Date:
LESSEE ("You")
City of Stanton
(Lessee Full Legal Name)
By:X
Name:
Date:
Continued on Page 2
Title:
Federal Tax ID:
C3 SLG 200(c) FMV mtm 10/15
Attachment: A
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stated estimate of personal property and other similar taxes, you acknowledge and agree that such amount represents our estimate of such taxes that will be payable with respect to the Equipment during the Term. As compensation for our internal and external costs in the administration of taxes related to each unit of Equipment, you agree to pay us a "Tax Administrative Fee" equal to $12 per unit of Equipment per year during the Term, not to exceed the maximum permitted by applicable law. The Tax Administrative Fee, at our sole discretion, may be increased by an amount not exceeding 10% thereof for each subsequent year of the Term to reflect our increased cost of administration and we will notify you of any such increase by indicating such increased amount in the relevant invoice or in such other manner as we may deem appropriate. We may take on your behalf any action required under this Lease which you fail to take, and upon receipt of our invoice you will promptly pay our costs (including insurance premiums and other payments to affiliates), plus reasonable processing fees. Restrictive endorsements on checks you send to us will not reduce your obligations to us. We may charge you a return check or non-sufficient funds charge of $25 for any check which is returned by the bank for any reason (not to exceed the maximum amount permitted by law).
4. LA TE CHARGES. For any payment which is not received within three (3) days of its due date, you agree to pay a late charge not to exceed the higher of 10% of the amount due or $35 (not to exceed the maximum amount permitted by law) as reasonable collection costs.
5. OWNERSHIP USE MAINTENANCE AND REPAIR. We own the Equipment and you have the right to use the Equipment under the terms of this Lease. If this Lease is deemed to be a secured transaction, you grant us a first priority security interest in the Equipment to secure all of your obligations under this Lease. We hereby assign to you all our rights under any manufacturer and/or supplier warranties, so long as you are not in default hereunder. You must keep the Equipment free of liens. You may not remove the Equipment from the address indicated on page 1 of this Lease without first obtaining our approval. You agree to: (a) keep the Equipment in your exclusive control and possession; (b) use the Equipment in conformity with all insurance requirements, manufacturer's instructions and manuals; (c) keep the Equipment repaired and maintained in good working order and as required by the manufacturer's warranty, certification and standard full service maintenance contract; and (d) give us reasonable access to inspect the Equipment and its maintenance and other records.
6. INDEMNITY. You are responsible for all losses, damages, claims, infringement claims, injuries and attorneys' fees and costs, including, without limitation, those incurred in connection with responding to subpoenas, third party or otherwise ("Claims"), incurred or asserted by any person, in any manner relating to the Equipment, including its use, condition or possession. You agree to defend and indemnify us against all Claims, although we reserve the right to control the defense and to select or approve defense counsel. This indemnity continues beyond the termination of this Lease for acts or omissions which occurred during the Term of this Lease. You also agree that this Lease has been entered into on the assumption that we are the owner of the Equipment for U.S. federal income tax purposes and will be entitled to certain U.S. federal income tax benefits available to the owner of the Equipment. You agree to indemnify us for the loss of any U.S. federal income tax benefits resulting from the failure of any assumptions in this Lease to be correct or caused by your acts or omissions inconsistent with such assumption or this Lease. In the event of any such loss, we may increase the Lease Payments and other amounts due to offset any such adverse effect.
7. LOSS OR DAMAGE. If any item of Equipment is lost, stolen or damaged you will, at your option and cost, either: (a) repair the item or replace the item with a comparable item reasonably acceptable to us; or (b) pay us the sum of: (i) all past due and current Lease Payments and Lease Charges; (ii) the present value of all remaining Lease Payments and Lease Charges for the effected item(s) of Equipment, discounted at the rate of 6% per annum (or the lowest rate permitted by law, whichever is higher); and (iii) the Fair Market Value of the effected item(s) of Equipment. We will then transfer to you all our right, title and interest in the effected item(s) of Equipment AS-IS AND WHERE-IS, WITHOUT ANY WARRANTY AS TO CONDITION, TITLE OR VALUE. Insurance proceeds shall be applied toward repair, replacement or payment hereunder, as applicable. In this Lease, "Fair Market Value" of the Equipment means its fair market value at the end of the Term, assuming good order and condition (except for ordinary wear and tear from normal use), as estimated by us. No such loss or damage shall relieve you of your payment obligations hereunder.
8. INSURANCE. You agree, at your cost, to: (a) keep the Equipment insured against all risks of physical loss or damage for its full replacement value, naming us as loss payee; and (b) maintain public liability insurance, covering personal injury and Equipment damage for not less than $300,000 per occurrence, naming us as additional insured. The policy must be issued by an insurance carrier acceptable to us, must provide us with not less than 15 days' prior written notice of cancellation, non-renewal or amendment, and must provide deductible amounts acceptable to us. If you do not provide acceptable insurance, we have the right but no obligation to obtain insurance covering our interest (and only our interest) in the Equipment for the Lease Term and any renewals. Any insurance we obtain will not insure you against third party or liability claims and may be cancelled at any time. In the event that we elect to obtain such insurance, you will be required to pay us an additional amount each Billing Period for the cost of such insurance and an administrative fee, the cost of which insurance and administrative fee may be more than the cost to obtain your own insurance and on which we may make a profit.
9. DEFAULT. You will be in default under this Lease if: (a) you fail to remit to us any payment within ten (10) days of the due date or breach any other obligation under this Lease; (b) a petition is filed by or against you or any guarantor under any bankruptcy or insolvency law; (c) any representation made by you is false or misleading in any material respect; (d) you become insolvent, are liquidated or dissolved, merge, transfer a material portion of your ownership interest or assets, stop doing business, or assign rights or property for the benefit of creditors; or (e) you default under any other agreement with us or our assignees.
10. REMEDIES. If you default, we may do one or more of the following: (a) recover from you, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENAL TY, the sum of: (i) all past due and current Lease Payments and Lease Charges; (ii) the present value of all remaining Lease Payments and Lease Charges, discounted at the rate of 6% per annum (or the lowest rate permitted by law, whichever is higher); and (iii) the Fair Market Value of the Equipment; (b) declare any other agreements between us in default; (c) require you to retu m all of the Equipment in the manner outlined in Section 11, or take possession of the Equipment , in which case we shall not be held responsible for any losses directly or indirectly arising out of, or by reason of the presence and/or use of any and all proprietary information residing on or within the Equipment , and to lease or sell the Equipment or any portion thereof, and to apply the proceeds, less reasonable selling and administrative expenses, to the amounts due hereunder; (d) charge you interest on all amounts due us from the due date until paid at the rate of 1-1/2% per month, but in no event more than the lawful maximum rate; and (e) charge you for expenses incurred in connection with the enforcement of our remedies including, without limitation, repossession, repair and collection costs, attorneys' fees and court costs. These remedies are cumulative, are in addition to any other remedies provided for by law, and may be exercised concurrently or separately. Any failure or delay by us to exercise any right shall not operate as a waiver of any other right or future right.
11. END OF TERM OPTIONS· RETURN OF EQUIPMENT. At the end of the Term and upon 30 days prior written notice to us, you shall either: (a) return fill, but not less than all, of the Equipment; or (b) purchase fill, but not less than all, of the Equipment AS-IS AND WHERE-IS, WITHOUT ANY WARRANTY AS TO CONDITION, TITLE OR VALUE, for the Fair Market Value, plus applicable sales and other taxes. If you do not provide us with such written notice and either return all of the Equipment or purchase all of the Equipment at the end of the Term, then this Lease will automatically renew on a month-to-month basis and all of the provisions of this Lease shall continue to apply, including, without limitation, your obligations to remit Lease Payments, Lease Charges and other charges, until all of the Equipment is either returned to us (either because we demand return of the Equipment or you decide to return the Equipment) or purchased by you for the applicable Fair Market Value, plus applicable sales and other taxes, in accordance with the terms hereof. If you are in default (or a non-appropriation of funds occurs), or you do not purchase the Equipment at the end of the Term (or the Renewal Term), you shall: (1) return fill of the Equipment, freight and insurance prepaid at your cost and risk, to wherever we indicate in the continental United States, with all manuals and logs, in good order and condition (except for ordinary wear and tear from normal use), packed per the shipping company's specifications; and (2) securely remove all data from any and all disk drives or magnetic media prior to returning the Equipment (and you are solely responsible for selecting an appropriate removal standard that meets your business needs and complies with applicable laws). You will pay us for any loss in value resulting from the failure to maintain the Equipment in accordance with this Lease or for damages incurred in shipping and handling.
12. ASSIGNMENT. You may not assign or dispose of any rights or obligations under this Lease or sublease the Equipment without our prior written consent. We may, without notifying you: (a) assign all or any portion of this Lease or our interest in the Equipment; and (b) release information we have about you and this Lease to the manufacturer, Supplier or any prospective investor, participant or purchaser of this Lease. If we do make an assignment under subsection 12(a) above, our assignee will have all of our rights under this Lease, but none of our obligations. You agree not to assert against our assignee claims, offsets or defenses you may have against us.
