Agenda — Stanton City Council, September 24, 2024

NOTICE AND CALL

CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

SPECIAL MEETING

TO THE MEMBERS OF THE CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY FOR THE CITY OF STANTON AND TO THE CITY CLERK / SECRETARY:

NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council / Successor Agency / Stanton Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on September 24, 2024, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680.

The Agenda for the Special Meeting is attached to this Notice and Call.

Dated: September 19, 2024
s/ Patricia A. Vazquez, City Clerk / Secretary

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 PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

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: (823 9605 6553) 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/82396056553?pwd=6Ze1KhyMKGOBhX8ZGlxdw6VXNpKJwi.1

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].

Stanton City Council Agenda Prepared by the Office of the City Clerk September 24, 2024

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

SPECIAL & JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, SEPTEMBER 24, 2024
SPECIAL CLOSED SESSION - 5:30 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

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 or via e-mail at [email protected].

Notification prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

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: (823 9605 6553) 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/82396056553?pwd=6Ze1KhyMKGOBhX8ZGlxdw6VXNpKJwi.1

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].

Stanton City Council Agenda Prepared by the Office of the City Clerk September 24, 2024

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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.StantonCA.gov.

1. CLOSED SESSION (5:30 PM)

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

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.

4. CLOSED SESSION
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 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 STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

6. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Van
Mayor Pro Tem / Vice Chairperson Warren
Mayor / Chairman Shawver
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7. PLEDGE OF ALLEGIANCE

8. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation of proclamation declaring the week of October 6-12, 2024 as Fire Prevention Week in the City of Stanton.

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

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

CONSENT CALENDAR
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
RECOMMENDED ACTION:

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated August 23, 2024 – September 5, 2024, in the amount of $1,736,720.28.
9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Special and Joint Regular Meeting – September 10, 2024.

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9D. AWARD OF CONSTRUCTION CONTRACT FOR THE CITYWIDE CONCRETE REPAIR

PROJECT
Twelve bids for the Citywide Concrete Repair Project were opened on September 5, 2024. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by CJ Concrete Construction, Inc. to be the lowest responsible and responsive bid at $165,300.

RECOMMENDED ACTION:

1. City Council find that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 1, and 15301(c) as repair, maintenance, and minor alteration of existing streets, sidewalks, gutters, and similar facilities; and

2. Award a construction contract for the Citywide Concrete Repair Project to CJ Concrete Construction, Inc. for the bid amount of $165,300 and reject all other bids; and

3. Authorize the City Manager to bind the City of Stanton and CJ Concrete Construction, Inc. in a contract for the construction; and

4. Authorize the City Manager to approve contract change orders, not to exceed $39,700.
9E. ACCEPTANCE OF THE 8930 PACIFIC AVENUE DEMOLITION AND ABATEMENT

PROJECT
The 8930 Pacific Avenue Demolition and Abatement Project consisting of the demolition and abatement of the vacant 4-plex building located at 8930 Pacific Avenue is now complete. The final construction cost for the project was $96,000, the contract award amount. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of September 11, 2024, and recommends that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 1, and 15301l(3); and

2. Accept the completion of improvements for the 8930 Pacific Avenue Demolition and Abatement Project, as certified by the City Engineer, and affix the date of September 11, 2024 as the date of completion of all work on this project; and

3. Approve the final construction contract amount of $96,000 with Interior Demolition, Inc.; and
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4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and

5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Interior Demolition, Inc. in the amount of $4,800.
9F. LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR

HOLLENBECK PARK
In order to continue the License Agreement for Hollenbeck Park (Assessor’s Parcel Numbers 126-384-23, 126-336-08, and 126-372-36), between Southern California Edison and the City of Stanton, it is necessary to approve the agreement for a term of five (5) years commencing June 1, 2025, and ending on May 31, 2030. The City will pay Southern California Edison Company the sum of $15,438.43 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. 9.3118 to continue leasing Assessor’s Parcel Numbers 126-384-23, 126-336-08, and 126-372-36, Hollenbeck Park for a five-year period commencing June 1, 2025, to May 31, 2030; and

3. Authorize the City Manager to execute said agreement. 9G. PROFESSIONAL SERVICES AGREEMENT FOR PROCESSING OF PARKING AND

ADMINISTRATIVE CITATIONS
Council will consider entering into a Professional Services Agreement (PSA) with Turbo Data Systems, Inc., for processing parking and administrative citations in an amount not to exceed $40,000 annually to cover the period through June 30, 2027. The City currently uses Turbo Data Systems, Inc. for this service and entering into a new PSA would continue the existing service.

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
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2. Authorize staff to exercise an exception to the standard procurement procedures in the best interest of the City to preserve government efficiency and public safety in the community by waiving the competitive bid procedures required; and

3. Approve the Professional Services Agreement with Turbo Data Systems, Inc. for processing of parking and administrative citations to cover the period from July 1, 2024, through June 30, 2027; and

4. Authorize the City Manager to execute the Professional Services Agreement with Turbo Data Systems, Inc. for processing of parking and administrative citations.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS
11A. APPROVAL OF THE REDESIGN OF THE CITY’S OFFICIAL LOGO, BRANDING AND

MESSAGING
This report seeks City Council approval for the finalized design elements of Stanton's branding and messaging project. These elements include a comprehensive logo system, City motto, communications plan and wayfinding sign guidelines.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Approve the finalized logo system, motto, communications plan and wayfinding sign guidelines, authorizing staff to proceed with implementation.

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12. NEW BUSINESS
12A. CONSIDERATION OF ADOPTION OF RESOLUTION IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT The City Council will consider adoption of a resolution in support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, as prepared by the League of California Cities.

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. Provide direction to staff regarding whether or not to approve Resolution No. 2024- 33, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AFFIRMING THE CITY'S SUPPORT OF PROPOSITION 36,

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION
ACT”.
12B. APPROPRIATION FOR REPAIR OF WESTERLY END STANTON PARK

PEDESTRIAN BRIDGE
The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. Council will consider approving an appropriation of $250,000 from the Fiscal Year 2024-25 General Fund Special Projects for its repair.

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 or governments that will not result in direct or indirect physical changes in the environment); and

2. Approve the filing of a claim through the California Joint Powers Insurance Authority (CJPIA) and an appropriation of $250,000 from the Fiscal Year 2024-25 General Fund Special Projects for the deductible for the repair of the Stanton Park Pedestrian Bridge; and

3. Approve the addition of three existing pedestrian bridges located at Stanton Park to the City’s facilities insurance provided through the CJPIA at an annual premium amount of $3,017 (to be prorated for the remainder of the year); and

4. Direct staff to include any future City bridges on the City’s facilities insurance.

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13. 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.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. 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.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 15C. 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.

Currently Scheduled: None.

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

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. 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.

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 19th day of September, 2024. s/ Patricia A. Vazquez, City Clerk/Secretary

FIRE PREVENTION WEEK
October 6-12, 2024
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk from fire; and
WHEREAS, in the United States last year, a home structure fire was reported every 88 seconds, a home fire death occurred every three hours and fourteen minutes, and a home fire injury occurred every 53 minutes; and
WHEREAS, only 1 in 4 Americans tests their smoke detector monthly per the U.S. Fire Administration’s recommendation; and
WHEREAS, 30% of Americans admit to committing a major fire hazard by either disconnecting their smoke alarms (21%) or not having one altogether (9%); and WHEREAS, working smoke alarms in the home can reduce the risk of dying in a fire by more than half; and
WHEREAS, Orange County Fire Authority, in partnership with the American Red Cross, has installed 19,819 free smoke alarms throughout Orange County since 2015; and WHEREAS, Orange County residents are responsive to public education and outreach measures and can take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2024 FIRE PREVENTION WEEK theme, “Smoke alarms: Make them work for you!” strives to educate everyone about the importance of having working smoke alarms in the home.

NOW, THEREFORE, LET IT BE RESOLVED, that I, David J. Shawver, Mayor of the City of Stanton and on behalf of the entire City Council do hereby declare the week of October 6-12, 2024, to be FIRE PREVENTION WEEK throughout the City of Stanton, and in doing so encourage the citizens of this community to join with me in practicing and urging Orange County residents to also practice safe cooking habits. Stay in the kitchen while cooking, remove items from around the stove that can catch fire, and to also support the many public safety activities and efforts of Orange County Fire Authority during FIRE PREVENTION WEEK 2024.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND

AND CAUSED TO BE AFFIXED THE SEAL OF THE CITY OF
STANTON THIS 24TH DAY OF SEPTEMBER, 2024.

DAVID J. SHAWVER, MAYOR
Item: 8A
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August 23 - September 5, 2024
Payments to Vendors:

Electronic Transaction Nos. $ 114,464.61
Check Nos. 138378-138425 (A) 187,285.24
Other Electronic Transactions ACH (B) 1,276,748.31
Total Payments to Vendors $ 1,578,498.16
Direct Deposit Payments (C):

Payroll dated August 29, 2024 158,222.12
TOTAL PAYMENTS $ 1,736,720.28
Notes:

A = Check number 138423 was voided and re-issued with check number 138425.

B = These are electronic payments processed via a file exported from the City's Finance system and uploaded to the City's bank account. The City's Finance system designates these payment transactions as "ACH". A specific transaction number is not assigned.

C = Represents the total net payroll paid through direct deposit on pay date.

Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan

CITY OF STANTON

WARRANT REGISTER
3397-3412
conform to the City of Stanton Annual
Budget as approved by the City Council.

Demands listed on the attached registers
City Manager Finance Director
Item: 9B
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Special and Joint Regular Meeting – September 10, 2024 - Page 1 of 13

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 MEETING SEPTEMBER 10, 2024

SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (5:30 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 5:30 p.m. by Mayor / Chairman Shawver.

2. ROLL CALL

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

Absent: None.

Excused: Council/Agency/Authority Member Torres.

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 5:31 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 LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1
Case Name: Tina Pacific Residents Association, et al. v. City of Stanton Case Number: 30-2023-01316300-CU-WM-CXC
Item: 9C
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AMENDMENT AND APPROVAL AT NEXT MEETING
4C. 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)
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)
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THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
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
Trachy Family Trust (Phillip R. Trachy), Owner
Under Negotiation: Instruction to negotiator will concern price and terms of payment.

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.

6. ROLL CALL

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

Absent: None.

Excused: Council/Agency/Authority Member Torres.

7. PLEDGE OF ALLEGIANCE
Led by Mr. Mark Lowry, Director of Orange County Food Bank.

8. SPECIAL PRESENTATIONS AND AWARDS
The City Council proclaimed September 2024 as Hunger Action Month within the City of Stanton and presented a proclamation to Mr. Mark Lowry, Director of Orange County Food Bank.

