Agenda — Stanton City Council, February 28, 2023 (part 1 of 2)

Stanton City Council Agenda Prepared by the Office of the City Clerk February 28, 2023

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, FEBRUARY 28, 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: (868 4241 3782) 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/86842413782?pwd=bS9ta3FHcVQyNU4zcVhLb2NJSExmQT09

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
5A. Sponsorship Update – 2022 Santa’s Siren Express event report and update. 5B. 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 January 27, 2023 – February 9, 2023, in the amount of $1,553,054.86.
6C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – February 14, 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. PURCHASE ORDER APPROVAL FOR A GENERATOR FOR THE STANTON COMMUNITY CENTER IMPROVEMENT PROJECT (TASK CODE 2023-603) The Public Works Department is proposing to purchase a generator for the Stanton Community Center Improvement Project in the amount of $130,387.74. The generator is an essential piece of equipment that provides a secondary source of power when there is an electric failure and will support the City’s ability to deliver essential services to the public during emergencies, including pandemics such as COVID-19.

RECOMMENDED ACTION:

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

2. Declare that the Generac Power Systems, Inc. quote using a Sourcewell purchasing contract is in accordance with the Purchasing and Contracting Guidelines Section

4.13; and

3. Authorize a purchase order for a generator from Generac Power Systems, Inc. in the amount of $130,387.74.
6F. LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR STANTON PARK
In order to continue the License Agreement for Stanton Park (Assessor’s Parcel Numbers 131-091-19 and 131-091-29) between Southern California Edison (SCE) and the City of Stanton, it is necessary to approve the proposed agreement for a term of five (5) years commencing July 1, 2023 and ending on June 30, 2028. The City will pay SCE the sum of $6,713.74 for the term of the contract.

RECOMMENDED ACTION:

1. City Council declare this action to be categorically exempt under the California Environmental Quality Act, Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment; and

2. Approve the Southern California Edison License Agreement No. 9.1976 to continue leasing Assessor’s Parcel Numbers 131-091-19 and 131-091-29 for Stanton Park for a five-year period commencing July 1, 2023 to June 30, 2028; and

3. Authorize the City Manager to execute said agreement.

END OF CONSENT CALENDAR
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7. PUBLIC HEARINGS None.

8. UNFINISHED BUSINESS
8A. APPROVAL OF ORDINANCE NO. 1127
This Ordinance was introduced at the regular City Council meeting of February 14, 2023.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1127, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 20.400.330 OF THE STANTON

MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS TO ENSURE CONSISTENCY
WITH STATE REGULATIONS”; and

2. City Council adopt Ordinance No. 1127.

9. NEW BUSINESS
9A. AUTHORIZATION FOR COUNCIL MEMBERS TO ATTEND UPCOMING MEETINGS

AND EVENTS
Pursuant to the City of Stanton Travel and Reimbursement policy, a Council Member must receive City Council approval prior to a trip if the trip will exceed $500. Council will consider the following requests for travel:
• Mayor David J. Shawver
o Event: Public-Private Partnership Conference & Expo
o Location: Dallas, TX
o Dates: March 6 – 8, 2023
• Mayor David J. Shawver
o Event: League of California Cities 2023 City Leaders Summit o Location: Sacramento, CA
o Dates: April 12 – 14, 2023
• Mayor Pro Tem Hong Alyce Van
o Event: League of California Cities 2023 City Leaders Summit o Location: Sacramento, CA
o Dates: April 12 – 14, 2023
• Council Member Donald Torres
o Event: League of California Cities 2023 City Leaders Summit o Location: Sacramento, CA
o Dates: April 12 – 14, 2023.

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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. Authorize Council Members attendance at the proposed meetings and events as desired and authorize staff to make a budget adjustment as needed to cover registration and travel costs.
9B. APPROVE THE BUDGET ADJUSTMENTS PROPOSED FOR THE MID-YEAR BUDGET UPDATE FOR FISCAL YEAR 2022/23; AND RATIFY PURCHASE FROM

CONTINENTAL COMPUTERS
During the course of the fiscal year, it is often necessary to adjust estimated revenues and expenditure appropriations in various program areas, projects, and funds. All of the proposed changes to the Fiscal Year 2022/23 Adopted Operating Budget, including detailed explanations, are presented in Attachment A.

Overall, General Fund revenue is increasing by $549,190 and expenditures are increasing by $348,054 resulting in a net increase of $201,136, which will increase the General Fund’s available fund balance to a revised projected amount of $26.2 million by June 30, 2023.

In addition to approving the proposed budget adjustments, staff is recommending City Council ratify the payment of $41,274.46 made to Continental Computers for the Blue Light Camera Program (Attachment F).

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. City Council approve the budget adjustments summarized in Attachment A; and

3. Ratify the payment of $41,274.46 to Continental Computers/WLAN Mall for the Blue Light Camera Program.

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

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

11. WRITTEN COMMUNICATIONS None.

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.

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12D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING THE CREATION OF

A SAFE ZONE FOR VENDING
At the February 14, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss the creation of a safe zone for vending.

RECOMMENDED ACTION:

City Council provide direction to staff.

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 23rd day of February, 2023. s/ Patricia A. Vazquez, City Clerk/Secretary

January 27, 2023 - February 9, 2023
Electronic Transaction Nos. $ 1,368,035.53
Check Nos. $ 185,019.33
TOTAL $ 1,553,054.86
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
2370-2400
conform to the City of Stanton Annual
Budget as approved by the City Council.
136143-136201
Demands listed on the attached registers
City Manager Finance Director
/s/ Michelle Bannigan
Item: 6B
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THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON FEBRUARY 14, 2023

SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (5:45 PM)

JOINT REGULAR CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (6:30 PM)

1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 5:47 p.m. by Mayor / Chairman Shawver.

2. ROLL CALL

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

Absent: None.

Excused: None.

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.

4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 5:48 p.m. for discussion regarding:
4A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
4B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 8830 Tina Way, Anaheim, CA (APN 126-481-01)
8840 Tina Way, Anaheim, CA (APN 126-481-02)
8850 Tina Way, Anaheim, CA (APN 126-481-03)
8860 Tina Way, Anaheim, CA (APN 126-481-04)
8870 Tina Way, Anaheim, CA (APN 126-481-05)
8880 Tina Way, Anaheim, CA (APN 126-481-06)
8890 Tina Way, Anaheim, CA (APN 126-481-07)
Item: 6C
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8900 Tina Way, Anaheim, CA (APN 126-481-08)
8910 Tina Way, Anaheim, CA (APN 126-481-09)
8920 Tina Way, Anaheim, CA (APN 126-481-10)
8930 Tina Way, Anaheim, CA (APN 126-481-11)
8940 Tina Way, Anaheim, CA (APN 126-481-12)
8950 Tina Way, Anaheim, CA (APN 126-481-13)
8960 Tina Way, Anaheim, CA (APN 126-481-14)
8970 Tina Way, Anaheim, CA (APN 126-481-15)
8841 Pacific Avenue, Anaheim, CA (APN 126-481-29)
8851 Pacific Avenue, Anaheim, CA (APN 126-481-28)
8861 Pacific Avenue, Anaheim, CA (APN 126-481-27)
8870 Pacific Avenue, Anaheim, CA (APN 126-482-05)
8871 Pacific Avenue, Anaheim, CA (APN 126-481-26)
8880 Pacific Avenue, Anaheim, CA (APN 126-482-06)
8881 Pacific Avenue, Anaheim, CA (APN 126-481-25)
8890 Pacific Avenue, Anaheim, CA (APN 126-482-07)
8891 Pacific Avenue, Anaheim, CA (APN 126-481-24)
8900 Pacific Avenue, Anaheim, CA (APN 126-482-08)
8901 Pacific Avenue, Anaheim, CA (APN 126-481-23)
8910 Pacific Avenue, Anaheim, CA (APN 126-482-09)
8911 Pacific Avenue, Anaheim, CA (APN 126-481-22)
8920 Pacific Avenue, Anaheim, CA (APN 126-482-10)
8921 Pacific Avenue, Anaheim, CA (APN 126-481-21)
8930 Pacific Avenue, Anaheim, CA (APN 126-482-11)
8931 Pacific Avenue, Anaheim, CA (APN 126-481-20)
8940 Pacific Avenue, Anaheim, CA (APN 126-482-12)
8941 Pacific Avenue, Anaheim, CA (APN 126-481-19)
8950 Pacific Avenue, Anaheim, CA (APN 126-482-13)
8951 Pacific Avenue, Anaheim, CA (APN 126-481-18)
8960 Pacific Avenue, Anaheim, CA (APN 126-482-14)
8961 Pacific Avenue, Anaheim, CA (APN 126-481-17)
8970 Pacific Avenue, Anaheim, CA (APN 126-482-15)
8971 Pacific Avenue, Anaheim, CA (APN 126-481-16)
Negotiating Parties: Hannah Shin-Heydorn, City Manager, City of Stanton Hannah Shin-Heydorn, Executive Director, Housing
Authority
Hannah Shin-Heydorn, Executive Director, Successor
Agency
David M. Cook and Chaicran Daphnie, Owner
Jennie Trust, Owner
Nga Summer Thien Trang (Trang Trust), Owner
Ngoc Trieu and Andy Pham, Owner
Sky Nguyen / Nguyen Sky SN Living Trust, Owner
Steven W. Reiss Trust (Steven W. Reiss), Owner
Tammy T. Doan and H. Le Harvey, Owner
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Trachy Family Trust (Phillip R. Trachy), Owner
Under Negotiation: Instruction to negotiator will concern price and terms of payment.
4C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of cases: 1
Case Name: John Doe vs. Doe 2, City of Stanton, et al.

Orange County Superior Court Case Number: 30-2022-01295559-CU-PO-NJC

5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:30 p.m.

The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 5:48 to 6:30 p.m.

The City Attorney / Agency Counsel reported that there was no reportable action.

6. ROLL CALL

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

Absent: None.

Excused: None.

7. PLEDGE OF ALLEGIANCE
Led by Mr. Benjamin Noah Montelongo, Representative, Office of Senator Janet Nguyen.

8. SPECIAL PRESENTATIONS AND AWARDS None.

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9. CONSENT CALENDAR
Motion/Second: Van/Taylor
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE 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:

CONSENT CALENDAR
9A. 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.
9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated December 30, 2022 – January 26, 2023, in the amount of $4,001,648.44.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – January 24, 2023.
9D. DECEMBER 2022 INVESTMENT REPORT
The Investment Report as of December 31, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

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

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

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9E. DECEMBER 2022 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of December 31, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

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

2. Received and filed the Investment Report for the month of December 2022. 9F. DECEMBER 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 December 31, 2022, has been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund. In addition, staff has provided a status of the City’s Capital Improvement Projects (CIP) as of December 31, 2022.

2. Received and filed the General Fund and Housing Authority Fund’s December 2022 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended December 31, 2022.
9G. PROFESSIONAL SERVICES AGREEMENT WITH CITYTECH
SOLUTIONS/CHARLES ABBOTT ASSOCIATES, INC. FOR BUILDING PERMIT

AND CODE ENFORCEMENT SOFTWARE TRACKING SYSTEM
Staff recommends the City enter into a Professional Services Agreement with CityTech Solutions/Charles Abbott Associates, Inc. in an amount not to exceed $40,500, plus a 2% increase per year, starting at year 2, for continued operation of the Building Permit and Code Enforcement Software Tracking System for a term of three (3) years, set to expire March 1, 2026 with a one (1) year option to renew.