13. MISCELLANEOUS. Notices must be in writing and will be deemed given five (5) days after mailing to your (or our) business address. You represent that: (a) you are the entity indicated in this Lease; (b) any documents required to be delivered in connection with this Lease (collectively, the "Documents") have been duly authorized by you in accordance with all applicable laws, rules, ordinances and regulations; (c) the Documents are valid, legal, binding agreements, enforceable with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body, and hold the offices indicated below their signatures; (d) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the Term only by you to perform such function; (e) you intend to use the Equipment for the entire Term and shall take all necessary action to include in your annual budget any funds required to fulfill your obligations each fiscal period during the Term; (f) you have complied fully with all applicable law governing open meetings, public bidding and appropriations, required in connection with this Lease and the debt under applicable state law; (g) your obligations to remit Lease Payments constitutes a current expense and not a debt under applicable state law; (h) this Lease is binding on you and your successors and assigns; and (i) all financial information you have provided is true and a reasonable representation of your financial condition. This Lease: (i) constitutes the entire agreement of the parties with respect to the subject matter thereof; (ii) supersedes all other writings, communications, understandings, agreements, purchase orders, solicitation documents (including, without limitation, any request for proposal and responses thereto and other related documents (together, the "Bid Documents")) and other representations, express or implied ("Prior Understandings"), and may not be contradicted or amended by Prior Understandings; and (iii) may be amended or modified only by written documents duly authorized, executed and delivered by the parties. This Lease is binding on you and your successors and assigns. You authorize us, our agent, or our assignee to: (a) obtain credit reports and make credit inquiries; (b) furnish your information, including credit application, payment history and account information, to credit reporting agencies and our assignees, potential purchasers or investors and parties having an economic interest in this Lease or the Equipment, including, without limitation, the seller, Supplier or any manufacturer of the Equipment; and (c) you irrevocably grant us the power to prepare, sign on your behalf (if applicable), and file, electronically or otherwise Uniform Commercial Code ("UCC") financing statements and any amendments thereto or continuation thereof relating to the Equipment, and containing any other information required by the applicable UCC. Any claim you have against us must be made within two (2) years after the event which caused it. If a court finds any provision of this Lease to be unenforceable, all other terms shall remain in effect and enforceable. You authorize us to insert or correct missing information on this Lease, including your proper legal name, serial numbers and any other information describing the Equipment. If you so request, and we permit the early termination of this Lease, you agree to pay a fee for such privilege. THE PARTIES INTEND THIS TO BE A "FINANCE LEASE" UNDER ARTICLE 2A OF THE UCC. YOU WAIVE ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC. YOU FURTHER HEREBY ACKNOWLEDGE AND AGREE THAT WE AND/OR SUPPLIER MAY MAKE A PROFIT ON ANY AND ALL FEES REFERENCED HEREIN AND, IN SO DOING WAIVE ANY AND ALL CLAIM WHICH YOU MAY HAVE FOR UNJUST ENRICHMENT. We may receive compensation from the manufacturer and/or Supplier of the Equipment in order to enable us to reduce the cost of this Lease below what we otherwise would charge. If we received such compensation, the reduction in the cost of this Lease is reflected in the Lease Payment.
14. ELECTRONIC TRANSMISSION OF DOCUMENTATION. This Lease may be executed in counterparts. The executed counterpart which has our original signature and/or is in our possession shall constitute chattel paper as that term is defined in the UCC and shall constitute the original agreement for all purposes, including, without limitation: (i) any hearing, trial or proceeding with respect to this Lease; and (ii) any determination as to which version of this Lease constitutes the single true original item of chattel paper under the UCC. If you sign and transmit this Lease to us by facsimile or other electronic transmission, the transmitted copy shall be binding upon the parties. You agree that the facsimile or other similar electronic transmission of this Lease manually signed by us, when attached to the facsimile or other electronic copy signed by you, shall constitute the original agreement for all purposes. The parties further agree that, for purposes of executing this Lease, and subject to our prior approval and at our sole discretion: (a) a document signed and transmitted by facsimile or other electronic transmission shall be treated as an original document; (b) the signature of any party on such document shall be considered as an original signature; (c) the document transmitted shall have the same effect as a counterpart thereof containing original signature; and (d) at our request, you, who executed this Lease and transmitted its signature by facsimile or other electronic transmission shall provide the counterpart of this Lease containing your original manual signature to us. No party may raise as a defense to the enforcement of this Lease that a facsimile or other electronic transmission was used to transmit any signature of a party to this Lease.
C8��TECH
CUSTOMER CARE MAINTENANCE AGREEMENT
Venion Date: 8/'J:2J'N13
I CUSTOMEI Ill lO INfOIMATION
CUST OMUN AME: AODUSS:
City of Stanton 7800 Kolello Ave
BIWNG CONlACT: EM.Al.:
Jason Huynh l!:!u�nh-a'stan12n� gQv
PH ONE
CffY /STATE/ tr
PHONE:
7800 Kotello Ave Sieve Mortin 714-379-9222
cm: STATE: z•cooe: fMAUOff MEIUCONTACT PHOM£
Stanton CA 90680 Steve Mortin 714-379-9222
I
EQUIPMENT COVERED
MODEL
R..JOOOO Z36 MFP
$harp BP-70C36
Sharp BP-70C◄5
Sharp BP-70C◄5
ShOfP BP-70CSS
IAS E CHAIGE flfQU ENCY
MONTHLY
MOnltlyVoL<n<I
9,000
SHIAl NUMIEI l>TAG NUMI U
$665 63
OV EIAG E MMt FUQUlNCY
MONTHLY
8/WOVERAGE
0.00900
STAUMBUl,W
,AYM!NTIUMS
NET 45
SIAllMETEIC
INITIAL NETWORJ::ING
INSTAU
incl.
DEPAIJMlN T
!R.AINING
Incl.
Cl SHVICE CONTllACT NUMIEI:
f'UICHASE 010£1 NUMIEI':
STN'I.ES
CHARGASLE
lEV02.202J
Slonton/CA/90680
714-379-9222
[email protected]
fMAll
[email protected]
DEPA.HM ENT CONTACT
lnlflol H«e
I hove read ond vndentond our obligolior\$ under the le!!:fll'lS ond condiliom slated hctein, ond on lhe reverse Mde thereof. os the only og,eemenl pertaining 1-----------il---------------------t--------iio the equipment hereunder No other ogreementsoppty Ul'\M!lss exp,euly noted 10,500 0.055679
I l.U:GE FORMAT ,111Nllt�G
MONlltLY PRINT VOt.UME 8/W OVERAGE PB! SOU/IRE FOOT
0 PRINTED CUSfOMER NAME;
TERM (Months) SALES REP PRJNTED NAME:
60 @ www.c3lech.com e [email protected]
CUSTOMER StGNATUlE;
X
SALU au SIGNAl\.ltE;
on the loce of fhii og,eemcnt or in lhe controcu specified above. 1 undcn.lond o" meter counli oro b<Hed on 8.Sxl 1 fm1nimuml ssngle sidod ,moges.
OAfl;
DATE:
"' (7141 689-1700 0 1536EWamer
Sonia Ana . CA 92705
Attachment: B
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1. GE"-ERAl SCOPE OF COVE!lAGE ln.s .-.grccment covon boin ,ne looor OMJ ,ne rnoleM:i, for ooiuitmcna. reoo , OPd ·cctocemon1s ol pom fM01n1enoncel m ,�.,cd oY l'K>rfflol u� of the oqu,omen1 1dcn!iflcd on tr,e front oogo of It-ts Ag,eemen1 jEQvioment"). Momlenonce CJOOS not co118f cn01ges lor inslotlol•on 1e1ocor,ng or dC•1nS1otlot,on or 1he touiomont Se,..,,co necenory to reoo1, oomage 10 1he Eculomon1 couseCJ by misuse. obuso negl gcnce. 01,ochmonl of unouthori.i:ed componcnls. occenof'ios o, oorh. use of suostondord foes m le {!hermotl pope, or suostonek>rd supolies. other couses oovond the conr,ol ol Cl Technology SCMces or wch causes wr-;cn w0t,ld vo o tho EQUlpmenis wonon1y 010 no1 covc1od bv 1h11 AgtecmOf'!I. My WC" ,epoin ·de,111'ieo n ,ne 01eceding senience � oe seoao18'y oilleo lo cuslOfTTCI' ono mov lead 10 tho 1e,m,no11on of trn Agreement.
In odonion. Cl rccnnalogv Serv,ccs mcy 1erm,ncle this Ag,eement f •he eq1,11pment 1, moaified. dOmogeo. olte,ed or �ced oY oorsonnet ot�1 lhof1 rne CJ TtichnOlogv Scrv,ces Aulh0i1Leo Penonnel. a, ,I po,h. occonories 01 comPQnenll not meet ng moch,no spec,ficolions 01e Tilled ro tl'IO EQl,ipmenl Mo r'ltenonce shall not cover chorges IOI' 1opoirs needed cs o result al Custome, or 1h,ro pmlv moorncoliom to sofrwo,e or hOtdwore.