The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 5:31 to 6:30 p.m.

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

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9. CONSENT CALENDAR
Mayor Pro Tem Warren requested to pull item 9H from the consent calendar for separate discussion.

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

AYES: 4 (Shawver, Taylor, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: 1 (Torres)
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 August 9, 2024 –August 22, 2024, in the amount of $2,538,926.70.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Special and Joint Regular Meeting – August 27, 2024.
9D. JULY 2024 INVESTMENT REPORT
The Investment Report as of July 31, 2024, 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 July 2024.

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AMENDMENT AND APPROVAL AT NEXT MEETING
9E. JULY 2024 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of July 31, 2024, 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 July 2024. 9F. JULY 2024 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF

CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended July 31, 2024, 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.

2. Received and filed the General Fund and Housing Authority Fund July 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended July 31, 2024.
9G. CONTINUE APPROPRIATIONS FOR BUDGETED ACTIVITIES THAT WERE IN PROCESS AS OF JUNE 30, 2024
At the end of each fiscal year, City staff reviews the available budget balances in the operating budget to determine whether any unspent budget appropriations should be carried forward to the subsequent fiscal year. City Resolution No. 2024-20, which was approved by the City Council on June 11, 2024, authorizes all appropriations for outstanding encumbrances, unspent operating grant funds, and projects that remain unspent as of June 30, 2024, be reappropriated to the Fiscal Year (FY) 2024/25 Operating and Capital Budget upon approval by the City Manager. The items listed in Attachment A require City Council approval for reappropriation to the FY 2024/25 Operating Budget because they do not represent an outstanding encumbrance, unspent operating grant fund, or unspent project. Therefore, staff is seeking City Council approval to carryover the $3,741,670 in unspent budgeted funds to the FY 2024/25 Operating Budget.

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

2. Amended the FY 2024/25 Operating Budget to continue the appropriation of unexpended funds for activities that were budgeted in FY 2023/24, but were not completed by year end, as set forth in Attachment A.
9I. APPROVAL OF FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT

WITH THE CITY OF GARDEN GROVE TO INCREASE COMPENSATION FOR FERN STREET REHABILITATION PROJECT (TASK CODE NO. 2025-103) During construction of the Fern Street Rehabilitation Project, an unforeseen condition was encountered with the pavement subbase on the City’s side of Fern Street. This condition has resulted in a construction change order and delays. Staff is requesting the approval of additional funds in the amount of $50,000 in order to complete the Project. Due to the increased scope of work, an Amendment to the Cooperative Agreement with the City of Garden Grove is required to amend the compensation amount for the City of Stanton’s portion from $120,478 to $184,478.

1. The City Council finds that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing public structures; and

2. Approved the request for additional funds for the Fern Street Rehabilitation Project (Task Code No. 2025-103); and

3. Appropriated $50,000 from the Gas Tax Fund (#211) to increase the Fern Street Rehabilitation Project (Task Code No. 2025-103) budget; and

4. Approved the First Amendment with the existing Cooperative Agreement with the City of Garden Grove; and

5. Allowed the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and

6. Authorized the City Manager to execute the First Amendment to the existing Cooperative Agreement with the City of Garden Grove.

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9J. RESOLUTION APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 Pursuant to the Political Reform Act (the “Act”), the City Council directed staff to: (1) conduct a review of the City Conflict of Interest Code (the “Code”) to determine if a change in the Code was necessary; (2) file a biennial notice regarding the results of the review no later than the required deadline; (3) revise the Code if necessary based upon such review; and (4) submit the amended Code to the City Council for adoption and approval, in accordance with Section 87303 of the Act.

During the review process, staff found that amendments to the City’s Conflict of Interest Code are necessary. A redline version of the proposed amended Code is attached.

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. Approved and adopted Resolution No. 2024-31, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

STANTON APPROVING AND ADOPTING AN AMENDED

CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT OF 1974”.
9K. AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR SEWER RATE

STUDY AND SEWER CONNECTION FEE STUDY (WILLDAN FINANCIAL

SERVICES)
On July 8, 2024, the City issued a Request for Proposal (“RFP”) to solicit proposals from qualified firms to conduct a financial evaluation of the City’s Sewer Enterprise Funds and to develop a five-year rate structure to meet both the operational and maintenance needs of the City’s sewer system, as well as implement the proposed Capital Improvement Program (“CIP”) outlined in the City’s recently updated Sewer Master Plan. In addition, the City requested a separate cost proposal for a review (and update, if deemed appropriate) of the City’s sewer connection fee. The City received proposals from three firms. Upon staff review of the proposals, staff recommends the City Council approve a professional services agreement with Willdan Financial Services (“Willdan”) for a total fixed cost of $39,340 (Attachment A).

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project, they would still be exempt from CEQA under State CEQA Guidelines Section 15301; and

2. Authorized the City Manager to execute a professional services agreement with Willdan to complete a sewer rate study and sewer connection fee study; and

3. Authorized the City Manager to approve a change order to the agreement to reimburse Willdan the direct costs associated with the printing, processing, postage, and mailing of Proposition 218 notices at Willdan’s actual cost plus 10% for administrative services.

END OF CONSENT CALENDAR
9H. AUTHORITY TO ADVERTISE FOR CONSTRUCTION: FISCAL YEAR 2023/2024

CITYWIDE STEET RESURFACING PROJECT
The plans and specifications for the Fiscal Year (FY) 2023/2024 Citywide Street Resurfacing Project are substantially complete. In the interest of time, the City Engineer is recommending City Council approve the draft specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The Project plans and specifications are available in the City Engineer’s Office for review.

Staff report by Mr. Cesar Rangel, Public Works Director / City Engineer.

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

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

2. Approved the bid specifications and plans, subject to revisions required by the City Engineer and the City Attorney; and

3. Authorized and advertise for bids the FY 2023/2024 Citywide Street Resurfacing Project.

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10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS
11A. APPROVAL OF ORDINANCE NO. 1146 - AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION

20.540 OF THE STANTON MUNICIPAL CODE PERTAINING TO THE

STANDARDS FOR TEMPORARY USES AND SPECIAL EVENTS
This Ordinance was introduced at the regular City Council meeting of August 27, 2024.

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

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

1. The City Clerk read the title of Ordinance No. 1146, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 20.540 OF THE STANTON

MUNICIPAL CODE PERTAINING TO THE STANDARDS FOR
TEMPORARY USES AND SPECIAL EVENTS”; and

2. The City Council adopted Ordinance No. 1146.
11B. APPROVAL OF ORDINANCE NO. 1149 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING CHAPTER 10.04 OF TITLE 10 OF THE STANTON MUNICIPAL CODE TO IMPLEMENT THE SPEED LIMITS

CONSISTENT WITH CURRENT ENGINEERING AND TRAFFIC SURVEYS This Ordinance was introduced at the regular City Council meeting of August 27, 2024.

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

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

1. The City Clerk read the title of Ordinance No. 1149, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING CHAPTER 10.04 OF TITLE 10 OF THE STANTON

MUNICIPAL CODE TO IMPLEMENT THE SPEED LIMITS CONSISTENT WITH CURRENT ENGINEERING AND TRAFFIC SURVEYS”; and

2. The City Council adopted Ordinance No. 1149; and

3. Directed City staff to install speed limit postings in areas with newly amended speed limits and areas currently without proper postings to ensure residents are aware of the changes.
11C. APPROVAL OF THE REDESIGN OF THE CITY’S OFFICIAL LOGO, BRANDING

AND MESSAGING
This report seeks City Council approval for the finalized design elements of Stanton's branding and messaging project. These elements include a comprehensive logo system, City motto, communications plan and wayfinding sign guidelines.

RECOMMENDED ACTION:

2. Approve the finalized logo system, motto, communications plan and wayfinding sign guidelines, authorizing staff to proceed with implementation.

Mayor Shawver requested that this item be tabled for discussion to ensure that each member of the City Council be present for presentation, review, and discussion.

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

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

The City Council tabled this item for discussion at a future regularly scheduled City Council meeting.

12. NEW BUSINESS
12A. 2024 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE

APPOINTMENT OF VOTING DELEGATE AND VOTING DELEGATE ALTERNATE The League of California Cities (Cal Cities) Annual Conference and Expo is scheduled for October 16 – 18, 2024 in Long Beach, California. The League's Annual Business Meeting is scheduled to be held on October 18, 2024. At this meeting, the League membership considers and takes action on proposed bylaws and resolutions that establish League policy. In order to vote at the Annual Conference/Annual Business Meeting, the City Council must designate a voting delegate and/or voting delegate alternate whom will determine the City’s position on each proposed bylaw and/or resolution.

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

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

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

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
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2. Designated Council Member Hong Alyce Van as the voting delegate and Mayor David J. Shawver as the voting delegate alternate to serve as the City’s representatives at the 2024 League of California Cities Annual Conference and Expo in Long Beach, California; and

3. Directed the voting delegate and voting delegate alternate to review and determine the City’s position on each proposed petitioned resolution, so that the voting delegates can represent the City’s position at the 2024 Annual League of California Cities Business meeting.

13. ORAL COMMUNICATIONS – PUBLIC
Mr. Business Owner, Metal Movers, spoke requesting that the City provide him with an extension in order to comply with the City’s rules and regulations pertaining to the operation of his business located at 8371 Monroe Avenue, Stanton.

Mayor Shawver requested to hear item 17A Orange County Fire Authority out of order. 17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Battalion Chief Brian Bear provided the City Council with an update on their current operations.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Van reported on the upcoming 5th Annual Mid-Autumn Festival (Tết Trung thu) 2024, which is scheduled to take place on September 15, 2024, from 10:00 AM – 12:00 PM at Stanton Central Park.
• Mayor Shawver and Captain Ryan C. Pierce reported that Congressman Lou Correa secured $1 million dollars in federal funding to support critical upgrades to the City’s Public Safety Center.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
None.

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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
None.

Heard out of order.
17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

18. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 7:00 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: September 24, 2024
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE CITYWIDE

CONCRETE REPAIR PROJECT
REPORT IN BRIEF:

Twelve bids for the Citywide Concrete Repair Project were opened on September 5, 2024. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by CJ Concrete Construction, Inc. to be the lowest responsible and responsive bid at $165,300.