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

2. Approved Professional Services Agreement with CityTech Solutions, a division of Charles Abbott Associates, Inc.; and

3. Authorized the City Manager to execute the Professional Services Agreement between City of Stanton and CityTech Solutions to provide Building Permit and code Enforcement Software Tracking System services.
9H. SECOND AMENDMENT TO AGREEMENT FOR THE STANTON FAMILY

RESOURCE CENTER UNDER THE COUNTY OF ORANGE FAMILIES AND COMMUNITIES TOGETHER (FaCT) PROGRAM
The City Council will consider approving the Second Amendment to the Agreement for Family Resource Center Services, extending the contract term for two years from July 1, 2023 through June 30, 2025 and allocating funding in the amount of $370,800 each year.

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

2. Approved the Second Amendment to the Agreement for Family Resource Center Services with the County of Orange Social Services Agency; and

3. Authorized the City Manager to bind the City of Stanton and the County of Orange Social Services Agency in an amended agreement to provide Family Resource Center services.
9I. AWARD OF CONSTRUCTION CONTRACT FOR THE FAMILY RESOURCE

CENTER (FRC) RENOVATION COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT (PHASE I) AND APPROPRIATION OF FUNDS
Four bids for the Family Resource Center (FRC) Renovation Community Development Block Grant (CDBG) Project (Phase I) were opened on January 24, 2023. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by A2Z Construct, Inc. (A2Z) to be the lowest responsible and responsive bid at $684,400.

Including construction costs, a 10% contingency, and inspection costs, the total Phase I project is estimated at $767,840. The current Phase I project budget is $544,259. Staff is requesting an appropriation of $223,581 from the City’s Other Grants Fund (Fund 227) to fund the remainder of the project costs. These funds represent America Rescue Plan Act (ARPA) Funds that are being passed through from the County of Orange.

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1. The City Council declared that this project is categorically exempt under the California Environmental Quality Act, Class 1, and Section 15301(a) as repair, maintenance, and minor alteration of an existing public facility; and

2. Awarded a construction contract for the Family Resource Center Improvements Project (Phase 1) to A2Z Construct Inc. for the bid amount of $684,400 and reject all other bids; and

3. Authorized the City Manager to bind the City of Stanton and A2Z Construct Inc. in a contract for the construction; and

4. Authorized the City Manager to approve contract changes, not to exceed 10 percent of the bid amount ($68,440); and

5. Appropriate $223,581 from the Other Grants Fund (Fund 227) to increase the total Fiscal Year 2022-23 budget for the Family Resource Center Improvements Project (Phase 1) (Task Code No. 2022-201) to $767,840. 9J. AMENDMENT NO. 1 FOR THE MAGNOLIA STREET REGIONAL TRAFFIC

SIGNAL SYNCHRONIZATION PROJECT COOPERATIVE SERVICE

AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY
The City Council will consider a first amendment to the Cooperative Agreement between the City of Stanton and the Orange County Transportation Authority (OCTA) for the Magnolia Street Regional Traffic Signal Synchronization Project, currently set to expire on June 30, 2023. OCTA provided an Amendment to the existing Cooperative Agreement to extend the term for an additional 24 months from June 30, 2023 to June 30, 2025 as well as update the City’s contact information.

OCTA is requesting the term extension to allow sufficient time to complete the Operations & Maintenance (O&M) tasks along with necessary project closeout tasks. In addition, staff is requesting City Council approval for an appropriation of $50,000 to encumber the City’s matching contribution as part of the Cooperative Agreement.

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

2. Approved Amendment No. 1 to the existing Cooperative Agreement No. C-7- 1828 with OCTA; and

3. Authorized the City Manager to execute Amendment No. 1 to the existing Agreement with OCTA; and
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4. Appropriate $50,000 from the Gas Tax Fund (#211) to encumber the City’s matching contribution.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS
10A. CONSIDERATION OF AN ORDINANCE TO ADOPT THE 2022 CALIFORNIA

BUILDING AND RELATED MODEL CONSTRUCTION CODES - SECOND
READING OF ORDINANCE NO. 1128
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.

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

The public hearing was opened.

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

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

1. The City Council conducted a public hearing; and

2. Declared 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
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3. Introduced for second 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. The City Clerk read the title of Ordinance No. 1128, 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 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. The City Council adopted Ordinance No. 1128.
10B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 20.400.330 OF THE STANTON MUNICIPAL

CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO ENSURE CONSISTENCY WITH STATE

REGULATIONS AND FINDING THE ACTION TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
In September 2022, the California Legislature approved, and the Governor signed into law, a new bill (“SB 897”) that further amends Government Code sections 65852.2 and 65852.22—the state statutes regulating accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”), respectively. SB 897 went into effect on January 1, 2023. If the City’s ADU ordinance does not comply with state law, then its entire ADU ordinance becomes null and void as a matter of law.

The attached ordinance updates the City’s ADU ordinance to comply with SB 897.

Staff report by Ms. Patricia Garcia, Associate Planner.

The public hearing was opened.

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

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

1. The City Council conducted a public hearing; and

2. The City Council finds the proposed project exempt from the California Environmental Quality Act (CEQA) under California Public Resources Code Section 21080.17, which exempts the adoption of an accessory dwelling unit ordinance to implement the provisions of Section 65852.2 of the California Government Code; and

3. Introduced for first reading Ordinance No. 1127, 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 SECTION 20.400.330 OF THE STANTON

MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS TO ENSURE CONSISTENCY

WITH STATE REGULATIONS AND FINDING THE ACTION TO BE
EXEMPT FROM CEQA”; and

4. Set said Ordinance No. 1127 for a public hearing and second reading at the regular City Council meeting of February 28, 2023.

11. UNFINISHED BUSINESS
11A. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT UPDATES AND

EXPANSION AND EXTENSION OF ARPA-FUNDED PUBLIC SAFETY PILOT

PROGRAM
Staff will provide an American Rescue Plan Act (ARPA) presentation regarding the ARPA funds expended to-date and progress on ARPA projects currently underway or completed.

Council will also consider extending the Public Safety Pilot Program (Pilot Program) through June 30, 2023 and adding one additional Deputy to provide 40 additional hours of coverage per week.

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

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

AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:

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

2. Received and filed the presentation; and

3. Directed staff to proceed with extending the original six-month Pilot Program from May 13, 2023 to June 30, 2023 and adding one additional Deputy to provide 40 additional hours of coverage per week; and

4. Authorized the reallocation of an additional $86,000 from the City’s ARPA Allocation (ARPA Fund #257) that is currently allocated for the “Purchase of Property/Housing Opportunities” project to fund the extension and expansion of the Pilot Program.

12. NEW BUSINESS
12A. ADOPT A RESOLUTION OF INTENTION AND HOLD THE FIRST READING OF AN ORDINANCE TO AMEND THE CALIFORNIA PUBLIC EMPLOYEES’

RETIREMENT SYSTEM CONTRACT WITH THE CITY OF STANTON
The City Council will consider adopting a Resolution of Intention and hold the first reading of Ordinance No. 1129 to amend the California Public Employees’ Retirement System Contract with the City of Stanton to remove the exclusion language for persons compensated on an hourly basis and to provide for the exclusions of the Intern, Park Ranger, Recreation Leader, and Senior Recreation Leader positions.

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

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

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AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:

1. The City Council declared that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) - continuing administrative or maintenance activities, such as purchase of supplies, personnel-related actions, general policy and procedures making; and

2. Adopted Resolution No. 2023-04, a Resolution of Intention approving an amendment to the contract with the California Public Employees’ Retirement System (CalPERS), entitled:
“A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO

CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF STANTON”; and

3. Approved the Certification of Compliance with Government Code Section 7507; and

4. The City Council conducted the first reading of Ordinance No. 1129, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON

AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE

CITY COUNCIL OF THE CITY OF STANTON AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’

RETIREMENT SYSTEM TO REMOVE THE CONTRACT PROVISION
EXCLUDING FROM CALPERS MEMBERSHIP “PERSONS
COMPENSATED ON AN HOURLY BASIS” PROSPECTIVELY,
PURSUANT TO GOVERNMENT CODE SECTIONS 20305 NAD 20503”;
and

5. Set said Ordinance No. 1129 for a second reading at the regular City Council meeting of March 14, 2023.

13. ORAL COMMUNICATIONS – PUBLIC
Mr. Benjamin Noah Montelongo, Representative, Office of Senator Janet Nguyen, provided the City Council with an introduction of himself and the office of Senator Nguyen.

14. WRITTEN COMMUNICATIONS None.

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15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Mayor Pro Tem Van reported on the City’s attendance at the grand opening event of Los 7 Mares restaurant, which was held on February 14, 2023. • Council Member Torres reported on the City’s attendance at the grand opening event of Chicas Tacos restaurant, which was held on February 11, 2023. • Council Member Torres reported on his attendance at the League of California Cities New Mayors and Council Members Academy, which was held on February 1 – 3, 2023.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
• Council Member Taylor requested to agendize discussion regarding a cost-ofliving increase pertaining to the compensation for the members of the City Council.
• Mayor Shawver requested to agendize discussion regarding the creation of a safe zone for vending.
15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.

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

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
Ms. Hannah Shin-Heydorn, City Manager provided the City Council with an update on the city’s Talk on the Block meetings and reported that the initial 2023 Talk on the Block meeting will be held on February 16, 2023 at 6:15 PM at ORCO Block & Hardscape, which is located at 11100 Beach Boulevard, Stanton 90680.

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17A. ORANGE COUNTY FIRE AUTHORITY
Chief Steve Dohman provided the City Council with an update on their current operations and closed out his report in memory and honor of former Orange County Fire Authority Division Chief Ron Roberts.

18. ADJOURNMENT in memory and honor of former Orange County Fire Authority Division Chief Ron Roberts.

Motion/Second: Shawver/
Motion carried at 7:39 p.m.
_______________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
_______________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 28, 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 are continuing to monitor the threat of COVID-19, 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:

Obj. No. 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

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 28, 2023
SUBJECT: PURCHASE ORDER APPROVAL FOR A GENERATOR FOR THE

STANTON COMMUNITY CENTER IMPROVEMENT PROJECT (TASK
CODE 2023-603)
REPORT IN BRIEF:

The Public Works Department is proposing to purchase a generator for the Stanton Community Center Improvement Project in the amount of $130,387.74. The generator is an essential piece of equipment that provides a secondary source of power when there is an electric failure and will support the City’s ability to deliver essential services to the public during emergencies, including pandemics such as COVID-19.

RECOMMENDED ACTION:

2. Declare that the Generac Power Systems, Inc. quote using a Sourcewell purchasing contract is in accordance with the Purchasing and Contracting Guidelines Section 4.13; and

3. Authorize a purchase order for a generator from Generac Power Systems, Inc. in the amount of $130,387.74.

BACKGROUND:

A permanent generator would bolster the City’s ability to deliver essential services to the public during emergencies, including pandemics such as COVID-19. Public facilities, such as the Stanton Community Center, play critical roles in providing shelter, electricity, internet access and other services to the public during emergencies.