2. \VJNTENANCE VISITS Mornfer,once Y'YIS w,• be mooe OUt'ng s1ondord wee<oov OUS1neu houri IM.f 8o-5pl 01 1ne ooc:teu shown °" ine rnt poge ol 1h 1 l\greement Mo,n1enonce ..,;s is reQuested for hohoov1 week.ends 01 alter slar-dard ousineu nov,s moy rerult in oddiT1onol ChOfQCS for lrovet ond IObol oursuon1 to CJ Technek>gv SoMces s1ol'ldord ovon1me ro!os 1n effccf at lhe limo Mointononce 11,sil Mo1nrenonce perfosmod during 0 Mo,ntenonce vis r include1 lubr'cotlon ond dealllng of lhe Equipmonr one the odj1.;11mon1. repair a, ,epklcemem of por11 descnbed bek>w.
3. REP�R ANO REPlACfMEt,, 1 OF PARTS. Al po,ts neces.soiv •o, OIOOC1' ooe101 on al 1ne Eo.,ipmenl reau,n,g reokx:cment due lo normd wee, and leOf. wt:11ec1 to tno general scoPC ol coveroge w1I be furrwsnco f1ee ol cno,ge dur,ng a �cc coll.
"· MA.lOR REPAIRS ANO UPGRADES MOjor repoirs •esul1ing r,om m wws of rne p,oouc·. ovetoll 10·1ure of rne Eau.omen, rewlhng lrom inc nomiol er,o of Ide cyc)c ol 1ne EQU pmen1 one 01hot rBPOin rcqu nng mo,e thOn cus•omorv repoi, ono po,t replocemenrs \hell not oc conSfdcroo cove,ed Mo ntenonce Cl Technology Serticos reief'l'OS lhe �t 10 concot 1he mon1enonce ogrcemen1 �o cvstomcr misuse 01 ao .. ne tne ,n,enoeo feoh ...-os of me oe..;co.
s. USE Of CJ Jccnnotogv Services SU PPLIES Customer s not ooliga1ed ro use CJ Technalogv Se<v cos ooorovco suoolies unoer lni!i Agecmcnt II. howevet. inc Culomc, ..1M!s 011'1:c, 1non CJ TecMOlogy Serv.ces ocp1"o11ed wcpl es 101ne. 1non pope,,) ond suer, u.,pplios rc»U11 in dOrnoge ·o lhe oevace. CJ -ecrvdogy SeN•ccs moy. OT 11S dKc1c11on. omm o surchorge c, tefl"Nnote •n, Agl'eomcnl II CJ lcchnologv SOtV1Ces •e,m,no1es 1hs Ag,ecmen1. C3 Tccnnologv Services moy mo\:o soMco ovoiloole 0f'I o 'Por Coif"' bosii bosed uoon CJ Technology Ser,,1cos uonooro roles n otler::1 ot tho hme of service , &. SUPPUES 5'..00I es setected. ,I any on tne ,,on, of thli Agteemenl rSuppies I. V1011 be induoeo vndcl lr.s Agreement Cl lecrnology Se;-v,ces wdl provt0e n,ch �eclco Suppl es •o lhe Cvslomet bosed uoon tn0uslry ,1onoord cove,oge al 5,i. 101 mOf'\O and m 101 cokw. Supplies 01ovided ore lo use w1ln lhe Equiomcn1 covei-od bv lhls Agreement only and ore not !or resole or to, u1e w1lh omo, equ- omon1. 1f lne Customo, s usage of 1rie SupPl1os e11.ceeds the lnduUf\l stondord co11eroge cl 5" mono ond � color lo, the Equlomen1 belng serviced C3 TecnnOlogv Services will inYOce ono the Customer agrees 10 poy. for !he OlCess supplies 01 Cl rechr'Ologv serv ces cU1Ten1 1ero1I prices rnen ,n effect m rc1111si1 service oric1ng le<ms wllh client. CJ Technology SCMces ,esc,ves the 11gh1 10 cno,ge for suool es ono lre.gn1. ff�t rees wtl De oucssea 10 inc co,,1rcc1 wwoce oosco
0..,etage 'TIOl'llnly ,errce blling. r.cr 1. witn ove,oge monlnly ieMCe biling unoe, SIOO. will be chofged o S9 00 tlol monthly rnle. �et 2. w··h overage monlHV SBfVICC ofrng ovor S 0C>-$1 .000. will be charged a Sl ◄.00 fk)1 m01"1ltiy ro1o. r.er J. w th 011erogc mon1nty seMce oilf'ng 011e1 $1 .0IJO.SJ.CXX). wll oe cnorged o $79 00 !101 mon1hlv r01e: Tier •. with o ... eroge monihly ser,,co b1lhn9 0110, SJ.000. will oe chorged o S56.00 t1ot monlt-ilv rate. Fcei; Ofe svbioct lo chonge. lndust,y slonctord covo1oge 11 denned as the published inClt,.isl,y slondora yield lo, The product modal c011ercd under this Agreement 7 ELECTRICAl REOUIRMENIS In ordef 10 nsure optimum performance of tne E01.Mpmen1 Cuuomer mull comoty w11h oN -.,endof reou reo e4ectrcol spec1hco11on. inctuo,ng bvl not limi1ed 10 u1,e ol del!Qno:ad cwcvo ono outlets and
recommended
•equired ..,oltoge
elec1ricol
,equ
,eouirementl
-1em1ml1 These p0we1 s1onoords o,e reou 10d ov UL ono/o, local mfetv 1egutolions CJ lechnologv Services con cancel 1he og,oomenr shoulo cvslomo, not comply will, Cl Tecnnology Service, ?fa a. CliARG:.-5 lhe t'llltol cno1ge 'or MOntenonce unoer rn-s Agreement 15 non-,etundobfe ood snol oe lh� o�ounl se1 1wn on 1ne r.111 �e of 1,.., Agreemen1 The annual m01nlenonce '.e• w� I� respec1 10 ony renewol •emi. wi�
oe C"'cwgeo 01 the rime cl 1erm ,onowol. Custome1 snol be chafged occo,d1ng lo The P0'1men1 rorms 1rrlcoted on ·he hQf11 ooge of rhis A.g,ecmcnl. Custome1 sho!J POV oll ctrorges within tl'lirt'f (30) dovs ol tne ilw01ce dole. I (Y" ::::�?:��;���-��:.:.�::�\:.�;;;t:�l�::���Eii��f����:�:����i��:��,:?,,��i�s::,;;;E�t:""v � SeMCei reserve, 1he nght to cancel lh1s Ag1eemcnt upon writ Ion notice 1o rnc Customer o, CJ Techno4ogy Setv1cei may charge (ond Cusiomcr hetebv ogreeJ to ooy) a fo11 ond reosonoblo upchQrge ro, con11nued serv1U � A 9 NETWOR< / IT SCOPE OF COVERAOf lnslgftgl,gn Qcgdrinc:: lns:01101 on mvs1 be SCheOI.Aeo fOf no more trror, fr...-ly (301 da'f' ollCf delrve,y Foh..we lo do 50 wil 1C\IJI ,n ctogc1 01 ou1 cunenl slandord pubh�ed r01e. � r l wOf'< mvs1 be compl:eteo on rhe nuollohon dole II the CJ Anol'fll cannot inslaH. program or configUfe or,y of 100 selecled leoiures oue 10. but not llm1led 10. access t1gh1s. incorrec1 conligurotiom. mco,recttv spocilled selling, compuler probtems. on lhc oole ol 11utolloliot1 oad1t,onol cho,ges may be oncnod. NelWOllr/lnfrqstnJC'urc Chanoer Any changes mode lo rhe cusromers· netw011: lhol ,nierle1es w th the compohbtlil't' or functionoaity of the Cl rnslofled eqapmenl w II result in chotges al the stondoro nou,ty role These changes 1nc1uoe but ore no1 limileo lo: IP ocdress. lSP prov- dcn. iet"Yer chonges. M>llwaro changes. w0RS1011on conftgUrol on moves o, 1eoloccmen1 sollwo,e upoo1es. etc. tpcgmpgt1b/e JYJlctm Cl technlc.lO'l1 1eserve lhe righ1 ·o deny onoty,,t Servtces lo customo, w0tt.s10•1ons fo, any reasons. aul ore 1"101 limiteo to tho lollowi"9 reasons: :Jlue sc,oen errcn old wOR.Stahor,s. ,muffcien1 RAM or HD soccc Opc,oting Systems (OSi) not suppor•11t0 by monuloctu,e,s onvers or soflwo,e. 01c. /,UJQIIOfrQn WgqpQly· Anolys1 Servictts ore worronred lor 15 oays from do1e ol ins1ollo1Jon assuming u,01 the network 01 en11os11uclure ho, not cnongoo l5oo Nelw01"1'/lnsllos1ructu1e Chcngesl, lnues orls,ng ofler 15 oovs w i
n 1ncur cdd1t10nol chorgos. By vgn- ng rhis l01m. I oc<n0wledge lhcl I hove reoo unoers1ono ona og,ee to tnc terms of service. scooe of wen end corid1110n1 ou11tncd ,n this ogicement 10 METER ijEAOtNG CJ recnnology Services hos 1he righ1 10 estimate me1e, reeds. wilhin inc btlllng pet1od when rhev o,e not p,ovlded tram ony colleclM>n source outomoted QI manual Th.e oi•ing may oe �us·eo 0tt the nc:111 0·11ing penoo 10 rellecr otrv e._ccs.ses o, shOnoges Est·mo1eo me1er rooos ore colr::vlotcd by It-lo "1011 rocont tnree 13J month me1errcco history. Cus1omcr 'I obt!QOICO ro olow ouromoleo otecoonc me1c, c0lcct10n sohworc 11 1ne Cus·omor dechnes 10 citow ouromotoo meter collec1 on. CJ Tecrw1ok>gy Services may eslimoto tne meter based uoon orevious oiling ord serv1co ,,. .e,er reac:Mgs ond mov chOrge on $18 montnlv