RECOMMENDED ACTIONS:

2. Award a construction contract for the Citywide Concrete Repair Project to CJ Concrete Construction, Inc. for the bid amount of $165,300 and reject all other bids; and

3. Authorize the City Manager to bind the City of Stanton and CJ Concrete Construction, Inc. in a contract for the construction; and

4. Authorize the City Manager to approve contract change orders, not to exceed $39,700.

BACKGROUND:

The scope of work for the Citywide Concrete Repair Project consists of removing and replacing various concrete infrastructure such as sidewalks, curb and gutters, and driveway approaches throughout the City.

On July 23, 2024, the City Council authorized staff to advertise this project for construction and approved the plans and specifications.

Item: 9D
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2 ANALYSIS/JUSTIFICATION:

Bid opening for this project was on September 5, 2024. Twelve (12) bids were received and opened as follows:

Rank Company Bid
1 CJ Concrete Construction, Inc. $ 165,300
2 TVR Construction Engineering, LLC $ 198,200
3 Onyx Paving Company, Inc. $ 214,000
4 Estate Design & Construction, Inc. $ 228,880
5 Aguilar & Calderon $ 233,850
6 Nobest, Inc. $ 245,700
7 Hardy & Harper, Inc. $ 247,500
8 MJ Jurado, Inc. $ 264,465
9 Armstrong Cal Builders, Inc. $ 276,400
10 Gentry General Engineering, Inc. $ 320,348
11 We R Builders, Inc. $ 333,700
12 PUB Construction, Inc. $ 391,350
CJ Concrete Construction, Inc. submitted the lowest responsible bid in the amount of $165,300, which is approximately over 29 percent below the Engineer’s estimate of $235,000. Staff has reviewed the submitted documents and found that CJ Concrete Construction, Inc. has submitted the lowest bid and is compliant with the contract documents. References were checked with the Cities of Orange, Montebello and Bellflower. Staff is requesting a large contingency in order to capture all the allocated grant funds for this project.

For every construction contract awarded by City Council, City staff is required to return to City Council to accept the improvements, approve the final construction contract amount, and direct the City Council to file a Notice of Completion.

FISCAL IMPACT:

The Fiscal Year 2024/2025 Adopted Budget includes $240,000 for this project (Task Code No. 2025-104) funded by a grant ($200,000) and the Gas Tax Fund ($40,000). The following table presents an estimated breakdown of the revised estimated project costs:

Description Amount
Construction Contract $ 165,300
Contingency $ 39,700
Inspections $ 20,000
Total $ 225,000
3 This project will be funded partially by the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) via State funds, in the amount of $200,000, with the remaining $25,000 funded through the Gas Tax Fund (#211). Upon completion of the project, staff will be requesting reimbursement from the State for the CRRSAA funds and will return the budget savings to the Gas Tax Fund’s available fund balance.

ENVIRONMENTAL IMPACT:

This project is exempt under the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing streets, sidewalks, gutters, and similar facilities.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

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

PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared by: Han Sol Yoo, Associate Engineer
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Citywide Concrete Repair Project Contract
B. CJ Concrete Construction, Inc. Proposal
CA-1

CITY OF STANTON

CONTRACT AGREEMENT

CITYWIDE CONCRETE REPAIR PROJECT
THIS CONTRACT AGREEMENT (or “Contract”) is made and entered into for the abovestated project this _________ day of ___________________, 20 , BY AND BETWEEN THE CITY OF STANTON, as City and CJ CONCRETE CONSTRUCTION, INC. as CONTRACTOR.

WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

Article I
The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Special Provisions in accordance with the Standard Specifications for Public Works Construction, Faithful Performance Bond, Labor and Material Bond, and all referenced specifications, details, Standard Plans and appendices, including all applicable State and Federal requirements; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively all the foregoing shall be referenced as the “Contract Documents”). All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

Article II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

Article III
CONTRACTOR agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole hereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

Attachment: A
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CA-2
Article IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Contract Documents.

The total amount of this contract shall not exceed ONE-HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED Dollars ($165,300.00). CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council, or if pursuant to its authority, the City Manager, or his or her designee. CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager or City representative and CONTRACTOR at the time City’s written authorization is given to CONTRACTOR for the performance of said services.

The City Manager may approve additional work not to exceed 15% of the contract amount approved by City Council or $30,000 whichever is less. Any additional work in excess of this amount shall be approved by the City Council.

Article V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employee to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

Article VI
CONTRACTOR agrees to indemnify and hold harmless CITY and all of its officers, officials, consultants, employees, agents, and volunteers from any claims, demands or causes of action, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.

Article VII
CONTRACTOR affirms that the signatures, titles, and seals set forth herein in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein.

Article VIII
CONTRACTOR shall comply, and shall ensure all subcontractors and/or subconsultants comply with, all applicable terms of the funding agreement between the Department of Transportation (Caltrans) and the City (Agreement No. 12-5327521) (the “Funding Agreement”), funded by the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), attached hereto and incorporated herein by reference, including, without limitation the Federal CA-3
Procurement Regulations set forth in 2 C.F.R. 200 excluding Part 200.318-200.326, 48 C.F.R.

Chapter 1, Part 31, Local Assistance Procedure Manual (LAPM), Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable State regulations.

CA-4
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.

CONTRACTOR CITY OF STANTON
Name Date Hannah Shin-Heydorn Date
Title City Manager
ATTEST:

Name Date Patricia Vazquez Date
Title City Clerk
____________________________________ APPROVED AS TO FORM:

Contractor’s License Number and Classification
____________________________________
DIR Registration Number
Best Best & Krieger LLP Date
City Attorney
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED CA-5
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CITYWIDE CONCRETE REPAIR PROJECT CA-6

CITY OF STANTON

FAITHFUL PERFORMANCE BOND

CITYWIDE CONCRETE REPAIR PROJECT
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or CITYWIDE CONCRETE REPAIR PROJECT CA-7
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
CITYWIDE CONCRETE REPAIR PROJECT CA-8
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

CITYWIDE CONCRETE REPAIR PROJECT CA-9
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CITYWIDE CONCRETE REPAIR PROJECT CA-10

CITY OF STANTON

PAYMENT BOND

CITYWIDE CONCRETE REPAIR PROJECT
KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or CITYWIDE CONCRETE REPAIR PROJECT CA-11
released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

CITYWIDE CONCRETE REPAIR PROJECT CA-12
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CITYWIDE CONCRETE REPAIR PROJECT CA-13

CITY OF STANTON

COMPENSATION INSURANCE CERTIFICATE

CITYWIDE CONCRETE REPAIR PROJECT
Pursuant to Section 1861 of the State Labor Code (amended by Stats. 1979, C.373, p. 1343), before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

Before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

Contractor, prior to commencing work, shall sign and file with the City of Stanton a certification as follows:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTOR
By:

Title:

Date:

CITYWIDE CONCRETE REPAIR PROJECT CA-14
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in the state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
(Amended by Stats, 1978, c. 1379, p. 4571)
Compensation Insurance Certificate
To be submitted with Contract Agreement
Bidder's Name: Cl CONCRETE CONSTRUCTION, INC

BID FORMS

BID ACKNOWLEDGEMENT
NAME OF BIDDER: CJ CONCRETE CONSTRUCTION, INC.

The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract, including all plans, specifications, and all addenda, if any, for the following Project:

CITYWIDE CONCRETE REPAIR PROJECT
To the City of Stanton, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680:

In response to the Notice Inviting Bids dated July 30, 2024 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents, including all plans, specifications, and all addenda, and at the prices stated opposite the respective items set forth in the Bid Schedule.

This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier. 1
The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

BIDDER certifies that in all previous contracts or subcontracts, all reports that may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

BIDDER declares that the only persons or parties interested in this Proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this Bid; that this Proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this Bid is in all respects fair and without collusion or fraud.

If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) calendar days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

P-1
Attachment: B
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 24, 2024
SUBJECT: ACCEPTANCE OF THE 8930 PACIFIC AVENUE DEMOLITION AND

ABATEMENT PROJECT
REPORT IN BRIEF:

The 8930 Pacific Avenue Demolition and Abatement Project consisting of the demolition and abatement of the vacant 4-plex building located at 8930 Pacific Avenue is now complete. The final construction cost for the project was $96,000, the contract award amount. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of September 11, 2024, and recommends that the City Council accept the completed work performed on this project.

RECOMMENDED ACTIONS:

1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 1, and 15301l(3); and

3. Approve the final construction contract amount of $96,000 with Interior Demolition, Inc.; and

4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and

Item: 9E
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2 BACKGROUND:

On June 17, 2024, at approximately 12:30 a.m., the Orange County Fire Authority (OCFA) responded to a garage fire at 8930 Pacific Avenue. The garage structure was red-tagged by the City’s Building Inspector and recommended for demolition.

Staff also recommended the demolition project include the 8930 Pacific Avenue 4-plex to prevent trespassing, further fires, and other unauthorized illegal activities that posed a threat to the public health, safety, and welfare of the Tina Pacific community.

The City’s Purchasing and Contracting Guidelines allow for exceptions to the standard procurement procedures when it is determined to be in the best interests of the City to preserve the public health, safety, and welfare of the community. As such, staff recommended award of contract to Interior Demolition, Inc., who was the lowest responsible bidder in 2022, at the time of the last Tina Pacific demolition project.

On June 25, 2024, Interior Demolition, Inc. was awarded the contract for the project in the amount of $96,000 under the exceptions to the standard procurement procedures listed above.

ANALYSIS/JUSTIFICATION:

The total construction cost for this project was $96,000, which is the awarded contract amount. No change orders were issued for this project.

The 8930 Pacific Demolition and Abatement Project has been completed in conformance with the project plans and specifications and has been accepted by the City Engineer.

FISCAL IMPACT:

The total project amount to be paid to Interior Demolition, Inc. for construction is $96,000 utilizing funds available from the Housing Authority as approved in the Fiscal Year 2024/2025 Operating Budget.

ENVIRONMENTAL IMPACT:

The project has been determined to be categorically exempt under the California Environmental Quality Act (CEQA), Class 1, Section 15301l (3) LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 3: Provide a quality infrastructure.
3 PUBLIC NOTIFICATION:

Notifications were performed through the normal agenda process.

A. Notice of Completion
Recording requested by and
when recorded mail to:

CITY OF STANTON
7800 KATELLA AVE.

STANTON, CA 90680

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE SECTION 27383

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is the City of Stanton.

3. The full address of owner is 7800 Katella Avenue, Stanton, CA 90680.

4. The nature of the interest or estate of the owner is: Public Facility.

5. A work of improvement on the property hereinafter described was completed on September 11, 2024.

The work was the 8930 Pacific Demolition and Abatement Project.