On January 10, 2023, the City Council approved the City’s participation in the County of Orange’s Community Development Block Grant – Cares Program and appropriated $500,000 for the Stanton Community Center Improvement Project (Project).

Item: 6E
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The Project consists of installing a permanent backup generator and improving the HVAC system. The Project is being separated into two phases. Phase 1 will include the purchase of the generator and HVAC system units and Phase 2 will include the installation of the equipment.

ANALYSIS/JUSTIFICATION:

The City’s Purchasing and Contracting Guidelines authorize the City to purchase from any public agency utilizing a competitive bid process. Sourcewell awarded a contract to Generac Power Systems, Inc. (Contract # 092222-GNR) for procurement of a generator as a result of open competitive bidding on behalf of its members, which includes government entities. The awarded contract is valid through 2026 and meets the City’s purchasing requirements. Due to the complexity of the specifications, the use of a cooperative purchasing contract such as Sourcewell provides for a timely and cost-effective purchase.

As such, the City does not need to release its own RFP or bid documents and may use Sourcewell’s vetted vendors for this equipment purchase.

Due to the space configuration, sizing of the fuel tank was taken into consideration and a 10-hour run-time was recommended. The generator is a diesel engine-driven set with a turbocharged 6-cylinder 15.2L engine. A similar generator brand and engine size is operating at the City Yard. The lead time for the generator is 10-12 months from receipt of purchase order by the vendor. The quote for the new generator (with a 2-year warranty) pre-tax is $130,387.74. Subsequently, staff will separately secure another contract for the installation of the generator.

FISCAL IMPACT:

The Fiscal Year 2022-23 Operating Budget includes $500,000 in the City’s Capital Project Fund. Sufficient funds are in the Capital Project Fund for this purchase.

ENVIRONMENTAL IMPACT:

This action requested in this report is not categorized as a project (has no potential for resulting in either a direct physical change in the environmental or a reasonably foreseeable indirect physical change in the environment), and therefore, categorically exempt under the California Environmental Quality Act.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVES:

Obj. 3: Provide a quality infrastructure.

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

Prepared by: Cesar Rangel, Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Generac Power Quote
B. Sourcewell Contract
7100 S Longe St #300
Stockton CA 95206

SALES ORDER

ORDER DATE
2/13/2023
JOB
ES2683863
PO Number
Bill To: Ship To:

City of Stanton
7800 Katella Ave
Stanton, CA 90680
(714) 890-4203 (phone)
[email protected]
City of Stanton
7800 Katella Ave
Stanton, CA 90680
Note
This is not an invoice and is not intended to suggest final pricing.

Description Quantity Item Price Subtotal Tax Total
Freight Out - All equipment to Site 1.00 $3,672.00 $3,672.00 $0.00 $3,672.00 SD0500 500KW Including the listed below: 1.00 $108,890.00 $108,890.00 $9,527.88 $118,417.88 TX-800A Transfer Switch, DPF 1.00 $0.00 $0.00 $0.00 $0.00 Onsite Start-up & Commissioning (Matrix) 1.00 $3,250.00 $3,250.00 $0.00 $3,250.00 Labor, Annual Preventive Maintenace 1.00 $5,080.00 $5,080.00 $0.00 $5,080.00 Total: $120,892.00 $9,527.88 $130,387.74
Please Remit Payment to:

West Coast Energy Systems LLC
PO Box 102515
Pasadena Ca 91189-2515
Attachment: A
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Company: City of Stanton Date: 2/16/2023
Attention: Cesar Rangel – Public Works Director / City Engineer Project: City of Stanton Community Center
Sourcewell Member ID # 81556
Sourcewell Contract 092222-GNR
Generac Quote # 20705078
Dear Cesar,
Thank you for the opportunity to provide pricing for the equipment on the above referenced project. We are pleased to quote as follows:

Quantity 1 - Generac Industrial diesel engine-driven generator set with turbocharged/aftercooled 6-cylinder 15.2L engine, consisting of the following features and accessories:
• Stationary Emergency-Standby rated
• 500kW Rating, wired for 277/480 VAC three phase, 60Hz • Permanent Magnet Excitation
• UL2200
• EPA Certified
• SCAQMD
• No Enclosure (open-set)
• 10 Hour Run-Time, (14") 334 Gallon Double-Wall UL142 Basetank o Mechanical fuel level indicator gauge
o Electronic fuel level sender
• Power Zone Digital Control Panel for Single or MPS Generators o Meets NFPA 99 and 110 requirements
o Temp Range -40 to 70 degrees C
o Humidity 2 – 95% (Non Condensing)
o UL6200
o C-ETL-US
o IEC801 (Radiated Emissions, Susceptibility, and Surge Immunity) o 7” Resistive Color Touchscreen
o Dual Core Digital Microprocessor
▪ RS485, Ethernet and CANbus ports
o All engine sensors are 4-20ma for minimal interference ▪ Sensors: Oil Pressure, optional Oil Temp, Coolant Temp and Level, Fuel Level/Pressure (where applicable), Engine Speed, DC Battery Voltage, Run-time Hours, Generator Voltages, Amps, Frequency, Power, Power Factor
▪ Alarm Status: Low or High AC Voltage, Low or High Battery Voltage, Low or High Frequency, Pre-low or Low Oil Pressure, Pre-high or High Oil Temp (optional), Low Water Level and Temp, Pre-high or High Engine Temp, High, Low, and Critical-low Fuel Level/Pressure (where applicable), Overcrank, Over and Under Speed, Unit Not in Automatic
▪ Programmable I/O
o Engine function monitoring and control:
▪ Full range standby operation; programmable auto crank, Emergency Stop, Auto-OffManual switch ▪ Isochronous Governor
• 0.25% digital frequency regulation with: soft-start ramping - adjustable, gain - adjustable, overshoot limit - adjustable

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▪ 3 Phase RMS Voltage Sensing
• +/-0.5% digital voltage regulation with: soft-start voltage ramping - adjustable, loss of sensing protection - adjustable, negative power limit - adjustable, Hi/Lo voltage limit - adjustable, V/F slope and gain - adjustable, fault protection o Service reminders, trending, fault history (alarm log) o I2T function for full generator protection
o Selectable low-speed exercise
o 2-wire start controls for any 2-wire transfer switch
• EPA Certified
• 21 Light Annunciator – Surface Mount (Shipped loose, installed by others) • Remote Emergency Stop Switch - Surface-mount (Shipped loose, installed by others) • Primary MLCB, 80% rated thermal-magnetic
o 800 amp
o Shunt trip and Auxiliary Contacts
• Secondary MLCB, 80% rated thermal-magnetic (Temp Load Bank connection) o 800 amp
o Shunt trip and Auxiliary Contacts
• Coolant Heater, 2500W, 240VAC
• 120V GFCI and 240V Outlet
• Alternator Strip Heater
• Fan and Belt Guards
• Ground Fault Annunciator
• Battery Charger, 10 Amp, NFPA 110 compliant, installed • 225 AH, 1155 CCA Group 8D Batteries, with rack, installed • 1 Hour factory load testing at reactive (0.8) power factor • Standard 2-Year Limited Warranty
Itemized investment for the above equipment (Generator): $78,975.54 (plus tax) (Does NOT include applicable taxes, offloading, fuel or installation costs) - *Sourcewell Contract Pricing* Quantity 1 - TRANSFER SWITCH - TX SERIES
• 800 Amp, 3 pole, 277/480 VAC three phase, 60 Hz, with 2-Wire Start Circuit o Utility Voltage Sensing Controls:
o Adjustable Logic Controls:
• 4 Sets of Form C Aux Cont
• Withstand and Close-On Rating - 100kA Any breaker
• Withstand and Close-On Rating - 200kA Fuse Rating
• CSA - C22.2 No.178
• UL Listed 1008 by ETL
• NEMA 1 Enclosure
• Non Service Entrance Rated
• Any Breaker (3 Cycle)
• In Phase Only Transfer
• Standard two year basic warranty
Itemized investment for the above equipment (Transfer Switch): $6,129.69 (plus tax) (Does NOT include any applicable taxes, offloading, fuel or installation costs) – *Sourcewell Contract Pricing* Quantity 1 – DIESEL PARTICULATE FILTER (DPF) – Per Code Total investment for the above equipment: $120,892.00 (plus tax) (Does NOT including any applicable taxes, offloading, fuel or installation costs)
Start Up & Training .................................................................................. Included Freight: FOB factory – Tailgate freight to Jobsite, Off-loading by others

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Current Lead Time (Subject to change) – Transfer Switch: 34–36 wks from receipt of Purchase Order/ Written Release for Production. Generator: 58-64 weeks from receipt of Purchase Order / Written Release for Production.

Optional Adders:
• 5 year Extended Warranty ………………………………………………………….. $ 2,240.00 • Annual PM …………………………………………………………………………………… Included
• Semi-Annual PM ………………………………………………………………………… $ 2,760.00 • Remote Emergency Stop button (surface mount)………………………… Included • Remote Annunciator………………………………………………………….………… Included Scope Clarifications:
• Estimated Submittal Lead time: 5-7 business days.
• Submittals will be released upon receipt of written purchase order. • Cost equivalent+ of (1) Annual PM Service discounted from base pricing above as goodwill. • Quoted Per Site walk only – No Written Generator Specifications provided • Pricing for Diesel Particulate Filters (DPF) included in base pricing above • Sourcewell Contract Pricing for Generator: List Price $154,854.00 –49% Sourcewell Contract Discount = $78,975.54
• Sourcewell Contract Pricing for Switch: List Price $12,019.00 – 49% Sourcewell Contract Discount = $6,129.69
• All aspects of installation assumed by others
• No equipment will be ordered without written release to proceed – price changes issued by the manufacturer after quotation validity and prior to release will be passed along to the customer. • Fueling and termination of connections not included. The Energy Systems provided start-up checklist and supporting pictures must be received by Supplier two weeks prior to technician scheduling. • Remote fuel fill assumed by others
• All exhaust piping assumed by others
• All industrial products require a formal start up by a Generac factory certified technician. • Permitting services not included, but can be quoted at an additional cost • Pricing is based on work being completed during regular business hours. • Training to be completed same day as start up. Additional charges will apply if a separate trip is required.
• Enclosure color is Generac Industrial grey. Custom colors can be quoted separately. • Not included unless otherwise noted: equipment offloading, installation, fuel, permits, signage, taxes, exhaust system backpressure test, exhaust emissions test, noise-level tests, PM Filter, infrared scanning, NETA testing, harmonic testing, concrete pad, anchoring, fuel pipe, exhaust pipe, pipe insulation, building communication integration, license fees.

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Terms and Conditions:

1. Offer Validity: 30 days.

2. Payment terms: NET 30, invoiced at shipment.

3. Credit is subject to approval by Energy Systems upon receipt of business credit application.

4. Ex-Works factory with freight allowed to the jobsite, on a truck, curbside.

5. Manufacturer lead time to be confirmed upon approved release for production letter and receipt of a West Coast Energy Systems approved purchase order.