oom1n s•ro1 on lee. Tho oshmoted mere, w1ll thon be opoliod m the some manner os 11 rne meter nod ccen suoplico Dy 1no Cvs·omor end the Cui1omo1 agrees to oov onv ovo1oge chQ,gcs tho I may ,es'Jll lrom The esl1moted me1e, reoolng. If Remote Mcie, Col ecti
on Sol•wore fells oft :he network. •I II lhe C'J'llomer's reso0'Ulb1li1y to svpo y me1et reoos ona reouest tone, 1eoleni�et'l1. Cust0r'l'le1 con Ci� "nput me·e, reeds 01 oloce service cotls one svoores reQuesls tnrough Mv•CJ P0flal
11 rERM This Ag,eemem snail become ellec11ve upon CJ Technology Se,vices rece1ot f,om Customer of the in.t,ol non-refundable moinlenonce charge 11 apolicoble. as set lonh on the r1rt1 page of rhis Agreemen:. or lo, wen cusromers that ore to be billed 1n aneors upon !he dolt:, indicated n rhe ·s1un Dale- oorhon or the l1rsl ooge ol lhls Agreomenl Tho rerm ol th:s Agreemenl shoN bo oi spec,tied on the fl,,, 00ge ol on Agreemenl
12. EVENT OF DEFAULT ...,.,.0 !ERMINA 70N fho Cusromef's laiure lo pay onv amount cue unoe, ·tu Agreement, 01 oreach ol any cine, oofigotion herein shall consl11U1e on E11en1 of Defa\A1. Uooo on E11enl or Default. Cl Tocrmology Services mo'I ,n ilS discro1ion toko orv one or more al 1he following actions: (II ceoso porlorming on Moinronor,ce or o,w 01hcr servac:e vno8' ints AgreemenT: {Ii) fv,fllsn M01n1enonce or service upon o ptepolCI. '"Per Coll'" basis: and/or (riJ rorm note rm Agreemcn• Cus1omer sholl be Obligo!oCI lo ooy ony amoun11 due anCI owing 10 CJ fechndogy 5BMces w lhin 110> ooy1, ol lne exp::rolion QI rew,inolion of this Ag,eernen1. Cutiomo, upon ooymcnl of oM such omD1Jnts ave snoll ttiereolter rcvo no lurtMer liooili1y Of ot>Ai,;;o· on ro Cl *ecnt"ology 5ervico, wnoaaove, 'or On'/ ,,..,ne, foes or e .. oerues oos ng ne1eur,0Qr. In inc oven, C3 Technaklg'I Serv,ces termino1es /his Agiecmonr oecau,e ol 1he cxeoch of Customer. C3 Technology SeMces shell be entitled lo poymem !or work ,n progress Du\ 1cimbursemcnT 101 oul·ol•poc1te1 oxpemes. 13 tNOEMNIIY Ci.ntomo, ShOI ,ndemni'y. save one hold Cl lecnndogy SCfV'Ce,. ,ts 0Hiio1es. off.cers ditecrort. snorenol0011. emplovees.. ogena ono rcoresento11vCJ ono 11, one 1het, svccesson one 01signs rcJ Technologv ScMces "'onies1 horl'111oss �om and ago n,1 ony lio�:ty. loss cost. e11pensc 0t domoge wnotsoever coused by reason ol onv 01eoch of lni1, Agreement by C1.;1,tomo1 01 by reason ol any injury. whelher to body. 0100erly or btHines. 0, ro Or'ly other pc"on by reason of ony oct. negtec1. om,n1on or dcloull by Cuuomer Cusiomer shall defend. 01 iu sate one absolu te cos 1. ony oc!°on ro wh1cn lh s lnOomnil'f shOII ooply In rhe i!!:VOl'II Customer /oils to oc'cnd sucn action CJ Tcchnok>gv SeMCes mav do so ona recover from Cus•ome, in addition ell com ond OllfJenses inc:tuding ollomeys" Ices in cormcc11on 1ncrow 1h. CJ rochnologv Services snol be en111led ·o 1ecovet from Cuslomer 01 cosh one expense, incluoirg w,1hou1 tim,totion. 0110,ney , 1ees one o Wlirscmcnl. ll'IC"'"Cd by CJ lechnology SetV>CCi in connect on w lh oct'.om ro<cn by CJ Toc!Ylology SeN1Ce1. or ·11 rep,e�entor ve1, {i) to enlOfce ony p,o11 son of tnis ,r,,g,eoment: (•I lo ellecl ony poymcn11 or collec:hons p.-o-.ideo !or Metein (iii) 10 1ns111ute mo nlo,n. Of&SCNC. enlOfCC and loroclose on 505 s secv1i1v ,n1e,est 1n or lien on the goods. whelher rhtough ,udiciol proc:eeoings or otherwise: or fi..,l 10 defe,id or oro1ecute Ol"IV octions 01 o,oceedings orsing out of or,Clohng to onv CJ Technologv SCMce, transactions w lh Cuslomer I◄ ENTIRE ACREEMENT Tn,, c0f'Sti1utes ·he en111e Ag,ecmont oeiween Ina oon1es ralo11ng 10 me sub1ec1 monm hereof Any mod1r,co110ns to this Ag1ecmon1 mvsl oo in writing ono signod ov both ponies IS. 51JCESSOR5 AND ASSIGNS: Tf.�MINAD0"' Neitrter portv rnoy ass.gn inii A91comen1 or onv o1 ·, rights or ool go•iom n81eundet w11nou1 tr-e Cf"Of w•;11en approval al rne 01her 001tr wrc:n w• not oc urweosonooly H 1t1nc,k,. eM:epl that c.ther patv ma1 ou,gn ds obl go"IOf'IS ona nghls to o wholly owned subi.d OIY po,en1 co,porotion Of enMy unoer 1ne some ownernp. ooetot.Of\ or control
16. SEVERABILIIY If any prov·sion ,n lt,11, Ag,eement is hold in11oltd 01 unenlorcooble b'I o OOdv of competent 1urha1ction sucri orovision wiq be censllued hmiled or. I neceisory seve,ed 10 1ne el!leril neceuory to c,:m,role sucn '""olio •y 01 uoel'lforceool1ty. The Port es agree 10 ncg0110te .,. . OOoO lo 1.-. o YOl1d enl01ceoblc subslitutc or0Yi110n tnor most neortv ollec·s the Porttes org nol inlCl'll n en1enng n10 1hi Agteemen1 or 10 p,ovaoe on eautoofe 00,U\fmenl n the evew,t no such OfOvis"on con oe oodea. lhe othOt DIOYli.on ot I his Agreement W()II 1emoin "' 'uN IOfce and effect. 17 COUNTER?A�IS AAO FACSIMILE SIGNArURES This Agreement moy oe elOCvleo n se11erol covnterports eoch ol wriicn Sholl oe dccmeo 10 be on ong,nol ona ol ol wn en 1oge1hef shQI cons· luto o,,e Agteemcnl blno"9 or 01 p()'ties nc,ero. P"IOfw •hslonding thOI oll lne parties hove nol signea lhe some coun•e,poo A lo:11ed VQnohJre o' thts Agreement DeOring outl"'orizeo ugn01v1es �Y be 11eo1ed os on Df'Qlf'd 18 JURISDICTION All ponies hereov consent ·o rhe e:11cluJ1V8 1urbdi cr,on •01 the Federal Courts localed 1n CA ond rhe Store Courts locored in CA in any oroceec n,g Ofisir,g out of or reloling to 1h11 Agreemenl 19 UMITAIION Of JA8JLIJY lo ·he e.x1en1 penn.ned oy low '" no e11eti· shoH CJ lecnndogy Serv1ces oe lioolc 10 Cusiome, Jo, ooy spec,ol. tnodenlol. comeouonl ol or mowect oamoges. km of ousire�s prolits. 0\/Slnen ,nhmuption. loss of ous1nen 1n'ormolion ons1rig ou, of inc 1nooihry 10 use the Equloment The C1.,s1omer OC(nQwleogos that !he MOi1'11enonce provioed by CJ rechnologv Se1v1ccs 1s 101 the, mechanical mo,nlenonco ol the Eouromenl only, one 1h01 tl'lis Agreement ooos nol co..,er any sol1woro Ile I working or oriv othet connec1 111tv o, lunct1onolily 1.,nrclo1eo 10 tt>o de11,co(s) describeo n lh1s og,eemenl NetwOR ono o, conrrec1,v,1y seN•ces 00, 1ndudeo n 1t-n con11oc1 ore ovotloote from CJ Technology SeMces 01 ooditlQnOI cosu. 20 FO�C[ MAJEURE Cl lechnologv ScMces $hall nol oe liable lo Cusiomer lor onv loihJfo or delov COU!ied ov e11en11 ooyono Cl Technologv SeNice1 control. ,nclud ng. w,1hou1 limitot1on. Cvstomefs failure to lutntVl riecessory ,nlormotiol'l: 10ootoge failure 01 octovs .n 1,011so0f"ol1on or commur-rco•ion bovcolcs cmborgocs: lofores or svbshlull0f1S of 001J1pmenf: looor disputes; occ,den11 lnorloges ol laoor lud row molenols f'l'\OCrw'IOIY or equiomer'I'; 1ecnnteol lo'lu1e1, r1e: storm: flood· ecr-hquo<e: exoloi o,,; acts of "he pubt:C: enemy. wor imurreci,on. not p,Jblic o,so,der. e0t0cm c. q1.101on1,r,e res•nc• ON: octs of Goo: OCIS or any govemmen1 or ony QuOSI· govemmen1ot au1hon1v wuf1umen1olity 01 ogcocv.