6. The name of the contractor for such work of improvement was: Interior Demolition, Inc.

7. The property on which said work of improvement was completed is in the City of: Stanton, County of Orange, and State of California.

Dated:______________________ ___________________________________, City of Stanton Verification for Individual Owner Cesar Rangel, City Engineer

VERIFICATION
I, the undersigned, say: I am the City Engineer of the City of Stanton, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _______________________________, 2024, at Stanton, California. _________________________________________, City of Stanton Cesar Rangel, City Engineer
(Space above this line for Recorder’s use)
Attachment: A
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 24, 2024
SUBJECT: LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR

HOLLENBECK PARK
REPORT IN BRIEF:

In order to continue the License Agreement for Hollenbeck Park (Assessor’s Parcel Numbers 126-384-23, 126-336-08, and 126-372-36), between Southern California Edison and the City of Stanton, it is necessary to approve the agreement for a term of five (5) years commencing June 1, 2025, and ending on May 31, 2030. The City will pay Southern California Edison Company the sum of $15,438.43 for the term of the contract.

RECOMMENDED ACTIONS:

3. Authorize the City Manager to execute said agreement.

BACKGROUND:

Hollenbeck Park is located on Cerritos Avenue between Dale Avenue and Magnolia Avenue. Hollenbeck Park contains a playground, fitness stations and a walking trail which residents use daily. The City has historically used Southern California Edison property for recreational use. The City has similar agreement with Southern California Edison in the use of the property where Stanton Park is currently located.

On April 14, 2020, the City Council approved Agreement 9.3118 with SCE in order to continue leasing Hollenbeck Park.

Item: 9F
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2 ANALYSIS/JUSTIFICATION:

The City wishes to continue to a License Agreement with SCE for the use of Assessor’s Parcel Numbers 126-384-23, 126-336-08, and 126-372-36 (Hollenbeck Park) for community recreational and parkland purposes. Said agreement will be for five (5) years, commencing June 1, 2025, and continuing through May 31, 2030.

The current contract is set to expire May 31, 2025; however, SCE requested the City to proceed with the renewal process as soon as possible in order to avoid any delays.

FISCAL IMPACT:

The total cost of the five-year agreement is $15,438.43 (an 18% increase from the current lease agreement), and the annual payments will be as follows:

Year Annual Payments
Year 1 $2,793.97
Year 2 $2,933.66
Year 3 $3,080.35
Year 4 $3,234.36
Year 5 $3,396.08
The Fiscal Year 2024/2025 Operating Budget includes sufficient funding for the June 2025 payment that is due. For the remainder of the payments, staff will include funds annually in the City’s General Fund budgets proposed for Fiscal Years 2025/2026 through 2029/2030.

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.
3 Prepared by: Han Sol Yoo, Associate Engineer
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. License Agreement No. 9.3118
SCE Doc. 56067 Att. Contract No. 9.3118
(Formerly Contract No. L2111)
Initial (_______)/(________)
Licensor/Licensee
-1-
Rev9 2023-03-08 JR-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 MATERIALS AND 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 LAWS AND REGULATIONS

26. GOVERNING LAW

27. INDEMNIFICATION; ASSUMPTION OF RISK; RELEASE

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
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SCE Doc. 56067 Att. Contract No. 9.3118
(Formerly Contract No. L2111)
Initial (_______)/(________)
Licensor/Licensee
-2-
Rev9 2023-03-08 JR-KB

37. INDUCED VOLTAGES

38. NOTICES

39. RECORDING

40. COMPLETE AGREEMENT

41. SIGNATURE AUTHORITY

42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS

ADDENDUM(S)

PARK USE

TREES/LANDSCAPING
SCE Doc. 56067 Att. Contract No. 9.3118
(Formerly Contract No. L2111)
Initial (_______)/(________)
Licensor/Licensee
-3-
Rev9 2023-03-08 JR-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 126-384-23, 126-336-08, and 126-372-36, 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. 56067 Att. Contract No. 9.3118
(Formerly Contract No. L2111)
Initial (_______)/(________)
Licensor/Licensee
-4-
Rev9 2023-03-08 JR-KB

1. Use: Licensee will use the Property for park and 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 June, 2025 and ending on the last day of May, 2030. 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 Fifteen Thousand Four Hundred Thirty Eight and 43/100 Dollars ($15,438.43) 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.

SCE Doc. 56067 Att. Contract No. 9.3118
(Formerly Contract No. L2111)
Initial (_______)/(________)
Licensor/Licensee
-5-
Rev9 2023-03-08 JR-KB
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.

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 SCE Doc. 56067 Att. Contract No. 9.3118
(Formerly Contract No. L2111)
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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 or relocate 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.

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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 Material and 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 the use, management, storage, or disposal of waste, including, but not limited to hazardous, toxic or infectious materials. Unless permitted by Licensor in writing, Licensee will not, or allow others to, place, use, or store any hazardous, toxic or infectious materials and/or waste on the Property. 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 SCE Doc. 56067 Att. Contract No. 9.3118
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Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.

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 in accordance with Article 6.

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 Laws and Regulations: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable SCE Doc. 56067 Att. Contract No. 9.3118
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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 also comply with the requirements of every addendum attached hereto. 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 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; Assumption of Risk; Release: 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.

Licensee agrees to assume all risk of loss by fire, flood, earthquake, theft, accident, or casualty of any kind, which may affect the Property, any improvements constructed or installed thereon by Licensee, Licensee’s use of the Property, or exercise of the rights granted herein. Licensee releases and waives all claims against Licensor and each of the indemnified parties for loss or damage caused by, arising out of, or in any way connected with Licensor’s or Licensee’s use of the Property or the exercise of the rights granted herein.

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.

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(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency applicable to 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. (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 SCE Doc. 56067 Att. Contract No. 9.3118
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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 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), 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. THE PROVISIONS OF THIS SECTION 32 SHALL EXPRSSLY SURVIVE THE TERMINATION OR EXPIRATION OF 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.

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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 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 SCE Doc. 56067 Att. Contract No. 9.3118
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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 shall be made in writing and shall be deemed to have been given and received (a) when personally delivered, or delivered by sameday courier; or (b) on the third business day after mailing by registered or certified mail, postage prepaid, return receipt requested; or (c) upon delivery when sent by prepaid overnight express delivery service (e.g., FedEx, UPS); or (d) when sent by email and upon the receipt by the sending party of written confirmation by the receiving party. Notices shall be addressed as follows:

To Licensor: Southern California Edison Company
Vegetation & Land Management
Land Management – Southern Region
2 Innovation Way
Pomona, CA 91768
Email: [email protected]
To Licensee: City Of Stanton
7800 Katella Avenue
Stanton, CA 90280
Email: [email protected]
Business Telephone No. (714) 890-4203
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. Any appendices, addenda and exhibits attached hereto are incorporated herein and made an integral part hereof. 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. In case any provision in this Agreement shall be deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

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.

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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
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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 in accordance with plans approved and stamped by a California electrical engineer
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials.

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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 in accordance with plans approved and stamped by a California 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 pipes must be plastic Schedule 40 or better

3. No irrigation system will be permitted within the following areas reserved for Licensor’s access:
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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 area directly located under the outer circumference of the overhead conductors, which is commonly known as the “drip line.”

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

7. No crushed or freshly laid asphalt will be permitted 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 SCE Doc. 56067 Att. Contract No. 9.3118
(Formerly Contract No. L2111)
Initial (_______)/(_______)
Licensor/Licensee
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Rev9 2023-03-08 JR-KB
e. Under or within 10 feet of the conductor “drip lines”

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 in accordance with plans approved and stamped by a California electrical engineer

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. 56067 Att. Contract No. 9.3118
(Formerly Contract No. L2111)
Initial (_______)/(_______)
Licensor/Licensee
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Rev9 2023-03-08 JR-KB

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.

SCE Doc. 56067 Att. Contract No. 9.3118
(Formerly Contract No. L2111)
Initial (_______)/(_______)
Licensor/Licensee
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Rev9 2023-03-08 JR-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.

1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 24, 2024
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR PROCESSING OF

PARKING AND ADMINISTRATIVE CITATIONS
REPORT IN BRIEF:

Council will consider entering into a Professional Services Agreement (PSA) with Turbo Data Systems, Inc., for processing parking and administrative citations in an amount not to exceed $40,000 annually to cover the period through June 30, 2027. The City currently uses Turbo Data Systems, Inc. for this service and entering into a new PSA would continue the existing service.

RECOMMENDED ACTIONS:

3. Approve the Professional Services Agreement with Turbo Data Systems, Inc. for processing of parking and administrative citations to cover the period from July 1, 2024, through June 30, 2027; and

4. Authorize the City Manager to execute the Professional Services Agreement with Turbo Data Systems, Inc. for processing of parking and administrative citations.

Item: 9G
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2 BACKGROUND:

The City has contracted with Turbo Data Systems, Inc. for the processing of parking citations for over 25 years and has been satisfied with their performance. Public Safety staff is routinely in contact with Turbo Data Systems, Inc. staff and has developed a positive professional relationship. Included in this contract is the addition of automated ticket writers which will improve efficiency and accuracy in the field.

ANALYSIS/JUSTIFICATION:

Approval of the Professional Services Agreement will allow the Department of Public Safety to continue utilizing the current platform to support the operations of the Parking and Code Enforcement Program with minimal disruption and downtime. Staff have been trained and are familiar with the existing platform, which supports operational efficiency and productivity. The proposed term of the PSA is for a period of three years, ending June 30, 2027.

FISCAL IMPACT:

Funds to support the operation of the parking and administrative citation processing program are budgeted in the Fiscal Year 2024-25 Operating Budget.

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).

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVES:

Obj. No. 1: Provide a safe community.

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

PUBLIC NOTIFICATION:

Notifications were performed through normal agenda process. 3 Prepared by: James J. Wren, Public Safety Services Director Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Professional Services Agreement
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CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

PROCESSING OF PARKING AND ADMINISTRATIVE CITATIONS

1. PARTIES AND DATE.

This Agreement is made and entered into this 24th day of September, 2024, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and Turbo Data Systems, Inc., a California Corporation, with its principal place of business at 1551 N Tustin Avenue, Suite 950, Santa Ana, CA 92705 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional processing of parking and administrative citations required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional processing of parking and administrative citations to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the processing of parking and administrative citations project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional processing of parking and administrative services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2027, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Attachment: A
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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.

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

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance, City shall respond to Consultant’s submittals in a timely manner.

