and WHEREAS, Section 22622 of the Act requires the City to adopt a resolution generally describing any proposed new improvements or any substantial changes in the existing improvements and ordering the Engineer to prepare and file a report in accordance with Article 4 of the Act;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1: The above recitals are true and correct.

SECTION 2: The City Council further finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has not potential for resulting in physical change to the environment, directly, or indirectly).

SECTION 3: Except as set forth in the Engineer’s Report, no new improvements or substantial changes in existing improvements are contemplated within the District.

SECTION 4: The City Manager is directed to cause the preparation of a report in accordance with Article 4 of the Act for the District, and upon completion, to file said report with the City Clerk, who shall then submit the same to the City Council for its consideration.

SECTION 5: The City Clerk shall certify as to the adoption of this Resolution.

ATTACHMENT A
RESOLUTION NO. 2023-02

Page 2 of 3 ends

ADOPTED, SIGNED AND APPROVED this 24th day of January 2023.

DAVID J. SHAWVER
MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN

CITY ATTORNEY

ATTACHMENT A
RESOLUTION NO. 2023-02

Page 3 of 3 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF STANTON )
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-02 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 January 24, 2023, and that the same was adopted, signed, and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ

CITY CLERK
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 24, 2023
SUBJECT: LANDSCAPE MAINTENANCE AGREEMENT WITH CALIFORNIA

DEPARTMENT OF TRANSPORTATION
REPORT IN BRIEF:

The California Department of Transportation (Caltrans) owns the right-of-way along Beach Boulevard (SR-39). When development projects propose to install landscaping improvements on Beach Boulevard, Caltrans requires that the City enter into an agreement to maintain the landscaping. The City then transfers the maintenance responsibilities to the fronting property owner/developer through a separate agreement.

RECOMMENDED ACTIONS:

1. City Council declare this action to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping; and

2. Approve the Caltrans Landscape Maintenance Agreement; and

3. Authorize the Mayor and City Manager to execute said agreement; and

BACKGROUND:

Caltrans owns the right-of-way along Beach Boulevard and requires that the City enter into an agreement to maintain the landscaping when development projects propose to install landscaping improvements on Beach Boulevard.

Item: 6F
Click here to return to the agenda.
2 Currently there is a two-step agreement process to transfer the landscape maintenance responsibility consisting of an agreement between Caltrans and the City followed by an agreement between the City and the fronting property owner/developer.

ANALYSIS/JUSTIFICATION:

The City is looking to develop several parcels along Beach Boulevard. Staff and Caltrans worked together to create a more efficient and streamlined process. This process will allow the City to enter into a Landscape Maintenance Agreement with Caltrans, and when future projects propose landscape improvements on Beach Boulevard, an amendment would be required to the Landscape Maintenance Agreement.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

This action requested in this report is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping.

LEGAL REVIEW:

The City Attorney has reviewed the Agreement.

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

Prepared by: Han Sol Yoo, E.I.T, Associate Engineer
Reviewed by: Cesar Rangel, Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Landscape Maintenance Agreement
1 LANDSCAPE MAINTENANCE AGREEMENT

WITH THE CITY OF STANTON
THIS AGREEMENT is made effective this ______ day of ____________, 20___, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of __________; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Permit Number(s) _____________________.

2. This Agreement addresses CITY responsibility for the landscaping, planting, irrigation systems, hardscaping, mulches, control, litter and weed removal, Biofiltration Swales, sidewalks, bike paths, and parking restriction signs (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 39, as shown on Exhibit A, attached to and made a part of this Agreement.

3. Maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”

4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.

5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.

6. CITY agrees, at CITY expense, to do the following:

6.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter Attachment: A
Click here to return to the agenda.
2 will MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.

6.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’S right of way. All proposed LANDSCAPING must meet STATE’s applicable standards.

6.2.1. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.

6.2.2.An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way

6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.

6.3.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.

6.3.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.

6.3.3. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

6.4. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.

6.5. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

6.6. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and 3 Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 12 Maintenance at1
[email protected].

6.7. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.

6.8. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.

6.9. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.

7. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.

8. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to them.

9. LEGAL RELATIONS AND RESPONSIBILITIES:

9.1.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.

9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.
4 9.3.Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.

9.4.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

9.5.PREVAILING WAGES:

9.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-

7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

9.5.2.Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
5 10.INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

10.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of selfinsured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of SelfInsurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the _____________ location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

11. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. 6 IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF STANTON STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor

TONY TAVARES
Director of Transportation
Initiated and Approved
By: ___________________________
CITY Manager
By: ___________________________
ROBERTA C. HETTICK, P.E.

Deputy District Director
Maintenance District
ATTEST:

By: __________________________
CITY Clerk
By: __________________________
CITY Attorney

EXHIBIT A
1 (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
EXHIBIT B – LETTER OF CERTIFICATE OF CITY___________ STATEMENT OF SELF

INSURANCE
1 Insert (CT District) addressee information _______20__ ATTN: (name of CT representative)

CITY OF STANTON
Department of Finance
RE: Statement of Self Insurance for ____________ Related to ______________ Maintenance Agreement with State of California Department of Transportation (“STATE”) for the ________________ along Highway __________at ____________________
Dear __________
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section

10.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER

EXHIBIT C
1 TRAFFIC SIGNAL AND LIGHTING
Caltrans and CITY of STANTON
Effective ____________, 20____

BASIS OF COST DISTRIBUTION
State-Owned and Maintained
Billed by the State
Route and
PM
Location Type of
Facility
Cost Distribution
State CITY
Utility-Owned and Maintained
Billed by the State
Route and
PM
Location Type of
Facility
Cost Distribution
State CITY

EXHIBIT D
1 (Individual maintenance items that are not provided for in the body of the Agreement.)
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 24, 2023
SUBJECT: CONSIDERATION OF AN ORDINANCE TO ADOPT THE 2022

CALIFORNIA BUILDING AND RELATED MODEL CONSTRUCTION
CODES
REPORT IN BRIEF:

The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. The construction codes include: the California Building, Residential, Energy, Green Building Standards, Plumbing, Mechanical, Electrical, Fire, Existing Building, Historical, Administrative, Referenced Standards Codes, the International Property Maintenance Code, and the International Swimming Pool and Spa Code. If City Council approves the attached ordinance, the most recent editions of the California construction codes with the applicable amendments will become effective March 17, 2023 as required by State law.

RECOMMENDED ACTION:

1. City Council conduct a public hearing; and

3. Introduce for first reading Ordinance No. 1128, in accordance with California Government Code Title 5, Division 1, Part 1, as published by the Building Standards Bulletin 22-02, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA AMENDING DIVISION I OF TITLE 16 AND CHAPTER 17.08 OF TITLE 17 OF THE STANTON MUNICIPAL CODE Item: 7A
Click here to return to the agenda.
2 PERTAINING TO THE ADOPTION OF THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE, CONSISTING OF THE

CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL

CODE, THE CALIFORNIA PLUMBING CODE, THE CALIFORNIA

MECHANICAL CODE, THE CALIFORNIA ELECTRICAL CODE, THE

CALIFORNIA FIRE CODE, THE CALIFORNIA ADMINISTRATIVE CODE,

THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE

CALIFORNIA EXISTING BUILDING CODE, THE CALIFORNIA ENERGY

CODE, THE CALIFORNIA HISTORICAL BUILDING CODE, AND THE
CALIFORNIA REFERENCED STANDARDS CODE; THE
INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE

INTERNATIONAL PROPERTY MAINTENANCE CODE, WITH

AMENDMENTS THERETO, AND MAKING FINDINGS IN SUPPORT
THEREOF”; and

4. Set said Ordinance No. 1128 for a public hearing and second reading at the regular City Council meeting of February 14, 2023.

BACKGROUND:

The State’s Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three years. The 2022 Edition of the California Code of Regulations Title 24, which incorporates the below-listed model codes, became effective on January 1, 2023.

If approved, the attached ordinance will amend Title 16 and Title 17 of the Stanton Municipal Code by repealing references to the prior editions of the model codes.

The list below identifies the model codes upon which the 2022 Title 24 is based:

California Building Standards Code Reference Model Code 2022 California Building Code 2021 International Building Code (ICC) 2022 California Residential Code 2021 International Residential Code (ICC) 2022 California Electrical Code 2020 National Electrical Code (NFPA) 2022 California Mechanical Code 2021 Uniform Mechanical Code (IAPMO) 2022 California Plumbing Code 2021 Uniform Plumbing Code (IAPMO) 2022 California Fire Code 2021 International Fire Code (IFC) 3 The construction codes proposed for adoption by reference with amendments include the following:
2022 California Administrative Code (Part 1)
2022 California Building Code (Part 2)
2022 California Residential Code (Part 2.5)
2022 California Electrical Code (Part 3)
2022 California Mechanical Code (Part 4)
2022 California Plumbing Code (Part 5)
2022 California Energy Code (Part 6)
2022 California Fire Code (Part 9)
2022 California Existing Building Code (Part 10)
(incl. Part 8 – Historical Building Code)
2022 California Green Building Standards Code (Part 11) 2022 California Referenced Standards Code (Part 12)
2021 International Property Maintenance Code
2021 International Swimming Pool and Spa Code
ANALYSIS/JUSTIFICATION:

The Community and Economic Development Department and Orange County Fire Authority are recommending that changes and modifications be made to the 2022 Editions of the California Building Code, California Residential Code, California Electrical Code, and California Fire Code, and such changes are reasonably necessary due to local climatic and geographic conditions in Stanton. Other modifications are of an administrative or procedural nature and concern themselves with subjects that are not covered by the codes or are reasonably necessary to safeguard life and property within our City.

The attached ordinance includes the necessary findings to enable the City to amend the new construction codes to reflect our local conditions. The attached ordinance incorporates the following amendments to reflect our local conditions:

1. Roofing Materials: Due to the serious hazard of rapid fire spread in local high winds, minimum Class B roof covering is specified and the use of untreated wood roofs is prohibited for new buildings and re-roofing of existing buildings. This provision already exists from the previous code adoption cycle. (Building Code Section 1505 and Residential Code Section R902)

2. Concrete and Masonry Foundation Walls: Due to the high seismic area in Orange County, prescriptive design of concrete and masonry foundation walls that are laterally supported at the top and bottom is prohibited. (Building Code Section 1807.1.6)
4 3. Swimming Pool Barrier: The warm, dry climate in the region is conducive to swimming pools which create a higher probably of child drowning where pools are unprotected. This provision already exists from the previous code adoption cycle. (Building Code Section 3109.2 and Residential Code Appendix AX)

4. Small Wire Installation: Due to frequent improper installation of certain conductor material, additional provisions are required to minimize shock or fire hazard. These provisions already exist from the previous code adoption cycle. (Electrical Code Article 310.106(B) and 310.121)
The proposed amendments are consistent with the Orange County Code Uniformity Group and have the support of the Orange County Building Industry Association. The remainders of the proposed amendments are administrative or procedural in nature, such as defining timeline for permit expiration and process for renewal.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended actions.

ENVIRONMENTAL IMPACT:

This Ordinance is not a project within the meaning of CEQA Guidelines section 15378 because it has no potential for resulting in physical change in the environment, directly or indirectly. Further, under section 15061(b)(3), this Ordinance is exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

LEGAL REVIEW:

The City Attorney has approved the Ordinance as to form.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. 1:Provide a safe community.

Obj. 6:Maintain and promote a responsive, high quality and transparent government. 5 PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared by: Richard Supan, Building Official (CSG Consultants, Inc.) Reviewed by: Maribeth Tinio, Acting Community Development Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Ordinance No. 1128
ORDINANCE NO. 1128
PAGE 1 OF 81
ORDINANCE NO. 1128

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING DIVISION I OF TITLE 16 AND CHAPTER 17.08 OF TITLE 17 OF THE STANTON MUNICIPAL CODE PERTAINING TO THE ADOPTION OF THE 2022

EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, CONSISTING OF THE

CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE

CALIFORNIA PLUMBING CODE, THE CALIFORNIA MECHANICAL CODE, THE

CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA FIRE CODE, THE CALIFORNIA

ADMINISTRATIVE CODE, THE CALIFORNIA GREEN BUILDING STANDARDS CODE,

THE CALIFORNIA EXISTING BUILDING CODE, THE CALIFORNIA ENERGY CODE,

THE CALIFORNIA HISTORICAL BUILDING CODE, AND THE CALIFORNIA REFERENCED STANDARDS CODE; THE INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, WITH

AMENDMENTS THERETO, AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, California Health and Safety Code Section 17958 provides that the City of Stanton (‘City”) may adopt ordinances and regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to California Health and Safety Code Section 17922; and WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 and 25 of the California Code of Regulations, consisting of the California Building Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the California Fire Code, the California Administrative Code, the California Green Building Standards Code, the California Existing Building Code, the California Energy Code, the California Historical Building Code, the California Referenced Standards Code, and other codes, including, without limitation, the International Swimming Pool and Spa Code, and the International Property Maintenance Code (hereinafter referred to collectively as “Codes”); and WHEREAS, Health and Safety Code Sections 17958.7 and 18941.5 permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geologic, or topographic conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, make an express finding that such changes or modifications are reasonably necessary because of local climatic, geologic, or topographic conditions; and
WHEREAS, The Stanton Fire Chief and Building Official have recommended that changes and modifications be made to the 2022 Codes, and have advised that certain of said changes and modifications to the Codes are reasonably necessary due to local conditions within the City of Stanton, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Codes, or are reasonably necessary to safeguard life and property within the City of Stanton; and
Attachment: A
Click here to return to the agenda.

ORDINANCE NO. 1128
PAGE 2 OF 81
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds that the above facts, findings and conclusions are true and correct and are made a material part of this Ordinance.

SECTION 2: Chapters 16.01, 16.02, 16.04, 16.05, 16.06, 16.07, 16.08, 16.10, 16.11,

16.12, 16.13, 16.14, 16.20, 16.21, and 17.08 are hereby repealed and recast in their entirety.

SECTION 3: Chapter 16.01 of the Stanton Municipal Code is hereby amended to read as follows:
“Chapter 16.01 ADMINISTRATIVE PROVISIONS

16.01.010 Administrative provisions adopted.

General provisions applicable to all the Codes adopted in this Division I of Title 16 of the Stanton Municipal Code are as follows:

1. Violations – penalty.

For all sections of the Codes, any and all amendments included within this Division I of Title 16 of the Stanton Municipal Code, the following shall apply pertaining to violations and shall replace any sections of those Codes that pertain to violation.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this Division I of Title 16 of the Stanton Municipal Code.

Any person, firm, or corporation violating any of the provisions of this Division I of Title 16 of the Stanton Municipal Code, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Division 1 is committed, continued, or permitted, and upon conviction of any such violation such persons shall punishable according to the provisions of Section 1.10.010 of the Stanton Municipal Code.

ORDINANCE NO. 1128
PAGE 3 OF 81

2. Board of Appeals
For all sections of the Codes, including any and all amendments included within this Division I of Title 16 of the Stanton Municipal Code, the following shall apply pertaining to board of appeals and shall replace any sections of those codes that pertain to board of appeals.

In order to determine the suitability of alternate materials and methods of construction and provisions of these codes, there shall be and there is hereby created a board of appeals, consisting of five members, composed of the mayor and the other members of the city council. Said members shall hold their respective membership on said board of appeals by reason of, and concurrently with their terms of service as council members and shall cease to be such members upon their ceasing to be such council members. The Building Official shall be the secretary of the board. The board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the city council such new legislation, if any, as is consistent therewith.

Three members of the board shall constitute a quorum. The mayor shall be the presiding officer of the board and in the mayor's absence the mayor pro-tem shall preside.

Meetings shall be conducted in accordance with the Brown Act.

The board shall have the right, subject to such limits as the city council may prescribe by resolution, to employ at the cost and expense of the city, such qualified individuals as the board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions.

3. Fees.

For all sections of the Codes, including any and all amendments included within this Division I of Title 16 of the Stanton Municipal Code, pertaining to fees are hereby amended to read as follows:

All fees shall be as set forth by resolution of the City Council.

4. California and International Codes Available.

Copies of all of the Codes adopted in this Division I of Title 16 of the Stanton Municipal Code shall be maintained in the office of the Clerk of the City of Stanton.” SECTION 4: Section 16.02.010 of the Stanton Municipal Code is hereby amended to read as follows:

ORDINANCE NO. 1128
PAGE 4 OF 81
“16.02.010 California Administrative Code adopted.

The California Administrative Code, 2022 Edition, as published by the International Code Council, is hereby adopted and shall be and become the Administrative Code of the City of Stanton.”
SECTION 5: Section 16.04.010 of the Stanton Municipal Code is hereby amended to read as follows:
“16.04.010 California Building Code adopted.

There is hereby adopted by reference the California Building Code Volume 1 and 2, together with Chapter 1 and Appendix J, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council. Such Code, and amendments thereto as set forth in this chapter, are incorporated, pursuant to California Government Code Section 50022.2 et seq., as though fully set forth at length herein, for the purpose of prescribing regulations for the erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures within the corporate limits of the City. From the date on which this section takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City.”
SECTION 6: Section 16.04.020 of the Stanton Municipal Code is hereby amended to read as follows:
“16.04.020 California Building Code amended.

Based upon the findings of the City Council and upon the recommendations of the Fire Chief and Building Official, the City Council hereby amends the California Building Code, 2022 Edition, applicable within the corporate limits of the City, as follows:

Section 104.8 of the California Building Code is hereby amended by adding a sentence to the end of the paragraph as follows:

Section 104.8 Liability. The provisions of this section shall apply if the building official or his/her authorized representatives are employees of this jurisdiction and shall also apply if the building official or his/her authorized representatives are acting under contract as agents of this jurisdiction.

Section 105.2 Work exempt from a permit is amended by amending the following categories of work that are exempt from a building permit:

ORDINANCE NO. 1128
PAGE 5 OF 81
A. Section 105.2 “Building” Item 1 is amended to read as follows:

1. One story detached accessory structures used as storage sheds, playhouses or similar uses, provided the floor area is not greater than 120 square feet and the ceiling height is not over 7 feet.

B. Section 105.2 “Building” Item 2 is amended to read as follows:

2. Fences not over six feet high and block walls not over three feet high.

C. Section 105.2 “Building” Item 4 is amended to read as follows:

4. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

D. Section 105.2 “Building” Item 9 is amended to read as follows:

9. Prefabricated swimming pools accessory to a Group R occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

Section 105.5 Expiration is amended to read as follows:
105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 1180 days and, after its issuance, or if the work authorized on the site by such permit is suspended, abandoned or uncompleted for a period of 180 days after the work has commenced or 180 days past the last required inspection. The building official is authorized to grant one or more extensions of time for not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.

If work has been suspended or abandoned past 180 days, the permit shall be expired, and new permit(s) issued. The fee for such renewal of permit(s) shall be one half of the original permit fee or one half of the fee of the current adopted fee schedule at the time of renewal. Permits which have been abandoned and require only final inspection may be reissued at minimum fee or as determined by the building official.

Section 105.8 Reconstruction is added to read as follows:
105.8. Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the existing habitable square footage of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or ORDINANCE NO. 1128
PAGE 6 OF 81
renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

Section 113.1 General is amended to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall consist of five members and composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Appeals by reason of, and concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be Council members. The Building Official shall be the Secretary of the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters in writing to the Building Official, with duplicative copy thereof to any appellant or contestant affected by any such decision of finding.

Three members of the Board shall constitute a quorum. The Mayor shall be the presiding Officer of the Board. Meetings shall be conducted in accordance with the Brown Act.

The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions.

Section 202 of the California Building Code is hereby revised by adding “Barrier,” “Swimming Pool,” “Spark Arrester,” and “OCFA” as follows:

BARRIER. Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.