21, NO WAR.l�ANN CJ Technology Services DISCLAIMS ALL WARRANI\ES EXPE.SS OR IMPLIED \r,.CLUDING A.NY IMPLIED WARRANHES OF ME�Ct-1ANtAIMUTY rECHNICAL C0MPAIA8'U l't' Rf NESS FO� USE. OR Fl"NBS FOR A PARnCULAR ?U RP05E.
22 INSURA"K:E II 1ne Cuuomc, is leasing the eouipmem. 1ne Custome, shot! obfo,n ono 1'1'10 nto,n. oi its own e-.pensc �uronce •elating 10 clo,ms for n,u,y ond/Of o,opcnv domogc (induding comme,c ol general !iob<l1•y !l'IJuroncol based on ,rs u,e ol lhe couipmen• goods and machinery 23 [ND OF T[llM. CANCELLATION UPGRADE. AND RE"'E.WAl Cusromet snoll g,ve CJ Tecnnology Services QI leosl 90 ooys wntlen nQl·CC belOle the exa,ahon of ,ne ,nu,d og,eeme.nl le.m OOle sfahng ·he 11'1101'11 lo dodlrc Inc renewal or uogrodc al the eOU1Pffienl Picc US) ctr<llge, wl opolv uoon COl"'ilrocl conc.elol on. CO\l w• oe oeterm,ned ooseo on ·he locotl()f'I ol leose 1e1l.lf'n roolil'f Hofd orve oolo e1me 1s op1,ono1.
Initial ____ _
REV02.2023 @ www.c3lech.com G [email protected] � 171 4) 689-1 700 0 1536 E Worner Sonia Ano CA 92705
Dear Jason,
Per your request, we made the exception to remove the escalator from the service agreement and build the inflation cost across 60 months evenly.
We require both parties' signatures for records purposes.
C3Te�
Name
h
l�vLA =!f1
... /���- Signature: -�--+7)<+--1--,� V,
... .,........, �-;, .__,.,'F-'--.,,,......-+-�----
City of Stanton
Name: ________________
Signature: ________________ _
ca��TECH
Proposal Prepared For:
Jason Huynh
On September 14th
, 2023
Presented by: Dustin Coren & Tony Sanchez
[email protected] [email protected]
949-649-6141
The contents of this proposal are confidential trade secret information and intended for proposal use only.
The contents herein may not be reproduced without the specific written permission of C3 Tech. This is a proposal only and informative in nature and is intended for City of Stanton. Actual contract terms and conditions, as well as final pricing, may change and will be submitted upon your request. All prices exclude tax. Pricing in this proposal expires 30 days after 09/14/2023.
Attachment: C
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ca�� TECH Serving Orange County Since 199�
Executive Summary
• Current State
o Currently utilizing Sharp MX-3070 x2, Sharp MX-4070, Sharp MX-5070, Sharp MX-4071 ■ Product is currently discontinued for Sharp (less availability of parts, toner, supplies) o Current allotment:
• Black & White: 0 copies
• Color: 0 copies
o Current Average Monthly Volume:
■ Black & White: 8,247
• Color: 9,824
o Current Overage Rate:
• Black & White: $0.0130
■ Color: $0.1290
o Current Overages:
• Black & White: $121.33
■ Color: $1359.79
o Total Equipment Spend Monthly: $1,650.00
o Total Cost of Ownership: $3,131.12
o Reliability and speed of service extremely important, machines cannot go down o Security features are out of date which poses a huge risk for cyber attacks o Current machine is not updated with end point protection which poses a significant risk • Desi red State
o New machines to replace the current copiers at the City of Stanton Offices o Vendor to assist with parts, supplies and toners on a needed basis o Ability to scan to email, folders, and boxes with ease o C3 Tech is a triple AAA certified service provider by Sharp and the only provider of this caliber in California
ca@TECH Serving Orange County Since 1994
Pricing and Promotions
ca@TECH
Proposed Cost 60 Month Lease:
New Units: Promotional Monthly Lease
Spend:
• 6x 36PPM Color Copier
o Copy/Print/Scan/4 Drawers/Large Capacity Tray
• 1 x Canon Plotter
o Dual Roll Feed for Maximum Productivity $1,548.45
o MFP Integration for Ease of Use
All Supplies, Parts, Service, Preventative Maintenance (except paper & staples) Installation, Professional Analyst Setup, Configuration, and Shipping Fees Included ***C3 Tech Will Assist City of Stanton Return All Existing Equipment Back to Leasing Company at No Additional Cost
Cost Per Machine
Proposed Cost
New Units:
• lx 36 PPM Color Copier: $198.23
• lx 36 PPM Color Copier: $198.23
• lx 36 PPM Color Copier: $198.23
• 1 x 36 PPM Color Copier: $198.23
• lx 36 PPM Color Copier: $198.23
• 1 x 36 PPM Color Copier: $198.23
• 1 x Canon Plotter: $359 .of
ca��TEC:H
ca�� TECH Serving Orange County Since 1994
Service:
Proposed Cost 60 Month Lease:
New Units Service:
• Black & White
o Allotment: 9,000
o Rate: 0.009402
o Total Spend: $84.62
• Color
o Allotment: l 0,500
o Rate: 0.055679
o Total Spend: $584.63
• Plotter
o Allotment: 0
o Rate: $0.140
Promotional Monthly
Service Spend:
$669.25
All Supplies, Parts, Service, Preventative Maintenance (except paper & staples) Installation, Professional Analyst Setup, Configuration, and Shipping Fees Included NASPO Pricing
Sharp
BP-70C36
Base Unit $ 17,325.00
Base Unit Discount (69.00%) $ (11,954.25)
Base Unit with Discount $ 5,370.75
Large Capacity Tray $ 1,740.00
3 – Hole Punch $ 775.00
Inner Finisher (50-Sheet Stapler) $ 2,210.00
2 x 550 Sheet Paper Feed Desk Unit $ 1,250.00
Accessory Subtotal $ 5,975.00
Accessory Discount (47.00%) $ (2,808.25)
Accessories with Discount $ 3,166.75
Installation & Connection Fees $ 840.00
TOTAL COST $ 9,377.50
MONTHLY LEASE COST (60 mo. FMV lease*) $ 203.19
*2.167%
MONTHLY LEASE COST (from proposal) $ 198.23
Canon
imagePROGRAF
TZ-30000 MFP Z36
Base Unit $ 15,820.00
Base Unit Discount (10.00%) $ (1,582.00)
Base Unit with Discount $ 14,238.00
Scanner $ 7,565.00
Accessory Discount (10.00%) $ (756.50)
Accessory with Discount $ 6,808.50
Installation & Connection Fees $ 2,240.00
TOTAL COST $ 23,286.50
MONTHLY LEASE COST (60 mo. FMV lease**) $ 478.88
**2.056%
MONTHLY LEASE COST (from proposal) $ 359.07
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 26, 2023
SUBJECT: SPECIAL PROJECTS QUARTERLY UPDATE PRESENTATION REPORT IN BRIEF:
Staff will provide a special projects quarterly update presentation regarding general funds expended to date and progress on projects currently underway or completed.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
2. Receive and file the presentation.
BACKGROUND:
Review and update of special project funds expended to-date and project progress updates for Fiscal Years 2022/23 and 2023/24. Staff will report on a range of projects that have helped address the needs of the community and promoted the City’s Strategic Plan Objectives.
FISCAL IMPACT:
No new fiscal impact.
ENVIRONMENTAL IMPACT:
None, this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly).
Item: 8A
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2 LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:
Obj. No. 1: Provide a safe community.
Obj. No. 2: Provide a strong local economy.
Obj. No. 3: Provide a quality infrastructure.
Obj. No. 4: Ensure fiscal stability and efficiency in governance.
Obj. No. 5: Provide a high quality of life.
Obj. No. 6: Maintain and promote a responsive, high-quality, and transparent government.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Hannah Shin-Heydorn, City Manager
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 26, 2023
SUBJECT: INFORMATIONAL REPORT ON CALIFORNIA JAYWALKING LAW AND
CONSIDERATION OF ORDINANCE REGULATING PEDESTRIANS ON
STREET MEDIAN ISLANDS AND DRIVE-THROUGHS
REPORT IN BRIEF:
Earlier this year, the City Council directed the City Attorney’s office to provide a report on California’s new jaywalking law, which limits law enforcement’s ability to cite pedestrians who cross outside of a crosswalk or do not obey certain traffic signals. While the City acknowledges the State’s authority to relax restrictions on pedestrian road crossings, the local evidence demonstrates that vehicle versus pedestrian incidents have been and continue to be a public danger and concern within the City. To strengthen the health, safety, and welfare of the community, the Council will consider an ordinance to prohibit pedestrians from standing, lying, sitting or otherwise remaining on street median islands.