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

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

The key personnel for performance of this Agreement are as follows: Roberta J. Rosen.

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Public Safety Services Director, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
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3.2.6 Consultant’s Representative. Consultant hereby designates Roberta J.

Rosen, President, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to 55414.00000\32996936.2
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commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Contractors Pollution Liability: Not Applicable
(d) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(e) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
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3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

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

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
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3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Forty Thousand Dollars ($40,000) (“Annually”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the 55414.00000\32996936.2
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commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, agents and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant:

Turbo Data Systems, Inc.
1551 N Tustin Avenue, Suite 950
Santa Ana CA 92705
Attn: Roberta J. Rosen, President
City:

City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Keith Gifford, Department of Public Safety
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

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

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.6 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
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3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

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

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

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

3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

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

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

3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of September, 2024.

CITY OF STANTON TURBO DATA SYSTEMS, INC.

By:

Hannah Shin-Heydorn
City Manager
By:

Roberta J. Rosen
President
ATTEST:

By:

Patricia A. Vazquez
City Clerk
APPROVED AS TO FORM:

By:

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

SCOPE OF SERVICES
TDS shall perform the following services in processing all Parking Citations:

A. Basic Processing – TDS will enter manual citations and citation dispositions into Customer’s database within 2 business days. The basic service includes database maintenance, daily system backups, tollfree phone number for the public, Interactive Voice Response System (IVRS) with customized recorded information and citation lookup capability, pticket.com web-based Inquiry System for the public with customized content, Customer Service Representatives (8:00 am – 5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding parking citation issues, ongoing Client support, and documentation and training for use of the TDS-provided online system.

B. Handheld Ticket writer Interface - TDS will provide for automated import of electronic citations into Customers database within 1 business day. TDS will maintain and update the hot sheet or scofflaw files on a daily basis for Customer to upload into their handheld ticket writers. TDS will work with Customer to implement any changes required for handheld ticket writer equipment.

C. System and Document Storage - Citations paid or dismissed will be retained on the computer system for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue and then returned to Customer or shredded. Payment documents will be stored for 2 years from the date of payment and then returned to Customer or shredded.

D. Online Reporting - Provide monthly reports online indicating the status of all citations, such reports to be available for Customer access no later than the thirtieth (30th) day of the following month.

E. DMV Interface for Registered Owner Name Retrieval - Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their notice generation date.

F. Notice Processing - Print the required Notice and mail to each registered owner whose name has been retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and name or address changes. The notice date shall be extended whenever there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS.
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G. DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the California DMV for vehicles with California license plates after a Notice of Violation has been mailed to the registered owner and TDS has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the California DMV within 2 business days after the date specified by the Customer to be the DMV Date.

H. DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV that a Notice of Delinquency has been cleared within 2 business days after TDS has received notification of clearance.

I. DMV Interface for Monthly Payment File – Receive payment file from DMV as available (currently monthly) and update DMV transactions into Customers database, providing reporting for reconciliation purposes.

J. Delivery Service – Manual citations will be mailed or scanned to TDS by Customer at their own expense. TDS reports will be provided online. TDS will return any required documents via UPS and/or US Mail.

K. Collection and Payment Processing - TDS will provide the following collection and payment processing services for Customer:
• Provide P. O. Box where payments are mailed
• Courier pickup from P. O. Box daily
• Open all mail
• Verify payment amounts and record on computer system within 2 business days (48 hours) • Respond to reasonable non-judicial public inquiries by phone and mail • Return questionable mail to Customer for decision
• Make bank deposits to Customer bank account using check scanning • Verify amounts deposited, by citation number
• Provide toll-free number for citizen inquiries
• Provide reports for bank statement reconciliation
• Provide monthly Paid Citation Distribution Report for surcharge payments to the County • Scan checks and deposit parking funds into Customer bank account.

L. Out of State Citations - TDS shall process citations for non-California license plates by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports. If they become delinquent, requestsfor registered owner information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to the registered owner and the fine amount requested. TDS will incur all costs for out of state name retrieval, including out-of-state DMV fees and charges. TDS will receive payment from Customer based on the amount of revenues collected from out-of-state citations after the Notice of Intent has been issued. This amount will be billed monthly for the prior months' receipts (as determined from our database and/or reports).

Payments collected via credit card will also incur credit card fees. 55414.00000\32996936.2
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M. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice Response (IVR) System, and through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The systems authorize each transaction while the caller is on the phone or online. Customers are given an authorization number or email confirmation to confirm their charge. The IVR system and the pticket.com web payment system both automatically update the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each customer receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the customer’s account. Should there be any charge backs to a merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to DMV hold. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Customer will not be involved in the daily processing.

N. Administrative Adjudication Processing - TDS will provide for the processing of requests for contesting citations, allowing for Customer processing of administrative reviews, tracking and monitoring all relevant dates on an automated system, mailing timely notification to respondents regarding the status of their claims, and scheduling of administrative hearings. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. Administrative Review requests will be entered within 2 business days of receipt.

Adjudication documents will be stored for 2 years from their activity date and then shredded.

O. Paperless Appeals (eAppealsPRO & Scanning) – TDS will provide online appeal capability for the public to appeal their citations online. TDS will provide the scanning of all mailed-in appeal documents and electronic storage of those documents. TDS will provide an online application to access the appeals, which will be searchable and sortable. TDS will keep an electronic history of processed appeals for at least two years.

P. Online Inquiry Access for Customers’ Staff - Access includes online access 24 hours a day, 7 days a week for Agency personnel to inquire on Customer’s database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, view daily deposits made at TDS’ facility and view daily file transfers sent from the handheld ticket writer software and received at TDS’ facility. TDS’ technical staff will provide support. TDS will provide a real-time secured high-speed connection to the citation database through the Customers' Internet connection. 55414.00000\32996936.2
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Q. Additional Notices – TDS will mail Other Correspondence as required for processing.

R. ICS Collection Service – Special Collections - Outstanding citations (DMV No-Holds or DMV Transfer of Ownership Releases or Non-California plates) and any other citations deemed as delinquent citations by Customer are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Customer’s regular citation processing bank account. The TDS Customer Service Center will handle all ICS related calls through a special toll-free number dedicated to ICS accounts. Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts.

S. Franchise Tax Board Offset Program – TDS will combine citations by license number for total amount due, eliminate corporate names, retrieve SSN’s by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Customer will be required to complete required FTB paperwork and forms (with TDS’ assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the FTB regarding the FTB process.

T. Payment Plans - The Contractor will have a payment plan system in place to comply with all legislation. The plan will allow for waivers, when necessary, for indigent and non-indigent individuals. Plan requests will be submitted to the Customer for review/approval/denial. The Contractor will mail correspondence to let the applicant know the status of their payment plan application and other details. Payment Plans allow the agency to waive fees for indigent persons, adjust the length of the plan and set minimum payments due. If a plan defaults prior to full payment, the system automatically resumes the citation process (DMV, Collections, etc.). The Contractor will provide customized agency specific information for indigent payment plans on pticket.com.

U. Handheld Ticketwriters – ticketPRO Magic
TDS will provide ticketPRO Magic Units (phones and printers) and citations and envelopes as required at the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. RemoteConnect Support for devices while in the field.

TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades as newer versions become available. Support via email for support requests and for reporting software/hardware issues.
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TDS shall perform the following services in processing all Administrative Citations:

A. Basic Processing – TDS will enter manual citations including the name and address of the responsible party from the citation and citation dispositions into Customer’s database within 2 business days. The basic service includes database maintenance, daily system backups, Interactive Voice Response System (IVRS) with customized recorded information and citation lookup capability, pticket.com web-based Inquiry System for the public with customized content, ongoing Client support, and documentation and training for use of the TDS-provided online system. Municipal Administrative citations are scanned to us and then entered manually. Images of the citations are available online for viewing.

B. Automated Entry of Administrative Citations - TDS will provide for automated import of electronic citations into Customers database within 1 business day. TDS will work with Customer to implement any changes required for handheld ticket writer equipment.

E. Notice Processing - Print the required Notice and mail to each responsible party within a City determined number of days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and address changes. The notice date shall be delayed if there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS.

F. Delivery Service – Manual citations will be mailed or scanned to TDS by Customer at their own expense. TDS reports will be provided online. TDS will return any required documents via US Mail.

G. Collection and Payment Processing - TDS will provide the following collection and payment processing services for Customer:
• Provide P. O. Box where payments are mailed
• Courier pickup from P. O. Box daily
• Open all mail
• Verify payment amounts and record on computer system within 2 business days (48 hours) • Respond to reasonable public inquiries by phone and/or mail • Return questionable mail to Customer for decision
• Verify amounts deposited, by citation number
• Scan all checks into Customer bank account – electronic deposits 55414.00000\32996936.2
A-6
• Store and periodically destroy checks as required
• Provide reports for bank statement reconciliation
H. Web Payment System - Payment by Credit Card - Through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The system authorizes each transaction while the customer is online. Customers are given an email confirmation to confirm their charge. The pticket.com web payment system automatically updates the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each customer receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the customer’s account. Should there be any charge backs to the merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to further collections. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Customer will not be involved in the daily processing.

I. Administrative Adjudication Processing Service - TDS will provide for the processing of requests for contesting citations, and tracking and monitoring all relevant dates on an automated system. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. Hearing requests will be entered within 2 business days of receipt.

Adjudication documents will be stored for 2 years from their activity date and then shredded.

J. Administrative Adjudication Hearings – TDS will schedule the Customer’s independent hearing examiner to conduct hearings in person, in writing and over the phone. Customer will provide in person hearing location.

K. Online Inquiry Access for Customers’ Staff- TicketPROWeb Access includes online access 24 hours a day, 7 days a week for Customer personnel to inquire on Customer’s database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, and view daily deposits made by TDS.

TDS’ technical staff will provide support. TDS will provide access to the citation database through the Customers' Internet connection.

L. Additional Notices - TDS will mail Other Correspondence as required for processing.

M. ICS Collection Service – Special Collections - Citations remaining outstanding ninety days after becoming delinquent and any other citations deemed as delinquent citations by Customer are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Customer’s 55414.00000\32996936.2
A-7
regular citation processing bank account. The TDS Customer Service Center will handle all ICS related calls through a special toll-free number dedicated to ICS accounts. Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts.

N. Franchise Tax Board Offset Program – TDS will combine citations by responsible party for total amount due, eliminate corporate names, retrieve SSN’s by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Customer will be required to complete required FTB paperwork and forms (with TDS’ assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the FTB regarding the FTB process. Customer will pay the FTB directly for their offset services.