6. Equipment cannot be held by Energy Systems or its suppliers without prior written agreement.

7. Any sale of goods or services, and any extension of credit, is governed by and subject to West Coast Energy Systems’ Terms and Conditions of Sales and Service (“Terms”) located at http://www.espowergen.com/terms which is incorporated by reference. The Terms are subject to change at any time and you are advised to frequently re-review the Terms. Unless pursuant to a written agreement mutually executed by both parties, the Terms shall be binding upon the parties, and any other terms, communications or documents are to be disregarded and hereby expressly rejected.

Kindest Regards,
Jim Whitcher (562) 321-7225
Territory Manager
West Coast Energy Systems
Please sign and return as a confirmation of the above terms and conditions.

Acknowledgement: Quote # 20705078
Accepted By:_________________________________________________ Firm Name:__________________________________________________ Customer P.O. #:_______________________________Date:_____________ 092222-GNR
Rev. 3/2022 1
Solicitation Number: RFP #092222

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Generac Power Systems Inc., S45 W29290 Hwy. 59, Waukesha, WI 53189 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 22, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Attachment: B
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer used, close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected and subject to repair or

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replacement, at Supplier’s sole discretion, pursuant to the applicable warranty. If the damage is not readily apparent at the time of delivery, and provided Sourcewell or its Participating Entities in no way contributed to such damage, Supplier must permit the Equipment and Products to be repaired or replaced within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Inspection for shipping damage must occur within 24 hours of receipt in order to pursue carrier-related damages. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition if such condition is not repaired by Supplier under Supplier’s warranty.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

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x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this

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Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

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7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and

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Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

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C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any negligent acts or omissions, or intentional misconduct, of Supplier, or Supplier’s agents or employees, in the performance of this Contract; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications and applicable operating documentation. Notwithstanding any other provision of this Contract, in no event shall Supplier be liable for consequential, special, or indirect damages, including, without limitation, damages or losses in the nature of business or service interruption, loss of reputation, loss of anticipated profits or anticipated revenue, or cost of capital. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

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13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

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D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional direct costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

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B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for damages.

If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

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3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the

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Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during

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this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The

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decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations

092222-GNR
Rev. 3/2022 16
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

092222-GNR
Rev. 3/2022 17
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and

092222-GNR
Rev. 3/2022 18
Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to the date of cancellation.

Sourcewell Generac Power Systems
By: __________________________ By: __________________________ Jeremy Schwartz John Semrad
Title: Chief Procurement Officer Title: Director Sales
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________

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Bid Number: RFP 092222 Vendor Name: Generac Power Systems

Bid Number: RFP 092222 Vendor Name: Generac Power Systems Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
69 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.

Our product offerings as related specifically to the scope of the Electrical Energy Power Generation with Related Parts, Supplies, and Services RFP include stationary standby gaseous (LP Vapor/LP Liquid/Natural Gas/Well Gas) and diesel/Bi-Fuel generators ranging in size from 10 kW up to 2000 kW for single units; up to 12 Mega Watt for MPS systems; 3 kW to 17 kW for portable electrical generators, 7 kW to 150 kW for our residential backup/standby generator sets; 8 kW to 500 kW for our mobile (trailer or skid mounted) generators, 2 kW to 20 kW on our light towers; 100 - 5000 amp automatic transfer switches with NEMA1, NEMA3R, NEMA4X and NEMA12 enclosures and several transition options. In addition, we also offer generator-related design, installation, maintenance, and repair services.

Please refer to attachment 12, The Generac Advantage Brochure, as well as attachments 13- 14 to review all the products and services we can offer Sourcewell/Canoe members.
*
70 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
a. Generator
b. Genset
c. Standby Emergency Generators and Generator Sets
d. Stationary Standby Emergency Generators and Generator Sets e. Prime Powered Generators and Generator Sets
f. Diesel Generators
g. Natural Gas Generators
h. LP Generators
i. Bi-Fuel Generators
j. Modular Power Systems (MPS)
k. Gemini®
l. Home Standby Generators
m. Portable Generators
n. Mobile Generators
o. Mobile Light Towers
p. Trailer Mounted Generators
q. Skid Mounted Mobile Generators
r. Trailer Mounted Light Towers
s. Transfer Switches:
i. Open w/Service Entrance Rated
ii. Closed
iii. Closed w/Service Entrance Rated
iv. Bypass Open
v. Bypass Closed
vi. Open
vii. Open-Manual Transfer Switch
*
Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line
Item Category or Type Offered * Comments
71 Stationary electrical generation systems, backup or
standby generator sets, mobile and ground power
units, and trailer mounted generators
Yes
No
Please see Attachment 13 for details on the
products Generac is offering under this RFP. *
72 Parts and accessories, including enclosures, fuel
tanks, automatic transfer switches, paralleling
equipment, switch gears, connection boxes, controls,
alarm modules, batteries, block heaters, and
networking tools
Yes
No
Generac's offerings include enclosures, fuel tanks,
automatic transfer switches, paralleling equipment,
controls, batteries, block heaters, and other
accessories.
*
73 Related services, including design, customization,
engineering, commissioning, installation, delivery,
maintenance, repair, training and operation, service
and maintenance agreements, decommissioning and
repurposing, custom shop work, and rental services
Yes
No
Due to endless number of variables that can be
specific to any one project and/or job site, these
related services would need to be separately
priced and can be offered as open market
services.
*
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Bid Number: RFP 092222 Vendor Name: Generac Power Systems Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Attachment 11 Industriasl & Mobile Price List- Sourcewell.xlsx - Thursday September 22, 2022 10:17:13 Financial Strength and Stability - Attachment 1 & 2 Financial Strength and Stability.pdf - Wednesday September 21, 2022 17:06:05 Marketing Plan/Samples - Sourcewell Proposed Marketing Plan with Samples-Attach 5,5A,5B,12,13,14.pdf - Thursday September 22, 2022 09:43:33
WMBE/MBE/SBE or Related Certificates - Attachment 7 Small Business Certifications.pdf - Wednesday September 21, 2022 17:20:54
Warranty Information - Attachment 8 Warranties.pdf - Wednesday September 21, 2022 17:20:05 Standard Transaction Document Samples - Attachment 9 & 10 Transaction Document Samples.pdf - Wednesday September 21, 2022 17:34:38
Upload Additional Document - Cover Letter with Attachments 3,4,6,15 & Fig 1.pdf - Thursday September 22, 2022 09:44:12

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Bid Number: RFP 092222 Vendor Name: Generac Power Systems

1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 28, 2023
SUBJECT: LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR

STANTON PARK
REPORT IN BRIEF:

In order to continue the License Agreement for Stanton Park (Assessor’s Parcel Numbers 131-091-19 and 131-091-29) between Southern California Edison (SCE) and the City of Stanton, it is necessary to approve the proposed agreement for a term of five (5) years commencing July 1, 2023 and ending on June 30, 2028. The City will pay SCE the sum of $6,713.74 for the term of the contract.

RECOMMENDED ACTIONS:

3. Authorize the City Manager to execute said agreement.

BACKGROUND:

In 1985, the City entered a five (5) year lease with SCE for the use of property as defined by Assessor’s Parcel Numbers 131-091-19 and 131-091-29 (Stanton Park).

On February 27, 2018, the City Council approved Agreement 9.1976 with SCE in order to continue leasing Stanton Park.

Item: 6F
Click here to return to the agenda.
2 ANALYSIS/JUSTIFICATION:

The City wishes to continue the License Agreement with SCE for the use of property as defined by Assessor’s Parcel Numbers 131-091-19 and 131-091-29 (Stanton Park) for community recreational and parkland purposes. The term of the proposed agreement is five (5) years, commencing July 1, 2023 and continuing through June 30, 2028.

FISCAL IMPACT:

The total cost of the five-year agreement is $6,713.74, or $1,342.75 annually. Staff will include $1,342.75 annually in the City’s proposed Operating Budget for Fiscal Years 2023-24 through 2027-28.

ENVIRONMENTAL IMPACT:

This action requested in this report is categorically exempt under the California Environmental Quality Act, Section 15061 (b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment.

LEGAL REVIEW:

The City Attorney has reviewed the Agreement.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 3: Provide a high quality infrastructure.

Prepared by: Cesar Rangel, Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. License Agreement No. 9.1976
SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
-1-
Rev8 2016-05-11 GS-KB

CITY OF STANTON

L I C E N S E A G R E E M E N T

I N D E X O F A R T I C L E S

1. USE

2. TERM

3. CONSIDERATION

4. INSURANCE

5. LICENSOR’S USE OF THE PROPERTY

6. LICENSEE’S IMPROVEMENTS

7. LICENSEE'S PERSONAL PROPERTY

8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES

9. ACCESS AND CLEARANCES

10. PARKING

11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)

12. FLAMMABLES, WASTE AND NUISANCES

13. PESTICIDES AND HERBICIDES

14. HAZARDOUS WASTE

15. SIGNS

16. FENCING AND EXISTING FIXTURES

17. PARKWAYS AND LANDSCAPING

18. IRRIGATION EQUIPMENT

19. UNDERGROUND TANKS

20. UNDERGROUND FACILITIES

21. UTILITIES

22. TAXES, ASSESSMENTS AND LIENS

23. EXPENSE

24. ASSIGNMENTS

25. COMPLIANCE WITH LAW

26. GOVERNING LAW

27. INDEMNIFICATION

28. TERMINATION

29. EVENTS OF DEFAULT

30. REMEDIES

31. LICENSEE’S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION

32. LIMITATION OF LIABILITY

33. NON-POSSESSORY INTEREST

34. WAIVER

35. AUTHORITY

36. ELECTRIC AND MAGNETIC FIELDS
Attachment: A
Click here to return to the agenda.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
-2-
Rev8 2016-05-11 GS-KB

37. INDUCED VOLTAGES

38. NOTICES

39. RECORDING

40. COMPLETE AGREEMENT

41. SIGNATURE AUTHORITY

42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS

ADDENDUM(S)

PARKING

PARK USE
TREES

TREES/LANDSCAPING
SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
-3-
Rev8 2016-05-11 GS-KB

LICENSE AGREEMENT
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and CITY OF STANTON, called "Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property” on the Exhibit "A" attached hereto and made a part hereof, being all of Assessor’s Parcel Numbers 131-091-19 and 131-091-29, situated in the City of Stanton, County of Orange, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.

Acknowledgment of License and Disclaimer of Tenancy
Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the “License Privilege”). Licensee further acknowledges and agrees that:
● The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels. ● Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.
● The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property.
● Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement.
● In consideration of Licensor’s grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License. ● Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
-4-
Rev8 2016-05-11 GS-KB

1. Use: Licensee will use the Property for park and public recreation purposes only.

Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee’s use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30.

2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of July, 2023 and ending on the last day of June, 2028. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason.

3. Consideration: Licensee will pay to Licensor the sum of Six Thousand Seven Hundred Thirteen and 74/100 Dollars ($6,713.74) upon the execution and delivery of this Agreement for the full term of this Agreement. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor.

All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20% of the amount that was due on the date.

All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department – Accounts Receivable.