SWIMMING POOL. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches. The term, “pool,” includes swimming pools, spas, hot tubs, above-and below-ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.

OCFA: Orange County Fire Authority, fire authority having jurisdiction.

ORDINANCE NO. 1128
PAGE 7 OF 81
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable
particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

Section 903.2 Where required is hereby amended as follows:
[F] 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.20, an automatic fireextinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202 of the California Building Code, exceeds 5,000 square feet (465 m2), or more than two stories in height, regardless of fire areas or allowable area.

Exception: Group R-3 occupancies. Group R-3 occupancies shall comply with California Residential Code Section
R313.2.

2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When the addition is 33% or more of the existing building area and the resulting building area, as defined in Section 202, exceeds 5000 square feet (465 m2); or
b. When the addition exceeds 2,000 square feet (185.81 m2) and the resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2); or
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Section 903.3.5.3 Hydraulically calculated systems is added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

ORDINANCE NO. 1128
PAGE 8 OF 81
Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

Section 1505.1 General is amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A.

Section 1505.1.3 Roof coverings within all other areas is amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.
90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
ORDINANCE NO. 1128
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E. Section 1803.1.1.1 is amended to add the following:
1803.1.1.1 Geologic or geotechnical reports. The Building Official may require a geologic or geotechnical report or both, in accordance with the 2022 California Building Code; a geologic report shall be prepared by a Certified Engineering Geologist licensed by the State of California. A geotechnical report shall be prepared by a registered Civil Engineer versed in soils engineering and qualified to perform this work. When both a geotechnical and geologic report are required, the two reports shall be coordinated before submission to the Building Official. The Building Official, at his/her discretion shall obtain any technical support necessary to approve the report. Submitted reports shall contain a finding regarding the safety of the site from any variety of geologic hazard and a finding regarding the effect the proposed improvements, grading and/or construction and use of the site will have on the stability of the site and/or property outside the site.

Any recommendation or action presented in the approved reports along with any conditions of approval shall be incorporated into the construction of site improvements. A fee shall be collected for the cost of review of the reports and any required addendums.

Section 1807.1.6 Prescriptive design of concrete and masonry foundation walls is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

Section 3109.1.1 Construction permit; safety features required is added to read as follows:
3109.1.1 Construction permit; safety features required. New or remodeled pools or spas, at a private single-family home, shall have an enclosure complying with the amended California Residential Code Appendix V.”
SECTION 7: Chapter 16.05 of the Stanton Municipal Code is hereby amended to read as follows:
“Chapter 16.05 RESIDENTIAL CODE
ORDINANCE NO. 1128
PAGE 10 OF 81

16.05.010 California Residential Code adopted.

There is hereby adopted the California Residential Code, 2022 Edition, together with Chapter 1 and Appendix V, based on the 2021 International Residential Code as published by the International Code Council.

16.05.20 California Residential Code amended.

Section R105.5 Expiration is amended to read as follows:

R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section R105.10 Reconstruction is added to read as follows:

R105.10 Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the habitable square footage of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

Table R301.2(1) Climatic and Geographic Design Criteria is amended to read as follows:

MANUAL J DESIGN CRITERIA n

ELEVATION LATITUDE WINTER

HEATING
SUMMER

COOLING

ALTITUDE

CORRECTION
FACTOR
INDOOR
DESIGN

TEMPERATURE
DESIGN

TEMPURATURE

COOLING
HEAT

TEMPERATURE

DIFFERENCE
30 34 39 87 70 75

COOLING

TEMURATURE

DIFFERENCE
WIND

VELOCITY

HEATING
WIND

VELOCITY

COOLING

COINCIDENT

WET BULB
DAILY
RANGE
WINTER

HUMIDITY
SUMMER

HUMIDITY
7 70 23 18 (50% RH)
ORDINANCE NO. 1128
PAGE 11 OF 81
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.

a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2( 4)].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2-percent values for winter from Appendix D of the California Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the Building Official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The City of Stanton does have a Flood Hazards Zone.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speedup effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

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m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2 (6).

Section R309.6 Fire sprinkler attached garages, and carports with habitable space above is amended by modifying the exception to read as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code, Section 903.2.8.

Section R313.1 Townhouse automatic fire sprinkler systems is amended by modifying the exception to read as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code, 903.2.8.

Section R313.2 One- and two-family dwellings automatic fire sprinkler systems is amended by modifying the exception to read as follows:

Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic sprinkler system unless a sprinkler system is required in accordance with California Fire Code, Section 903.2.8.

Section R313.3.6.2.2 Calculation procedure is amended to read as follows:

Section R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code, Section 903.3.5. (The remainder of the section is unchanged)
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Section R902.1 Roofing covering materials is amended by revising it to allow only class A or B roofs as follows:

R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

Section R902.1.3 Roof coverings in all other areas is amended by revising it to require a minimum Class B roof as follows:

R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

Section R902.2 Fire-retardant-treated shingles and shakes, first paragraph, is amended by revising it to allow only Class A or B treated wood roofs as follows:

R902.2 Fire-retardant-treated shingles and shakes. Fire-retardanttreated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs.

Section R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices is added to read as follows:

R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices.

Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking
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Section R1001.13.1 Gas-fueled devices is added to read as follows:

R1001.13.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2.

Section R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is added to read as follows:

R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace.”
SECTION 8: Chapter 16.06 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.06 ELECTRICAL CODE

16.06.010 California Electrical Code adopted.

Except as provided in this chapter, the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association, is hereby adopted and shall be and become the Electrical Code of the City of Stanton, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures, and other electrical appliances on premises within the city.

16.06.020 California Electrical Code amended.

A. Article 310.16 Continuous Inspection of Aluminum Wiring is added to read as follows:

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Article 310.16 Continuous Inspection of Aluminum Wiring. Aluminum conductors of No. 6 or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torqueing of connections at their termination point.” SECTION 9: Chapter 16.07 of the Stanton Municipal Code is hereby added to read as follows:

Chapter 16.07 MECHANICAL CODE

16.07.010 California Mechanical Code adopted.

The California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and shall be and become the Mechanical Code of the City, regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat producing appliances.”
SECTION 10: Chapter 16.08 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.08 PLUMBING CODE

16.08.010 California Plumbing Code adopted.

The California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and shall be and become the Plumbing Code of the City of Stanton, regulating erection, installation, alteration, repair, relocation, replacement, maintenance, or use of plumbing systems within the City.” SECTION 11: Chapter 16.10 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.10 ENERGY CODE

16.10.010 California Energy Code adopted.

The California Energy Code, 2022 Edition, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Energy Code of the City of Stanton.”
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SECTION 12: Chapter 16.11 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.11 EXISTING BUILDING CODE

16.11.010 California Existing Building Code adopted.

There is hereby adopted the California Existing Building Code, 2022 Edition, based on the 2021 International Existing Building Code as published by the International Code Council.”
SECTION 13: Chapter 16.12 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.12 HISTORICAL BUILDING CODE

16.12.010 California Historical Building Code adopted.

The California Historical Building Code, 2022 Edition, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Historical Building Code of the City of Stanton.” SECTION 14: Chapter 16.13 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.13 REFERENCED STANDARDS CODE

16.13.010 California Referenced Standards Code adopted.

The California Referenced Standards Code, 2022 Edition, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Referenced Standards Code of the City of Stanton.” SECTION 15: Chapter 16.14 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.14 GREEN BUILDING STANDARDS CODE

16.14.010 California Green Building Standards Code adopted.

The California Green Building Standards Code, 2022 Edition, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Green Building Code of the City of Stanton.” SECTION 16: Chapter 16.15 of the Stanton Municipal Code is hereby added to read as follows:

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“Chapter 16.15 INTERNATIONAL PROPERTY MAINTENANCE CODE

16.15.010 International Property Maintenance Code adopted.

The International Property Maintenance Code, 2021 Edition, as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the City of Stanton, regulating construction, enlargement, alteration repair, maintenance, moving, improving, removal, conversion, demolition, and occupancy of all buildings or portions thereof used, or designed or intended to be used for human habitation.

16.15.020 International Property Maintenance Code amended.

Section [A] 102.3 Application of other codes is amended to read as follows:
[A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, must be done in accordance with the provisions of the California Building Code, California Existing Building Code, California Energy Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Residential Code, and the California Green Building Standards. Nothing in this code will be construed to cancel, modify, or set aside any provision of the Stanton Municipal Code.

Section 103.5 Fees is amended to read as follows:
103.5 Fees. The fees for activities and services performed by the department in carrying out the department’s responsibilities under this code are set by City Council resolution.

Section 108.1 General is amended to read as follows:
108.1 General. When a structure or equipment is found by the code official to contain any of the conditions listed in Section 17920.3 of the California Health and Safety Code, to the extent that the structure or equipment is unsafe or unfit for human occupancy, such structure may be condemned pursuant to this code.

Section 112.4 Failure to comply is amended to read as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine(s) or fines in an amount(s) as may be established by the City Council.

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Section 303.2 Enclosures is amended to read as follows:
303.2 Enclosures. Private swimming pools, hot tubs and spas containing water more than 18 inches in depth must be completely surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers must be self-closing and self-latching. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the barrier must have no opening greater than one-half inch within 18 inches of the release mechanism. Self-closing, self- latching gates must be maintained such that the gate will positively close and latch when released from an open position of six inches from the gate post. No existing pool enclosure may be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.

The exception to section 303.2 is deleted in its entirety.

Section 304.1.1 Unsafe conditions is amended in part to read as follows:
304.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired or replaced to comply with the California Building Codes or California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 304.1.1)
Section 305.1.1 Unsafe conditions is amended in part to read as follows:
305.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired, or replaced, to comply with the California Building Codes or California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 305.1.1)
Section 306.1.1 Unsafe conditions is amended in part to read as follows:
306.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired, or replaced, to comply with the California Building Codes or the California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 306.1.1)
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Section 401.3 Alternative devices is amended to read as follows:
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code shall be permitted.

Section [P] 502.5 Public toilet facilities is amended to read as follows:
[P] 502.5 Public toilet facilities. Public toilet facilities must be maintained in a safe sanitary working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use must be provided to the toilet facilities at all times during occupancy of the premises.

Section [P] 505.1 General is amended to read as follows:
[P] 505.1 General. Every sink, lavatory, bathtub, shower, drinking fountain, water closet, or other plumbing fixture must be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, and bathtubs and showers must be supplied with hot or tempered, and cold running water in accordance with the California Plumbing Code.

Section 602.2 Residential occupancies is amended to read as follows:
602.2 Residential occupancies. Dwellings must be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances may not be used, nor may portable unvented fuel-burning space heaters be used, as a means to provide required heating.

The exception to section 602.2 is deleted in its entirety.

Section 602.4 Occupiable work spaces is amended in part to read as follows:
602.4 Occupiable work spaces. Indoor occupiable work spaces must be supplied with heat to maintain a temperature of not less than 65°F during the time the spaces are occupied.
(No further changes to remainder of section 602.4)
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Section 604.2 Service is amended to read as follows:
604.2 Service. The size and usage of appliances and equipment serves as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units must be served by a threewire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.

Section 604.3.1.1 Electrical equipment is amended to read as follows:
604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground-fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaries, ballasts, motors and electronic control, signaling, and communication equipment and that have been exposed to water must be replaced in accordance with the provisions of the California Building Code and California Electrical Code.

Section 604.3.2.1 Electrical equipment is amended to read as follows:
604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water-heater, security system, and powerdistribution circuits that have been exposed to fire, must be replaced in accordance with the California Building Code and the California Electrical Code.

Section [F] 702.1 General is amended to read as follows:
[F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Building Code.

Section [F] 702.2 Aisles is amended to read as follows:
[F] 702.2 Aisles. The required width of aisles in accordance with the California Building Code shall be unobstructed.

Section [F] 702.3 Locked doors is amended to read as follows:
[F] 702.3 Locked doors. All means of egress doors must be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where door hardware conforms to that permitted by the California Building Code.

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CHAPTER 9 POST-DISASTER RECOVERY AND RECONSTRUCTION is added to the 2021 International Property Maintenance Code to read as follows:

SECTION 901

POST-DISASTER SAFETY ASSESSMENT PLACARDS AND SECURITY
901.1 SCOPE. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. It further authorizes the Building and Safety Department, as well as authorized representatives, to post appropriate placards at each entry point to a building or structure upon completion of a safety assessment. 901.2 APPLICATION OF PROVISIONS. The provisions of this chapter are applicable to all buildings and structures, of all occupancies, regulated by the City following each natural or man-made disaster.
901.3 DEFINITIONS. For the purposes of this section, the following definitions shall apply:
901.3.1 BUILDING OFFICIAL is person or entity designated as such by the city council or that person or entity’s designee
901.3.2 SAFETY ASSESSMENT is a visual examination of a building or structure for the purpose of determining whether continued use or occupancy is appropriate following a natural or man-made disaster. 901.4 PLACARDS. The following official placards must be used to designate the condition of buildings or structures following a disaster. 901.4.1 (GREEN) INSPECTED - LAWFUL OCCUPANCY PERMITTED.

Posted on any building or structure where no apparent hazard has been found.

Placement of this placard does not mean that there is no damage to the building or structure.
901.4.2 (YELLOW) RESTRICTED OR LIMITED ENTRY. Posted on each damaged building or structure where damage has created a hazardous condition which justifies restricted occupancy. The Building Official who posts this placard will note in general terms the hazard created and will clearly and concisely note the restrictions on occupancy.
901.4.3 (RED) UNSAFE – DO NOT ENTER OR OCCUPY. Posted on each damaged building or structure such that continued occupancy poses a threat to life or health. Buildings or structures posted with this placard may be entered only after authorization in writing by the building official. Safety assessment teams are authorized to enter these buildings at any time. This placard may not be used or considered as a demolition order. The official who posts this placard must make a note in general terms of the damage encountered.

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901.4.4 SECURING OF UNSAFE BUILDINGS OR STRUCTURES. Buildings or structures that have been determined by the Building Official to pose a threat to life safety or to be unsafe due to damage may be required by the Building Official to be secured from entry by fencing or other approved means until such time that the damage or threat to life is removed by repair, reconstruction or demolition. The fencing or security measures may not be removed without authorization from the building official.
901.4.5 REMOVAL OF PLACARDS. Once the placard has been attached to a building or structure, it may not be removed, altered, or covered until authorized by the Building Official.
901.5 VIOLATION. Any violation of Chapter 9 of this code is a misdemeanor and will be subject to punishment in accordance with the Stanton Municipal Code and the City of Stanton Building Codes in Division 1 of Title 16 of the Stanton Municipal Code.

SECTION 902

POST DISASTER ABATEMENT
902.1 INTENT. This chapter establishes abatement criteria for all buildings and structures damaged as a result of a disaster for which a local emergency has been declared.
902.2 APPLICATION OF PROVISIONS. The provisions of this chapter are applicable to all buildings and structures regulated by the city. 902.3 DEFINITIONS. For the purposes of this section, the following definitions shall apply:
902.3.1 EVENT means any occurrence which results in the declaration of a disaster, including but not limited to, fires, landslides, wind storms, earthquakes, and floods.
902.3.2 HISTORIC BUILDING OR STRUCTURE means any building or structure registered with a federal, state, county, or city government, or the register of points of interest. Historic buildings and structures also include those buildings and structures within a recognized historic district. 902.3.3 STATE HISTORIC PRESERVATION OFFICER (SHPO) is the person appointed by the Governor, pursuant to Section 101(b)(1) of the National Historic Preservation Act of 1966, as amended, to administer the State Historic Preservation Program.

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Office of Historic Preservation
Department of Parks and Recreation
P.O. BOX 942896
Sacramento, CA 94296-0001
Phone: (916) 653-6624
FAX: (916) 653-9824
902.4 ABATEMENT CRITERIA
902.4.1 NOTICE OF DETERMINATION. Except as provided in Section 902.4.2 below, the Building Official must serve a written Notice of Determination to each property owner as found on the latest available copy of the last equalized assessment roll. Such Notice of Determination must be delivered by hand-delivery, telephone, telegram, facsimile or other reasonable means, and must clearly indicate that the structure is an imminent hazard and dangerous and that, as such, it constitutes a public nuisance. The notice must set forth those factors which, in the opinion of the Building Official, make the structure an imminent hazard and dangerous, and must also include a directive from the Building Official of the specific action or actions to be taken by the property owner. The Notice must specify that within 48 hours from the time of issuance of the Notice of Determination, the owner or other party of record with an equitable or legal interest in the property must abate the nuisance in accordance with the directives written in the Notice of Determination by the Building Official.
902.4.2 NOTICE OF DETERMINATION EXCEPTION. No prior notice is required, when the Building Official, after considering all the facts, determines, in writing, that the structure is an imminent hazard and dangerous, and that it must be abated immediately and that time and circumstances do not permit the giving of prior notice to the owner. In those cases where time and circumstances do not permit the city to give the owner notice prior to abatement, the Building Official may cause the nuisance to be summarily abated.
902.4.3 APPEAL OF NOTICE OF DETERMINATION. A Notice of
Determination delivered by the Building Official, that a building or structure is an imminent hazard and dangerous and therefore must be abated, may be appealed by the property owner or any other party of record with an equitable or legal interest in the property. Such appeal must be made to the Building Official within 48 hours of delivery of such Notice of Determination by the Building Official. Such appeal must be accompanied by a written Hazard Abatement Plan signed by a State of California licensed engineer or architect or by a written report by a State of California licensed engineer or architect stating why the engineer or architect feels the building or structure is not an imminent hazard or dangerous at this time. Such report must include a recommendation by the engineer or architect as to what should or should not ORDINANCE NO. 1128
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be done at this time. If the Building Official accepts the proposed Hazard Abatement Plan in lieu of the Notice of Determination, the Hazard Abatement Plan must be implemented within 24 hours of acceptance by the Building Official. If the Building Official accepts an engineer's report and agrees there is no imminent hazard, the Building Official must rescind, in writing, the Notice of Determination.

Should the Building Official disagree with the Hazard Abatement Plan or should the Building Official disagree with the engineer's or architect's report, a hearing must be conducted by the Board of Appeals, as soon as a quorum can be assembled.
902.4.4 BOARD OF APPEALS HEARING. At the hearing, the appellant has the right to call witnesses, to submit evidence, and to cross-examine the witnesses of the city. All witnesses must be sworn.

A record of the proceedings must be made by tape recording. Any relevant evidence may be submitted, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in the courts of this State.

At the close of the hearing, the Board of Appeals must act to uphold, overrule, or modify the determination and order of the Building Official. The determination and order of the Building Official will be upheld, unless the Board of Appeals finds, based upon the evidence in the record, that the Building Official erred in determining that the structure is an imminent hazard and dangerous. The decision of the Board of Appeals, with the reasons therefore, may be given orally on the record. If given orally, the decision must be memorialized in writing and served upon the applicant within 24 hours of the time the oral decision is rendered.

If the Board of Appeals upholds the decision of the Building Official, the property owners of record will be ordered to abate the public nuisance within the time set forth in the order. If the structure is determined not to be an imminent hazard and dangerous, the Building Official's determination and order will be vacated. The decision of the Board of Appeals will be final on the date it is rendered.
902.4.5 HAZARD ABATEMENT PLAN. If a Hazard Abatement Plan is approved by the Building Official, the owner or other interested party of record must execute such plan within 24 hours of obtaining approval of the plan from the Building Official. Within 24 hours of completion of the abatement work the owner or other interested party of record must provide the Building Official with a written certification that the public nuisance, as described in the Building Official's Notice of Determination, has been abated.