For the reasons stated herein, the ordinance would also prohibit pedestrians from standing, lying, sitting or otherwise remaining in retail or service business drive-throughs and adjacent areas.
RECOMMENDED ACTION:
1. City Council find that the ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15378(a) (the ordinance is not a “project” and has no potential for resulting in physical change to the environment, directly or indirectly) and 15061(b)(3) (there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment) (14 Cal. Code Regs.); and
2. Introduce Ordinance No. 1133 for its first reading, to be read by title only, and waive further reading:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADDING CHAPTERS 10.34 AND 10.36 TO TITLE 10 OF
THE STANTON MUNICIPAL CODE REGARDING MEDIAN ISLANDS
AND DRIVE-THROUGHS AND FINDING THE ORDINANCE TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTIONS 15378 AND 15061(B)(3) OF THE STATE CEQA GUIDELINES”; and
Item: 9A
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3. Set said ordinance for adoption at the regular City Council meeting of October 10, 2023.
BACKGROUND:
Assembly Bill 2147 (AB 2147), effective January 1, 2023, amended portions of the California Vehicle Code to relax enforcement measures against pedestrians who jaywalk. “Jaywalking” is a term used for crossing the street unlawfully. Specifically, law enforcement officers may not cite pedestrians who cross outside of a crosswalk or against a traffic light unless a reasonably careful person would realize that there is an immediate danger of a collision with a moving vehicle.
Currently, the City has one ordinance relating to pedestrian crossing. Stanton Municipal Code (SMC) 10.32.010, provides, “Crosswalks—Use required. A. No pedestrian shall cross a roadway other than by a crosswalk on that portion of Beach Boulevard between Garden Grove Boulevard and Starr Street.” Anyone who violates this provision shall be guilty of an infraction. AB 2147 also relaxes enforcement of local laws like Section
10.32.010. Meaning, while the City’s ordinance is still valid, law enforcement would not be able to cite a pedestrian who violates that provision unless a reasonably careful person would realize that there is an immediate danger of a collision with a moving vehicle.
The City recognizes the State’s authority to regulate streets and highways, including pedestrian crossings. The City has also been collecting data that demonstrates the high incident of vehicle versus pedestrian incidents within the City. To strengthen and protect the health, welfare, and safety of both pedestrians and motorists traveling within and through our community, an ordinance regarding pedestrians on street medians is provided for the City Council’s consideration.
In recent years, the City has also received complaints from residents, visitors, and businesses about the presence of individuals who are standing, lying, or sitting within or around drive-through lanes at retail or service businesses. For the reasons provided below, the ordinance would also generally prohibit pedestrians from being in or adjacent to a drive-through.
Proposed Ordinance
The draft ordinance proposes adding new Chapters 10.34 and 10.36 to Title 10 of the Stanton Municipal Code. If enacted, Chapter 10.34 would prohibit pedestrians from standing, sitting, lying, or otherwise remaining on a street median. Remaining in a median includes walking up and down the median. A street median is defined as, “a raised and curbed area, of variable width, which may or may not contain landscaping or hardscaping features, located in the approximate center of the street, parallel to the travel lanes, separating opposing lanes of motor vehicle traffic and channeling the location of the motor vehicle traffic.” The proposed ordinance provides exceptions to those who may be on a street median, including City employees or contractors maintaining the median island, emergency personnel or other persons temporarily using a median island because of an accident or vehicular emergency, or persons temporarily using a median island to cross a road, street, or highway. In other words, unless an exception applies, pedestrians may only briefly be on a median to facilitate active and safe crossings.
The new Chapter 10.36 would apply to “drive-throughs,” which mean a retail or service business (e.g., an automated teller machine (ATM), bank, pharmacy dispensary, coffee house, fast-food restaurant, etc.) where products or services may be obtained by motorists without leaving their vehicle. If enacted, Chapter 10.36 would prohibit pedestrians from standing, sitting, lying, or otherwise remaining inside of any drivethrough. Remaining in a drive-through includes but is not limited to walking in or about the drive-through. The proposed ordinance also prohibits pedestrians from standing, sitting, or lying within 6 feet of any drive-through. Various individuals are exempted from this prohibition, including employees and contractors of the businesses to which the drivethrough is connected, emergency personnel, and City employees or contractors.
Moreover, an exception also exists for persons located in a public right-of-way.
ANALYSIS/JUSTIFICATION:
The City reviewed data regarding vehicle versus pedestrian incidents for the past six years. Between 2018 through 2023 (to date), the Orange County Sheriff’s Department reported the following number of vehicle versus pedestrian incidents:
Year Vehicle vs. Pedestrian
Incidents
Incidents Resulting in
Fatalities
2018 27 3 (11%)
2019 24 6 (25%)
2020 23 4 (17%)
2021 22 8 (36%)
2022 28 7 (25%)
2023 (to date) 10 4 (40%)
TOTAL 134 32 (24%)
Similarly, the Orange County Fire Authority also responded to calls regarding incidents between vehicles and pedestrians throughout the City, including 12 in 2020; 14 in 2021, 13 in 2022; and five in 2023.
Pedestrians who stand, lie, sit or remain upon median islands located in the center of streets distract drivers, place pedestrians in harm’s way, and damage landscaping. Such median islands have been installed for safety reasons to separate opposing lanes of traffic and are often landscaped for aesthetic purposes to beautify City arterials and promote traffic calming. There is no intended pedestrian use of such medians.
The State’s revised jaywalking laws do not preempt the City from regulating street medians within the City. The proposed ordinance acknowledges pedestrians’ rights to cross the street in safe manner and also recognizes that for public health and safety reasons, pedestrians should not be in the middle of streets, or on a median, for any extended length of time.
As for drive-throughs, pedestrians standing, lying, sitting or otherwise remaining within such areas can also distract drivers, place pedestrians in harm’s way, and interfere with business operations. Subject to limited exceptions, drive-throughs exist for vehicular traffic purposes, only, and there is no need for pedestrians to stand, sit, lie, or otherwise remain within or around these areas.
Individuals in vehicles that are queuing in drive-throughs can also be “captive audiences” who cannot easily leave the area in the event of unsafe or criminal activity. When there is a line of vehicles in a drive-through, those vehicles are often boxed-in—each vehicle’s ability to exit the drive-through is dependent on the actions of the preceding and following vehicles. This can render such vehicles and the passengers therein vulnerable to unsafe and criminal activity (e.g., drivers throughout the State and country have been robbed or assaulted while queuing in drive-throughs).1 For the same reasons, those standing, sitting, or lying in areas adjacent to a drive-through can pose the same threat to those who are legitimately in a drive-through.
With the above in mind, the City’s intent in prohibiting the conduct of standing, lying, and sitting on medians and within or around drive-throughs is to safeguard the civil liberties of residents and protect the health, safety, and welfare of the public, including pedestrians and drivers. This ordinance is not intended to restrict or infringe upon the free speech rights of individuals but solely to promote the safety and welfare of the community.
FISCAL IMPACT:
If the Council approves the proposed ordinance, Police Services and Code Enforcement could expend additional staff time to cite violators, and the City Attorney’s office could expend additional legal resources prosecuting new violations of the SMC. 1 According to Orange County Sheriff Department records, on August 2, 2023, around 4:21 a.m., a woman was held up in the drive-through of a fast-food restaurant in the City of Aliso Viejo. The alleged perpetrator approached her vehicle on foot and pointed a handgun at her. At some point, the woman ran from the vehicle and the suspect entered the driver’s seat. The suspect attempted to flee in the victim’s vehicle, but then crashed it. See also, e.g., “Suspect carjacks vehicle in Taco Bell drive-thru with kids inside,” Fox 8, August 3, 2023 and available at: https://fox8.com/news/suspect-carjacks-vehicle-in-taco-bell-drive-thruwith-kids-inside-deputies/; “Woman arrested in road rage attack on mother at Northern California McDonald’s drive-thru,” ABC7 Eyewitness News, March 4, 2022 and available at:
https://abc7.com/california-mcdonalds-mother-attacked-drive-thru-assault/11618528/; “Young Men robbed at Whittier drive-through; 5 suspects arrested,” Whitter Daily News, July 30, 2016 and available at:
https://www.whittierdailynews.com/2016/07/30/young-men-robbed-at-whittier-drive-through-5-suspectsarrested/.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of California Environmental Quality Act (“CEQA”), the project is exempt pursuant to Sections 15378(a) and 15061(b)(3) of the State CEQA Guidelines (Title 14 of the California Code of Regulations).
PUBLIC NOTIFICATION:
Public notice was made through the regular agenda process.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 1: – Provide a safe community.