4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance:
(a) Workers’ Compensation with statutory limits, under the laws of the State of California and Employer’s Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee’s negligent acts or omissions; (ii) be primary for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Property.
(d) Self - Insurance: Licensee may self-insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self-insurance is maintained SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
-5-
Rev8 2016-05-11 GS-KB
under a self-insurance program reasonably satisfactory to Licensor. Park and recreation use is an approved Secondary Use Category; Licensee may submit written verification of self-insurance to meet the above insurance requirements.

The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 “Notices”, at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days’ prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor.

5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor’s activities under this Article.

6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee’s conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor’s existing or potential operating needs or Licensee’s proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever.

To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor’s use of the Property.

Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care.

At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor’s right to terminate in accordance with Articles 28, and/or 30.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
-6-
Rev8 2016-05-11 GS-KB

7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee’s personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.

Licensee shall be responsible for any damage to the Property and/or Licensor’s personal property arising out of Licensee’s activities on the Property, including its use and/or removal of Licensee’s personal property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee’s personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee’s personal property at any time. (ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement.

Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such nonparty’s personal property.

8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearances from all overhead electrical conductors as designated in the table below:

Vehicle/ Equipment Vertical Clearance
500 kV 35 feet
220 kV – 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet
All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee’s expense, any tree and/or other planting.

9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:
a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
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NOTE: Additional clearance may be required by Licensor for structures.

10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor.

11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.

12. Flammables, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee will not, or allow others, to place, use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done.

Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances.

Licensee will not permit dogs on the Property.

13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, and all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law.

14. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.

15. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor.

Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee’s use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.

16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width, and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
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17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.

18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.

19. Underground and Above-Ground Tanks: Licensee will not install underground or aboveground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval.

20. Underground Facilities: Any underground facilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.

Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.

21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.

22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law.

23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.

All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things.

24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party.

25. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
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employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision.

26. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California.

27. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.

28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee’s failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non-payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement

29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee:
(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency for Licensee’s activities under this Agreement. (e) Any attempt to exclude Licensor from the licensed premises. (f) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
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(g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof.
(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property.
(i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement.

30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee.

31. Licensee’s Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee’s sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee’s use of the Property, in a manner satisfactory to Licensor.

If Licensee fails or refuses to remove any of Licensee’s personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee’s personal property.

Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee’s personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee’s use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor’s initial use of the Property.

Licensee agrees to pay such expenses to Licensor upon demand.

32. Limitation of Liability:

IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,

WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
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AGREES TO LIMIT LICENSOR’S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR’S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE’S PERSONAL PROPERTY,

BUILDING(S), STRUCTURE(S) OR FIXTURE(S) AFTER THE TERMINATION OR EXPIRATION OF

THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.

FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE’S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,

LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,

LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT.

33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.

34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor’s acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor’s termination of the Agreement.

35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor’s own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor’s service to its patrons or consumers, it shall appear necessary or desirable to do so.

Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor’s rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities.

36. Electric and Magnetic Fields (“EMF”): There are numerous sources of power frequency electric and magnetic field (“EMF”), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns.

While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
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range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.

Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property.

37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the “Structures”) in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as “Induced Voltages”) unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense.

Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor’s own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures.

38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows:

To Licensor: Southern California Edison Company
Vegetation & Land Management
Land Management – Southern Region
2 Innovation Way
Pomona, CA 91768
To Licensee: City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Business Telephone No. (714) 379-9222
SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
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Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.

39. Recording: Licensee will not record this Agreement.

40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties.

41. Signature Authority: Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein.

42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.

LICENSOR:

SOUTHERN CALIFORNIA EDISON COMPANY
By___________________________________________

CAROLINA BEDOLLA
Real Estate Specialist
Land Management – Southern Region
Vegetation & Land Managment
_____________________
Date
LICENSEE:

CITY OF STANTON
By___________________________________________
HANNAH SHIN-HEYDORN, City Manager
_____________________
Date
SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
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APPENDIX
Guidelines for Standard Licensee Improvements
The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as “Licensor” for consideration and approval prior to the start of any construction on “Licensor” property.

Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent “Licensor” towers, poles, guy wires or other “Licensor” facilities.

The plan must show the locations of all “Licensor” towers and poles, 16-foot wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a “north arrow” and the Licensee’s name.

SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants)

1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shade structures will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles

3. Shade structures must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
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SHADEHOUSES/HOTHOUSES
(Definition: A simple, non-flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)

1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles

3. Shadehouses/hothouses must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer d. Covering must be non-flammable and manufactured with non-hydrocarbon materials

GREENHOUSES
(Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis.

IRRIGATION SYSTEMS / WELLS

1. Maximum diameter of pipe: 3 inches

2. All pipe must be plastic Schedule 40 or better

3. No irrigation system will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50 -foot radius around suspension tower legs, H-Frames and poles SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
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c. 100-foot radius around dead-end tower legs, H-Frames and poles

4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way

5. Suitable identification markers will be required on main controllers and valves

6. Locations of main shut off valve will be provided and shown on a plot plan

7. Underground facilities must have a minimum cover of three feet

8. Earth disturbed must be compacted to ninety percent (90%)

LANDSCAPING

1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the “drip line” of the conductors

2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet

3. Placement of large rocks (boulders) must be approved in writing by Licensor

4. Any mounds or change of grade must be approved in writing by Licensor

5. No cactus or thorny shrubs will be permitted

6. Retaining walls, planters, etc. may be considered on a case by case basis and must be approved in writing by Licensor
TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor’s prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria:
a. Must have axles and wheel and be able to be moved
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet

2. No trailers will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles e. Under or within 10 feet of the conductor “drip lines” SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
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3. Sewer or gas lines to trailers must be approved in writing by Licensor

4. Location of all electrical and telephone lines must be approved in writing by Licensor

5. Electrical lines must be installed by a licensed -general contractor.

6. Trailers shall not be used for residential purposes

7. Toxic or flammable materials will not be permitted in trailers

8. Adequately grounded by a licensed -general contractor

PARKING AREAS
Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the “drip lines” without Licensor’s prior written approval. Parking spaces to be identified under the approved site plan. “No Parking” striping may be required in areas where additional clearance is required.

MATERIAL STORAGE

1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities.

2. Licensee must provide Licensor with a list of material stored on the right of way

3. No toxic or flammable materials will be permitted

4. No materials shall be stored within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50 - foot radius around suspension tower legs, H-Frames and poles c. 100 - foot radius around dead-end tower legs, H-Frames and poles d. 25 feet from anchors/guy wires, poles and wood poles

5. Storage of materials not to exceed a maximum height of 15 feet

6. No storage of gasoline, diesel or any other type of fuel will be permitted

7. Any fencing around the storage areas must have Licensor’s prior written approval.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
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A D D E N D U M

PARKING
A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property.

B. Licensor only allows overflow parking. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency.

C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and/or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor.

D. At any time, Licensor may require removal, modification, or relocation of any portion of the parking improvements. At Licensee’s sole expense, Licensee will remove, modify, or relocate same to a location satisfactory to Licensor, within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor.

E. Parking will be permitted in designated areas only. Unless prior written approval is received from Licensor, no parking will be permitted under or within ten (10) feet of the “drip line” of Licensor's overhead electrical conductors.

F. All parking spaces and parking improvements are to be identified on a site plan and submitted to Licensor to obtain prior written approval from Licensor.

G. Bollards, K-rails, or “No Parking” striping may be required to protect Licensor’s structures or in areas where additional clearance is required.

H. The Licensee’s parking area shall not interfere with the Licensor’s minimum access road requirements.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
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A D D E N D U M

PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any improvements, including any subsequent modifications. Licensee will maintain all improvements in a safe condition satisfactory to Licensor.

B. At any time, Licensor may require the removal, modification, or relocation of any portion of the improvements. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor.

C. Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, that identify all existing and proposed improvements.

D. At Licensee’s expense, Licensee will post signs at all access points to the Property that read: “No Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV’s or Drones), or Metallic Balloons Permitted, High Voltage Wires Overhead.”
E. At Licensee’s expense, Licensee will post signs at all access points of the Property that read: “No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted.” F. At Licensee’s expense, Licensee will post signs at all access points of the Property that read:
“Dogs are required to be on leash at all times.”
G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public or for maintenance of Licensor’s facilities. If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property.

H. At Licensee’s expense, Licensee will install removable post-type barriers designed to accommodate Licensor’s locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off-road vehicles, and “all-terrain” vehicles.

I. Trespass discouragers shall be installed on Licensor’s towers. The discourager installation will be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor’s direct and indirect costs associated with the engineering, purchase, and installation of the discouragers.

All towers shall be equipped with signs so worded as to warn the public of the danger of climbing the towers. Such signs shall be placed and arranged so that they may be read from the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet above the ground except where the lowest horizontal member of the tower or structure is more than 20 feet above the ground in which case the sign shall be not more than 30 feet above the ground.

J. Licensee must design and construct all walkways, underground sprinkler systems, lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.

A D D E N D U M
SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
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A D D E N D U M
TREES

1. Licensee agrees and accepts full responsibility for the maintenance and/or removal of existing trees/shrubs located on the licensed property. All costs associated with the maintenance and/or removal of trees/shrubs will be the sole burden of Licensee.

2. Periodically, the licensed area will be inspected by Licensor, and upon determination that any tree/shrub requires trimming or removal; Licensee will be notified and provided with a cost estimate for the required work to be done by Licensor’s contractor.

3. Licensee has the option of using Licensor’s contractor or choosing their own; however failure of Licensee to contact Licensor within 30 days of notice indicating their choice, will result in licensor’s contractor performing the work and billing Licensee for the costs. Should Licensee decide to perform the work, all work must be completed within 60 days of written notice. Failure to do so will result in Licensor’s contractor performing the work and billing Licensee.

4. Trees/shrubs will be maintained at maximum 15’ height limit. Failure to do so will require removal at Licensee’s expense.

5. Upon expiration or cancellation of License Agreement, or sale of your adjacent property to a new owner, Licensee agrees to remove all trees/shrubs at the sole expense of Licensee.

6. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees/shrubs within licensed area.

SCE Doc. 153788 and 156816 Att. Contract No. 9.1976
(Formerly Contract No. L2056)
Initial (_______)/(_____/______)
Licensor/Licensee
- 8 -
2014.12.01_V11-GS-KB

A D D E N D U M

TREES/LANDSCAPING
A. Existing landscaping improvements (trees, plants, and shrubs) have been inspected and approved by Licensor. This written approval may be modified and/or rescinded by Licensor for any reason whatsoever.

B. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without any compensation from Licensor.

C. Licensee agrees and accepts full responsibility for the maintenance and/or removal of all trees, plants, and shrubs (vegetation) located on the property. All costs associated with the maintenance and/or removal of trees/vegetation will be the sole burden of Licensee.

D. Periodically, the Property will be inspected by Licensor, and upon determination that any tree/vegetation requires trimming or removal, Licensee will be notified by Licensor. Failure by Licensee to trim or remove said tree/vegetation in the time allotted, that results in Licensor’s contractor performing the work, Licensee will be billed by Licensor for the contractor’s expense; and Licensee may be subject to termination under the terms and conditions of the Permit or License.

E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet in height.

F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee’s expense.

G. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees, plants, or shrubs within the Property. If additional authorization is requested by Licensee and prior written authorization is received by Licensor, no tree or plant species that is protected by federal or state law shall be planted within Licensor’s land and no cactus or thorny shrubs/plants will be permitted.