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If the work performed pursuant to the Hazard Abatement Plan amounts to temporary abatement, the owner or other party of record, prior to proceeding with permanent repairs, must obtain required permits and file a damage assessment report with the Building Official. The damage assessment report must be reviewed and approved by the Building Official prior to proceeding with permanent repairs. 902.4.6 FAILURE TO PERFORM. In those instances where the property owner or other interested party of record either does not respond to the Building Official's Notice of Determination or approved Hazard Abatement Plan, responds untimely, or responds timely but fails to abate the public nuisance within the required time period, the imminent hazard and dangerous structure will be subject to immediate abatement by the Building Official.
902.4.7 PUBLIC NUISANCE. All structures or portions of such structures which, after inspection by the Building Official, are determined to be an imminent hazard and dangerous, either to the public, occupants of the subject structure, or to any adjacent structures, are hereby declared to be public nuisances and must be abated by the owner in accordance with the procedures specified in Sections

43.2.4.4 and 43.2.4.5.
902.4.8 SUSPENSION OF ABATEMENT OF WORK. Notwithstanding any code provisions to the contrary, the Building Official is authorized to suspend abatement work, and to allow the property owner or other party of legal interest to complete the abatement work.
902.4.9 CHANGE OF STATUS. When the conditions making a structure an imminent hazard and dangerous have been abated, the structure will no longer be considered an imminent hazard and dangerous. However, if the abatement work is temporary in nature, as determined by the Building Official, the structure will remain subject to the provisions of this section.
902.4.10 DEMOLITION PERMIT. If the owner of any building or structure has decided to demolish rather than repair, the owner, or the owner's representative, must obtain a demolition permit.
902.5 HAZARD ABATEMENT OF HISTORIC BUILDINGS OR STRUCTURES. 902.5.1 NOTIFICATION OF IMMINENT HAZARD. Within ten days after the event, the Building Official must notify the State Historic Preservation Officer that one of the following actions will be taken regarding any historic building or structure determined by the Building Official to represent an imminent hazard to the health or safety of the public, or to pose an imminent threat to the public right of way:
902.5.1.1 BRACING OR SHORING. Whenever possible, as determined by the Building Official, the building or structure may be braced or shored in such a manner as to mitigate the hazard to public health or safety or the hazard to the public right-of-way.

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902.5.1.2 CONDEMNATION. Whenever bracing or shoring is determined to be an unreasonable alternative, the Building Official may cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition may be performed in the interest of public health or safety without a condemnation hearing as required by the 1997 Uniform Code for the Abatement of Dangerous Buildings.
902.5.2 CONDEMNATION PROCEEDINGS. If, ten days after the event and less than 30 days after the event, an historic building or structure is determined by the Building Official to represent a hazard to the health or safety of the public or to pose a threat to the public right of way, the Building Official may initiate condemnation proceedings in accordance with the Uniform Code for the Abatement of Dangerous Buildings. The Building Official may also notify the Federal Emergency Management Agency (FEMA), in accordance with the National Historic Preservation Act of 1966, as amended, of its intent to hold a condemnation hearing.
902.5.3 REQUEST TO DEMOLISH. If the Building Official and the owner of any historic building or structure agree that such a building or structure should be demolished, the Building Official must submit a request to demolish to the Federal Emergency Management Agency, in accordance with the National Historic Preservation Act of 1986, as amended. Such request must include all substantiating data.

SECTION 903

DISASTER REPAIR AND RECONSTRUCTION
903.1 INTENT. This section establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared.
903.2 APPLICATION OF PROVISIONS.
903.2.1 DECLARATION OF EMERGENCY. The provisions of this chapter are applicable to all buildings and structures regulated by the city following each disaster after a local emergency has been declared.
903.2.2 WAIVER FOR ENGINEERING EVALUATION. The requirements of this chapter may be waived by the Building Official subject to an Engineering Evaluation as defined in Section 903.3.3.4.
903.3 DEFINITIONS. For the purpose of this section, the following definitions apply:
903.3.1 ARCHITECT is a person licensed by the State of California to practice architecture, as prescribed by the State of California Business and Professions Code.

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903.3.2 CIVIL ENGINEER is a person registered by the State of California to practice Civil Engineering, as prescribed by the State of California Business and Professions Code.
903.3.3 CURRENT CODE means those codes adopted by the city pursuant to California Health and Safety Code § 18941.5.
903.3.4 ENGINEERING EVALUATION is an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer, or architect retained by the owner of the building or structure. Engineering evaluations must, at a minimum, contain recommendations for repair and an appropriate opinion of the construction cost for those repairs. All engineering evaluations must include the engineer's or architect’s stamp, wet-signature, and license expiration date. 903.3.5 ESSENTIAL SERVICE FACILITY means those buildings or structures designated by the city to house facilities necessary for emergency operations subsequent to a disaster.
903.3.6 REPLACEMENT VALUE is the dollar value, as determined by the building official, for replacing a damaged structure with a new structure of the same size, same type of construction, and same occupancy, and located on the same site. 903.3.7 STRUCTURAL ENGINEER is a person registered by the State of California to practice civil engineering and to use the title, Structural Engineer, as defined in Section 5537.1 of the State of California Business and Professions Code.
903.3.8 VALUE OF REPAIR is the dollar value, as determined by the Building Official, for making necessary repairs to the damaged structure. 903.4 REPAIR CRITERIA
903.4.1 GENERAL. Buildings and structures of all occupancies which have been damaged as the result of a disaster, except as otherwise noted, must be repaired in accordance with the following criteria:
903.4.2 UP TO TEN PERCENT REPAIR VALUE. When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion may be restored to the pre-disaster condition; except that when the damaged elements include suspended ceiling systems, the ceiling system must be repaired with all bracing required by current code. 903.4.3 UP TO FIFTY PERCENT REPAIR VALUE. When the estimated value of repair is greater than ten percent but less than fifty percent of the replacement value of the structure, the damaged elements must be repaired and brought into conformance with the structural requirements of the current code.

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903.4.4 MORE THAN FIFTY PERCENT REPAIR VALUE. When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure must be brought into conformance with the fire and life safety and structural requirements of the current code.
903.4.5 CHIMNEY VALUE EXCLUSION. In Group R, Division 3, occupancies, the repair value of damaged chimneys may be excluded from the computation of percentage of replacement value. Damaged chimneys must be repaired in accordance with Section 903.5.
903.5 REPAIR CRITERIA FOR FIREPLACES AND CHIMNEYS.
903.5.1 GENERAL. All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 21 of the CBC. Damaged portions of chimneys must be removed in accordance with the following criteria. 903.5.2 DAMAGE ABOVE THE ROOF LINE. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion may be removed to the roof line provided the roof and ceiling anchorage are in sound condition. The reconstruction portion of the chimney must be braced to the roof structure using an approved method. 903.5.3 SINGLE-STORY STRUCTURE DAMAGE BELOW THE ROOF LINE.

For a single-story structure in which the damaged portion of the chimney is below the roof line, or the damaged portion extends from above the roof line to below the roof line, the chimney must be removed to the top of the firebox. 903.5.4 MULTI-STORY STRUCTURE DAMAGE BELOW THE ROOF LINE.

For a multi-story structure, the damaged portion of the chimney must be removed from the top to a floor line where anchorage is found. 903.5.5 FIREBOX DAMAGE. In any structure where the firebox has been damaged, the entire chimney and firebox must be removed to the foundation.

If the foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation must be removed and replaced. Such reconstruction and replacement must be in accordance with Chapter 21 of the CBC Code. 903.5.6 ENGINEERED ALTERNATE SOLUTIONS. Where existing conditions preclude the installation of all anchorage required by Chapter 21 of the CBC, alternate systems may be used in accordance with the alternate methods and materials provisions of the CBC when approved by the Building Official. 903.5.7 BRACING. Where the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, that portion above the roof line must be braced to the roof structure using an approved method.

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903.6 REPAIR CRITERIA FOR HISTORIC BUILDINGS OR STRUCTURES. 903.6.1 ENGINEERING EVALUATION REQUIRED. Buildings or structures which are included on a national, state, or local register for historic places or which are qualifying structures within a recognized historic district, which have been damaged as a result of a disaster, must have an engineering evaluation performed.
903.6.2 MINIMUM REPAIR CRITERIA. The minimum criteria for repair are included in Section 903.4, Repair Criteria, with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in Part 8, Title 24, California Code of Regulations, also apply. 903.7 REPAIR CRITERIA FOR UNREINFORCED MASONRY BUILDINGS AND STRUCTURES.
903.7.1 GENERAL. All damaged buildings determined to be bearing wall buildings constructed of unreinforced masonry must be repaired and strengthened to fully comply with the requirements of § 15.04.” SECTION 17: Chapter 16.20 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.20 INTERNATIONAL SWIMMING POOL AND SPA CODE

16.20.010 International Swimming Pool and Spa Code adopted.

The International Swimming Pool and Spa Code, 2021 Edition, as published by the International Code Council, is hereby adopted as the Swimming Pool and Spa Code of the City of Stanton.

16.20.020 International Swimming Pool and Spa Code amended.

Section [A] 101.1 Title is amended to read as follows:
[A] 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Stanton hereinafter to as “this code.” Section [A] 102.7.1 Application of the International Codes is amended to read as follows:
[A] 102.7.1 Application of the International Codes. Where the International Residential Code is referenced in this code, the provisions of the California Residential Code shall apply to related systems in detached one- and two-family dwellings and townhouses not more than three stories in height. Other related systems shall comply with the applicable California Codes or referenced standard.

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Section [A] 105.6 Fees is amended to read as follows:
[A] 105.6 Fees. A permit shall not be valid until the fees prescribed by law have been paid. All fees related to and any permit, work, inspection, violation, plan review or refunds shall be in accordance with Section 109 of the California Building Code.

Section [A] 105.6.2 Fee schedule and [A] 105.6.3 Fee refunds are deleted in their entirety without replacement.

Section [A] 108.2 Membership of board is amended to read as follows:
[A] 108.2 Board of appeals. The Board of Appeals shall consist of members as set forth in Chapter 113.1 of the California Building Code and any amendments of the Stanton Municipal Code.

Section [A] 108.2.1 Qualifications is deleted in its entirety without replacement.

Section 305.2.1 Barrier height and clearances is amended to read as follows:
305.2.1 Barrier height and clearances Barrier heights and clearances shall be in accordance with all of the following:

1. The top of the barrier shall be not less than 60 inches (1524 mm) above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet (914 mm) measured horizontally from the outside of the required barrier.
(The remaining language in 305.2.1 is to remain and unchanged.)” SECTION 18: Chapter 16.21 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.21 FIRE CODE

16.21.010 California Fire Code adopted.

The California Fire Code, 2022 Edition, with Appendices B, BB, C and CC, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Fire Code of the City of Stanton.

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16.21.020 California Fire Code amended.
“Chapter 1
Scope and Administration
Chapter 1 General Requirements. Adopt Chapter 1 in its entirety, with the following amendments:

Section 112.4 Violation penalties is hereby revised as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 112.4.2 Infraction and misdemeanor is hereby added as follows:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

Chapter 2
Definitions
Chapter 2 Definitions is adopted in its entirety as amended by SFM with the following amendments:

Sections 202 General Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 General Definitions
OCFA: Orange County Fire Authority, authority having jurisdiction.

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SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

3. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

4. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

Chapter 3
General Requirements
Chapter 3 General Requirements. Adopt Chapter 3 in its entirety with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:

Section 304.1.2 Vegetation is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
Section 305.6 Hazardous Conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared

2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

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Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

RINGS, AND PORTABLE OUTDOOR FIREPLACES
Sections 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefiedpetroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

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The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), WildlandUrban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” Section 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:

325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

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Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326 Unusual Circumstances is hereby added as follows:

326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 327 Use of Equipment is hereby added as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby added as follows:
327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall ORDINANCE NO. 1128
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use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediate in case of fire.

Section 327.2 Spark Arresters is hereby added as follows:

327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

Chapter 4
Emergency Planning and Preparedness
Chapter 4: Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by SFM with the following amendment.

Section 407.5 is revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Guideline in accordance with Section 5001.5.2.

Chapter 5
Fire Service Features
Chapter 5 Fire Service Features is adopted in its entirety as amended by SFM with the following amendments:

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SECTION 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.” Section 510.1 Emergency responder radio coverage in new buildings is revised as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

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Chapter 6
Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety as amended by SFM.

Chapter 7
Fire and Smoke Protection Features
Chapter 7 Fire and Smoke Protection Features is adopted in its entirety as amended by SFM.

Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety as amended by SFM.

Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety as amended by SFM with the following amendments:

Section 903.2 Where required is hereby revised as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2., an automatic fire sprinkler system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

1. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic fire sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:

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a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet
b. When an addition exceeds 2000 square feet, and the resulting building area exceeds 5000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).

Section 903.2.8 Group R is hereby revised as follows:
903.2.8 Group R. An automatic fire sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler fire system shall be installed throughout all new buildings.

2. Existing R-3 Buildings: An automatic fire sprinkler system shall be installed throughout when one of the following conditions exists:

1. When the floor area of alterations within any two-year period exceeds 50 percent of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet; or:

2. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

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Chapter 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety as amended by SFM.

Chapter 11
Construction Requirements for Existing Buildings
Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections adopted by SFM.

Chapter 12
Energy Systems
Chapter 12 Energy Systems is adopted in its entirety as amended by SFM.

Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety.

Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety as amended by SFM.

Chapter 22
Combustible Dust-Producing Operations
90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
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Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety as amended by SFM.

Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety as amended by SFM.

Chapter 24
Flammable Finishes
Chapter 24 Flammable Finishes is adopted in its entirety as amended by SFM.

Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is not adopted.

Chapter 26
Fumigation and Insecticidal Fogging
Chapter 26 Fumigation and Insecticidal Fogging is not adopted.

Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety.

Chapter 28
Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:

Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.

Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring wood products to the site.

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Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified, and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

Section 2808.4 Pile Separation is hereby revised as follows:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.7 Pile fire protection is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

Section 2808.9 Material-handling equipment is hereby revised as follows:

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2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during firefighting operations.

Section 2808.11 Temperature control is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

Section 2808.11.1 Pile temperature control is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2 New material temperature control is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

Section 2808.12 Water availability is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

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4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

Section 2808.14 Emergency Contact is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.
2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height.

Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety.

Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety.

Chapter 31
Tents, Temporary Special Event Structures and Other Membrane Structures Chapter 31 Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety as amended by SFM.

Chapter 32
High-Piled Combustible Storage
Chapter 32 High-Piled Combustible Storage is adopted in its entirety as amended by SFM.

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Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety.

Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety as amended by SFM.

Chapter 35
Welding and Other Hot Work
Chapter 35 Welding and Other Hot Work is adopted in its entirety.

Chapter 36
Marinas
Chapter 36 Marinas is adopted in its entirety.

Chapter 37
Combustible Fibers
Chapter 37 Combustible Fibers is adopted in its entirety.

Chapter 39
Processing and Extraction Facilities
Chapter 39 Processing and Extraction Facilities is adopted in its entirety.

Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety.

Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations
Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety.

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Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendment:

Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Chapter 50
Hazardous Materials – General Provisions
Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety as amended by SFM with the following amendments.

Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include. Orange County Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety.

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Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety.

Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety as amended by SFM.

Chapter 55
Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety.

Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks is adopted in its entirety as amended by SFM with the following amendments:

Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for Permit is hereby added as follows:

Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids. Adopt Chapter 57, as adopted and amended by SFM.

Chapter 58
Flammable Gases and Flammable Cryogenic Fluids
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids. Adopt Chapter 58 in its entirety as amended by SFM.

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Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety.

Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety.

Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety.

Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety.

Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety.

Chapter 64
Pyrophoric Materials
Chapter 64 Pyrophoric Materials is adopted in its entirety.

Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety.

Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety.

Chapter 67
Water-Reactive Solids and Liquids
Chapter 67 Water-Reactive Solids and Liquids is adopted in its entirety.

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Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.6.4.8

2. Residential sprinklers in accordance with the requirements of 8.4.5

3. Quick response CMSA sprinklers

4. ESFR sprinklers

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

6. Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.

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NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

1. A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 ORDINANCE NO. 1128
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(4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use.

Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby added as follows:

10.4.3.2. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.

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Appendices
Appendix A is deleted in its entirety.

Appendix B is adopted in its entirety.

Appendix BB is adopted in its entirety.

Appendix C is adopted in its entirety.

Appendix CC is adopted in its entirety.

Appendix D is deleted in its entirety.

Appendix E is deleted in its entirety.

Appendix F is deleted in its entirety.

Appendix G is deleted in its entirety.

Appendix H is deleted in its entirety.

Appendix I is deleted in its entirety.

Appendix J is deleted in its entirety.

Appendix K is deleted in its entirety.

Appendix L is deleted in its entirety.

Appendix M is deleted in its entirety.

Appendix N is deleted in its entirety.

Appendix O is deleted in its entirety.”
SECTION 19: Chapter 17.08 of Title 17 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 17.08 FIRE CODE

17.08.010 California Fire Code adopted.

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17.08.020 California Fire Code amended.
“Chapter 1
Scope and Administration
Chapter 1 General Requirements. Adopt Chapter 1 in its entirety, with the following amendments:

Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

Chapter 2
Definitions
Chapter 2 Definitions is adopted in its entirety as amended by SFM with the following amendments:

Sections 202 General Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 General Definitions
OCFA: Orange County Fire Authority, authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

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5. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

6. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

3. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared

4. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

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Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

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Exceptions:

3. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

4. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Exceptions:

3. Permanent fireplaces that are not located in a fuel modification zone

4. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

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Section 326 Unusual Circumstances is hereby added as follows:

6. Difficult terrain.

7. Danger of erosion.

8. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

9. Stands or groves of trees or heritage trees.

10.Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Exceptions:

3. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

4. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby added as follows:
327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

5. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire ORDINANCE NO. 1128
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spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

6. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

7. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

8. Keep a cell phone nearby and call 911 immediate in case of fire.

Section 327.2 Spark Arresters is hereby added as follows:

Chapter 4
Emergency Planning and Preparedness
Chapter 4: Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by SFM with the following amendment.

Chapter 5
Fire Service Features
Chapter 5 Fire Service Features is adopted in its entirety as amended by SFM with the following amendments:

SECTION 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.” ORDINANCE NO. 1128
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Section 510.1 Emergency responder radio coverage in new buildings is revised as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

3. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

4. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

Chapter 6
Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety as amended by SFM.

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Chapter 7
Fire and Smoke Protection Features
Chapter 7 Fire and Smoke Protection Features is adopted in its entirety as amended by SFM.

Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety as amended by SFM.

Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety as amended by SFM with the following amendments:

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic fire sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
d. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet
e. When an addition exceeds 2000 square feet, and the resulting building area exceeds 5000 square feet.
f. An additional story is added above the second floor regardless of fire areas or allowable area.

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Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).

3. New Buildings: An automatic sprinkler fire system shall be installed throughout all new buildings.

4. Existing R-3 Buildings: An automatic fire sprinkler system shall be installed throughout when one of the following conditions exists:

3. When the floor area of alterations within any two-year period exceeds 50 percent of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet; or:

4. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

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Chapter 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety as amended by SFM.

Chapter 11
Construction Requirements for Existing Buildings
Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections adopted by SFM.

Chapter 12
Energy Systems
Chapter 12 Energy Systems is adopted in its entirety as amended by SFM.

Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety.

Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety as amended by SFM. 90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
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Chapter 22
Combustible Dust-Producing Operations
Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety as amended by SFM.

Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety as amended by SFM.

Chapter 24
Flammable Finishes
Chapter 24 Flammable Finishes is adopted in its entirety as amended by SFM.

Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is not adopted.

Chapter 26
Fumigation and Insecticidal Fogging
Chapter 26 Fumigation and Insecticidal Fogging is not adopted.

Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety.

Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.

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Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring wood products to the site.

Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

6. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

7. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

8. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

9. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified, and maintained.