O. Handheld Ticketwriters – ticketPRO Magic
TDS will provide ticketPRO Magic Units and citations and envelopes as required at the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. RemoteConnect Support is provided for devices while in the field. TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades are provided as newer versions become available. Support via email is provided for support requests and for reporting software/hardware issues.
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EXHIBIT “B”

COMPENSATION

PARKING CITATION PROCESSING
Citation Processing $1.27 per citation - includes 1st notice Discount for Automated Citations $0.10 per automated citation Monthly Minimum $350 per month
Out of State Processing 50% of amounts collected
Administrative Adjudication Letters $2.51 per letter mailed DMV Hold Letters $1.58 per letter mailed
ICS Delinquent Collections 33% of amounts collected
FTB Interagency Processing $2.50 per letter + 15% of amounts collected Payment Plan Processing $10 per payment plan
Payment Plan Letters $1.23 per letter mailed
Credit Card Payment Processing $3.95 Fee Paid by Violator (subject to change) Ticketwriter lease $135 per month per unit – supplies separate Initial ticketwriter install/configuration $100 per unit Fee Increases:

Postal Rate Increase Offset – Fees will increase immediately to offset the amount of any postal increase.

At the end of the 36-month lease, all equipment will be returned to TDS in good working order.

If equipment is not returned, the lease will revert to a month-to-month lease with 30 days’ notice required prior to turning the equipment in. Early termination fees will apply if terminated prior to 60 months.
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ADMINISTRATIVE CITATION PROCESSING
Basic Processing Services (manual citations) $10.00 per citation Monthly Minimum $150 per month
Notice Processing $1.24 per letter mailed
Other Correspondence $1.24 per letter mailed
Administrative Adjudication Letters $1.24 per letter mailed ICS Delinquent Collections 30% of amounts collected
FTB Interagency Processing $30% of amounts collected
Credit Card Payment Processing $4 minimum or 4% of amount collected Fee Paid by Violator
Fee Increases:

Postal Rate Increase Offset – Fees will increase immediately to offset the amount of any postal increase.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties up to a maximum percentage of five percent (5%).
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 24, 2024
SUBJECT: APPROVAL OF THE REDESIGN OF THE CITY’S OFFICIAL LOGO,

BRANDING AND MESSAGING
REPORT IN BRIEF:

This report seeks City Council approval for the finalized design elements of Stanton's branding and messaging project. These elements include a comprehensive logo system, City motto, communications plan and wayfinding sign guidelines.

RECOMMENDED ACTION:

2. Approve the finalized logo system, motto, communications plan and wayfinding sign guidelines, authorizing staff to proceed with implementation.

BACKGROUND:

At the City Council meeting of September 28, 2021, Council directed the formation of an ad hoc committee comprised of Council Member Warren and Council Member Taylor to guide staff’s efforts to revitalize the City's brand, including the redesign of the City's logo and motto.

The Council allocated $100,000 in American Rescue Plan Act (ARPA) funds to support the City's Rebrand & Implementation Project on September 13, 2022, which was later reallocated to the General Fund. Subsequently, on May 9, 2023, the City awarded a contract to HUB for the comprehensive redesign of the City's logo, branding, and messaging.

Item: 11A
Click here to return to the agenda.
2 The scope of work included the following deliverables:
• Brand Assets: Finalized logo designs and template materials. • City Logo (in various colorways)
o Accompanying logos for City departments
o Document templates (letterhead, forms, etc.)
• City Seal (in various colorways)
• City Tagline
• Style Guide: A comprehensive document illustrating the graphic standards and rules for use of the City logos, colors and typography along with design mockups for key materials and guidance for brand applications.
• Wayfinding Signs
• Inventory of current signs
• Design for signs throughout City to match Style Guide • Strategic Communications Plan: A plan to guide Stanton’s communication and community engagement efforts over the next three years. This plan will include a key messaging platform.

Public Information Office (PIO) staff and the City Council ad hoc committee have worked with HUB to complete the following phases:
• Phase 1: Research & Brand Strategy
• Phase 2: Brand Messaging Development
• Phase 3: Development of Visual Brand
• Phase 4: Brand Guidelines & Training
• Phase 5: Brand Roll Out
Through stakeholder engagement, including a public workshop and a series of committee meetings, HUB developed a variety of versions of the logo, motto, and other branding elements. The City Council reviewed and selected a logo and color system on December 12, 2023, and subsequently approved a new City motto and seal on March 12, 2024.

ANALYSIS/JUSTIFICATION:

After working with the ad hoc committee to finalize visuals and deliverables, staff are presenting the complete branding and messaging project to the City Council for approval. The finalized design will serve as a roadmap for usage and implementation, with staff delineating any undefined aspects in the provided guidelines. PIO staff and the PIO committee are currently drafting an implementation plan, with a scheduled introduction of the new brand system to the community targeted for January 2025. 3 The finalized design includes the following elements which can be found in Attachments A-C:
• Brand Assets: This includes the City logo and seal, and their approved variations.
• Brand Templates: This includes style-guide approved template documents for staff, including: applications, forms, letterhead, memos and slideshows. • Brand Guidelines: This will act as our style guide and direct staff in the proper use and implementation of brand assets and templates.
• Communication Guidelines: A strategic plan to ensure consistent messaging across all platforms.
• Wayfinding Sign Guidelines: Design guidelines for signage throughout the City, ensuring visual consistency and ease of navigation.

Staff recommends the approval of the new brand system and accompanying assets and thanks the ad hoc committee for their dedication to creating a cohesive visual environment for our community.

FISCAL IMPACT:

On May 9, 2023, the Council approved a professional services agreement with HUB Ltd. for a not to exceed amount of $85,000.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE:

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. 4 Prepared by: Ashley Cain, Community Services Manager
Reviewed by: Zenia Bobadilla, Community Services Director Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Brand Guidelines
B. Communications Guidelines
C. Wayfinding Guidelines
Brand Guidelines / Version 01 / July 2024
Brand
Guidelines

CITY OF STANTON BRAND GUIDELINES
Attachment: A
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What are Brand Guidelines?
CITY OF STANTON BRAND GUIDELINES2
What are
Brand Guidelines?
A brand is more than just a logo. It’s an all
encompassing system that works together to
convey an overall vision. Consistency is the
backbone of an authentic, trustworthy, and
recognizable brand. This means consistency
in visuals, collateral and all things Stanton.

This is where brand guidelines come in. In short,
brand guidelines are a set of rules explaining how
to represent your brand across channels and assets,
helping your work build credibility and recognition.

This document outlines the composition, design,
and general look-and-feel for your brand.

City of Stanton Brand Elements & Usage
CITY OF STANTON BRAND GUIDELINES 3
Brand
Elements & Usage

CITY OF STANTON BRAND GUIDELINES
4 Logo Marks
Wordmark
This is your main text-based logo, and the
primary logo almost of your brand lockups
are centered around. The script typographic
treatment was inspired by vines or roots,
alluding to the city’s interconnectedness,
resilience and commitment to growth.

It is full of personality and style, and can be used
in most contexts—great for straightforward uses
and for maximum brand recognizability and
communication. Prioritize using this wordmark
and its associated lockups wherever possible,
keeping readability and sizing in mind.

For more information about logo
readability and sizing, refer to page 19.

CITY OF STANTON BRAND GUIDELINES 5
Primary Lockup
Your brand wordmark, with the additional context
of city and state location. This lockup may be
used in almost any branded context for maximum
brand recognizability and communication, but
also more specifically in contexts where viewers
from out of state may not be as familiar with the
city’s location.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 6
Drop-S Primary Lockup
This is a variation of your Primary Lockup, with
the capital “S” dropped for stylization. This and
the Primary Lockup may be used interchangeably.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 7
City & Date Lockup
One of two city-centric lockups, this one includes
the year the city was established to call forward
the history and foundation of the city. Including
the sunburst symbol anchors the lockup, giving it
a stamped, badge-like energy. This lockup may
be used in almost all contexts, but works best for
official city documents, communications, and
so forth.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 8
City-Only Lockup
The second of two city-centric lockups, this one is
a simplified version speaking to the city descriptor
specifically. This one may be used in contexts
where there may not be enough space allotted
for the full city and date lockup, or if readability
starts to get lost with the full lockup.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 9
Tagline Lockups
This logo lockup allow Stanton’s city motto to take
center stage. This lockup is arguably the most
community-focused in the brand toolkit, and should
be used when the priority is to communicate Stanton’s
personality, mission, and vision to a broad audience.

For more specific guidance on how to communicate
Stanton’s personality and tone, please refer to the
Stanton Communication Guidelines document.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 10
Logo Marks
Brand Symbol
The sunburst symbol speaks to Stanton’s
location in sunny Orange County, and acts
as the solar counterpart to the wordmark’s
organic, root-like structure. Just as a plant
needs the sun to grow, this sunburst alludes to
Stanton’s optimism and the forward-thinking
attitude required to blossom into a flourishing
community residents are excited to be a part of.

This symbol may be used in contexts or at sizes
where the primary wordmark is illegible or too
large for the space, like social media icons,
favicons, and patterns or graphic elements.

Think of this mark like a piece of visual
shorthand for the brand—but only use it in
contexts where the brand or brand name is
otherwise clearly evident or recognized.

CITY OF STANTON BRAND GUIDELINES 11
Horizontal Symbol Lockup
This logo acts as a simplified alternative to the
primary lockups, while allowing our sunburst
symbol to play a more prominent role.

This logo may be used in contexts where city or
location details are not necessary.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 12
Vertical Symbol Lockup
This logo acts as a simplified alternative to the
primary lockups, while allowing our sunburst
symbol to take center stage.

This logo may be used in contexts where city or
location details are not necessary.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 13
Logo Marks
Simplified Script Lockup
This lockup allows for maximum readability of
the “Stanton” city name, while maintaining the
personality of the brand’s script typography. This
lockup may be used in cases where readability is
prioritized, but at sizes where the “City of” script
loses legibility, default to the simplified lockup on
the next page.

CITY OF STANTON BRAND GUIDELINES 14
Simplified Lockup
For maximum readability and simplicity, use this
pared down all-caps sans-serif logo lockup.

At very small sizes, use this logo only. For more
guidance on logo sizing, refer to page 19.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 15
Stanton City Seal
The city seal speak specifically to the community’s
goals of forward progress, interconnectedness,
and community. The outer containing shape
incorporates a subtle “S,” signifying the
interconnectedness of the community, while
the rising sun and railroad tracks communicate
optimism, forward momentum, and connection to
fellow Southern Californian communities, as well
as Stanton’s own history.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 16
City Department
Lockup Guidelines
To differentiate from the main brand, department
lockups use the sunburst symbol reversed out of a
circle, coordinated with their department-specific
color selection and the sans-serif brand logotype.