H. Any improvements or alterations, including retaining walls, planters, placement of large rocks, etc. and any mounds or changes of grade, require prior written approval by Licensor.

I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor.

J. Upon permit or license termination, Licensee agrees to remove all trees/vegetation and improvements and restore the Property to a condition satisfactory to Licensor, at the sole expense of Licensee.

ORDINANCE NO. 1127
PAGE 1 OF 16
ORDINANCE NO. 1127

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 20.400.330 OF THE STANTON MUNICIPAL CODE

REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS TO ENSURE CONSISTENCY WITH STATE REGULATIONS WHEREAS, on October 9, 2019, Governor Gavin Newsom signed Senate Bill (“SB”) 13, Assembly Bill (“AB”) 68, and AB 881 into law, which amended Government Code sections 65852.2 and 65852.22 and added Health and Safety Code section 17980.12. Collectively, these bills established new Statewide requirements for the development and use of accessory dwelling units (“ADUs”) and junior accessory dwelling units (at times herein referred to as “Junior ADUs,” and at others generally as “ADU”). Thereafter, AB 3182 further amended California Government Code section 65852.2’s ADU and JADU standards; and
WHEREAS, in response to these changes in state law, the City adopted Ordinance 1108 to amend and update Stanton Municipal Code Section 20.400.330 (Accessory Dwelling Units). As permitted under state law, Ordinance No. 1108 included, among other things, objective standards pertaining to the size, location, height, and architecture of ADUs in the City; and
WHEREAS, on September 28, 2022, Governor Gavin Newsom signed Senate Bill (“SB”) 897 into law, which further amended Government Code sections 65852.2 and 65852.22, added section 65852.23, and amended Health and Safety Code section 17980.12. This bill established new Statewide requirements for the development of ADUs and JADUs; and
WHEREAS, City staff has determined that further amendments and revisions to the City’s regulation of ADUs and JADUs are necessary and appropriate to comply with state law, add additional clarity, and protect the health, safety, and welfare of the community; and WHEREAS, staff and the City Attorney prepared the proposed Ordinance, including the proposed language and terminology, and any additional information and documents deemed necessary for the Planning Commission to take action; and WHEREAS, on January 18, 2023, the Planning Commission conducted and concluded a duly noticed public hearing concerning the Zoning Text Amendment contained herein as required by law and received testimony from City staff and all interested parties regarding the proposed amendments and recommended that the City Council adopt the amendments; and
Item: 8A
Click here to return to the agenda.

ORDINANCE NO. 1127
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WHEREAS, on February 14, 2023, the City Council conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein as required by law and received testimony from City staff and all interested parties regarding the proposed amendments; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Amendment to SMC Section 20.400.330. The City Council of the City of hereby amends Stanton Code Title 20, Zoning, Section 20.400.330, Accessory Dwelling Units, and restates it to read as follows:

Section 20.400.330 Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection C(7) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

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a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. Refer to Section 20.700.070.

3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. “Efficiency kitchen” means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the singlefamily structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. It includes an efficiency kitchen, as defined in subsection C(4) above.

6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

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8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-family Lot: One ADU as described in this subsection D(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the singlefamily dwelling; and iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
iv. The JADU complies with all the requirements of Gov. Code section 65852.22.
b. Limited Detached on Single-Family Lot. One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D(1)(a) above), if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet.

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ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit provided in subsection E(2) below.
c. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, and up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection E(2) below.

2. ADU Permit.
a. Except as allowed under subsection (D)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below. b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Director and approved by the City Council by resolution.

3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

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b. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D(3)(b) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D(1) or D(2) above:

1. Location.
a. An ADU or JADU subject only to a building permit under subsection D(1) above may be created on a lot in a residential or mixed-use zone.
b. An ADU or JADU subject to an ADU permit under subsection D(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Height.
a. Except as otherwise provided by subsections E(2)(b) and E(2)(c) below, a detached ADU created on a lot with an existing or proposed ORDINANCE NO. 1127
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single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

Notwithstanding the foregoing, ADUs subject to this subsection E(2)(d) may not exceed two stories.
e. For purposes of this subsection E(2), height is measured above existing legal grade to the peak of the structure.

3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. Subject to Government Code Section 65852.26, an ADU or JADU may be rented long-term, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

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6. Septic System. If the ADU or JADU will connect to an onsite watertreatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. Unless applicable law requires otherwise, all ADUs that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine ORDINANCE NO. 1127
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whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Building & Safety.
a. Must comply with building code. Subject to subsection E(9)(b) below, all ADUs and JADUs must comply with all local building code requirements.
b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E(9)(b) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for
nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D(2) above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

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b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F(1)(b) above or of an FAR, lot coverage, front setback, or openspace requirement may require the ADU to be less than 800 square feet.

2. Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed, subject to subsection F(1)(c) above:

FAR/Target Range General
GLMX
North Gateway
NGMX
South Gateway
SGMX
Target Density
Range
Density range for residential uses expressed as dwelling units per NET acre.

Residential Uses 25 - 45 du/ac 25 - 45 du/ac 30 - 60 du/ac Target Intensity
Range Floor area ratio (FAR) for nonresidential uses
Nonresidential Uses
(1)

1.0 - 2.0 1.0 - 2.0 1.5 - 3.0

3. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed the following coverage, subject to subsection F(1)(c) above.

Lot Coverage RE RL RM RH
Interior Lot 30% 40% 50% 65%
Corner Lot 35% 45% 50% 65%

4. Impervious surface coverage. Maximum percentage of the total gross lot area that may be covered by structures and impervious surfaces shall not exceed 70 percent, subject to subsection F(1)(c) above.

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5. Setbacks.
a. Front-yard setback.
i. Subject to subsection F(5)(a)(ii), no part of any ADU subject to this subsection F may be located within 25 feet of the front property line.
ii. If the front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may
encroach into the required front yard setback as necessary to enable the construction of an 800 square foot unit.
b. An ADU that is subject to this subsection F must conform to 4-foot side-and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

6. Passageway. No passageway, as defined by subsection C(8) above, is required for an ADU.

7. Parking.
a. Generally. One off-street parking space is required for each ADU.

The parking space may be provided in setback areas or as tandem parking, as defined by subsection C(11) above.
b. Exceptions. No parking under subsection F(7)(a) is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C(10) above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence (single-family converted ADUs, not multifamily converted) or an accessory structure under subsection D(1)(a) above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.

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v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F(7)(b)(i) through F(7)(b)(v) above.
c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

G. Fees. The following requirements apply to all ADUs that are approved under subsections D(1) or D(2) above.

1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection G(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

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b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.
a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

b. Except as described in subsection G(2)(a), converted ADUs on a single-family lot, created under subsection D(1)(a) above, are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required unless the ADU is constructed with a new single-family home.
c. Except as described in subsection G(2)(a), all ADUs not covered by subsection G(2)(b) above require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainagefixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

ORDINANCE NO. 1127
PAGE 14 OF 16
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU ordinance (section 20.400.330).
b. Exceptions.
i. Notwithstanding subsection H(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. ii. Subsection H(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California
Health and Safety Code section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A though H(2) of this section may be allowed by the City with a use permit, in accordance with Chapter 20.550.

J. Restricted Areas. ADUs or JADUs shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an ADU may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority’s Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless: (a) one on-site parking space is provided for each bedroom included in the ADU; and (b) replacement on-site parking spaces are provided for any parking spaces that are lost or converted to accommodate the ADU.

Effect of Restatement. All restated, unamended provisions of the Stanton Municipal Code that are repeated herein are repeated only to aid decision makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council of the City of Stanton declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this ordinance are declared invalid.

ORDINANCE NO. 1127
PAGE 15 OF 16
CEQA. The City Council determines that the adoption of this Ordinance is exempt from additional environmental review under California Public Resources Code Section 21080.17, which exempts the adoption of an accessory dwelling unit ordinance to implement the provisions of Section 65852.2 of the California Government Code.

Adoption, Certification, and Publication. The City Clerk of the City of Stanton shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law. This Ordinance shall take effect 30 days after its adoption.

SECTION 7. SUBMISSION TO HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

PASSED, APPROVED, AND ADOPTED this 28th day of February, 2023.

DAVID J. SHAWVER, MAYOR
ATTEST:

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

HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1127
PAGE 16 OF 16

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. 1127 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 14th day of February, 2023 and was duly adopted at a regular meeting of the City Council held on the 28th 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
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 28, 2023
SUBJECT: AUTHORIZATION FOR COUNCIL MEMBERS TO ATTEND UPCOMING

MEETINGS AND EVENTS
REPORT IN BRIEF:

Pursuant to the City of Stanton Travel and Reimbursement policy, a Council Member must receive City Council approval prior to a trip if the trip will exceed $500. Council will consider the following requests for travel:
• Mayor David J. Shawver
o Event: Public-Private Partnership Conference & Expo
o Location: Dallas, TX
o Dates: March 6 – 8, 2023
• Mayor David J. Shawver
o Event: League of California Cities 2023 City Leaders Summit o Location: Sacramento, CA
o Dates: April 12 – 14, 2023
• Mayor Pro Tem Hong Alyce Van
o Event: League of California Cities 2023 City Leaders Summit o Location: Sacramento, CA
o Dates: April 12 – 14, 2023
• Council Member Donald Torres
o Event: League of California Cities 2023 City Leaders Summit o Location: Sacramento, CA
o Dates: April 12 – 14, 2023
RECOMMENDED ACTION:

2. Authorize Council Members attendance at the proposed meetings and events as desired and authorize staff to make a budget adjustment as needed to cover registration and travel costs.

Item: 9A
Click here to return to the agenda.
2 ANALYSIS/JUSTIFICATION:

The League of California Cities (Cal Cities’) 2023 City Leader Summit is scheduled for April 12 - 14, 2023 in Sacramento. The City Leaders Summit is a unique advocacy and education event. During the event, city leaders will spend a full day meeting with legislators to discuss the most pertinent issues affecting their cities and attend two days of in-depth educational sessions to explore local solutions to statewide problems.

The 2023 Public-Private Partnership Conference & Expo is scheduled for March 6 – 8, 2023 in Dallas, Texas. The Conference & Expo has been designed to help attendees plan and procure successful P3 initiatives, understand best practices in selecting and negotiating with prospective partners, and take the proper steps to ensure project success.

FISCAL IMPACT:

The per person cost to attend the League of California Cities 2023 City Leader Summit is as follows:
• Registration: $625
• Hotel (3 nights): $800
• Self-parking (3 nights): $75
• Flight (as of 2/21/23): $200
• Per diem (3 days): $270
• Transportation:
o Uber/Lyft $100
o Car rental $400
TOTAL: $1,995 – $2,370 (dependent upon transportation)
TOTAL X 3: $5,985 – $7,110 (dependent upon transportation) The per person cost to attend the 2023 Public-Private Partnership Conference & Expo is as follows:
• Registration: $595
• Hotel (3 nights): $500
• Self-parking (3 nights): $75
• Flight (as of 2/21/23): $600
• Per diem (3 days): $270
• Transportation:
o Uber/Lyft $100
o Car rental $400
TOTAL: $2,065 – $2,440 (dependent upon transportation)
3 The Fiscal Year 2022-23 Adopted Operating Budget includes $11,000 in Account No. 101-1100-607110 for City Council Travel/Conference/Meetings. To-date, $6,785 has been expended, leaving a remaining balance of $4,215.