10.Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Section 2808.7 Pile fire protection is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient ORDINANCE NO. 1128
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projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

Section 2808.9 Material-handling equipment is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during firefighting operations.

Section 2808.11 Temperature control is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

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Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

6. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

7. Material within a tipping area shall not exceed 5 feet in height at any time.

8. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

9. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

10.All material within a tipping area shall be processed within 5 days of receipt.

Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety.

Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety.

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Chapter 31
Tents, Temporary Special Event Structures and Other Membrane Structures Chapter 31 Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety as amended by SFM.

Chapter 32
High-Piled Combustible Storage
Chapter 32 High-Piled Combustible Storage is adopted in its entirety as amended by SFM.

Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety.

Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety as amended by SFM.

Chapter 35
Welding and Other Hot Work
Chapter 35 Welding and Other Hot Work is adopted in its entirety.

Chapter 36
Marinas
Chapter 36 Marinas is adopted in its entirety.

Chapter 37
Combustible Fibers
Chapter 37 Combustible Fibers is adopted in its entirety.

Chapter 39
Processing and Extraction Facilities
Chapter 39 Processing and Extraction Facilities is adopted in its entirety.

Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety.

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Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations
Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety.

Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendment:

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Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety.

Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety.

Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety as amended by SFM.

Chapter 55
Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety.

Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks is adopted in its entirety as amended by SFM with the following amendments:

Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for Permit is hereby added as follows:

Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids. Adopt Chapter 57, as adopted and amended by SFM.

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Chapter 58
Flammable Gases and Flammable Cryogenic Fluids
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids. Adopt Chapter 58 in its entirety as amended by SFM.

Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety.

Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety.

Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety.

Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety.

Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety.

Chapter 64
Pyrophoric Materials
Chapter 64 Pyrophoric Materials is adopted in its entirety.

Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety.

Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety.

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Chapter 67
Water-Reactive Solids and Liquids
Chapter 67 Water-Reactive Solids and Liquids is adopted in its entirety.

Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

Section 9.4.3.1 is hereby revised as follows:

Sprinklers in light hazard occupancies shall be one of the following:

7. Quick-response type as defined in 3.6.4.8

8. Residential sprinklers in accordance with the requirements of 8.4.5

9. Quick response CMSA sprinklers

10.ESFR sprinklers

11.Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

12.Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.

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NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

3. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

4. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

2. A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
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(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is hereby added as follows:

Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby added as follows:

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Appendices
Appendix A is deleted in its entirety.

Appendix B is adopted in its entirety.

Appendix BB is adopted in its entirety.

Appendix C is adopted in its entirety.

Appendix CC is adopted in its entirety.

Appendix D is deleted in its entirety.

Appendix E is deleted in its entirety.

Appendix F is deleted in its entirety.

Appendix G is deleted in its entirety.

Appendix H is deleted in its entirety.

Appendix I is deleted in its entirety.

Appendix J is deleted in its entirety.

Appendix K is deleted in its entirety.

Appendix L is deleted in its entirety.

Appendix M is deleted in its entirety.

Appendix N is deleted in its entirety.

Appendix O is deleted in its entirety.”
SECTION 20: The City Council hereby finds, determines, and declares as follows:

The following findings apply in the City of Stanton and explain why the changes to the Building Standards Code are necessary because of climatic, geological, and/or topographical conditions in the City.

I. Climatic Conditions
A. Stanton is located in a semi-arid, Mediterranean-type climate. It annually experiences extended periods of high temperatures with little or no precipitation.

Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are ORDINANCE NO. 1128
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also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene. Lastly, the warm climate encourages the proliferation of swimming pool construction which makes modifications to the California Building Code related to swimming pools desirable to adequately protect small children from drowning hazards.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the alreadytaxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions
A. The topography of Stanton is generally considered a flatlands area with little to no topographical slopes. The flat land developments however does require special drainage precautions in order to address site drainage to prevent water ponding and flooding, as well as preserve historical water ways.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.

ORDINANCE NO. 1128
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C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.

C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils.

ORDINANCE NO. 1128
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D. Portions of the County contain active or former oil production fields. These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary for implementation of appropriate mitigation.

These local climatic, geologic, and topographic conditions make modifications and changes to the 2022 Edition of the California Codes reasonably necessary to provide sufficient and effective protection of life, health and property. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structures. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

IV. Specific Code Amendment Findings
Amendments to the 2022 Edition of the California Building Code (CBC), California Residential Code (CRC), California Electrical Code (CEC) and California Fire Code (CFC) are found reasonably necessary based on the climatic and/or geologic conditions cited above or administrative and are listed as follows:

CODE SECTION TITLE (Clarification) FINDINGS
CBC 104.8 Liability Administrative
CBC 105.2 Work exempt from a permit Administrative
CBC 105.5 Expiration Administrative
CBC 105.8 Reconstruction Administrative
CBC 113.1 General Administrative
CBC 113.3 Qualifications Administrative
CBC 202 Definitions Administrative
CBC 903.2 Where required I & II
CBC 903.3.5.3 Hydraulically calculated systems I & II
CBC 1505.1.3 Roof coverings within all other areas I
CBC 1803.1.1.1 Geologic or geotechnical reports III
CBC 1807.1.6 Prescriptive design of concrete and masonry foundation walls
III
CBC 3109.1.1 Construction permit; safety features required I CRC R105.5 Expiration Administrative
CRC R105.10 Reconstruction Administrative
CRC Table R301.2(1) Climatic and Geographic Design Criteria I & III CRC R309.6 Fire sprinkler attached garages, and carports with habitable space above
I & II
CRC R313.1 Townhouse automatic fire sprinkler systems I & II CRC R313.2 One- and two-family dwellings automatic fire sprinkler systems
I & II
CRC R313.3.6.2.2 Calculation procedure I & II
ORDINANCE NO. 1128
PAGE 78 OF 81
CRC R902.1 Roof covering materials I
CRC R902.1.3 Roof coverings in all other areas I
CRC R902.2 Fire-retardant-treated shingles and shakes I CRC R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices I CRC R101.13.1 Gas-fueled devices I
CRC R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas
I
CEC 310.16 Continuous Inspection of Aluminum Wiring I
CODE SECTION TITLE (Clarification) FINDINGS
CFC 110.4 Violation penalties Administrative
CFC 110.4.2 Infraction & Misdemeanor Administrative
CFC 202 General definitions Administrative
CFC 304.1.2 OCFA Vegetation Management I
CFC 305.6 Hazardous conditions I & II
CFC 305.7 Disposal of rubbish I & II
CFC 307 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative CFC 307.6.1 Gas-fueled devices I & II
CFC 307.6.2 Devices using wood or fuels other than natural gas or LPG
I & II
CFC 307.6.2.1 Where prohibited I & II
CFC 308.1.6.3 Sky lanterns I & II
CFC 309.2.1 Indoor charging of electric cars Administrative CFC 320 Fuel modification requirements for new construction I CFC 322 Clearance of brush or vegetation growth from roadways I CFC 323 Unusual circumstances Administrative
CFC 324 Use of equipment I
CFC 324.1 Use of equipment and devices generating heat, sparks or open flames
I & II
CFC 324.2 Spark arrestors I & II
CFC 407.5 Hazardous material inventory statement I & II CFC 501.1 Scope Administrative, I, II & III
CFC 510.1 Emergency responder radio coverage Administrative CFC 510.4.2.2 Technical Criteria Administrative
CFC 510.5.1 Approval prior to installation Administrative CFC 510.5.2 Minimum qualification of personnel Administrative CFC 510.5.3 Acceptance test procedure Administrative
CFC 510.6.1 Testing and proof of compliance Administrative CFC 903.2 Where required (Sprinklers) I, II & III
CFC 903.2.8 Group R (Sprinklers) I, II & III
CFC 903.3.5.3 Hydraulically calculated systems I & II
CFC 1201.1.1 Other Systems I
CFC 2801.2 Permit Administrative
CFC 2808.2 Storage site Administrative
CFC 2808.3 Size of piles I
CFC 2808.4 Pile separation I
CFC 2808.7 Pile fire protection I
ORDINANCE NO. 1128
PAGE 79 OF 81
SECTION 21: CEQA. This Ordinance is not a project within the meaning of CEQA Guidelines section 15378 because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Orange in accordance with CEQA Guidelines.

SECTION 22: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

CFC 2808.9 Material-handling equipment I
CFC 2808.11 Temperature control I
CFC 2808.11.1 Pile temperature control I
CODE SECTION TITLE (Clarification) FINDINGS
CFC 2808.11.2 New material temperature control I
CFC 2808.12 Water availability for piles I
CFC 2808.13 Tipping area I
CFC 2808.14 Emergency contact Administrative
CFC 4906.3 OCFA Vegetation Management Guideline I
CFC 4908 Fuel modification requirements for new construction I CFC 5001.5.2 Hazardous materials inventory statement Administrative CFC 5003.1.1.1 Extremely hazardous substances I & III
CFC 5608.2 Retail fireworks Administrative
CFC 5608.3 Application for permit Administrative
CFC 5701.1.1 Mobile Fueling I & II
CFC 5801.1 Scope I & II
Chapter 80 Reference Standards N/A
2016 NFPA 13 (Sprinkler Systems) Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler Systems) I & II 2013 NFPA 14 (Standpipe Systems) Administrative
2016 NFPA 24 (Underground Water Supply Systems) Administrative & III ORDINANCE NO. 1128
PAGE 80 OF 81
SECTION 23: The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the three (3) designated posting places within the City of Stanton within fifteen (15) days after its passage.

PASSED, APPROVED, AND ADOPTED this 14th day of February, 2023.

DAVID J. SHAWVER, MAYOR
ATTEST:

PATRICIA A. VAZQUEZ, CITY CLERK

APPROVED AS TO FORM

HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1128
PAGE 81 OF 81

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1128 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 24th day of January, 2023 and was duly adopted at a regular meeting of the City Council held on the 14th day of February, 2023, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

CITY CLERK, CITY OF STANTON
ORDINANCE NO. 1126
PAGE 1 OF 6
ORDINANCE NO. 1126

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING THE CITY’S PURCHASING ORDINANCE AS SET FORTH IN TITLE 2 OF

THE STANTON MUNICIPAL CODE
WHEREAS, the City has previously adopted Chapter 2.56 providing for procedures and requirements for making purchases of goods and services; and WHEREAS, it has been several years since sections of Chapter 2.56 were updated; and WHEREAS, the City seeks to remove obsolete purchasing guidelines and clarify certain procedures in accordance with Administrative Policy IV-4-12: Purchasing Policy and Procedures; and
WHEREAS, the City has implemented purchasing best practices to facilitate the efficient delivery of quality municipal services, and wishes to memorialize those practices.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: Recitals Incorporated. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2: Section 2.56.010 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety and restated to provide as follows:
“2.56.010 Adoption of purchasing system
In order to establish efficient procedures for the purchase of goods and services, to secure for the city goods and services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure quality of purchases, a purchasing system is hereby adopted. This chapter shall not be applicable to public works contracts governed by the Public Contracts Code.” SECTION 3: Section 2.56.020 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby repealed in its entirety.

SECTION 4: Section 2.56.030 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety and restated to provide as follows:

Item: 8A
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ORDINANCE NO. 1126
PAGE 2 OF 6
“2.56.030 Formal contract procedure
Except as otherwise provided herein, purchases and contracts for goods and non-professional services at a cost greater than the city manager’s signing authority shall be awarded by written contract to the lowest responsible bidder pursuant to a competitive bid, whereby a written notice inviting bids is publicly posted. Purchases for goods and nonprofessional services at a cost equal to or less than the city manager’s signing authority may be conducted pursuant to the procedure described in Section 2.56.040.”
SECTION 5: Section 2.56.040 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety and restated to provide as follows:
“2.56.040 Open market procedure
Purchases of goods and non-professional services at a cost greater than a department director’s signing authority but equal to or less than the city manager’s signing authority may be awarded by the city manager pursuant to an informal bid on the open market, without observing the procedure described by Section 2.56.030. The open market procedure solicits informal bids through any reasonable solicitation method. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder. Purchases for goods and non-professional services at a cost equal to or less than the department director’s signing authority may be conducted pursuant to the procedure described in Section 2.56.042.”
SECTION 6: Section 2.56.042 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby added as follows:
“2.56.042 Over-the-counter purchases
Purchases of goods and non-professional services at a cost equal to or less than a department director’s signing authority may be made by the department director at the lowest possible cost commensurate with the quality needed, without observing the procedures described by Sections

2.56.030 and 2.56.040. Prudent judgment shall be used at all times to ensure that the purchased supplies and services are received in good condition and at a fair price, and the department director is strongly encouraged to obtain competitive quotations.”
SECTION 7: Section 2.56.043 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby added as follows:

ORDINANCE NO. 1126
PAGE 3 OF 6
“2.56.043 Request for proposals
Purchases of professional services at a cost greater than the city manager’s signing authority shall be awarded by written contract to the most qualified proposer pursuant to a formal request for proposals, whereby a written notice inviting proposals is publicly posted. Proposals must be evaluated using the quality-based selection (QBS) process in accordance with Public Law 92-582. Purchases for professional services at a cost equal to or less than the city manager’s signing authority may be conducted pursuant to the procedure described in Section 2.56.120.” SECTION 8: Section 2.56.045 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety and restated to provide as follows:
“2.56.045 Exceptions to formal bidding requirements
The following exceptions are made to the formal bidding requirements set out in Sections 2.56.030, 2.56.040, and 2.56.043 of this code:

A. Best Interests of the City. Except where otherwise prohibited by law, the appropriate purchasing authority may make a contract award without following the required procurement methods, provided that said authority finds the award to be in the best interests of the City or of the public health, safety, and welfare of the community.

B. Serving as a Pass-Through Agency. When the City is a fiscal agent, receiving federal, state, or county funds on behalf of a separate entity.

C. Cooperative Purchasing. When the City develops a contract off of another government agency’s or purchasing cooperative’s competitively bid contract to secure value pricing and/or reduce administrative overhead.

D. Emergency. When a sudden, unexpected occurrence poses a clear and imminent danger, requiring immediate action by the City to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

E. Mandated Expenditures. When expenditures are mandated by law or regulation.

F. Non-Traditional Procurements. When certain goods and services are acquired in a specific manner that meets the “best quality and value” standards outside of the open, competitive market.

ORDINANCE NO. 1126
PAGE 4 OF 6
G. Commodities. When expenditures for commodities that are not readily adaptable to formal bidding requirements.

H. Sole Source. When only one supplier, for reasons of expertise, standardization, quality, compatibility, specifications, or availability, is capable of providing the required product or service.”
SECTION 9: Section 2.56.050 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby repealed in its entirety.

SECTION 10: Section 2.56.060 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety and restated to provide as follows:
“2.56.060 Encumbrance of funds
Except in cases of emergency, the City shall not issue any purchase order or contract for supplies or equipment unless unencumbered appropriations exist in the department against which such purchase is to be charged.”
SECTION 11: Section 2.56.070 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety and restated to provide as follows:
“2.56.070 Inspection and testing
The City shall inspect, or cause to be inspected, supplies and equipment delivered to determine their conformance with the specifications set forth in the order or contract. The City shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries as necessary to determine their quality and conformance with specifications.”
SECTION 12: Section 2.56.080 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby repealed in its entirety.

SECTION 13: Section 2.56.090 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby repealed in its entirety.

SECTION 14: Section 2.56.100 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby repealed in its entirety.

SECTION 15: Section 2.56.110 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby repealed in its entirety.

ORDINANCE NO. 1126
PAGE 5 OF 6
SECTION 16: Section 2.56.120 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety and restated to provide as follows:
“2.56.120 Personal, professional and consulting services—City manager authority to contract.

The city manager is authorized to contract for personal, professional and consulting services when the amount of the contract does not exceed the city manager’s signing authority and unencumbered amounts sufficient to cover the contract cost exist in the department which the expense is to be charged to.”
SECTION 17: Section 2.56.120 of Chapter 2.56 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety and restated to provide as follows:
“2.56.130 Surplus supplies—Trade-ins and sale.

A. The City shall have the authority to negotiate trade-ins on new supplies and equipment for supplies or equipment which cannot be used by any department or which have become unsuitable for city use.

B. Surplus supplies and equipment which cannot be used by any department or which have become unsuitable for city use may be disposed of by auction or sale or otherwise after receiving bids or proposals which, in the determination of the city manager, provide the best and most responsible return to the city.” SECTION 18: Except as modified in this ordinance, the remaining sections of Chapter

2.56 shall remain in full force and effect.

SECTION 19: Effective Date. This ordinance shall take effect 30 days following its adoption.

SECTION 20: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 21: Custodian of Records. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the three (3) designated posting places within the City of Stanton within fifteen (15) days after its passage.

ORDINANCE NO. 1126
PAGE 6 OF 6
PASSED, APPROVED, AND ADOPTED this 24th day of January, 2023.

DAVID J. SHAWVER, MAYOR
ATTEST:

PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS .

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1126 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 10th day of January, 2023 and was duly adopted at a regular meeting of the City Council held on the 24th day of January, 2023, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

CITY CLERK, CITY OF STANTON

CITY OF STANTON

REPORT TO THE

CITY COUNCIL AND STANTON HOUSING AUTHORITY
TO: Honorable Mayor and Members of the City Council and Chairman and Housing Authority Members
DATE: January 24, 2023
SUBJECT: CONSIDERATION OF EXTENSION OF THE EXCLUSIVE

NEGOTIATION AGREEMENT WITH BRANDYWINE ACQUISITIONS

GROUP, C&C DEVELOPMENT COMPANY, AND NATIONAL

COMMUNITY RENAISSANCE OF CALIFORNIA REGARDING THE

TINA-PACIFIC DEVELOPMENT PROJECT
REPORT IN BRIEF:

The City Council and Housing Authority will consider extending the Exclusive Negotiation Agreement (ENA) with Brandywine Acquisitions Group, C&C Development Company, and National Community Renaissance of California for the Tina Pacific Project for an additional 180 days to allow for additional time to negotiate a disposition and development agreement and any other necessary agreements.

RECOMMENDED ACTIONS:

2. Approve extension of the ENA and authorize the City Manager/Executive Director to execute the First Amendment to the ENA.

BACKGROUND:

At its joint meeting of December 14, 2021, the City Council and the Housing Authority Board approved an ENA with Brandywine Acquisitions Group (Brandywine), C&C Development Company (C&C), and National Community Renaissance of California (National Core, and collectively, the “Developers”) for the Tina Pacific Project (Attachment 1). The ENA was for an initial term of 180 days (Attachment 2) and was Item: 8B
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extended an additional 90 days by the City Manager/Executive Director on May 12, 2022 through November 12, 2022 (Attachment 3), and on December 1, 2022 through February 10, 2023 (Attachment 4), as authorized by the ENA.

With the most recent extension set to expire on February 10, 2023, staff is requesting the City Council/Housing Authority Board approve a final extension of 180 days to allow for the completion of project negotiations and presentation of a finalized draft of the DDA and Purchase and Sale Agreement to the Council.

ANALYSIS AND JUSTIFICATION:

Since the execution of the original ENA, the Developers and City staff have worked diligently to advance the project. Should the requested 180-day extension be approved, the Developers and City staff will work to finalize the following deliverables:
• Time schedule and cost estimates for the development of each housing development.
• Financing plan for all private and public improvements proposed for each housing development.
• A preliminary financial analysis and market study, including a comprehensive cost-benefit analysis to the City.
• Preliminary/conceptual project plans, including site, floor, landscape, and elevation plans.
• All required development applications, including any General Plan amendments (including zoning changes), specific plan amendments, conditional use permits, and other project-specific entitlements.
• (For the multifamily housing development) List of potential users or tenants and anticipated lease rate for the multifamily units to be developed. • (For the townhome housing development) Anticipated sales prices for the townhomes to be developed.
• (For the multifamily housing development) Plan to provide asset management services upon sale of the Property.