To the right are a few examples of how
department lockups can be constructed. For
specific guidelines and sizing reference for
constructing these lockups, refer to the next
page.

Logo Marks
CITY OF STANTON BRAND GUIDELINES 17
City Department
Lockup Guidelines
Use these sizing and placement guidelines when
constructing department lockups.
100%
HEIGHT

SANS-SERIF LOGOTYPE

ABRIL DISPLAY ITALIC
(~55% HEIGHT OF LOGOTYPE)
~65%
HEIGHT
Logo Marks
CITY OF STANTON BRAND GUIDELINES 18
City Department
Lockup Guidelines
Department lockups can be composed as
left-aligned or centered, so long as the main
typographic text block is centered with the
sunburst symbol — either horizontally or vertically.

Logo Marks
19 Logo Sizing
The script of the primary wordmark and
the secondary typography of main brand
lockups begin to lose readability at very
small sizes. To account for this, at .5” tall,
only the simplified lockup may be used.

For sizes smaller than .25” tall, only the
simplified sans-serif logotype may be used.

1.25” 1” .75” .5” .25”
.1”
Logo Usage

CITY OF STANTON BRAND GUIDELINES

CITY OF STANTON BRAND GUIDELINES
Logo Usage
Do not rearrange or resize typographic
logo elements or words.

Do not stretch, squash, or otherwise warp the logo.

Do not use off-brand colors (other than black
and white when absolutely necessary).

Do not place the logo on a busy background image.

Do not jeopardize readability by placing
photography or patterns inside the logo.

Do not use gradients to colorize the logo. Logos
may only be rendered in solid, flat brand colors.

Logo Usage
20 CITY OF STANTON BRAND GUIDELINES
Logo Clear Space
For sufficient clear space and breathing room to
optimize logo readability, use the width of the “S”
character of the brand wordmark to measure
an adequate border around all logo marks and
lockups.

Logo Usage
21 CITY OF STANTON BRAND GUIDELINES 22
Brand Colors
Brand Color Palette
The brand color palette incorporates organic
tones inspired by the jacaranda flower, the bird
of paradise, and Southern California sunshine,
calling forward an overall feeling of greenery and
growth.

While the colors in this palette were designed
to work in harmony, there are some pairing
guidelines that should be taken into consideration
when using this palette. Refer to the next section
for key reccomendations and regulations for
color accessibility.

CMYK 77/69/00/00
HEX #5160AB
PMS 2125C
CMYK 66/52/00/00
HEX #6478BA
PMS 2123C
CMYK 04/68/100/00
HEX #EA7324
PMS 1505C
CMYK 03/42/77/00
HEX #F2A151
PMS 1365C
CMYK 84/43/66/31
HEX #265D52
PMS 3292C
CMYK 79/30/64/12
HEX #38806B
PMS 7473C
CMYK 04/05/32/00
HEX #F3EBDB
PMS 9224C
CMYK 29/05/32/00
HEX #B7D3B9
PMS 4162C
CMYK 82/73/48/43
HEX #303649
PMS 4280C
CITY OF STANTON BRAND GUIDELINES 23
Color Usage
Color Accessibility
In official city communications and documents,
it’s a best practice to use clearly legible and
accessible color pairings, especially when small
type sizes are involved. The following pages
include guidance on specific color pairings
(foreground objects and backgrounds) that are
safe to use in specific contexts.

If ever unsure about which color pairings
to use at certain type sizes, you can test your
HEX Code values here to check legibility:
https://webaim.org/resources/contrastchecker/
CITY OF STANTON BRAND GUIDELINES 24
Color Usage
Safe Color Usage
When designing with accessibility in mind,
sufficient contrast is key. This is why most official
documents and communications use black text on
a white background. However, when using brand
colors to design things that are more stylized or
specific to the Stanton brand, you may use color
pairings that have been verified for accessibility.

The color pairings to the right have been
tested and are 100% safe to use at various
type sizes using the brand color HEX Codes.

Keep these pairings in mind for text-heavy
applications, like the city website, official email
communications, and PowerPoint presentations.

CITY OF STANTON BRAND GUIDELINES 25
Color Usage
Conditional Color Usage
This set of color pairings have been tested for
accessibility, and pass at large type sizes, yet fail
for smaller type sizes and body copy applications.

With this in mind, you may use these colors under
certain conditions, like large-scale headers
and display type, as well as various shape fills,
patterns, color overlays and any other nontypographic uses.

If ever unsure of accessibility, refer back to the
website provided on page 21, or default to the
color pairings on page 22.

CITY OF STANTON BRAND GUIDELINES 26
Color Usage
Limited Color Usage
This set of color pairings have been tested for
accessibility, and fail at almost all type sizes and
body copy applications.

However, the same principle still applies as with
the previous color set, in that these pairings may
be used in various shape fills, patterns, color
overlays and any other non-typographic uses, but
these colors must never be used for typographic
applications meant to convey important and
legible information.

Exceptions may be made for watermarks or
abstracted typographic design elements meant
for stylization purposes, where legibility is not
necessarily the goal. Use discretion in these cases.

CITY OF STANTON BRAND GUIDELINES 27
Color Usage
Off-Limits Color Usage
This set of color pairings have been tested for
accessibility, and fail at every type size and body
copy application.

When paired, the similarity in value causes these
colors to “vibrate,” or cause an uncomfortable
amount of color tension in both typographic
and abstracted graphic use cases. Avoid using
these color pairings in any context, and do not
ever use these colors to convey information or
communication information through type.

OUTFIT BLACK LOOKS GREAT UP HERE
Outfit Semibold makes
a great header.

Outfit Light works well for body copy. Satraeque qui corarit adhus, per hae intem atilnes ignostr opublia retorurberis publici ventes Ad culles? Ex sentiam acerficaet L. Ves cernihi ntimiusv, Catussimei senis; intiliciis perit. Nequon se nimium et? Qui tem paterdis. Opie con Itam haceporteris hos, nihiliam dii pressid efecon reniu elus bonsu ia omnimmo musquam probusci publica eticaesceps, consus si terfir us fac vignonlostout rebes et C. Satus antum Romaion suloc, Ti.

Use Outfit Regular paired with Abril Display
Italic for highlights and dynamic pull quotes.

Typography
This brand typography system uses Outfit and Abril
Display font families.

Outfit can be found here.

Abril Display can be found both here and here.

If for any reason these brand fonts are unavailable,
system font families such as Arial and Helvetica
may be used in place of Outfit, and Georgia Italic
may be used in place of Abril Display.

Brand Typography
CITY OF STANTON BRAND GUIDELINES 28
CITY OF STANTON BRAND GUIDELINES 29
The “S” Curve
This abstracted element utilizes the shape
language of the “S” from the primary logotype
for visual flair in layouts, compositions, and
illustrative work. The curving and looping lines
speak to the city’s ever-evolving nature and
evoke an organic optimism. Refer to the next
few pages for specific use cases.

Brand Visuals

CITY OF STANTON BRAND GUIDELINES
The “S” Curve:

Containing Shape
The logotype’s “S” Curve can be used as a
versatile containing shape that serves as
an organic counterpart to the rigidity of
rectangular frames. When strategically
employed, this curve can add dynamism into
compositions, and visually communicate
growth, evolution, and adaptability.

For compositions like these, try to use the actual
curved shape of the “S” from the logotype as
much as possible to maintain shape consistency.

Brand Visuals
30 CITY OF STANTON BRAND GUIDELINES
Brand Visuals
The “S” Curve:

Illustrations
In an abstract way, these illustrated lines
take inspiration from the script of the brand’s
logotype, with organic vine-like loops flowing
through the frame. This communicates how the
spirit of Stanton permeates the community, while
adding energy and movement to layouts and
photography. Using solid, bold color portrays
Stanton as a lively, active city while the looping
shape language calls back to organic plant life
that is ever growing and changing.

These illustrations can evoke the calligraphic
script of the logotype without referencing the
shapes directly. Use discretion in these cases to
ensure that the illustrations support the subject of
focus without getting too distracting or busy.
31 What are Brand Guidelines?
CITY OF STANTON BRAND GUIDELINES 32
City of Stanton Example Brand Applications

CITY OF STANTON BRAND GUIDELINES
Brand
Applications

CITY OF STANTON BRAND GUIDELINES
Example Brand Applications
Signage Concepts. For more specific wayfinding guidance, please refer to the Stanton Wayfinding Guidelines document. 33 CITY OF STANTON BRAND GUIDELINES
Example Brand Applications
Signage Concepts. For more specific wayfinding guidance, please refer to the Stanton Wayfinding Guidelines document. 34 CITY OF STANTON BRAND GUIDELINES
Example Brand Applications
Tote Bag Merchandise Concept
35 CITY OF STANTON BRAND GUIDELINES
Example Brand Applications
Coffee Mug, Uniform Jacket Concepts
36 CITY OF STANTON BRAND GUIDELINES
Example Brand Applications
T-Shirt, Pins Merchandise Concepts
37 CITY OF STANTON BRAND GUIDELINES
Example Brand Applications
Email Signature, Letterhead Concepts
38 CITY OF STANTON BRAND GUIDELINES
Example Brand Applications
Signage and Utility Truck Concepts. For more specific wayfinding guidance, please refer to the Stanton Wayfinding 39 What are Brand Guidelines?
CITY OF STANTON BRAND GUIDELINES 40
Brand Guidelines / Version 01 / July 2024
Thank you!

CITY OF STANTON BRAND GUIDELINES
Communication Guidelines / Version 01 / March 2024
Communication
Guidelines

CITY OF STANTON COMMUNICATION GUIDELINES
Attachment: B
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Messaging Overview
2 Messaging
Overview

CITY OF STANTON COMMUNICATION GUIDELINES
CITY OF STANTON COMMUNICATION GUIDELINES 3
Messaging Overview: Who / What / How
How do you communicate who you
are, what you do, and how you do it
in a way that’s clear and engaging?
CITY OF STANTON COMMUNICATION GUIDELINES 4
Messaging Overview: Who
Overcoming negative stigma - make it irrelevant by reinforcing the identity of Stanton as espoused in the brand.

This is who you are.

What kind of service or
organization are you?
CITY OF STANTON COMMUNICATION GUIDELINES 5
Messaging Overview: Who
Overcoming negative stigma - make it irrelevant by reinforcing the identity of Stanton as espoused in the brand.