Prepared by: HongDao Nguyen, City Attorney
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:
A. Proposed Ordinance No. 1133
ORDINANCE NO. 1133
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ORDINANCE NO. 1133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADDING CHAPTERS 10.34 AND 10.36 TO TITLE 10 OF THE STANTON MUNICIPAL
CODE REGARDING MEDIAN ISLANDS AND DRIVE-THROUGHS AND FINDING THE
ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTIONS 15378 AND 15061(B)(3) OF THE STATE CEQA
GUIDELINES
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the City recognizes its paramount duty to prioritize the safety and welfare of its residents; and
WHEREAS, the City finds that pedestrians standing, lying, sitting, or otherwise remaining upon median islands located in the center of streets distracts drivers, places pedestrians in harm’s way, and tramples landscaping. Remaining in a median includes walking up and down the median. Such median islands have been installed for safety reasons to separate opposing lanes of traffic and are often landscaped for aesthetic purposes to beautify City arterials and promote traffic calming. There is no intended pedestrian use of such medians; and
WHEREAS, Beach Boulevard is an eight-lane highway and stands as one of the busiest thoroughfares experiencing a constant influx of vehicular traffic within the City; and WHEREAS, it has been observed that pedestrian activities in the medians along Beach Boulevard and other medians throughout the City pose significant safety risks and hazards to pedestrians in light of the constant traffic; and WHEREAS, statistics and data compiled by the City evidences the dangers associated with pedestrians standing, sitting, lying or otherwise remaining in the medians of Beach Boulevard and other medians throughout the City, therefore requiring immediate action to safeguard the well-being of the community; and
WHEREAS, the Orange County Sheriff’s Department reported the following number of vehicle versus pedestrian incidents in the following years: 27 in 2018; 24 in 2019; 23 in 2020; 22 in 2021; 28 in 2022; and 10 in 2023 so far. The incidents occurred throughout the City, including but not limited to the intersections of Beach and Cerritos, Chapman, Katella, Lampson, Orangewood, Stanford, and Magnolia. Of those incidents, 32 resulted in fatalities; and
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ORDINANCE NO. 1133
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WHEREAS, the Orange County Fire Authority also responded to calls regarding incidents between vehicles and pedestrians throughout the City, including 12 in 2020; 14 in 2021; 13 in 2022; and five in 2023 so far; and
WHEREAS, the City is committed to enhancing the safety of pedestrians by discouraging their presence in the medians, thereby reducing the likelihood of accidents, injuries, and fatalities throughout the City’s busy streets and highways; and WHEREAS, in recent years, the City has received complaints from residents, visitors, and businesses about the presence of individuals who are standing, lying, sitting or otherwise remaining within or within a 6-foot radius around drive-through lanes at retail or service businesses. To “remain” in a drive-through includes, without limitation, walking in or through the drive-through for any purpose. The City finds that pedestrians standing, lying, sitting, or otherwise remaining in those lanes or areas adjacent to them can distract drivers, place pedestrians in harm’s way, and interfere with business operations. Subject to limited exceptions, drive-throughs exist for vehicular traffic purposes only and there is no need for pedestrians to stand, sit, lie otherwise remain within or around these areas; and
WHEREAS, individuals who are in vehicles queuing in drive-throughs can also be “captive audiences” who cannot easily leave the area in the event of unsafe or criminal activity. When there is a line of vehicles in a drive-through, those vehicles are often boxedin—each vehicle’s ability to exit the drive-through is dependent on the actions of the preceding and following vehicles. This can render such vehicles and the passengers therein vulnerable to unsafe and criminal activity (e.g., drivers throughout the State and country have been robbed while queuing in drive-throughs). 1 Prohibiting pedestrians from
sitting, lying, standing or remaining within a 6-foot radius of a drive-through is reasonable because of a pedestrian’s ability to stand outside of the drive-through and still reach vehicles queuing in the drive-through. Foreclosing drive-through areas to pedestrians is intended to reduce risks of criminal activity; and
1 According to Orange County Sheriff Department records, on August 2, 2023, around 4:21 a.m., a woman was held up in the drive-through of a fast food restaurant in the City of Aliso Viejo. The alleged perpetrator approached her vehicle on foot and pointed a handgun at her. At some point, the woman ran from the vehicle and the suspect entered the driver’s seat. The suspect attempted to flee in the victim’s vehicle, but then crashed it. See also, e.g., “Suspect carjacks vehicle in Taco Bell drive-thru with kids inside,” Fox 8, August 3, 2023 and available at: https://fox8.com/news/suspect-carjacks-vehicle-in-taco-bell-drive-thruwith-kids-inside-deputies/; “Woman arrested in road rage attack on mother at Northern California McDonald’s drive-thru,” ABC7 Eyewitness News, March 4, 2022 and available at:
https://abc7.com/california-mcdonalds-mother-attacked-drive-thru-assault/11618528/; “Young Men robbed at Whittier drive-through; 5 suspects arrested,” Whitter Daily News, July 30, 2016 and available at:
https://www.whittierdailynews.com/2016/07/30/young-men-robbed-at-whittier-drive-through-5-suspectsarrested/.
ORDINANCE NO. 1133
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WHEREAS, the City’s intent in prohibiting the conduct of standing, lying, sitting or remaining on medians and within and adjacent to drive-throughs is to safeguard the civil liberties of its residents and protect the health, safety, and welfare of the public, including pedestrians and drivers. This Ordinance is not intended to restrict or infringe upon the free speech rights of individuals but solely endeavors to promote the safety and welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.
SECTION 2: CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 3: Code Amendment. Chapter 10.34 is hereby added to Title 10 of the Stanton Municipal Code to read as follows:
“Chapter 10.34 PEDESTRIANS PROHIBITED ON STREET MEDIAN
ISLANDS
10.34.010 Findings and purpose.
10.34.020 Median island defined.
10.34.030 Pedestrians prohibited on median islands.
10.34.010 Findings and purpose.
The City Council finds that pedestrians are standing, lying, and sitting upon median islands located in the center of streets, distracting drivers, placing themselves in harm’s way, and trampling landscaping. Vehicle accident reports involving the street medians in the City support the finding that standing, sitting, and lying on the median islands is dangerous. Such median islands have been installed for safety reasons to separate opposing lanes of traffic and are often landscaped for aesthetic purposes to beautify City arterials. There is no intended pedestrian use of such medians.
Pedestrians may cross a street in accordance with the law and do not need to stand, sit, lie, or otherwise remain on these median islands for any purpose.
ORDINANCE NO. 1133
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The purpose of this chapter is to protect the public safety of drivers and pedestrians and preserve the aesthetics of the City’s landscaped median islands.
10.34.020 Median island defined.
For purposes of this chapter, a median island is a raised and curbed area, of variable width, which may or may not contain landscaping or hardscaping features, located in the approximate center of the street, parallel to the travel lanes, separating opposing lanes of motor vehicle traffic and channeling the location of the motor vehicle traffic.
10.34.030 Pedestrians prohibited on median islands.
Pedestrians are prohibited from standing, sitting, lying, or otherwise remaining upon any median island as defined in Section 10.34.020. To “remain” on a median island includes, without limitation, walking up and down the median for any purpose. However, this prohibition does not apply to City employees or contractors maintaining the median island, emergency personnel or other persons temporarily using the median island because of an accident or vehicular emergency, or persons temporarily using a median to actively cross a road, street, or highway. A pedestrian using a median to cross a road, street, or highway may only briefly be on a median, as necessary, to facilitate active and safe crossings.”
SECTION 4: Code Amendment. Chapter 10.36 is hereby added to Title 10 of the Stanton Municipal Code to read as follows:
“Chapter 10.36 PEDESTRIANS PROHIBITED IN DRIVE-THROUGHS
10.36.010 Findings and purpose.
10.36.020 Drive-through defined.
10.36.030 Pedestrians prohibited in drive-throughs.
10.36.010 Findings and purpose.
Pedestrians standing, lying, sitting, or otherwise remaining within a drivethrough can distract drivers, place pedestrians in harm’s way, and interfere with business operations. Subject to limited exceptions, drive-throughs are intended for vehicular traffic, only, and there is no intended pedestrian use for these areas.
Additionally, individuals in vehicles that are queuing in a drive-through can also be “captive audiences” who cannot easily leave the area in the event of unsafe or criminal activity. When there is a line of vehicles in a drivethrough, those vehicles are often boxed-in because each vehicle’s ability to exit the drive-through is dependent on the actions of the preceding and following vehicles. This can render such vehicles and the passengers ORDINANCE NO. 1133
PAGE 5 OF 6
therein vulnerable to unsafe and criminal activity. Foreclosing drive-through areas and the immediately adjacent areas to pedestrians is intended to reduce such risks.
The purpose of this chapter is to protect the safety and welfare of the community, including but not limited to, drivers and pedestrians.
10.36.020 Drive-through defined.
For purposes of this chapter, a drive-through (retail or service) means a retail or service business (e.g., an automated teller machine (ATM), bank, pharmacy dispensary, coffee house, fast-food restaurant, etc.) where products or services may be obtained by motorists without leaving their vehicle.
10.36.030 Pedestrians prohibited in drive-throughs.
A. Pedestrians are prohibited from standing, sitting, lying, or otherwise remaining in a drive-through (retail or service), as defined in Section 10.36.020. To “remain” in a drive-through includes, without limitation, walking in or through a drive-through for any purpose. Notwithstanding the foregoing, this subsection (A) does not apply to any of the following: (1) employees or contractors of the business to which the drive-through is connected; provided that such individuals are acting within the course and scope of their employment; (2) emergency personnel; or (3) City employees or contractors conducting official business.