FISCAL IMPACT:

Pursuant to the proposed First Amendment to the ENA, the City shall receive from each of the Developers ten thousand dollars ($10,000) in immediately available funds as initial deposits to defray certain costs of the City in pursuing the contemplated negotiations with the Developers during the negotiation period.

The City has no obligation to pay or reimburse the Developers for any costs or expenses incurred as a result of the ENA, the preparation and submittal of the development plan, the negotiation of a DDA or other agreements, the retention of any consultant, or the development of the Property or any other matter concerning the Property, regardless of the outcome of the negotiating period.

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:

The City Attorney has prepared the attached First Amendment to ENA and approved it as to form.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. 3:Provide a quality infrastructure.

Obj. 5:Provide a high quality of life.

Obj. 6:Maintain and promote a responsive, high-quality, and transparent government.

Prepared by: Hannah Shin-Heydorn, City Manager
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. December 14, 2021 Staff Report
B. Original ENA
C. ENA First Extension
D. ENA Second Extension
E. First Amendment to ENA
1 CITY OF STANTON

JOINT REPORT TO THE CITY COUNCIL AND

HOUSING AUTHORITY
TO: Honorable Mayor and City Council and Housing Authority Board of Directors DATE: December 14, 2021
SUBJECT: CONSIDERATION OF EXCLUSIVE NEGOTIATION AGREEMENT WITH

BRANDYWINE HOMES, C&C DEVELOPMENT, AND NATIONAL CORE

REGARDING THE TINA-PACIFIC DEVELOPMENT PROJECT
REPORT IN BRIEF:

Consideration of an Exclusive Negotiation Agreement by and between the City of Stanton and Brandywine Homes, C&C Development, and National Core to provide an exclusive negotiation period to attempt to negotiate a disposition and development agreement and other necessary agreements.

RECOMMENDED ACTION:

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

2. Approve an Exclusive Negotiation Agreement (ENA) with Brandywine Acquisitions Group, C&C Development Co., and National Community Renaissance of California regarding the Tina-Pacific Neighborhood (APN 126-481-01 through 29 and APN 126- 482-05 through 15); and

3. Authorize the City Manager to execute the Exclusive Negotiating Agreement.

BACKGROUND:

The Tina Pacific Neighborhood is generally located in the northeast quadrant of the City, at the intersection of Magnolia and Pacific Aves. More specifically, the project site is bounded by Magnolia Ave. to the east, Sherrill St. to the west, an alleyway south of Pacific Ave. to the south, and Tina Way to the north. The project site is approximately 10.27 acres, and includes 40 parcels, along with portions of two public streets and two public alleyways. The existing zoning and general plan designations are RH (High Density Residential) and High Density Residential, respectively. The neighborhood has long been in a deteriorated, blighted state. Since 2009, the Stanton Housing Authority has acquired 31 out of the 40 parcels, with the remaining nine parcels still privately owned.

Attachment: A
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2 Assembly Bill 1486 (Surplus Land Act) (the “Act”), which was signed by the Governor in October 2019 and took effect January 1, 2020, amended the process governing the disposition of surplus land. The focus of the Act is to incentivize the creation of housing and/or parks on both State- and City- owned surplus property. At its regular October 27, 2020 meeting, City Council declared its 31-parcel Tina-Pacific Neighborhood property (Property) as surplus. On November 18, 2020, pursuant to State law, staff issued a Notice of Availability (NOA) to both the State Housing and Community Development Department (HCD) and all housing developers entitled to notice under the Act. The NOA included information about the Property, development standards, and the City’s goals and vision for the development.

After a 90-day good-faith negotiation period with those prospective developers who submitted a notice of interest in response to the NOA, the City requested the best and final proposal from two development teams. At the conclusion of the August 24, 2021 study session, City Council directed staff to negotiate with Brandywine Acquisitions Group (Brandywine), C&C Development Co. (C&C), and National Community Renaissance of California (National Core, and collectively, the “Developers”) towards a Disposition and Development Agreement (DDA) regarding the Tina-Pacific Neighborhood.

Upon further negotiation and discussion, City staff and the Developers have reached mutually agreeable terms for an Exclusive Negotiation Agreement (ENA) that will establish a one-hundred-and-eighty (180) day period to negotiate regarding one or more future agreements between the City and the Developers governing the potential acquisition of the Property by the Developers and development of new housing in the Tina-Pacific Neighborhood. Following the conclusion of any ENA term, and regardless of the outcome, Staff will submit to HCD the Post-Negotiation Notice and Proposed Disposition Summary, pursuant to the Act, in order to obtain HCD’s confirmation that the City has fully complied with the Act and may dispose of the property in any manner it sees fit.

ANALYSIS/JUSTIFICATION:

The Developers submitted a two-part development proposal, with Brandywine proposing a minimum of 116 market-rate ownership townhomes and C&C and National Core proposing a minimum of 108 affordable multi-family rental apartments. Altogether, this proposal comfortably meets the 25% affordable housing development minimum established in Section 54222.5 of the Act. Based on the proposal, the City and the Developers have come to a tentative agreement. Some of the major terms that the parties have reached a tentative agreement on, subject to future negotiation, include:
• The purchase price for sale of the entire Property to Brandywine shall be $22,000,000 – to be paid as follows: (A) $17,500,000 in immediately available funds, and (B) sales proceeds from Brandywine’s sale of the Multifamily Site to the Multifamily Developers, which is anticipated to be paid through a $4,500,000 land loan from the City to the Multifamily Developers, to be repaid by the Multifamily 3 Developers over the course of 55 years.
• The City’s share of the acquisition and relocation cost for the Property shall be limited to $17,500,000, and C&C and National Core will be incentivized to secure additional grant funding for the multifamily housing development. • The Developers shall submit a proposed plan to relocate existing tenants and occupants in compliance with the California Relocation Assistance Act (Government Code section 7260 et seq.).
• The Developers shall construct, to the extent economically feasible, amenities for shared use by both housing developments, market-rate and affordable. • C&C and National Core shall obtain LEED Platinum certification for the multifamily housing development.
• C&C and National Core will execute a Regulatory Agreement that restricts the multifamily site for affordable housing for fifty-five (55) years.

The ENA identifies the following deliverables to be completed and officially proposed by the Developers:
• Time schedule and cost estimates for the development of each housing development.
• Financing plan for all private and public improvements proposed for each housing development.
• A preliminary financial analysis and market study, including a comprehensive costbenefit analysis to the City. • Preliminary/conceptual project plans, including site, floor, landscape, and elevation plans.
• All required development applications, including any General Plan amendments (including zoning changes), specific plan amendments, conditional use permits, and other project-specific entitlements.
• (For the multifamily housing development) List of potential users or tenants and anticipated lease rate for the multifamily units to be developed. • (For the townhome housing development) Anticipated sales prices for the townhomes to be developed.
• (For the multifamily housing development) Plan to provide asset management services upon sale of the Property.

Upon mutual written agreement of the City Manager and all Developers, the ENA may be extended for an additional ninety days, up to a maximum of two consecutive extensions.

FISCAL IMPACT:

Pursuant to the ENA, the City shall receive from each of the Developers twenty-five thousand dollars ($25,000) in immediately available funds as initial deposits to defray certain costs of the City in pursuing the contemplated negotiations with the Developers during the negotiating period. At the termination of the ENA, any remaining funds shall either be applied to the purchase price or returned to the Developers. The City will retain one hundred dollars ($100) from each initial deposit as non-refundable compensation for 4 negotiating exclusively with the Developers. For each extension of the negotiating period, the City shall receive from each of the Developers five thousand dollars ($5,000) in immediately available funds as additional deposits to defray certain costs of the City in pursuing the contemplated negotiations with the developers during the extended negotiating period.

ENVIRONMENTAL IMPACT:

LEGAL REVIEW:

The City Attorney has reviewed the attached Exclusive Negotiation Agreement and approved it as to form.

STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:

3. Provide a quality infrastructure.

5. Provide a high quality of life.

6. Maintain and promote a responsive, high-quality, and transparent government.

PUBLIC NOTIFICATION:

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

Prepared By: Approved as to Form By:
/s/ Jason Huynh
__________________________
/s/ HongDao Nguyen
__________________________
Jason Huynh
Management Analyst
HongDao Nguyen
City Attorney
5 Approved By:
/s/ Jarad L. Hildenbrand
__________________________
Jarad L. Hildenbrand
City Manager
Attachment(s):

A. Exclusive Negotiation Agreement

THE CITY OF ST ANTON

EXCLUSIVE NEGOTIATION AGREEMENT
(Tina Pacific)
THIS EXCLUSIVE NEGOTIATION AGREEMENT ("Agreement") is dated as of �1emkl1/, 2021, for reference purposes only, and is entered into by and between the City of Stanton, a California municipal corporation ("City"), on the one hand; and Brandywine Acquisitions Group, a California limited liability company ("Brandywine"), C&C Development Co., a California Limited Liability Company ("C&C"), and National Community Renaissance of California, a California nonprofit public benefit corporation ("National Core"), on the other hand, to provide a specified period of time to attempt to negotiate a disposition and development agreement. C&C and National Core are sometimes collectively referred to herein as the "Multifamily Developers," and C&C, National Core and Brandywine are sometimes collectively referred to herein as the "Developers." The City and the Developers are sometimes referred to in this Agreement, individually, as a "Party" and, collectively, as the "Parties." This Agreement is entered into by the Parties with reference to the following recited facts (each, a "Recital"):

RECITALS
A. The City is the owner of that approximately 10 acres of real property located in the Tina Pacific neighborhood of the City (APN 126-481-01 through 29 and 126-126- 482-05 through 15), including portions of Tina Way and Pacific Avenue, more specifically described in Exhibit A ("Property"); and
B. The City has an interest in developing the Property, and Developers submitted the following two-part development proposal through the procedure set forth in the Surplus Land Act (Government Code section 54220 et seq.) (the "Surplus Land Act"); and
C. Brandywine has proposed the redevelopment of a portion of the Property (the "Townhome Site") with a minimum of 116 market rate ownership townhomes, as generally depicted in the conceptual site plan attached to this Agreement as Exhibit B and incorporated into this Agreement by this reference (the "Townhome Housing Development"); and
D. The Multifamily Developers have proposed the redevelopment of a portion of the Property (the "Multifamily Site") with a minimum of 108 affordable multi-family rental apartments, as generally depicted in the conceptual site plan attached to this Agreement as Exhibit C and incorporated into this Agreement by this reference (the "Multifamily Housing Development" and together with the Townhome Housing Development, the "Housing Developments"); and
E. The intent of the City and the Developers in entering into this Agreement is to establish a specific, limited period of time to negotiate regarding one or more future agreements between the City and the Developers governing the potential acquisition of 55414.0070 I \34349345.7
Attachment: B
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the Property by the Developers and development of the Townhome Housing Development by Brandywine on the Townhome Site and development of the Multifamily Housing Development by the Multifamily Developers on the Multifamily Site, all subject to mutually agreeable terms, conditions, covenants, restrictions and agreements to be negotiated and documented in a future disposition and development agreement (the "ODA") and such other agreements as the parties determine; and F. The Parties all intend that, under the ODA and other agreements, 45% of the units produced by the Housing Developments on the Property will be affordable housing units, which number will exceed the requirements of the Surplus Land Act, but the Multifamily Developers would not have any obligations with respect to the Townhome Housing Development or acquire any interest in the Townhome Site, and Brandywine would not have any obligations with respect to the Multifamily Housing Development or retain any interest in the Multifamily Site (the Townhome Site and Multifamily Site are collectively referred to herein as the "Sites").

NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY

RELATING TO THE SALE AND DEVELOPMENT OF THE SITES AND THE PROMISES

OF THE CITY AND THE DEVELOPERS SET FORTH IN THIS AGREEMENT, THE CITY AND THE DEVELOPERS AGREE, AS FOLLOWS:

1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference.

2. Deposits.
(a) Concurrent with the Developer's execution of this Agreement, Brandywine and the Multifamily Developers shall each provide to the City a deposit in the amount of Twenty-Five Thousand Dollars ($25,000) in immediately available funds (the "Initial Deposits") to ensure that each Developer will proceed diligently and in good faith to fulfill their respective obligations under this Agreement during the Negotiation Period (as defined in Section 3(a)), as part of the consideration for the City's agreement not to negotiate with other persons during the Negotiation Period, and to defray certain costs of the City in pursuing the contemplated negotiations with the Developers during the Negotiation Period, pursuant to this Agreement. The City shall charge all reasonable outof-pocket third-party costs (including consultant fees and attorneys' fees associated with review and implementation of this Agreement or preparing the DOA and other agreements) against the Initial Deposits (and Extension Deposits pursuant to Section 2(b) below, as applicable). At the termination of this Agreement, any remaining funds shall, at each Developer's option, either be applied to the purchase price or returned to the applicable Developer. The Developers acknowledge that the Initial Deposits (and any Extension Deposits, pursuant to Section 2(b) below) shall be in addition to those fees and expenses required by the City for any permit, other required entitlement or Housing Developments processing. A portion of each Initial Deposit in an amount equal to One Hundred Dollars ($100) shall immediately become non-refundable upon each Developer's transfer of their respective Initial Deposit to the City under this Agreement as 55414.00701 \34349345.7
consideration for the City's agreement not to negotiate with other persons during the Negotiation Period.
(b) Upon each extension of the Negotiation Period occurring pursuant to the provisions of Section 3(b), if any, the Developers shall provide to the City an additional deposit of Five Thousand Dollars ($5,000) in immediately available funds on the first day of any extension of the Negotiation Period occurring pursuant to the provisions of Section 3(b) (each, an "Extension Deposit"). Each Extension Deposit is intended to ensure that the Developers will proceed diligently and in good faith to fulfill their obligations under this Agreement during any extension of the Negotiation Period, as part of the consideration for the City's agreement not to negotiate with other persons during any such extension of the Negotiation Period, and to defray certain costs of the City in pursuing the contemplated negotiations with the Developers during any such extension of the Negotiation Period, pursuant to this Agreement. Al the termination of this Agreement, any remaining funds from an Extension Deposit shall be refundable to the applicable Developer as provided in Section 2(a), above.

3. Term of Agreement.
(a) The rights and duties of the City and the Developers established by this Agreement shall commence on the first date on which all of the following have occurred (the "Effective Date"): (1) payment of the Initial Deposits to the City by the Developers, in accordance with Section 2(a); and (2) delivery of a City Council-approved fully executed version of this Agreement to the Developers, the exact date of which shall be mutually agreed to by the Parties promptly after the Developers' receipt of the fully executed Agreement from the City as evidenced in writing signed by their respective authorized representatives. The City shall deliver a fully executed counterpart original of this Agreement to the Developers within ten (10) calendar days following the City Council's approval of this Agreement, if approved, and the execution of this Agreement by the authorized representative(s) of the City. This Agreement shall continue in effect for a period of One Hundred Eighty (180) consecutive calendar days immediately following the Effective Date ("Negotiation Period"), subject to the limitations of Section 3(b). (b) The Negotiation Period may be extended upon the mutual written agreement of the City's City Manager and all Developers for no more than two (2) additional consecutive Ninety (90) calendar day periods. Notwithstanding the immediately preceding sentence or any other part of this Agreement, in no event shall the Negotiation Period exceed Three Hundred Sixty (360) consecutive calendar days from the Effective Date.
(c) This Agreement shall automatically expire and be of no further force or effect at the end of the Negotiation Period, unless, prior to that time, both the City and the Developers approve and execute a DOA acceptable to both the City and the Developers, in their respective sole and absolute discretion, in which case this Agreement will terminate on the effective date of such DOA.
554 l 4.00701\34349345.7

4. Obligations of Developers. During the Negotiation Period, and pursuant to the attached Milestone Schedule (Exhibit D), Developers shall proceed diligently and in good faith to develop and present to City staff and, subsequently, to the City Council, for review, all of the following, with respect to such Developer's proposed Housing Development:
(a) A proposed complete conceptual development plan for such Developer's Housing Development on the applicable Site that describes and depicts: (1) the location and placement of proposed buildings; and (2) the architecture and elevations of the proposed buildings;
(b) Proposed zoning change or changes to the City's General Plan, if any, necessary to accommodate such Developer's Housing Development on the applicable Site;
(c) For the Multifamily Housing Development, a list of potential users or tenants and anticipated lease rates for the multifamily units, as developed in the Multifamily Housing Development;
(d) For the Townhome Housing Development, anticipated sales prices for the townhomes to be developed in the Town home Housing Development; (e) A proposed plan for the Multifamily Developers to provide asset management services to supervise the current management company that manages the units currently owned by the City I Housing Authority, to commence upon the sale of the Property;
(I) A proposed plan to relocate existing tenants and occupants in compliance with the California Relocation Assistance Act (Government Code section 7260 et seq.);
(g) A proposed time schedule and cost estimates for the development of each Housing Development;
(h) A proposed financing plan identifying financing sources for all private and public improvements proposed for each Housing Development; and (i) A preliminary financial analysis demonstrating the costs and benefits to the City regarding all construction, maintenance and operations of all proposed public improvements, the costs of additional or increased levels of public services and any new public revenues anticipated to be generated by each Housing Development.