Utilizing the highest estimates, the fiscal impact of approving all requests is approximately $9,550. Utilizing the remaining balance of $4,215 would leave a funding gap of $5,335. Council may wish to authorize staff to make a budget adjustment to cover the funding gap. This would then expend all available resources in the City Council Travel/Conference/Meetings budget for the remainder of the fiscal year through June 30, 2023.

ENVIRONMENTAL IMPACT:

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).

PUBLIC NOTIFICATION:

Through the normal agenda process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.

Prepared by: Patricia A. Vazquez, City Clerk
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn
Attachments:

A. Cal Cities’ 2023 City Leaders Summit Announcement
B. 2023 Public-Private Partnership Conference & Expo
Join us at the City Leaders Summit, April 12-14 in Sacramento, for three days of advocacy and education, including a day of action at the State Capitol.

As Cal Cities’ premier advocacy event, the City Leaders Summit provides unparalleled opportunities for city leaders to meet directly with legislators about cities’ top priorities, as well as discover solutions for the top issues facing cities.

Session Topics
• Surplus Land Act
• Arts funding
• The future of the Homekey Program
• Emergency medical services
• Leadership
• Inclusionary housing
• Short-term rentals
• And more!
Conference Schedule
Wednesday, April 12
Legislative-Focused Sessions and Meetings at the Capitol 10:00 a.m.-5:00 p.m.

Attachment: A
Click here to return to the agenda.

Legislative Reception
5:30-7:00p.m.

Thursday, April 13
Educational Sessions
8:30 a.m.-5:00 p.m.

Friday, April 14
Educational Sessions
9:00 a.m.-noon
Visit the City Leaders Summit event web page for updates to the schedule. Please review Cal Cities’ event and meeting policies.

Registration
Full conference registration for Cal Cities members starts at $625.

Join Cal Cities to sharpen your skills as you prepare your city for the future. Conference registration grants you full admission to all educational sessions; admission to the Wednesday evening reception, Thursday breakfast and lunch, and Friday breakfast; as well as access to all program materials.

Pre-conference registration closes Wednesday, April 5. After this date, you can register for the conference onsite if space is still available.

Hotel
A limited number of hotel rooms are available at reduced rates for registered attendees. The discounted hotel rate cut-off is Tuesday, March 21. The hotel is subject to sell out prior to the deadline — reserve early! Hyatt Regency Sacramento
1209 L Street
Sacramento, CA 95814
(916) 443-1234
Step One: Register for the conference
Step Two: Book hotel room
Once registration is complete, you will receive a confirmation email directing you to the group housing reservations page.

Group hotel rate (per night): $215 — single/double occupancy (plus taxes and fees)
For more information please visit the Hotel and Travel tab on the City Leaders Summit event web page.

Additional questions?
If you have any questions about registration, please contact Conference Registrar Megan Dunn.

Please direct any other questions to Associate Manager, Event Program Kayla Boutros.

For more information, visit the City Leaders Summit event web page. --MENU
MARCH 6-8, 2023

HYATT RECENCY DALLAS, TX
Attachment: B
Click here to return to the agenda.

More than 1,000 senior representatives from public agencies, airports, higher education institutions, local economic development organizations and leading firms in the global construction, development and financial markets will gather this March in Dallas, TX.

ATTEND 0
The conference attracts senior management from firms in the construction, engineering, architecture, legal and consulting industries as well as public leaders, higher education officers and development agency officials at the municipal, state, and federal levels of government.

EXHIBIT 0
Promote your organization's brand, products, and services directly to the industry. This is your chance to uniquely position your company to the market, gaining the competitive edge to other industry players.

SPONSOR 0
P3C offers quality business connections to the leaders and deal makers in the industry. Sponsorship options fit a spectrum of budgets, and packages are exclusive opportunities to provide targeted, creative and direct advertising to maximize exposure and outreach to our audience.

WHERE PARTNERSHIPS BEGIN
Public-private partnerships are delivering critical infrastructure across the country. Today these partnerships provide communities with new tools and strategies to address their infrastructure needs.

The Public-Private Partnership Conference & Expo unites leaders from states and localities, higher education institutions, and public agencies, with industry to discuss infrastructure challenges faced nationwide; and how innovations in project delivery, procurement, life cycle asset management, and technology can help solve critical issues. 2022 marked the 10th anniversary of the Conference.

Check out the video below to hear directly from past attendees why P3C is the place to be! Why Attend P3C? Let's L. ..
40+

SESSIONS
1000+

PARTICIPATING DELEGATES

WHO ATTENDS

DEVELOPERS INVESTORS BUILDERS

HIGHER EDUCATION OFFICERS
150+

SPEAKERS
3 DAYS OF NETWORKING

SERVICE PROVIDERS

PUBLIC LEADERS

AGENCY OFFICIALS - MUNICIPAL, STATE, & FEDERAL
LEARN MORE+

BRIDGING THE FULL PARTNERSHIP

TRAJECTORY

PRE-AWARD PLANNING
Assessing the feasibility of a P3 project - what type of projects are best served? Identifying the merits and risks of P3 delivery structures Defining project requirements and identifying appropriate project delivery models

TEAMWORK & COLLABORATION
The importance of early engagement with private partners Integration tools and techniques that enhance collaboration Risk balance and expectation management

ADVANCED PROJECT DELIVERY
Risk identification, mitigation, and tradeoff strategies Asset monetization of non-core infrastructure assets using P3s Financing solutions and value propositions under the P3 model 1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 28, 2023
SUBJECT: APPROVE THE BUDGET ADJUSTMENTS PROPOSED FOR THE MIDYEAR BUDGET UPDATE FOR FISCAL YEAR 2022/23; AND RATIFY

PURCHASE FROM CONTINENTAL COMPUTERS
REPORT IN BRIEF:

During the course of the fiscal year, it is often necessary to adjust estimated revenues and expenditure appropriations in various program areas, projects, and funds. All of the proposed changes to the Fiscal Year 2022/23 Adopted Operating Budget, including detailed explanations, are presented in Attachment A.

RECOMMENDED ACTIONS:

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. City Council approve the budget adjustments summarized in Attachment A; and

3. Ratify the payment of $41,274.46 to Continental Computers/WLAN Mall for the Blue Light Camera Program.

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

Attachment B illustrates the impact of the proposed adjustments to each fund’s revenue account. Attachment C illustrates the impact of the proposed adjustments to each fund’s expenditure account. Attachment D summarizes the impact of the proposed adjustments to the City’s Capital Improvement Program (CIP) for the current fiscal year.

Finally, Attachment E illustrates the impact of the proposed adjustments on each fund’s fund balance and includes a revised projected ending fund balance for June 30, 2023.

ANALYSIS:

General Fund Revenues (Attachment B)
The City’s General Fund is reported in two funds, #101 (for the main General Fund activity) and #102 (for the Transaction & Use Tax Fund, i.e., Measure GG, activity). A summary of General Fund revenues is as follows:

Description
Amended
Budget
Proposed
Adjustment Elimination*
Revised
Budget
% of
Total
Property Taxes $ 8,412,650 $ 421,880 $ 8,834,530 29.7%
Sales Taxes 5,232,000 247,200 5,479,200 18.4%
Franchise Fees 1,177,000 90,430 1,267,430 4.3%
UUT 1,961,000 1,961,000 6.6%
Other Taxes 1,388,000 (530,000) 858,000 2.9%
Intergovernmental 357,200 157,350 514,550 1.7%
Charges for Services 294,030 (90,400) 203,630 0.7%
Fees and Permits 2,947,850 (100,000) 2,847,850 9.6%
Fines and Forfeitures 351,700 351,700 1.2%
Use of Money & Property 321,355 6,000 327,355 1.1%
Other Revenue 166,935 166,935 0.6%
Transfers In 737,000 207,730 (200,000) 744,730 2.5%
Sub-total 23,346,720 410,190 (200,000) 23,556,910
Transaction and Use Tax 5,805,000 339,000 6,144,000 20.7% Total General Fund Revenues $ 29,151,720 $ 749,190 $ (200,000) $ 29,700,910 100.0% * - Transfer from Transaction & Use Tax Fund to General Fund for Rodeo 39 loan repayment.

Sales Tax and Transaction & Use Tax (39% of total General Fund revenues) – The largest funding source for the General Fund are sales tax and transaction and use tax revenues. When the Fiscal Year 2022/23 Budget was adopted, the City’s consultant, HdL, Inc. estimated sales tax and transaction and use tax would increase by 2%, and 6%, respectively, in Fiscal Year 2022/23. (The higher increase in Measure GG tax is 3 due to sales conducted at businesses located outside the City limits that are delivered to Stanton such as online purchases and vehicles purchased by Stanton residents.) However, retail activity has performed stronger than expected. As of September 30, 2022 (the most recent sales tax information available), retail sales in Stanton were 6% higher during the quarter ended September 30, 2022, compared to the same quarter the previous year. The two industries experiencing the highest growth in Stanton are the restaurants and hotel industry and the fuel and service stations industry. Increasing prices for groceries, higher wages, and rising menu prices are contributing factors to the increase in sales and Measure GG taxes received from restaurants. Crude oil prices increased over 60% in the last year, which is resulting in more tax revenue from gas stations. The City’s consultant revised their Fiscal Year 2022/23 sales tax and transaction and use tax revenue estimates. Consequently, sales tax and transaction and use tax estimates are increasing by $247,200 and $339,000, respectively, for a total revenue increase of $586,200. This increase is offset by an appropriation of $225,000 for the repayment of the economic development loan to Rodeo 39 Public Marketplace LLC.

Property Taxes (30% of General Fund revenues) – Property taxes are the second largest funding source for General Fund operations. The County collects property taxes in April and December. The County’s website posts the amount of secured and unsecured property taxes that will be levied for Fiscal Year 2022/23, which is based on the assessed valuation of properties as of January 1, 2022. The City’s Fiscal Year 2022/23 Budget estimated a 5% increase in assessed valuation. Total Fiscal Year 2022/23 estimated property tax revenue is increasing by $421,880, primarily due to adjusting redevelopment-related property tax revenue (pass-through and residual) based on Fiscal Year 2021/22 actuals.

Franchise Fees (7% of General Fund revenues) – This category consists of franchise fees the City receives from cable TV, electric, gas, refuse, and water service providers.

The fees are assessed at 5% of gross receipts. Staff is proposing an adjustment to increase revenues by $90,430 to reflect the timing difference of Fiscal Year 2021/22 cable TV franchise fee revenues that were collected late (during Fiscal Year 2022/23).