B. Pedestrians are prohibited from standing, sitting, or lying within 6 feet of any drive-through (retail or service) as defined in Section 10.36.020. Notwithstanding the foregoing, this subsection (B) does not apply to any of the following: (1) employees or contractors of the business to which the drive-through is connected; provided that such individuals are acting within the course and scope of their employment; (2) emergency personnel; (3) City employees or contractors conducting official business; or (4) individuals within a public right-of-way.” SECTION 5: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.
The City Council of the City of Stanton hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6: Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
ORDINANCE NO. 1133
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SECTION 7: Publication. City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the three (3) designated posting places within the City of Stanton within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 26th day of September, 2023.
DAVID J. SHAWVER, MAYOR
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1133 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 26th day of September, 2023 and was duly adopted at a regular meeting of the City Council held on the 10th day of October, 2023, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PATRICIA A. VAZQUEZ, CITY CLERK
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 26, 2023
SUBJECT: MAYORAL/CITY COUNCIL TERM LIMITS; OVERVIEW AND POLICY
OPTIONS
REPORT IN BRIEF:
Staff is seeking direction from the City Council as to the language that the City should place on a ballot to amend Measure RR – the City’s current two-term lifetime limit on City Councilmember service. Moreover, staff seeks direction on, among other things, when to bring the measure or measures to the voters, which could be the March 5, 2024 or November 5, 2024 Municipal elections. The legal deadlines to place such a measure or measures on the ballot are December 8, 2023 and August 9, 2024, respectively.
RECOMMENDED ACTIONS:
1. City Council declare that the project is not subject to CEQA in accordance with Sections 15378(b)(5) and 15061(b)(3) of the State CEQA Guidelines; and
2. Provide direction to staff regarding the desired language for the ballot measure or measures to amend Measure RR to increase the City’s current two-term lifetime limit on City Councilmember service and add a lifetime limit on Mayoral service; and
3. Provide additional direction to staff regarding whether the aforementioned ballot measure or measures are intended to be separate term limits or a combined term limit; and the Council’s desired election date for placement on either the March or November, 2024 Municipal Election ballot.
BACKGROUND:
At its August 22, 2023 meeting, the City Council directed staff to bring back a staff report that began the process of bringing a ballot measure to the voters that would impose a three-term limit on the Mayor and Councilmembers. The City currently has a two-term limit that was adopted by the voters in 2016, known as Measure RR. Measure RR is currently codified at Stanton Municipal Code Section 2.04.070 and provides:
“A person is ineligible to hold office as a member of the city council if such person has subsequent to December 31, 2015 served on the city council Item: 9B
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for two full terms.”
This is a lifetime limit, as opposed to a consecutive term limit with a “cooling off” period in between terms. Once a Councilmember has served two full 4-year terms the limit will apply and he or she would no longer be eligible to serve on the City Council for their lifetime. Term limits measures are “prospective”, meaning that they may only apply to new terms that were voted upon at the same election as the measure, or new terms voted upon at a later election. Therefore, despite the December 31, 2015 effective date language contained in Measure RR, under applicable State law, its limits only began to apply to new Council terms starting with the November 8, 2016 General Municipal Election.
Following the adoption of term limits, the City moved to by-district elections in which Stanton directly elects its Mayor at-large, and four Councilmembers who are elected bydistrict. The Office of Mayor is separate and distinct from the Office of Councilmember.
Therefore, while Measure RR applies to the four Councilmembers, it does not apply to the Mayor. As a result, the Mayor’s Office is not currently subject to term limits.
Staff seeks direction as to the desired language for the ballot measure or measures to amend Measure RR as well as placement of a measure or measures on either the March or November, 2024 Municipal Election ballot. This report provides an overview of the law as well as policy options for enacting term limits in the City. Based on the direction given, the City Attorney’s Office will prepare the appropriate term limits ordinance(s)/measure(s) as well as the election resolutions for the Council to place the ordinance(s)/measure(s) on the ballot.
ANALYSIS/JUSTIFICATION:
California Government Code section 36502(b) authorizes a general law city to limit the number of terms an elected Mayor and/or City Council members may serve. This State law outlines two principal rules:
• A local term limits measure must be “prospective”. In Stanton’s case, any Council terms elected prior to November 8, 2016 cannot count because there were no term limits in place at the time. However, new Councilmember terms that commenced with the November 8, 2016 General Municipal Election are subject to a two-term limit via Measure RR. Therefore, should Measure RR be amended, the one or two terms a Councilmember has served from 2016 to present would still count against the limit.
For example, if a Councilmember were elected in November, 2016 and elected again in November, 2020, he or she would “term out” in November, 2024 under Measure RR. If Measure RR is amended by Stanton voters next year to enact a three-term limit on Council service, the Councilmember would be entitled to one additional term of service, instead of three additional terms.
As another example, if a Councilmember were elected in November, 2018 and elected again in November, 2022, he or she would “term out” in November, 2026 under Measure RR. If Measure RR is amended by Stanton voters next year to enact a three-term limit on Council service, the Councilmember would be entitled to continue his or her service until 2026 and then be entitled to one additional term of service, instead of three additional terms.
• A local term limits measure requires voter approval. It must be submitted to Stanton voters at a “regularly scheduled election” and obtain majority voter approval.
Length of Term Limits and Other Considerations
The City Council provided direction for three-term limits to apply to the Mayor and Councilmembers. Staff wanted to note additional parameters that are already part of the existing term limits ordinance or issues that are not addressed in the ordinance to receive additional direction:
• “Lifetime” term limit: Measure RR provides that the term limit is a “lifetime” term limit, which means when an official reaches the applicable term limit, he or she may no longer serve in that elected office for the remainder of his or her life. This is in contrast to a “consecutive term limit,” which means that when an elected official reaches the applicable term limit, he or she must step down from the office for a period of time, as may be specified, and after that period, he or she may run again for office.
• Separate Term Limits for Mayor and Council or Combined Term Limits for Both Offices: State law allows a term limits measure to set the same or different limits for the elected Mayor and City Councilmembers. It also allows a single term limit to cover both offices combined. Some possible variations are as follows (though others are also possible):
▪ Place a three-term lifetime limit on Mayoral and Council service, combined (for a total of 12 years of lifetime elected service, regardless of which office); or ▪ Place separate three-term lifetime limits on Mayoral and Council service (for a total of 24 years of lifetime elected service between both offices (12 + 12)). • Partial terms: Another issue concerns how to handle partial terms - when someone is specially elected or appointed to fill a Mayoral/Council vacancy for less than the full four-year term. Under Measure RR, partial terms do not count against the limit at all. Only “two full terms” count.
Multiple Term Limit Measures on the Ballot
The City Council has asked for a ballot measure that would impose a three-term limit on both the Mayor and Councilmembers. However, if that measure fails, then the status quo would remain. That would mean two term limits for Councilmembers, only, and no term limits for the Mayor.
To address the latter circumstance, the Council could place more than one measure on the ballot for the same election. For example, one ballot measure could address whether the Mayor should be subject to a two-term limit. Another ballot measure could address whether the Mayor and Councilmembers should each be subject to a three-term limit.
Since the two measures address the same topic, the City Attorney’s Office would draft the measures to be “competing” with each other. Legally, this means that if each gains majority voter approval, the one that secures more votes becomes effective.
Timing of Measure(s) on the Ballot
A term limit ballot measure may only be considered at a “regularly scheduled election,” which means (i) a statewide primary election, (ii) a statewide general election or (iii) a general municipal election. The next Statewide Primary Election will be held on March 5, 2024. The next Statewide General Election will be held on November 5, 2024, which also coincides with the City’s next General Municipal Election. Stanton would therefore have these two potential dates in 2024 upon which to place a term limits measure on the ballot.
For a March 5, 2024 election, the deadline for the Council to place a local measure on the ballot is December 8, 2023. For a November 5, 2024 election, the deadline is August 9, 2024.
If any Councilmember is facing the possibility of being “termed out” at the November 5, 2024 General Municipal Election and would like to run again, a term limits measure could be placed on the March 5, 2024 ballot. If that occurred, the final voting results would be known and certified the following month. Therefore, all potential candidates, if they seek Council nomination in July-August, 2024, would know with certainty whether they could serve the term they are seeking.
If a measure proposing a third Council term was placed on the November, 2024 ballot and did not pass, any Councilmember running for a third term at that same election— even if he or she won the election—would not be permitted to serve a third term under Measure RR. This would inject considerable uncertainty into the November, 2024 Election.
In sum, the wording of a term limits measure is largely left to local policy, subject to the measure applying “prospectively” and securing majority voter approval. In the case of a Council-sponsored measure, the City Council, in consultation with the City Attorney, would ultimately propose the final language to present to Stanton voters at either a March 5, 2024 or November 5, 2024 Municipal election.
FISCAL IMPACT:
None at this time. However, if a term limits measure were placed on the ballot, there would be an expense to the City to have the Orange County Registrar of Voters conduct the election. According to the County, placing one ballot measure on the March, 2024 election is estimated to cost between $50,000 and $60,000 while placing one ballot measure on the November, 2024 election is estimated to cost between $40,000 and $50,000.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of California Environmental Quality Act (“CEQA”), the project is exempt 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 15061(b)(3) (commonsense exemption) of the State CEQA Guidelines (Title 14 of the California Code of Regulations).
PUBLIC NOTIFICATION:
Public notice was made through the regular agenda process.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.
Prepared by: HongDao Nguyen, City Attorney
Approved by: Hannah Shin-Heydorn, City Manager