5. Negotiation of ODA.
(a) During the Negotiation Period, the City and each Developer shall proceed diligently and in good faith to negotiate a ODA or other agreement for its Housing Development. The City and each Developer shall generally cooperate with each other and supply such available documents and information as may be reasonably requested 55414.00701 \34349345.7
by the other to facilitate the conduct of the negotiations. The City and the Developers shall exercise commercially reasonable efforts to complete discussions relating to the terms and conditions of the DOA and other agreements, and such other matters, as may be mutually acceptable to both the City and the Developers, in their respective sole discretion. The exact terms and conditions of the DOA and other agreements, if any, shall be determined during the course of these negotiations. Nothing in this Agreement shall be interpreted or construed to be a representation or agreement by either the City or any Developer that a mutually acceptable ODA or other agreement will be produced from negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to agree to a definitive ODA or other agreement in the future. Nothing in this Agreement shall be interpreted or construed to be a guaranty, warranty or representation that any proposed DOA or other agreement that may be negotiated by City staff and any Developer will be approved by the City's governing body. The Developers acknowledge and agree that the City's consideration of any ODA or other agreement is subject to the sole and absolute discretion of the City Council and all legally required public hearings, public meetings, notices, factual findings and other determinations required by law, including, without limitation, all required environmental review. (b) Based upon Developers' proposals, the Parties have come to a tentative agreement on the following terms, subject to future negotiation during the Negotiation Period:
(i) Each Developer shall assist the City in developing and implementing plans to relocate existing tenants and residents on the applicable Site; (ii) Each Developer shall pursue and obtain entitlements for its respective Housing Development prior to the close of escrow; (iii) To the extent feasible and legal, the City agrees to expedite the processing of the entitlements including CEQA;
(iv) The City accepts the density, product and design presented to City Council on August 24, 2021, with the modifications requested by the City Council, including, without limitation, an agreement between Brandywine (as developer of the Townhome Housing Development) and the Multifamily Developers to construct, to the extent economically feasible, amenities for shared use by residents of both Housing Developments;
(v) The City shall, to the best of its ability, provide the following types of reports and studies prepared for the Property within the past five (5) years:
appraisals or other valuation reports; and environmental reports and studies, without representations regarding such materials;
(vi) The purchase price for sale of the entire Property to Brandywine shall be $22,000,000- to be paid as follows: (A) $17,500,000 in immediately available funds, and (B) sales proceeds from Brandywine's sale of the Multifamily Site to the Multifamily Developers, which is anticipated to be paid through a $4,500,000 land loan 55414.00701 \34349345.7
from the City to the Multifamily Developers, to be repaid by the Multifamily Developers over the course of 55 years (the "Land Loan");
(vii) The City will sell the entire Property to Brandywine, and Brandywine will simultaneously close with the Multifamily Developers for the Multifamily Site;
(viii) At closing, the Multifamily Developers will sign a promissory note for $4,500,000 in favor of the City (the "Multifamily Note"), the City will record a deed of trust against the Multifamily Site (the "Multifamily Deed of Trust" and together with the Multifamily Note and any other documents executed by the Parties in connection with the Land Loan, the "Land Loan Documents"), and the Multifamily Developers will execute a Regulatory Agreement that restricts the Multifamily Site for affordable housing for 55 years (the "Regulatory Agreement");
(ix) The City will not provide any financial assistance of any kind to Brandywine in connection with the Townhome Housing Development and conveyance of the Property;
(x) The City's share of the acquisition and relocation cost for the Property shall be limited to $17,500,000. The Parties shall create a mechanism to incentivize the Multifamily Developers to bring in additional grant funding for the Multifamily Housing Development;
(xi) City will hold hearings and take all required steps to consider the use of eminent domain to acquire privately owned portions of each Site, so that such process could be complete within 18 months of the Effective Date; (xii) If the Multifamily Housing Development is not completed by a dale certain (to be negotiated by the Parties), the Multifamily Note shall be cancelled and title to the Multifamily Site will revert to the City;
(xiii) The City shall, pursuant to section 54230.5(b)(1) of the Surplus Land Act, provide all required notices to the State Department of Housing and Community Development ("HCD") to demonstrate that the City has complied with the Surplus Land Act if, prior to the end of the Negotiation Period, the Parties have finalized a DOA, including any regulatory agreement to be recorded on either Site; (xiv) The Multifamily Developers shall obtain LEED Platinum certification of the Multifamily Housing Development;
(xv) The City will hold hearings and lake all required steps to consider the vacation of portions of Tina Way, Pacific Avenue and alleys, in the City's discretion, as necessary to accommodate the proposed development. Vacated land acquired by the City after the close of escrow for the Property would be provided to the Multifamily Developers at no fee cost to the Multifamily Developers. City will waive all application and permit fees associated with such vacation of land to be included in the 55414.00701 \34349345.7
Multifamily Site; however, the Multifamily Developers shall bear the cost of any relocation of utilities (sewer, water, gas, electric) necessary due to the vacation; and (xvi) The City will process, at its expense, the environmental review for the Housing Developments. Notwithstanding the foregoing, the City retains the absolute sole discretion to (i) modify each transaction, create and enter into transactional documents, and modify each Housing Development as may, in its sole discretion, be necessary to comply with CEQA, (ii) select other feasible alternatives to avoid significant environmental impacts, (iii) balance the benefits of each Housing Development against any significant environmental impacts prior to taking final action if such significant impacts cannot otherwise be avoided, and/or (iv) determine not to proceed with each Housing Development. No legal obligations will exist unless and until the Parties have negotiated, executed and delivered mutually acceptable agreements based upon information produced from the CEQA environmental review process and on other public review and hearing processes, subject to all applicable governmental approvals.

6. Restrictions Against Change in Ownership, Management and Control of Developer and Assignment of Agreement.
(a) The qualifications and identity of each of the Developers and their respective principals are of particular concern to the City. It is because of these qualifications and identity that the City has entered into this Agreement with the Developers. During the Negotiation Period, no voluntary or involuntary successor-ininterest of the Developers shall acquire any rights or powers under this Agreement, except as provided in Section 6(c).
(b) Each Developer shall promptly notify the City in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in Control (as defined in Section 6(d)) of such Developer, as well as any and all changes in the interest or the degree of Control of such Developer by any such person, of which information such Developer or any of its shareholders, partners, members, directors, managers or officers are notified or may otherwise have knowledge or information. Upon the occurrence of any significant or material change, whether voluntary or involuntary, in ownership, management or Control of a Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the City, prior to the time of such change, the City may terminate this Agreement as to that Developer, without liability to such Developer or any other person and refund any remaining deposit funds provided by such Developer to the pursuant to Section 2(a), above, by sending written notice of termination to such Developer, referencing this Section 6(b).
(c) Each Developer may assign its rights under this Agreement to an Affiliate (as defined in Section 6(d)), on the condition that such Affiliate expressly assumes all of the obligations of such Developer under this Agreement in a writing reasonably satisfactory to the City, and further provided that the original Developer party shall, at all times, Control any such respective Affiliate and be responsible and obligated directly to the City for performance of such Developer's obligations under this Agreement. 554 l 4.00701134349345.7
(d) For the purposes of this Agreement, the term "Affiliate" means any person, directly or indirectly, controlling or controlled by or under common control with the applicable Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise. For the purposes of this agreement, "Control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether by ownership of equity interests, by contract, or otherwise.

7. Obligations to Review Draft Agreements and Attend Meetings. (a) During the Negotiation Period, each Party shall diligently review and comment on draft versions of the ODA and other agreements which are provided by the other Party and, if the terms and conditions of such ODA and other agreements are agreed upon between City staff and the Developers, the Developers shall submit the ODA and other agreements, executed by the authorized representative(s) of each Developer which is party to such document, to the City Manager for submission to the City Council for review and approval or disapproval. Any future ODA and other agreements shall consist of terms and conditions acceptable to both the applicable Developer and the City Council, in their respective sole and absolute discretion. (b) During the Negotiation Period, each Developer shall also keep City staff advised on the progress of such Developer in performing its obligations under this Agreement, on a regular basis or as requested by City staff, including, without limitation, having one or more of such Developer's employees or consultants who are knowledgeable regarding this Agreement, the design and planning of the Housing Developments and the progress of negotiation of a ODA and other agreements, such that such person(s) can meaningfully respond to City and/or City staff questions regarding the progress of the design and planning of the Housing Developments or the negotiation of a ODA and other agreements, attend both: (1) periodic meetings with City staff, as reasonably scheduled and requested by City staff during the Negotiation Period, and (2) meetings of the City Council or other City commission, when reasonably requested to do so by City staff.

8. Developers to Pay All Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by the Developers for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to a Site or the Housing Developments or negotiation of a ODA or other agreement that may be undertaken by such Developer during the Negotiation Period, pursuant to or in reliance upon this Agreement or in the Developer's discretion, regarding any matter relating to a ODA or other agreement, a Site or the Housing Developments, shall be the sole responsibility of and undertaken at the sole cost and expense of the applicable Developer and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the City.

Each Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City and/or the City of any and all applications and other documents and information to be submitted to the City and/or the City by such Developer pursuant to this Agreement or 55414.00701 \34349345.7
otherwise associated with the Developer's Housing Development. The City shall not be obligated to pay or reimburse any expenses, fees, charges or costs incurred by the Developers in pursuit of any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Sites or the Housing Developments or negotiation of any DDA or other agreement that may be undertaken by the Developers during the Negotiation Period, whether or not this Agreement is, eventually, terminated or extended or any DDA or other agreement is entered into between the City and the Developers, in the future.

9. City Not to Negotiate With Others. During the Negotiation Period, the City and City staff shall not negotiate with any other person regarding the sale or redevelopment of the Sites. The term "negotiate," as used in this Agreement, means and refers to engaging in any discussions with a person other than the Developers, regardless of how initiated, with respect to the availability of the Sites or that person's redevelopment of the Sites, without the Developers' prior written consent. Developers acknowledge that City may receive and retain unsolicited offers regarding redevelopment of the Sites, but shall not entertain any offer or negotiate with the proponent of any such offer during the Negotiation Period; provided, however, that the City may notify such proponent that it is a party to this Agreement. Developers acknowledge that the City is a public agency and subject to the provisions of the California Public Records Act, Government Code Section 6254, et. seq. (the "PRA"). The City shall use its best efforts to inform Developers of any request for information received pursuant to the PRA with respect to their proposed Housing Developments. If any Developer believes the information requested is confidential, such Developer may pursuant a court order preventing the release of the requested information.

10. Acknowledgments and Reservations.
(a) The City and the Developers agree that, if this Agreement expires or is terminated for any reason, or any future DDA or other agreement is not approved and executed by both the City and the applicable Developers, for any reason, neither the City nor the Developers shall be under any obligation, nor have any liability to each other or any other person regarding the sale or other disposition of the Sites or the redevelopment of the Housing Developments or the Sites; provided, however, that in the event this Agreement terminates, the City shall return to the Developers within ten (10) business days of such termination any and all deposits due to be refunded pursuant to Section 2(a) of this Agreement.
(b) The Developers acknowledge and agree that no provision of this Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer or proposal from the Developers for the City to convey any estate or interest in the Sites to the Developers or for the City to provide any financial or other assistance to the Developers for redevelopment of the Housing Developments or the Sites. 55414.00701134349345.7
(c) The Developers acknowledge and agree that the Developers have not acquired, nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or personal property from the City. (d) Certain development standards and design controls for the Housing Developments may be established between the Developers and the City, but it is understood and agreed between the City and the Developers that the Housing Developments and the redevelopment of the Sites must conform to all City and other applicable governmental development, land use, and architectural regulations and standards. Drawings, plans and specifications for the Housing Developments shall be subject to the approval of the City through the standard development application process for Housing Developments of this nature. Nothing in this Agreement shall be considered approval of any plans or specifications for the Housing Developments or of the Housing Developments themselves by the City.
(e) The City reserves the right to reasonably obtain further available information and data to ascertain the ability and capacity of the Developers to acquire or lease, develop and operate the Sites and/or the Housing Developments. The Developers acknowledge that they may be requested to make certain financial disclosures to the City, its staff, legal counsel or other consultants, as part of the financial due diligence investigations of the City relating to the potential sale of the Sites and redevelopment of the Housing Developments on the Sites by the Developers and that any such disclosures may become public records. The City shall maintain the confidentiality of financial information of the Developers to the extent allowed by law, as determined by the City Attorney.

I I. Nondiscrimination. The Developers shall not discriminate against nor segregate any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry in undertaking their obligations under this Agreement.

12. Limitation on Damages and Remedies.
(a) THE DEVELOPERS AND THE CITY ACKNOWLEDGE THAT IT IS

EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF

DAMAGES THAT WOULD BE SUFFERED BY THE DEVELOPERS UPON THE BREACH OF THIS AGREEMENT BY THE CITY. HAVING MADE DILIGENT BUT

UNSUCCESSFUL ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE

DEVELOPERS WOULD SUFFER UPON THE BREACH OF THIS AGREEMENT BY THE

CITY, THE DEVELOPERS AND THE CITY AGREE THAT A REASONABLE ESTIMATE OF EACH OF BRANDYWINE'S AND THE MUL Tl FAMILY DEVELOPERS' DAMAGES IN SUCH EVENT IS FIVE THOUSAND DOLLARS ($5,000) (THE "LIQUIDATED DAMAGES AMOUNT"). THEREFORE, UPON THE BREACH OF THIS AGREEMENT BY THE CITY,

THE CITY SHALL PAY THE LIQUIDATED DAMAGES AMOUNT TO THE APPLICABLE DEVELOPER(S) AND THIS AGREEMENT SHALL TERMINATE. RECEIPT OF THE

LIQUIDATED DAMAGES AMOUNT SHALL BE EACH DEVELOPER'S SOLE AND 55414.00701\34349345.7

EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE CITY.

Initials of Authorized
Representative of City
Initials of Authorized
Representative of Brandywine
Initials of Authorized Initials of Authorized
Representative of National Core Representative of C&C
(b) THE CITY AND EACH DEVELOPER EACH ACKNOWLEDGE AND

AGREE THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT IF

IT WERE TO BE LIABLE TO THE DEVELOPERS FOR ANY MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION .OF THIS AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT.

ACCORDINGLY, THE CITY AND THE DEVELOPERS AGREE THAT EACH

DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH

OF THIS AGREEMENT BY THE CITY IS TO TERMINATE THIS AGREEMENT AND RECEIVE THE LIQUIDATED DAMAGES AMOUNT.
(c) EACH DEVELOPER ACKNOWLEDGES THAT IT IS AWARE OF
THE MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE

TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY

HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
(d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING,

IT IS THE INTENTION OF EACH DEVELOPER TO BE BOUND BY THE LIMITATION ON DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND

EACH DEVELOPER HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE CITY

FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR

EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT, EXCEPT

RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT, WHETHER OR NOT ANY SUCH

RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. EACH DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL

OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL)

OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND

REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 12.
55414 00701\34349345.7

EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE CITY.

AGREE THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT IF

IT WERE TO BE LIABLE TO THE DEVELOPERS FOR ANY MONETARY DAMAGES,

MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT.

ACCORDINGLY, THE CITY AND THE DEVELOPERS AGREE THAT EACH

DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE

TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY

HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
(d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING,

IT IS THE INTENTION OF EACH DEVELOPER TO BE BOUND BY THE LIMITATION ON DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND

EACH DEVELOPER HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE CITY

FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR

EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT, EXCEPT

RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT, WHETHER OR NOT ANY SUCH

RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. EACH DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL

OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL)

OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND

REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 12.
55414.00701 \34349345.7

EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE CITY.

Initials of Authorized
Representative of ty
Initials of Authorized
Representative of Brandywine
Initials of uthorized Initials of Authorized
Representative of National Core Representative of C&C
(b) THE CITY AND EACH DEVELOPER EACH ACKNOWLEDGE AND

AGREE THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT IF

IT WERE TO BE LIABLE TO THE DEVELOPERS FOR ANY MONETARY DAMAGES,

MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT.

ACCORDINGLY, THE CITY AND THE DEVELOPERS AGREE THAT EACH

DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE

TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY

HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
(d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING,

IT IS THE INTENTION OF EACH DEVELOPER TO BE BOUND BY THE LIMITATION ON DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND

EACH DEVELOPER HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE CITY

FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR

EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT, EXCEPT

RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT, WHETHER OR NOT ANY SUCH

RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. EACH DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL

OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL)

OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND

REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 12.
55414.00701\34349345. 7

EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE CITY.

Initials of Authorized
Representative of City
Initials of Authorized
Rep�z
of Brandywine
Initials of Authorized Initials of Authorized
Representative of National Core Representative of C&C
(b) THE CITY AND EACH DEVELOPER EACH ACKNOWLEDGE AND

AGREE THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT IF

IT WERE TO BE LIABLE TO THE DEVELOPERS FOR ANY MONETARY DAMAGES,

MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT.

ACCORDINGLY, THE CITY AND THE DEVELOPERS AGREE THAT EACH

DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE

TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY

HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
(d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING,

IT IS THE INTENTION OF EACH DEVELOPER TO BE BOUND BY THE LIMITATION ON DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND

EACH DEVELOPER HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE CITY

FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR

EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT, EXCEPT

RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT, WHETHER OR NOT ANY SUCH

RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. EACH DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL

OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL)

OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND

REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 12.
55414.00701134349345.7
Initials of Authorized
Representative of City
Initials of Authorized
Representative of National Core

13. Default.

Initials of Authorized
Representative of Developer
Initials of Authorized
Representative of C&C
(a) Failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement. If the Party who receives a notice of a default from the other Party cures, corrects or remedies the alleged default within fifteen (15) calendar days after receipt of written notice by the other Party specifying such default, such Party shall not be in default under this Agreement.

The notice and cure period provided in the immediately preceding sentence shall not, under any circumstances, extend the Negotiation Period. If there are less than fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant to this Section 13(a) shall be automatically reduced to the number of days remaining in the Negotiation Period.
(b) The Party claiming that a default has occurred shall give written notice of default to the Party claimed to be in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. However, the injured Party shall have no right to exercise any remedy for a default under this Agreement, without first delivering written notice of the default and allowing the applicable period to cure any such default as set forth in Section 13(a). (c) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
(d) If a default of either Party remains uncured for more than fifteen (15) calendar days following receipt of written notice of such default, a "breach" of this Agreement by the defaulting Party shall be deemed to have occurred. In the event of a breach of this Agreement, the sole and exclusive remedy of the Party who is not in default shall be to terminate this Agreement by serving written notice of termination on the Party in breach and, in the case of a breach by the City, the Developer shall also be entitled to receive the Liquidated Damages Amount.

14. Compliance with Law. Each Developer acknowledges that, pursuant to section 54230.5(b)(1) of the Surplus Land Act, prior to execution of any future ODA or other agreement, the City must obtain approval from HCD. Further, any future ODA or other agreements, if approved by the City Council, will require such Developer (among other things) to carry out the development of the Housing Developments in conformity 55414.00701\34349345.7
Initials of Authorized
Representative of City
Initials of Authorized
Representative of National Core

13. Def au It.

Initials of Authorized
Representative of-Beveleeei: So..,..o'f ta,,ie.

Initials of Authorized
Representative of C&C
(a) Failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement. If the Party who receives a notice of a default from the other Party cures, corrects or remedies the alleged default within fifteen (15) calendar days after receipt of written notice by the other Party specifying such default, such Party shall not be in default under this Agreement.

The notice and cure period provided in the immediately preceding sentence shall not, under any circumstances, extend the Negotiation Period. lflhere are less than fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant to this Section 13(a) shall be automatically reduced to the number of days remaining in the Negotiation Period.
(b) The Party claiming that a default has occurred shall give written notice of default to the Party claimed to be in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. However, the injured Party shall have no right to exercise any remedy for a default under this Agreement, without first delivering written notice of the default and allowing the applicable period to cure any such default as set forth in Section 13(a). (c) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
(d) If a default of either Party remains uncured for more than fifteen (15) calendar days following receipt of written notice of such default, a "breach" of this Agreement by the defaulting Party shall be deemed to have occurred. In the event of a breach of this Agreement, the sole and exclusive remedy of the Party who is not in default shall be to terminate this Agreement by serving written notice of termination on the Party in breach and, in the case of a breach by the City, the Developer shall also be entitled to receive the Liquidated Damages Amount.

14. Compliance with Law. Each Developer acknowledges that, pursuant to section 54230.5(b)(1) of the Surplus Land Act, prior to execution of any future DOA or other agreement, the City must obtain approval from HCD. Further, any future ODA or other agreements, if approved by the City Council, will require such Developer (among other things) to carry out the development of the Housing Developments in conformity 55414.0070 I \34349345.7
Initials of Authorized
Representative of City
Initials of Auffi 11rv 1zed
Representative of National Core

13. Default.

14. Compliance with Law. Each Developer acknowledges that, pursuant to section 54230.5(b)(1) of the Surplus Land Act, prior to execution of any future DOA or other agreement, the City must obtain approval from HCD. Further, any future DOA or other agreements, if approved by the City Council, will require such Developer (among other things) to carry out the development of the Housing Developments in conformity 554 l 4.00701\34349345.7
Initials of Authorized
Representative of City
Initials of Authorized
Representative of National Core

13. Default.

Initials of Authorized
Representative of Developer �c.-
Initials of Authorized
Representative of C&C
(a) Failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement. If the Party who receives a notice of a default from the other Party cures, corrects or remedies the alleged default within fifteen (15) calendar days after receipt of written notice by the other Party specifying such default, such Party shall not be in default under this Agreement.

The notice and cure period provided in the immediately preceding sentence shall not, under any circumstances, extend the Negotiation Period. If there are less than fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant to this Section 13(a) shall be automatically reduced to the number of days remaining in the Negotiation Period.
(b) The Party claiming that a default has occurred shall give written notice of default to the Party claimed to be in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall ii change the time of default. However, the injured Party shall have no right to exercise any remedy for a default under this Agreement, without first delivering written notice of the default and allowing the applicable period to cure any such default as set forth in Section 13(a). (c) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
(d) If a default of either Party remains uncured for more than fifteen (15) calendar days following receipt of written notice of such default, a "breach" of this Agreement by the defaulting Party shall be deemed to have occurred. In the event of a breach of this Agreement, the sole and exclusive remedy of the Party who is not in default shall be to terminate this Agreement by serving written notice of termination on the Party in breach and, in the case of a breach by the City, the Developer shall also be entitled to receive the Liquidated Damages Amount.