Other Taxes (3% of General Fund revenues) – This category includes transient and occupancy tax (TOT), cannabis tax, and business license tax revenue. The original TOT revenue estimate used for the Fiscal Year 2022/23 Budget projected an increase of 3% from the Fiscal Year 2021/22 budgeted amount. However, Fiscal Year 2021/22 actual TOT revenue exceeded the Fiscal Year 2021/22 budget by approximately $81,000. The Fiscal Year 2022/23 Budget expected $620,000 in cannabis tax revenue from four cultivation and one retail businesses. However, none of the businesses are opened for business as of the date of this staff report. As a result, staff is reducing the Fiscal Year 2022/23 cannabis tax estimate by $570,000. (In addition, the $10,000 of cannabis business renewal permit fees are also eliminated from the Fiscal Year 2022/23 revenue projections.)
4 Intergovernmental Revenue (2% of General Fund revenues) – This category includes federal, state, and local grant revenues, as well as funds from the County of Orange for the City’s share of waste disposal revenue and the City’s share of public safety sales tax revenue. The proposed increase of $157,350 in this category is to reflect an increase in the City’s share of Proposition 172 public safety sales tax revenue ($7,350) due to increased County-wide retail sales activity and the 2020 Local Early Action Planning (LEAP) grant the City received from the State Department of Housing and Urban Development ($150,000). This grant is offset by an expenditure adjustment of $150,000 to fund the Beach Boulevard Specific Plan project.

Charges for Services (1% of General Fund revenues) – This category consists of revenue from other funds for their share of General Fund overhead costs. These charges are based on each fund’s percentage of budgeted full-time salaries. It also includes reimbursement from the Successor Agency and North Orange County Public Safety Collaborative for administrative staff time. The Fiscal Year 2022/23 revenue estimate is decreasing by $90,400 to adjust the administrative cost allowance from the Successor Agency to agree with the Amended Last and Final Recognized Payment Obligation Schedule (a reduction of $17,000) and to eliminate the reimbursement from the North Orange County Public Safety Collaborative (Collaborative) for six months of the Assistant to the City Manager position ($73,400). The Collaborative is funding the full cost of the Assistant to the City Manager position in Fiscal Year 2022/23.

Consequently, the cost of the Assistant to the City Manager position is removed from the General Fund’s budget (a reduction of $174,931 in General Fund expenditures).

Fees and Permits (10% of General Fund revenues) – This category consists of fees charged to fund City services in building, engineering, and community services. Staff proposed an adjustment to decrease revenues by $100,000. As previously discussed, $10,000 is to eliminate cannabis business renewal permit fees that will not be collected in Fiscal Year 2022/23. The remaining reduction of $90,000 is related to additional revenue anticipated from a new CR&R solid waste agreement to help fund the City’s consulting costs for SB 1383. However, this additional revenue is no longer anticipated in Fiscal Year 2022/23 as the negotiation of a new solid waste agreement is still ongoing at this time.

Fines and Forfeitures (1% of General Fund revenues) – This category consists of fines charged to individuals for violating State law and the City’s Municipal Code. An adjustment is proposed to reduce these revenues by $70,770 primarily due to lower administrative citations and motor vehicle fines issued during Fiscal Year 2022/23.

Use of Money & Property (1% of General Fund revenues) – This category accounts for revenue generated from the investment of City funds and the renting of City properties. On November 22, 2022, the City Council approved a lease agreement with the Public Cable Television Authority (PCTA) to lease the facility at Dotson Park from January 1, 2023, through December 31, 2023. As a result, an adjustment is proposed to increase revenue in this category by $6,000 to reflect the rent income anticipated through June 30, 2023.
5 Transfers In (3%) – An adjustment is proposed to increase this revenue by $7,730 to reflect additional assessment revenue available from the Fire Protective Services Tax Fund to reimburse the General Fund for fire protection services costs provided by the Orange County Fire Authority (OCFA).

General Fund Expenditures (Attachment C)
A summary of General Fund expenditures is provided in the following table:

Description
Amended
Budget
Proposed
Adjustment Elimination*
Revised
Budget
% of
Total
General Fund (#101)
Administration $ 2,169,840 $ 98,659 $ 2,268,499 7.7%
Finance 976,450 976,450 3.3%
Public Safety 13,986,370 (627,415) 13,358,955 45.4%
Public Works 2,906,380 12,500 2,918,880 9.9%
Community Development 1,466,280 110,710 1,576,990 5.4%
Community Services 1,290,775 1,290,775 4.4%
Non-Departmental 165,000 225,000 390,000 1.3%
Transfers Out 325,715 325,715 1.1%
Sub-total 23,286,810 (180,546) 23,106,264
Transaction & Use Tax Fund (#102)
Finance $ 6,300 $ 6,300 0.0%
Public Safety 5,648,700 678,600 6,327,300 21.5%
Non-Departmental 150,000 (150,000) - 0.0%
Transfers Out - 200,000 (200,000)
Sub-total 5,805,000 728,600 (200,000) 6,333,600
Total General Fund Expenditures $ 29,091,810 $ 548,054 $ (200,000) $ 29,439,864 100.0% * - Transfer from Transaction & Use Tax Fund to General Fund for Rodeo 39 loan repayment.

Revised Fiscal Year 2022/23 General Fund expenditures are increasing by $348,054.

The most significant adjustments increasing General Fund expenditures are:
• Repayment of Rodeo 39 Public Marketplace LLC economic development loan $(225,000);
• Additional City Attorney costs associated with prosecution, code enforcement and public safety issues ($225,000);
• Consulting costs for preparation of the Beach Boulevard Specific Plan ($150,000); and
• Funding for an Interim Human Resources Manager from March 2023 through mid-August 2023, while the current staff is on leave ($48,590).

Lastly, although there is no impact to the General Fund as a whole, the proposed adjustments include shifting $678,600 in law enforcement and fire protection contract costs from the “main” General Fund (#101) to the Transaction & Use Tax Fund in an effort to spend the Measure GG revenues first. In addition, $61,555 in personnel costs 6 are shifted between various Public Works Divisions to reallocate staff time based on actual timesheet activity. (There is $0 impact to the General Fund.) Proposed Adjustments to Revenues and Expenditures in Other Funds Significant revenue and expenditure adjustments in other funds include the following:
• Lighting Maintenance 1919 Act Fund (#224) – An adjustment is proposed to increase revenue by $227,070 for increased property taxes ($97,200) and to reflect a refund received from Southern California Edison for street light electricity savings resulting from the City’s LED conversion project ($129,870). • Air Quality Improvement Fund (#226) – An expenditure of $40,000 is requested to purchase a minivan for the City’s Homeless Outreach program to promote the safety of passengers and City staff during transport.
• ARPA Fund (#257) – An adjustment is proposed to increase expenditures by $241,785, primarily to appropriate funds for the City’s contract with the Boys & Girls Club of Garden Grove for counseling services ($213,120); and personnel costs for staff who were paid Emergency Sick Leave through December 2022 ($31,360).
• Housing Authority Fund (#285) – An adjustment is proposed to increase revenues by $50,000 to align revenue received from the Tina Pacific properties with Fiscal Year 2021/22 actual receipts.

Proposed Adjustments to the City’s Capital Improvement Program (CIP) (Attachment D) The City’s Fiscal Year 2022/23 CIP budget includes $4.5 million of new funding reflected in the Fiscal Year 2022/23 Budget, $11.3 million in carryover funding from Fiscal Year 2021/22, and $1.5 million in other adjustments approved by the City Council between July 2022 and February 2023, for a total amended budget of $17.3 million.

The following adjustments to the City’s CIP are proposed:
• Appropriating $201,419 for the Family Resource Center Phase 2 Improvements Project (Project No. 2023-201), which will be funded with ARPA Funds the City received from the County of Orange in October 2022; • Increasing the budget for the Orangewood Parkette Project by $20,500 for potential project costs (Project No. 2022-203); which will be funded from the Park In Lieu Fund (#310); and,
• Unfunding the Fiscal Year 2022/23 Annual Sewer Rehabilitation Project (Project No. 2023-301).
7 The $550,000 planned for the Fiscal Year 2022/23 Annual Sewer Rehabilitation Project will not occur during the current fiscal year because the Sewer Master Plan Update (Project No. 2022-301) is still ongoing.

Ratification of Payment to Continental Computers (Attachment F) On September 13, 2022, the City Council approved an appropriation of $50,000 from the ARPA Fund for the purchase of blue light safety cameras. On February 9, 2023, staff paid Continental Computers $41,274.46 for this purchase. Staff is requesting City Council ratification of the payment because it exceeds the City Manager’s purchasing authorization.

FISCAL IMPACT:

The fiscal impact of the proposed budget adjustments is summarized in the “Net Impact to Available Fund Balance” column on Attachment A.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 4: Ensure fiscal stability and efficiency in governance.

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

A. Proposed Budget Adjustments
B. Revenues and Transfers In by Fund
C. Operating Expenditures and Transfers Out by Fund
D. Capital Improvement Program (CIP) Expenditures
E. Reserve Balances by Fund
F. Quote from Continental Computers
Net Impact
to Available
Revenue Expenditure Fund
Description Adjustments Adjustments Balance
GENERAL FUND #101
Adjust property tax revenue based on actual revenue collected through January $          421,880
Adjust sales tax revenue based on updated estimate provided by City's consultant, HdL, Inc., net of repayment of economic development loan to Rodeo 39 Public Marketplace, LLC             247,200 $            25,000 Reimbursement from Transaction & Use Tax Fund for repayment of economic development loan to Rodeo 39 Public Marketplace, LLC             200,000             200,000 Adjust cannabis tax revenue and cannabis business permit renewal fees due to delay in business openings           (580,000)
Shifting funding of OCFA and OCSD contract costs to the Measure GG Fund based on additional funding available due to better than expected results in Fiscal Years 2021/22 and 2022/23           (678,600)
Adjust City Attorney budget to account for increased costs related to code enforcement/public safety issues based on Fiscal Year 2022/23 costs through January (and actuals for Fiscal Year 2021/22)             225,000 Funding for Assistant to the City Manager position shifted to North Orange County Public Safety Collaborative Fund (eliminate reimbursement revenue from North Orange County Public Safety Collaborative Fund)              (73,400)           (174,931) 2020 Local Early Action Planning (LEAP) Grant to fund Beach Boulevard Specific Plan             150,000             150,000
Adjust solid waste impact fee revenue due to delay in new CR&R agreement              (90,000) Adjust transient occupancy tax revenue based on actual revenue collected for motel stays through December 2022               40,000 Adjust Cable TV franchise revenue to reflect fees for January 2022 through June 2022 collected during Fiscal Year 2022/23               90,430 Revise salary distribution for Department Assistant position (Administration/Public Safety )               51,185
Revise salary distribution for limited‐term Department Assistant position (Community Development )              (39,290)
Funding from Interim Human Resources Manager from March 2023 through August 2023 while staff on leave               48,590
Reduce administrative allowance from Successor Agency based on Amended Last and Final Recognized Obligation Payment Schedule (ROPS)              (17,000) Adjust Prop 172 public safety sales tax revenue based on updated estimate provided by City's consultant, HdL, Inc.                 7,350 Additional funding from Fire Protective Services special tax assessment                 7,730 Revenue from Public Television Authority Lease approved by City Council on November 22, 2022                 6,000
Replace damaged door and door frame in Community Services                 6,000 City of Stanton

PROPOSED BUDGET ADJUSTMENTS
FISCAL YEAR 2022/23

ATTACHMENT A

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Stanton City CouncilFebruary 28, 2023

Stanton City Council
February 28, 2023