14. Compliance with Law. Each Developer acknowledges that, pursuant to section 54230.5(b)(1) of the Surplus Land Act, prior to execution of any future DDA or other agreement, the City must obtain approval from HCD. Further, any future DDA or other agreements, if approved by the City Council, will require such Developer (among other things) to carry out the development of the Housing Developments in conformity 55414.0070 I \34349345. 7
with all applicable laws, including all applicable building, planning and zoning laws, environmental laws, safety laws and federal and state labor and wage laws.

15. Press Releases. Each Developer agrees to obtain the approval of the City Manager or his or her designee or successor in function of any press releases such Developer may propose relating to the lease or redevelopment of the Sites or negotiation of a DDA or other agreements with the City, prior to publication. The rights and obligations in this provision shall not apply to leasing and marketing brochures and/or information distributed by email or placed online on a brokerage website or real estate website such as LoopNet.com.

16. Notice. All notices required under this Agreement shall be presented in person, by nationally recognized overnight delivery service or by facsimile and confirmed by first class certified or registered United States Mail, with return receipt requested, to the address and/or e-mail address (with read receipt) for the Party set forth in this Section

16. Notice shall be deemed confirmed by United States Mail effective the third (3rd) business day after deposit with the United States Postal Service. Notice by personal service, e-mail, or nationally recognized overnight delivery service shall be effective upon delivery. Either Party may change its address for receipt of notices by notifying the other Party in writing. Delivery of notices to courtesy copy recipients shall not be required for valid notice to a Party
TO DEVELOPER:
55414.00701 \34349345.7
Brandywine Acquisitions Group, LLC
15680 Aston
Irvine, CA 92606
Attn: Alex Hernandez
E-mail: [email protected]
National CORE
9421 Haven Avenue
Rancho Cucamonga, CA 91730
Attn: Michael Ruane
E-mail: mruane@national core.org
C&C Development
14211 Yorba Street, Ste 200
Tustin, CA 92780
Attn: Todd Cottle
E-mail: [email protected]
TO CITY:

COPY TO:

City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Jarad Hildenbrand
E-mail: [email protected]
Best Best & Krieger
18101 Von Karman Avenue, Unit 1000
Irvine, CA 92612
Attn: HongDao Nguyen
E-mail:

[email protected]

17. Warranty Against Payment of Consideration for Agreement. The Developers each warrant that they have not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. Third parties, for the purposes of this Section 17, shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects, brokers and other consultants, when such fees are considered necessary by the Developers.

18. Acceptance of Agreement by Developer. The Developers shall acknowledge their acceptance of this Agreement by delivering to the City three (3) original counterpart executed copies of this Agreement signed by the authorized representative( s) of each Developer.

19. Counterpart Originals. This Agreement may be executed by the City and the Developers in multiple counterpart originals, all of which together shall constitute a single agreement.

20. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties regarding the subject matters of this Agreement.

21. No Third-Party Beneficiaries. Nothing in this Agreement is intended to benefit any person or entity other than the City and the Developers.

22. Governing Law; Venue. The City and the Developers acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City of Stanton, California. The City and the Developers agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California, without application of such laws' conflicts of laws principles.

Venue shall lie in the state and federal courts of Orange County, California.

23. Waivers; Amendments. No waiver of any breach of any term or condition contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or condition, or of any other term or condition contained in this 55414.00701134349345.7
Agreement. No extension of the lime for performance of any obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this Agreement shall be enforceable against the City or the Developers, unless made in writing and executed by both the City and the Developers.

24. Construction. Headings at the beginning of each section and sub-section of this Agreement are solely for the convenience of reference of the City and the Developers and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one or the other of the City or the Developers, but rather as if both the City and the Developers prepared this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this Agreement and incorporated into this Agreement by this reference. If the dale on which the City or any of the Developers is required to take any action pursuant to the terms of this Agreement is not a business day of the City, the action shall be taken on the next succeeding business day of the City.

24. Attorneys' Fees. If either Party hereto files any action or brings any action or proceeding against the other arising out of this Agreement, then the prevailing Party shall be entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys' fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought to recover such attorneys' fees. For the purposes hereof the words "reasonable attorneys' fees" mean and include, in the case of either Party, salaries and expenses of the lawyers working for or employed by such Party (allocated on an hourly basis) to the extent they provide legal services to such Party in connection with the representation of that Party in any such matter. [Signatures on following page]
55414.00701 \34349345.7

THE CITY OF ST ANTON

EXCLUSIVE NEGOTIATION AGREEMENT
(Tina Pacific)
IN WITNESS WHEREOF, the City and the Developers have executed this Exclusive Negotiation Agreement on the dates indicated next to each of the signatures of their authorized representatives, as appear below.

Dated: ________ _
Dated:. ________ _
Dated: ________ _
ATTEST:

By: ___________ _
City Clerk
55414 00701\34349345.7
DEVELOPERS:

By: ___________ _
By:___________ _
By: ___________ _
CITY:

THE CITY OF STANTON
By:. ___________ _
Jarad L. Hildenbrand
City Manager
December 15, 2021

THE CITY OF STANTON

Dated: ot!os/wz.-2
Dated: ________ _
Dated: ________ _
ATTEST:

By: ___________ _
City Clerk
55414.00701 \34349345.7
DEVELOPERS:

B�'�
By: ____________ _
By: ____________ _
CITY:

THE CITY OF STANTON
By: ____________ _
uarncl L. l/,l/ff!Prt%11c/
C,·'7 4n,.�e,-

THE CITY OF STANTON

Dated: ________ _
Dated :_..1-I ..:Ca+l.ilac.J-1'-ll--"a.=·-=-l --- / I
Dated:. ________ _
ATTEST:

By.:_----------
City Clerk
55414.00701 \34349345 ,7
DEVELOPERS:

Altia VI fl,I Co !>_It
By: ___________ _
By: ___________ _
CITY:

THE CITY OF STANTON
By:
, ___________ _
JPll'atl l, II/ !r/P1t6ra11d
C,,'fy Aa11fjr!r

THE CITY OF STANTON

Dated: ---------
Dated: ---------
Dated: ---------
ATTEST:

By: ___________ _
City Clerk
5541---1-.00701 34349345.7
DEVELOPERS:

By: ____________ _
By: ____________ _
CITY:

THE CITY OF STANTON
By: __ �---,---.-,-------
Jarad L. fl1idfJl!}ra,nc/
C,'fy A1anaJ6r
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
By: ___________ _
City Attorney
55414 00701\34349345.7
EXHIBIT"A"
TO

NEGOTIATION AGREEMENT
Property Legal Description
Real property in the City of Stanton, County of Orange, State of California, described as follows:

PARCEL 1: (APN: 126-481-15)
LOT 1 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172 PAGE 36 AND 37 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 2: (APN: 126-481-14)
LOT 2 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172 PAGE 36 AND 37 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 3: (APN: 126-481-13)
LOT 3 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172 PAGE 36 AND 37 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 4: (APN: 126-481-12)
LOT 4 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172 PAGE 36 AND 37 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 5: (APN: 126-481-11)
LOT 5 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172 PAGE 36 AND 37 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 6: (APN: 126-481-10)
LOT 6 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172 PAGE 36 AND 37 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 7: (APN: 126-481-09)
LOT 7 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172 PAGE 36 AND 37 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 8: (APN: 126-481-08)
LOT 8 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172 PAGE 36 AND 37 OF MISCELLANEOUS

EXHIBIT A
55414.00701 \34349345.7
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 9: (APN: 126-481-07)
LOT 9 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 9A AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, AS PER MAP RECORDED IN
BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE

COUNTY RECORDER
OF SAID COUNTY.

EXCEPT THEREFROM THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89° 12' 56" EAST 226. 73
FEET FROM THE WEST LINE OF SAID LOT; THENCE NORTH 0
° 46' 04" WEST 25
FEET; THENCE NORTH
89° 13' 56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE NORTHEASTERLY

LINE OF SAID LOT,
THE RADIUS POINT OF WHICH BEARS NORTH 26 ° 18' 53" EAST 228 FEET FROM

SAID POINT THENCE
SOUTHEASTERLY 49.12 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 12° 20' 42" THENCE SOUTH 0
° 46' 04" EAST 7.50

FEET TO THE
SOUTHERLY LINE OF SAID LOT; THENCE SOUTH 89° 13' 56" WEST ALONG SAID SOUTHERLY LINE 70
FEET TO THE TO THE POINT OF BEGINNING.

PARCEL 10: (APN: 126-481-06)
LOT 10 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS

MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY.

EXCEPT THEREFROM THE OIL, GAS, MINERALS, AND OTHER HYDROCARBON

SUBSTANCES LYING
BELOW THE SURFACE OF SAID LAND, AS PROVIDED IN DEEDS OF RECORD.

PARCEL 11: (APN: 126-481-05)
LOT 11 OF TRACT NO. 4208 IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT A
55414.00701\34349345.7
PARCEL 11A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, IN THE

CITY OF STANTON,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37

OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89° 13' 56" EAST 226.73
FEET FROM THE WEST LINE OF SAID LOT; THENCE NORTH 0
° 46' 04" WEST 25.00
FEET; THENCE
NORTH 89° 13' 56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE

NORTHEASTERLY LINE OF SAID
LOT, THE RADIUS POINT OF WHICH BEARS NORTH 26° 18' 53" EAST 228.00 FEET FROM SAID POINT;
THENCE SOUTHEASTERLY 49.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 20' 42"
THENCE SOUTH 0
° 46' 04" EAST 7.50 FEET TO THE SOUTHERLY LINE OF SAID
LOT; THENCE SOUTH
89° 13' 56" WEST ALONG SAID SOUTHERLY LINE 70.00 FEET TO THE POINT OF BEGINNING.

PARCEL 12: (APN: 126-481-04)
LOT 12 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 12A:AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, AS PER MAP RECORDED IN
BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE

COUNTY RECORDER
OF SAID COUNTY.

EXCEPTING THEREFROM THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89° 13' 56" EAST 226. 73
FEET FROM THE WEST LINE OF SAID LOT; THENCE NORTH 0
° 46' 04" WEST 25.00
FEET; THENCE
NORTH 89° 13' 56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE

EXHIBIT A
55414.00701\34349345.7
LOT; THENCE SOUTH
89° 13' 56" WEST ALONG SAID BOUNDARY LINE 70.00 FEET TO THE POINT OF BEGINNING.

PARCEL 13: (APN: 126-481-03)
LOT 13, TRACT 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE, STATE OF

CALIFORNIA, AS PER
MAP RECORDED IN BOOK 172, PAGE 36 AND 37 OF MISCELLANEOUS MAPS, IN

THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON

SUBSTANCES, LYING
BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT

WITH NO RIGHT OF

SURFACE ENTRY, WHERE THEY HAVE BEEN PREVIOUSLY RESERVED IN INSTRUMENTS OF RECORD.

PARCEL13A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, IN THE

CITY OF STANTON,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37

OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM, THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON, NORTH 8901356" EAST 226.73 FEET
FROM THE WEST LINE OF SAID LOT; THENCE NORTH 0
°
4604" WEST 25.00 FEET;

THENCE NORTH
89°13'56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE NORTHEASTERLY LINE

OF SAID LOT, THE
RADIUS POINT OF WHICH BEARS NORTH 26°
18'53" EAST 228.00 FEET FROM SAID
POINT; THENCE
SOUTHEASTERLY 49.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°
20'42" THENCE
SOUTH 0
°
46'04" EAST 7.50 FEET TO THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTH 89°
13'56"
WEST ALONG SAID SOUTHERLY LINE 70.00 FEET TO THE POINT OF BEGINNING.

PARCEL 14: (APN: 126-481-02)
LOT 14 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172, PAGES 36 TO 37 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 14A:

EXHIBIT A
55414.00701 \34349345.7
AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TACT NO. 4208, AS PER

MAP RECORDED IN
BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE

COUNTY RECORDER
OF SAID COUNTY.

EXCEPT THEREFROM THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89° 13' 56" EAST 226.73FEET FROM THE WEST LINE OF SAID LOT; THENCE NORTH 0 ° 46'
04" WEST 25.00 FEET; THENCE
NORTH 89° 13' 56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE

NORTHEASTERLY LINE OF SAID
LOT, THE RADIUS POINT OF WHICH BEARS NORTH 26 ° 18' 53" EAST 228.00 FEET FROM SAID POINT;
THENCE SOUTHEASTERLY 49.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 20' 42"
THENCE SOUTH 0
° 46' 04" EAST 7.50 FEET TO THE SOUTHERLY LINE OF SAID
LOT; THENCE SOUTH
89° 13' 56" WEST ALONG SAID SOUTHERLY LINE 70.00 FEET TO THE POINT OF BEGINNING.

PARCEL 15: (APN: 126-481-01)
LOT 15 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 15A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, AS PER

MAP RECORDED IN
BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE

COUNTY RECORDER
OF SAID COUNTY.

EXCEPTING THEREFROM THE FOLLOWING:

EXHIBIT A
55414.00701134349345.7
89' 13' 56" WEST ALONG SAID SOUTHERLY LINE 70.00 FEET TO THE POINT OF BEGINNING.

PARCEL 16: (APN: 126-481-29)
LOT 16 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF MAPS, IN THE

OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.

PARCEL 17: (APN: 126-481-28)
LOT 17 OF TRACT 4208, AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37

OF MISCELLANEOUS
MAPS, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 18: (APN: 126-481-27)
LOT 18 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM; ALL OIL, OIL RIGHTS, NATURAL GAS RIGHTS, MINERAL

RIGHTS, AND OTHER

HYDROCARBONS SUBSTANCES BY WHATEVER NAME KNOWN, TOGETHER WITH

APPURTENANT RIGHTS

THERETO, WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF

SAID LAND NOR ANY
PORTION OF THE SUBSURFACE LYING ABOVE A DEPTH OF 500 FEET, AS

EXCEPTED OR RESERVED IN
INSTRUMENTS OF RECORD.

PARCEL 19: (APN: 126-481-26)LOT 19 OF TRACT NO. 4208, IN THE CITY OF

STANTON, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGE 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500

FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEEDS OF RECORD.

PARCEL 20: (APN: 126-481-25)
LOT 20 OF TRACT 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE, STATE

OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT A
55414.00701 \34349345.7

EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500

FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEEDS OF RECORD.

PARCEL 21: (APN: 126-481-24)
LOT 21 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGES 36 OF 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500

FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEEDS OF RECORD.

PARCEL 22: (APN: 126-481-23)
LOT 22 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500

FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEEDS OF RECORD.

PARCEL 23: (APN: 126-481-22)
LOT 23 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37 OF MAPS, IN THE

OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500

FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEEDS OF RECORD.

PARCEL 24: (APN: 126-481-21)
LOT 24 OF TRACT NO. 4208 IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA
AS PER MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37 MISCELLANEOUS

MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 24A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208 IN THE

EXHIBIT A
55414.00701 \34349345.7

CITY OF STANTON

COUNTY OF ORANGE STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37

OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM THE FOLLOWING:

BEGINNING AT THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89° 13' 56" EAST 226.73
FEET FROM THE WEST LINE OF SAID LOT THENCE NORTH 0
° 48' 04" WEST 25.00

FEET THENCE
NORTH 89° 13' 56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE

NORTHEASTERLY LINE OF SAID
LOT THE RADIUS POINT OF WHICH BEARS NORTH 26° 18' 53" EAST 228.00 FEET

FROM SAID POINT
THENCE SOUTHEASTERLY 49.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 20' 42"
THENCE LOT THENCE SOUTH 0
° 46' 04" EAST 7.50 FEET TO THE

SOUTHEASTERLY LINE OF SAID LOT
THENCE SOUTH 89° 13' 56" WEST ALONG SAID SOUTHERLY LINE 70.00 FEET TO

THE POINT OF
BEGINNING.

PARCEL 25: (APN: 126-481-20)
LOT 25, OF TRACT NO. 4208, IN THE CITY OF STANTON, AS PER MAP RECORDED IN BOOK 172, PAGES
36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 25A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, IN THE

CITY OF STANTON,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 172, PAGE (S) 36 AND
37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 26: (APN: 126-481-19)
LOT 26 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500

FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEEDS OF RECORD.

EXHIBIT A
55414.00701 \34349345.7
PARCEL 27: (APN: 126-481-18)
LOT 27 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172 PAGE(S) 36 AND 37 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 27A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, IN THE

CITY OF STANTON,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 172, PAGE (S) 36 AND
37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89° 13' 56" EAST 226.73
FEET FROM THE WEST LINE OF SAID LOT, THENCE NORTH 0
°
46'04" WEST 25.00
FEET; THENCE
NORTH 89°
13' 56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE

NORTHEASTERLY LINE OF SAID
LOT, THE RADIUS POINT OF WHICH BEARS NORTH 26°
18'53" EAST 228.00 FEET
FROM SAID POINT;
THENCE SOUTHEASTERLY 49.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°
20'42"
THENCE SOUTH 0
°
46'04" EAST 7.50 FEET TO THE SOUTHERLY LINE OF SAID LOT;

THENCE SOUTH
89°
13'56" WEST ALONG SAID SOUTHERLY LINE 70.00 FEET TO THE POINT OF BEGINNING.

PARCEL 28: (APN: 126-481-17)
LOT 28 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37, OF MISCELLANEOUS

MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 29: (APN: 126-481-16)
LOT 29 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 29A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, AS PER

MAP RECORDED IN

EXHIBIT A
55414.00701 \34349345.7
BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE

COUNTY RECORDER
OF SAID COUNTY.

EXCEPT THEREFROM THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89° 13' 56" EAST 226. 73
FEET FROM THE WEST LINE OF SAID LOT; THENCE NORTH 0
° 46' 04" WEST 25.00
FEET; THENCE
NORTH 89° 13' 56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE

NORTHEASTERLY LINE OF SAID
LOT, THE RADIUS POINT OF WHICH BEARS NORTH 26° 18' 53" EAST 228.00 FEET

FROM THE SAID
POINT; THENCE SOUTHEASTERLY 49.12 FEET ALONG SAID CURVE THROUGH A

CENTRAL ANGLE OF
12° 20' 42" THENCE SOUTH 0
° 46' 04" EAST 7.05 FEET TO THE SOUTHERLY LINE
OF SAID LOT;
THENCE SOUTH 89° 13' 56" WEST ALONG SAID SOUTHERLY LINE 70.00 FEET TO

THE POINT OF
BEGINNING.

PARCEL 30: (APN: 126-482-15)
LOT 30, TRACT 4208 SHOWN ON A MAP THEREOF RECORDED IN BOOK 172, PAGES 36 AND 37 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 31: (APN: 126-482-14)
LOT 31 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 31A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, IN THE CITY OF STANTON.

COUNTY OF ORANGE. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37

OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89° 13' 56" EAST 226. 73
FEET FROM THE WEST LINE OF SAID LOT; THENCE NORTH 0
° 46' 04" WEST 25.00
FEET; THENCE
NORTH 89° 13' 56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE

EXHIBIT A
55414.00701 \34349345.7

NORTHEASTERLY LINE OF SAID
LOT, THE RADIUS OF WHICH BEARS NORTH 26° 18' 53" EAST 228.00 FEET FROM SAID POINT: THENCE
SOUTHEASTERLY 49.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 20' 42" THENCE
SOUTH 0
° 46' 04" EAST 7.50 FEET TO THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTH 89° 13' 56"
WEST ALONG SAID SOUTHERLY LINE 70.00 FEET TO THE POINT OF BEGINNING.

PARCEL 32: (APN: 126-482-13)
LOT 32 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 32A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT NO. 4208, IN THE

CITY OF STANTON,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37

OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89° 13' 56" EAST 226. 73
FEET FROM THE WEST LINE OF SAID LOT; THENCE NORTH 0
° 46' 04" WEST 25.00
FEET; THENCE
NORTH 89° 13' 56" EAST 24.20 FEET TO A POINT IN A CURVE IN THE

PARCEL 33: (APN: 126-482-12)
LOT 33 OF TRACT NO. 4208, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172 PAGES 36 AND 37 OF MISCELLANEOUS, IN

THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.

PARCEL 34: (APN: 126-482-11)

EXHIBIT A
55414.0070 I \34349345.7
LOT 34 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37 OF MAPS, IN THE

OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500

FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEEDS OF RECORD.

PARCEL 35: (APN: 126-482-10)
LOT 35 OF TRACT 4208 AS PER MAP RECORDED IN BOOK 172 PAGES 36-37, OF

MISCELLANEOUS MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 36: (APN: 126-482-09)
LOT 36 OF TRACT NO. 4208, IN THE CITY OF STANTON, AS SHOWN ON A MAP

RECORDED IN BOOK
172, PAGE(S) 36 AND 37, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE

COUNTY RECORDER OF
SAID COUNTY.

PARCEL 37: (APN: 126-482-08)
LOT 37 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172 PAGES 36 AND 37 OF MISCELLANEOUS

MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON

SUBSTANCES, LYING
BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY.

PARCEL 37A:

AN UNDIVIDED 1140TH INTEREST IN AND TO LOT 41 OF TRACT 41 OF TRACT NO. 4208, IN THE CITY
OF STANTON, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 172 PAGES 36 AND 37 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM THE FOLLOWING:

BEGINNING IN THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 89 DEGREE 13 MINUTES 56
SECONDS EAST 226.73 FEET FROM THE WEST LINE OF SAID LOT; THENCE NORTH O DEGREE 46
MINUTES 04 SECONDS WEST 25 FEET; THENCE NORTH 89 DEGREE 13 MINUTES 56 SECONDS EAST

EXHIBIT A
55414,00701\34349345.7

24.20 FEET TO A POINT IN A CURVE IN THE NORTHEASTERLY LINE OF SAID LOT,

THE RADIUS POINT
OF WHICH BEARS NORTH 26 DEGREE 18 MINUTES 53 SECONDS EAST 228.00 FEET FROM SAID POINT;
THENCE SOUTHEASTERLY 49.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12
DEGREE 20 MINUTES 42 SECONDS; THENCE SOUTH O DEGREE 46 MINUTES 04 SECONDS EAST 7.50
FEET TO THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTH 29 DEGREE 13 MINUTES 56 SECONDS
WEST ALONG SAID SOUTHERLY LINE 70.00 FEET TO THE POINT OF BEGINNING.

PARCEL 38: (APN: 126-482-07)
LOT 38 OF TRACT NO. 4208 IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 172 PAGE(S) 36 AND 37 OF MISCELLANEOUS

MAPS FILED IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.

PARCEL 39: (APN: 126-482-06)
LOT 39 OF TRACT NO. 4208, AS PER MAP RECORDED IN BOOK 172, PAGES 36 AND 37 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 40: (APN: 126-482-05)
LOT 40 OF TRACT NO. 4208, IN THE CITY OF STANTON, COUNTY OF ORANGE,

STATE OF CALIFORNIA,
AS SHOWN ON A MAP RECORDED IN BOOK 172, PAGE(S) 36 AND 37 OF

MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT A
55414.00701 \34349345.7
EXHIBIT"C"
TO

NEGOTIATION AGREEMENT
Multifamily Housing Development Description
[To Be Attached Behind This Cover Page]
55414.00701 \34349345. 7
5 1Tl:PWI I
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w:wm::>MMIQI-OO�A'd! N11HIIIAW.,,'t
STR£1\T£Jill!81T I A1.4
111111. B�Jt1fOYWlNC A1.5
1111111 BDRANDYWIHC M I hl/1MlOLIACROOtl:UOl 0o»:lEPTt.W.omtGII 1111 m H<I"�& Deveto:Jment ... .,,., .. ,..,_,., ............. �:IUilPOOT/11&1 I A1.6 MIi FSTONF
EXHIBIT"D"

MILESTONE SCHEDULE
Exclusive Negotiation Agreement Timeline
nFSCRIPTION
Within 90 Davs of Effective Date I 2021\ of ENA
Initial Pro Forma! Submit initial proforma for the proposed development.

Housing Submit Housing Development construction schedule for the.

Developments proposed development.

Due Diligence Provide written determination of property's physical suitability for develooment.

Preliminary Submit site plans and elevations. Submit all relevant applications Housina and fees.

Within 30 Days of Receipt of Preliminary Housing Developments Submittal Plan Review Staff reviews plans for compliance with applicable codes and re""' · .. ,�· l0tt.,.r
Within 15 days of Receipt of Staff's Review
Revised Site Submit revised site plans and elevations
o, .........

Within 15 days of Receipt
2 nd Plan Review Staff reviews plans for compliance with applicable codes and reaulations· letter
Within 150 Days of Effective Date of ENA
Revised Submit refined proforma and development schedule based on Proforma and! revised site plans
Market Study Submit a market study containing a forecast of regional and local! real estate
Development Submit letter identifying investment partners.

Partners.

Funding• Submit letter identifying lenders and proof of ability to obtain pc,rfn0rc c,nrl financing ..

Draft DOA Complete negotiations and draft Disposition and Development Final Revisions Finalize revisions to development proposal and all relevant materials Within 180 Days of Effective Date of ENA
City Council Present development proposal and DOA to City Council for final, Hearing review and aooroval.
55414.00701 \34349345.7
Date:
lylay 12, 2022
Todd Cottle
Principal
C&C Development
14211 Yorba Street,
Suite 200
Tustin, CA 92780
714-269-8848
[email protected]
Dear Todd,
•
•
•
7800 Katella Avenue
Stanton, CA 90680
PI (714) 379-9222
FI (714) 890-1443
[email protected]
StantonCA.gov
My ability to provide extensions to individual milestone dates may be implicit in the ENA, but what is explicit is our ability to mutually agree to extend the Negotiation Period twice by 90 days each. I would propose that we exercise the first of our two 90-day extension periods, which would have the effect of moving all of the milestone dates in the Schedule of Performance, including your submittal of the initial pro forma by 90 days.

Please indicate your agreement by signing below.

Si
.
nc�
-
r�
-
1 �
.c:.. ... . } I (
··-....... ,.___./
Ja�d· . Hildenbrand
City Manager
Agree to and accepted by:

C&C Development
By: Todd Cottle
Its: Authorized Signatory
National Community Renaissance of California
By: Michael Ruane
':%,President
Brandywine Acquisitions Group, a California limited liability company By: Brett Whitehead
Its: Chief Executive Officer
Community Pride & Forward Vision
Attachment: C
Click here to return to the agenda.

Date:

December l, 2022
Todd Cottle
Principal
C&C Development
14211 Yorba Street,
Suite 200
Tustin, CA 92780
Michael Ruane
Executive Vice
President
National Community
Renaissance of
California
9421 Haven Avenue
Rancho Cucamonga,
CA 91730
Alex Hernandez
President/
Homebuilding Division
Brandywine
Acquisitions Group,
LLC
15680 Aston
Irvine, CA 92606
To Whom It May Concern,
•
•
•
7800 Katella Avenue
Stanton, CA 90680
P I (714) 379-9222
F I (714) 890-1443
Sta [email protected]
StantonCA.gov
The City received a request to extend the Exclusive Negotiation Agreement ("ENA"), dated December 14, 2021, by and between the City of Stanton, Brandywine Acquisitions Group, LLC, C&C Development Company, and National Community Renaissance of California. The ENA became effective on February 15, 2022.

As you know, the City has extended the ENA, once, to November 12, 2022, and hereby agrees to extend the ENA a second time, through February 10, 2023. These extensions are authorized under section 3(b) of the ENA. The City also hereby confirms that it has received the additional $15,000 in deposits from the developers, pursuant to section 2{b) of the ENA. Please indicate your agreement to this extension by signing below.

The City looks forward to continuing to work with you. If you have any questions, please feel free to contact me.

Sincerely,
df�M�
Hannah Shin-Heydorn
City Manager
Agreed to and accepted by:

C&C Development
By: Todd Cottle
Its: Principal
National Community Renaissance of California
By: Michael Ruane
Its: Executive Vice President
Brandywine Acquisitions Group, LLC
By: Alex Hernandez
Its: President/ Homebuilding Division
Community Pride & Forward Vision
Attachment: D
Click here to return to the agenda.
55414.00701\40963250.1

THE CITY OF STANTON

FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT
(Tina Pacific)
THIS FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT (“First Amendment”) is dated as of _______, 2023, for reference purposes only, and is entered into by and between the City of Stanton, a California municipal corporation (“City”), on the one hand; and Brandywine Acquisitions Group, a California limited liability company (“Brandywine”), C&C Development Co., a California Limited Liability Company (“C&C”), and National Community Renaissance of California, a California nonprofit public benefit corporation (“National Core”), on the other hand, to provide a specified period of time to attempt to negotiate a disposition and development agreement. C&C and National Core are sometimes collectively referred to herein as the “Multifamily Developers,” and C&C, National Core and Brandywine are sometimes collectively referred to herein as the “Developers.” The City and the Developers are sometimes referred to in this Agreement, individually, as a “Party” and, collectively, as the “Parties.” This Agreement is entered into by the Parties with reference to the following recited facts (each, a “Recital”):

B. The Parties entered into that certain Exclusive Negotiating Agreement, dated December 14, 2021, in order to provide for time to negotiate one or more future agreements between the City and the Developers governing the potential acquisition of the Property by the Developers and development of the Townhome Housing Development by Brandywine on the Townhome Site and development of the Multifamily Housing Development by the Multifamily Developers on the Multifamily Site (“Agreement”).

C. The Agreement became effective on February 14, 2022 pursuant to the provisions set forth in Section 3(a) of the Agreement (“Effective Date”).

D. Upon the mutual written agreement of the Parties and for consideration in the form of Extension Deposits paid by the Developers to the City, the Parties exercised two consecutive 90-day extensions to the term of the Negotiation Period, authorized pursuant to Section 3(b) of the Agreement. The current Negotiation Period expires on February 9, 2023.

E. The Parties now desire to amend the Agreement in order to extend the term of the Negotiation Period under the Agreement for a period of 180 days to expire on August 8, 2023, increase the amount of each Extension Deposit to be commensurate with the extended term, and to modify terms relating to extensions of the Negotiation Period under the Agreement (“First Amendment”).

Attachment: E
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55414.00701\40963250.1

NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY

RELATING TO THE SALE AND DEVELOPMENT OF THE SITES AND THE PROMISES OF

THE CITY AND THE DEVELOPERS SET FORTH IN THIS FIRST AMENDMENT, THE CITY AND THE DEVELOPERS AGREE, AS FOLLOWS:

1. Deposits. Section 2(b) of the Agreement is hereby amended in its entirety to read as follows:
“(b) Upon the each extension of the Negotiation Period occurring pursuant to the provisions of Section 3(b), if any, the Developers shall each provide to the City an additional deposit of Five Thousand Dollars ($5,000) in immediately available funds on the first day of any 90-day extension of the Negotiation Period occurring pursuant to the provisions of Section 3(b) (each, an "Extension Deposit"). Each Developer shall provide to the City an additional deposit of Ten Thousand Dollars ($10,000) in immediately available funds on the first day of any 180-day extension of the Negotiation Period occurring pursuant to the provisions of Section 3(b). Each Extension Deposit is intended to ensure that the Developers will proceed diligently and in good faith to fulfill their obligations under this Agreement during any extension of the Negotiation Period, as part of the consideration for the City's agreement not to negotiate with other persons during any such extension of the Negotiation Period, and to defray certain costs of the City in pursuing the contemplated negotiations with the Developers during any such extension of the Negotiation Period, pursuant to this Agreement. At the termination of this Agreement, any remaining funds from an Extension Deposit shall be refundable to the applicable Developer as provided in Section 2(a), above

2. Term of Agreement. Section 3 of the Agreement is hereby amended in its entirety to read as follows:
“(a) The rights and duties of the City and the Developers established by this Agreement shall commence on the first date on which all of the following have occurred (the “Effective Date”): (1) payment of the Initial Deposits to the City by the Developers, in accordance with Section 2(a); and (2) delivery of a City Council-approved fully executed version of this Agreement to the Developers, the exact date of which shall be mutually agreed to by the Parties promptly after the Developers’ receipt of the fully executed Agreement from the City as evidenced in writing signed by their respective authorized representatives. The City shall deliver a fully executed counterpart original of this Agreement to the Developers within ten (10) calendar days following the City Council’s approval of this Agreement, if approved, and the execution of this Agreement by the authorized representative(s) of the City. This Agreement shall continue in effect for a period of One Hundred Eighty (180) consecutive calendar days immediately following the Effective Date (“Negotiation Period”), subject to the limitations of Section 3(b). (b) The Negotiation Period may be extended upon the mutual written agreement of the City's City Manager and all Developers for no more than two (2) additional consecutive Ninety (90) calendar day periods and one (1) additional consecutive One Hundred and Eighty (180) calendar day period. Notwithstanding the immediately preceding sentence or any other part of this Agreement, in no event shall the Negotiation Period exceed Five Hundred Forty (540) consecutive calendar days from the Effective Date. 55414.00701\40963250.1
(c) This Agreement shall automatically expire and be of no further force or effect at the end of the Negotiation Period, unless, prior to that time, both the City and the Developers approve and execute a DDA acceptable to both the City and the Developers, in their respective sole and absolute discretion, in which case this Agreement will terminate on the effective date of such DDA.”

4. Remaining Provisions. Except as specifically set forth in this First Amendment, the remaining provisions of the Agreement shall continue in full force and effect. [Signatures on following page]
55414.00701\40963250.1

THE CITY OF STANTON

FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT
(Tina Pacific)
IN WITNESS WHEREOF, the City and the Developers have executed this First Amendment to Exclusive Negotiation Agreement on the dates indicated next to each of the signatures of their authorized representatives, as appear below.

Dated:

Dated
DEVELOPERS:
_______________________
By:
___________
__________________
By:
___________
__________________

By:
___________
__________________
Dated:

CITY:

THE CITY OF STANTON
By:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
By:

City Attorney
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 24, 2023
SUBJECT: ADOPTION OF STANTON LOCAL HAZARD MITIGATION PLAN REPORT IN BRIEF:

Atlas Planning Solutions, the City’s consultant for the Local Hazard Mitigation Plan (LHMP), will provide a review of the final LHMP, which has been reviewed and approved by the California Governor’s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA).

RECOMMENDED ACTION:

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

2. Receive and file the presentation; and

3. Approve Resolution No. 2023-03, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING AND ADOPTING THE CITY’S LOCAL HAZARD MITIGATION PLAN”.

BACKGROUND:

The Stafford Act, as amended by the Disaster Mitigation Act of 2000 (DMA) establishes requirements for state and local entities to prepare and maintain a comprehensive Local Hazard Mitigation Plan (LHMP) that addresses natural and human-caused hazards that may impact the community. The purpose of an LHMP is to identify a jurisdiction’s hazards, review and assess past disaster occurrences, estimate the probability of future occurrences, and set goals to mitigate potential risks to reduce or eliminate long-term risk to people and property from natural and man-made hazards. The components of an LHMP typically are focused on the following objectives:
• Identifying vulnerabilities (including for specific populations and/or structures); • Providing recommendations for prioritized mitigation actions; • Evaluating resources;
Item: 9A
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2 • Identifying mitigation shortcomings; and
• Providing for future mitigation planning and maintenance of the existing plan.

In addition, an LHMP approved by the California Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA) is required in order for jurisdictions to be eligible for pre- and post-disaster mitigation grants, including the Hazard Mitigation Grant, Flood Mitigation Assistance, and Building Resilient Infrastructure and Communities programs. LHMPs must be updated and resubmitted to FEMA for approval every five years in order for jurisdictions to remain eligible for FEMA grant programs. California law also requires that LHMPs must include an assessment of a jurisdiction’s vulnerability to climate change.

This is the City’s first LHMP. Implementation of a regularly updated LHMP will allow the City to address natural hazards proactively and promote community resilience, including:
• Enforcement of building codes, floodplain management codes, and environmental regulations;
• Public safety measures, such as continual maintenance of roadways, culverts, and other public spaces;
• Retrofitting of structures and design of new construction, such as elevating a home or building;
• Protecting critical facilities and infrastructure from future hazard events; • Planning for hazard mitigation, emergency operations, disaster recovery, and continuity of operations; and
• Development and distribution of outreach materials related to hazard mitigation.

ANALYSIS AND JUSTIFICATION:

In coordination with staff and key community stakeholders with expertise on local hazards, Atlas Planning Solutions (Atlas) compiled hazard profiles, completed threat assessments, and developed hazard mitigation strategies for the City. Atlas first conducted a review of critical facilities, vulnerable populations and assets, recent hazard events and past disasters, previous mitigation actions, and more. The hazard profiles considered hazard-prone areas, severity measurement scales, historical events, future risks, and the effects of climate change to determine whether a hazard type poses a threat to the community, whether it be to human life and safety, property, essential services and activities, or the environment.

The threat assessment considered the community’s relative vulnerability to each hazard, calculating impacts in terms of repetitive loss properties (likelihood of damage) and potential dollar losses (extent of damage). The primary hazards that the City faces are seismic hazards, power failure, drought, extreme heat, flooding, hazardous material release, urban fire, and dam failure.
3 The hazard mitigation strategies establish an action plan for the City by laying out futureoriented goals; comprehensive, yet specific measures; and prioritized implementation details for emergency preparedness.

One of the requirements to receive State and Federal approval is incorporating community feedback into the LHMP. A hazard survey was launched on Let’s Talk Stanton on October 18, 2021 to gather community input for the draft LHMP, and Atlas hosted an informational booth at the City’s Halloween Festival. The plan was presented to City Council on July 26, 2022, and the plan was released for a month-long public review period.

The LHMP was submitted to Cal OES for review on September 23, 2022. Cal OES and FEMA approved the LHMP on October 26, 2022 and January 3, 2023, respectively. The final step required for approval of the LHMP is formal adoption of the plan by City Council resolution, which will then initiate the five-year implementation period.

FISCAL IMPACT:

None. The City obtained a grant for $37,500 in 2020 from Cal OES to create an LHMP.

As the grant required a 25% cost share, the Council authorized an appropriation of $22,000 from the General Fund at its April 13, 2021, meeting (Account No. 101-1520- 608105). Atlas Planning Solutions has been paid $56,555 for services provided through January 24, 2023.

The creation and implementation of the mitigation strategies and actions outlined in the LHMP will increase the City’s development of risk reduction programs and improvements to resiliency, which can ultimately significantly reduce costs associated with disaster response and recovery within the City.

ENVIRONMENTAL IMPACT:

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

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE(S):

Obj. 1: Provide a safe community.

Obj. 3: Provide a quality infrastructure.

Obj. 6: Maintain and promote a responsive, high-quality, and transparent government. 4 PUBLIC NOTIFICATION:

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

Prepared by: Jason Huynh, Management Analyst
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment(s):

A. Proposed Resolution No. 2023-03
B. Final LHMP
C. FEMA “Approvable Pending Adoption” Notification Letter RESOLUTION NO. 2023-03

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Stanton City CouncilJanuary 24, 2023

Stanton City Council
January 24, 2023