This is who you are.

What kind of service or
organization are you?
A team that communicates with:
• community leaders
• business leaders
• residents
• electeds & employees
CITY OF STANTON COMMUNICATION GUIDELINES 6
Messaging Overview: Who
A team that communicates with:
• community leaders
• business leaders
• residents
• electeds & employees
That conveys:
• information
• requirements
Overcoming negative stigma - make it irrelevant by reinforcing • actions/events/opportunities the identity of Stanton as espoused in the brand.

This is who you are.

What kind of service or
organization are you?
CITY OF STANTON COMMUNICATION GUIDELINES 7
Messaging Overview: What
Reinforce the idea that city government is an
efficient, approachable, and valuable brand.

This is what you do.

This is the outcome,
this is your service.

CITY OF STANTON COMMUNICATION GUIDELINES 8
Messaging Overview: What
Reinforce the idea that city government is an
efficient, approachable, and valuable brand.

This is what you do.

This is the outcome,
this is your service. Convey:
• clear, informative content
CITY OF STANTON COMMUNICATION GUIDELINES 9
Messaging Overview: What
Reinforce the idea that city government is an
efficient, approachable, and valuable brand.

This is what you do.

This is the outcome,
this is your service. Convey:
• clear, informative content
That:
• engages
• informs
• inspires
CITY OF STANTON COMMUNICATION GUIDELINES 10
Messaging Overview: How
These are your tools,
your craft, your offering —
this is how you do it.

Clarify how things get done,
and how people can be involved.

CITY OF STANTON COMMUNICATION GUIDELINES 11
Messaging Overview: How
These are your tools,
your craft, your offering —
this is how you do it.

Key messaging:
• Use and re-enforce
key messaging
• Adopt a cohesive tone of voice
Clarify how things get done,
and how people can be involved.

CITY OF STANTON COMMUNICATION GUIDELINES 12
Messaging Overview: How
Clarify how things get done,
and how people can be involved.

These are your tools,
your craft, your offering —
this is how you do it.

Key messaging:
• Use and re-enforce
key messaging
• Adopt a cohesive tone of voice
Well branded templates that:
• have well structured hierarchy
• are visually appealing
• reinforce messaging
• are easy to use and share
CITY OF STANTON COMMUNICATION GUIDELINES 13
Messaging Overview: Messaging Goals
If we follow this plan, the city can leverage its
brand and voice to elevate its communications.

CITY OF STANTON COMMUNICATION GUIDELINES 14
Messaging Overview: Messaging Goals
If we follow this plan, the city can leverage its
brand and voice to elevate its communications.
• Connected - diversity,
community pride, convenience
• Authentic - diversity,
community, history
• Convenient - proximity,
easy, casual
• Established - rooted,
purposeful, respected
• Forward-thinking -
development, innovation
ESTABLISH OUR COMMUNITY AS:

CITY OF STANTON COMMUNICATION GUIDELINES 15
Messaging Overview: Messaging Goals
If we follow this plan, the city can leverage its
brand and voice to elevate its communications.
• Connected - diversity,
community pride, convenience
• Authentic - diversity,
community, history
• Convenient - proximity,
easy, casual
• Established - rooted,
purposeful, respected
• Forward-thinking -
development, innovation
• Rooted in community
ESTABLISH OUR COMMUNITY AS: THAT EMBODIES THE TAGLINE OF:

CITY OF STANTON COMMUNICATION GUIDELINES 16
Messaging Overview: Messaging Goals
If we follow this plan, the city can leverage its
brand and voice to elevate its communications.
• Connected - diversity,
community pride, convenience
• Authentic - diversity,
community, history
• Convenient - proximity,
easy, casual
• Established - rooted,
purposeful, respected
• Forward-thinking -
development, innovation
• Greater community engagement
• Clarity of vision
• A scalable approach to content
development and sharing
• Rooted in community
ESTABLISH OUR COMMUNITY AS: THAT EMBODIES THE TAGLINE OF: ACHIEVING:

CITY OF STANTON COMMUNICATION GUIDELINES 17
Messaging Overview: Brand Attributes
Use your messaging to emphasize your brand attributes,
bringing them to the front of your communications.

CONNECTED
Fostering a diverse
community filled with
pride, and offering up all
that is needed with a level
of ease and convenience.

CONVENIENT
Our location is one of our
best assets, the proximity
of what you want and
need makes life easy
and keeps it casual.

AUTHENTIC
True to our diverse
community we celebrate
our history, or present and
our future. We build and
maintain a strong sense of
community and belonging.

FORWARD-THINKING
The city is growing and
developing. It is a hub
for innovation and
opportunity, welcoming
ideas and entrepreneurs.

ESTABLISHED
A city with deep roots,
Stanton was built with
purpose. It is and will be
respected for what it is
and all that it has to offer.

CITY OF STANTON COMMUNICATION GUIDELINES 18
Messaging Overview: Tone of Voice
When writing and speaking for the city:

Proud
Conversational
Informative
Authentic
Forward-looking
Focused
Accessible
Playful
Brazen
Casual
Dry
Precious
Vague
Exclusive
Basic
Irreverant
VOICE IS: VOICE IS NOT:

What are Brand Guidelines?
CITY OF STANTON COMMUNICATION GUIDELINES 19
Messaging in Action
Messaging
in Action

CITY OF STANTON BRAND GUIDELINES
Let’s break it all down, put it back together again, and reach our messaging goals.

CITY OF STANTON COMMUNICATION GUIDELINES 20
Messaging in Action: Tone of Voice
Principles of good communication:

Be accurate and informative.

Be trusted, reliable, and sought-after.

Be proactive.

Be responsible.

Use the right channels and the right form for the message.

Be timely.

Infuse communication with Stanton’s
brand message and attributes.

CITY OF STANTON COMMUNICATION GUIDELINES 21
Messaging in Action: Key Questions
Questions to
answer for every
communication: WHAT IS THE

INTENT OF THE
COMMUNICATION?

WHAT DO I WANT
THEM TO DO?

WHERE WILL I

ENGAGE THEM
(CHANNELS)?

WHAT FORM WILL

COMMUNICATION
TAKE?

WHO IS/ARE

MY PRIMARY
AUDIENCES?
CITY OF STANTON COMMUNICATION GUIDELINES 22
Messaging in Action: Best Practices

TOGETHER
Using terminology that points to a
community of people. Avoid othering.

CLARITY
In what is being done, how it’s accomplished
and the roles and responsibilities involved.

INCLUSIVE
Be clear about who is supported and
the importance of inclusiveness.

REAL PEOPLE
Use imagery of people and places
that are actually in this community.

FUTURE FORWARD
A tone and voice that moves
conversation forward.

DEFINE
Don’t assume that everyone knows
the terminology. Sometimes plain/
common language is the best.

DIRECT & CONFIDENT
Be definitive, speak with conviction.

SOUNDBITES
Use messaging and visuals that are
immediate, quick and informative.

CALL-TO-ACTION
Don’t just provide information, don’t
just provide passive support, outline
measurable action whenever possible.

CONSISTENT
Both language and visuals should
be recognizable as components
within one system.

Communication best practices:

CITY OF STANTON COMMUNICATION GUIDELINES 23
Messaging in Action: Structure & Intent
Every communication has at least one intent
and may have as many as three. These include:

INFORM Share details about a specific subject. Think of this as an FYI. The goal is knowledge sharing, not necessarily encouraging a particular action or emotion.

INSTRUCT Tell an audience to do something. This may be imperative as in an emergency (seek shelter now!) or suggestive (encouraging a behavior change to achieve a larger goal).

TELL A STORY
Share engaging narratives that emphasize brand attributes or achievements of the City of Stanton. Stories are great ways to invoke specific emotions and build a sense of loyalty, connection, and belonging.

Ask yourself which of these intents is most important for your communication. It may involve a combination of them. For example, you may lead with a story that evokes a certain emotion, and then instruct a reader to act in a way that plays off or reinforces that emotion.

CITY OF STANTON COMMUNICATION GUIDELINES 24
Messaging in Action: Diverting Criticism
In the event that the city must respond to, address,
or counter criticism, it is important that you:

IDENTIFY

AGREEMENTS
It is important to identify points of agreement, whenever possible. This can diffuse a tense situation and allow for a dialog on points of disagreement.

CLARIFY Request clarification, or further expansion. This indicates and desire to understand the issue at hand and validate the concerns/criticisms prior to countering/addressing issues. `

MOVE ON
Clearly address the criticism - once. Outline the city’s response clearly and concisely, and move on. Future engagement, if necessary should direct people to the initial response and move conversation forward in the direction that the city wants to move in.

Instead of focusing on the source of any criticism, focus on the audience - who is following the conversation/criticism, why are they interested, and how do you best inform and engage with them. Focusing on the source ignores the greater opportunity.

CITY OF STANTON COMMUNICATION GUIDELINES 25
Messaging in Action: Audience Tailoring
What is Audience Tailoring?
Given the wide variety of audiences that the city communicates with, it will be necessary to adjust your messaging to reach specific audiences. Subtle changes to the tone, complexity and call to actions that are used can increase engagement. In the subsequent pages we look at the different audiences Stanton engages with, outlining ways to tailor your messages to maximize impact.

CITY OF STANTON COMMUNICATION GUIDELINES 26
Messaging in Action: Audience Tailoring

CONCISE COMPREHENSIVE

CASUAL FORMAL

APPROACHABLE AUTHOR ITAT IVE

INSTRUCTIONAL EXPLANATORY

TRENDY TIMELESS

FIXED FLUID

EXPERIENTIAL INFORMAT IVE

CONVERSAT IONAL DIRECT
0 1 2 3 4 5 6 7 8 9 10
0 1 2 3 4 5 6 7 8 9 10
0 1 2 3 4 5 6 7 8 9 10
0 1 2 3 4 5 6 7 8 9 10
0 1 2 3 4 5 6 7 8 9 10
0 1 2 3 4 5 6 7 8 9 10
0 1 2 3 4 5 6 7 8 9 10
0 1 2 3 4 5 6 7 8 9 10

BUSINESS COMMUNITY
CITY OF STANTON COMMUNICATION GUIDELINES 27
Messaging in Action: Audience Tailoring
Audiences
Residents
Community Organizations
Visitors
Neighbors
Developers
Businesses
Other Cities / Governments
Volunteers
Employees
Representatives

EXTERNAL INTERNAL
CITY OF STANTON COMMUNICATION GUIDELINES 28
Messaging in Action: Audience Tailoring
Audiences
Residents
Community Organizations
Visitors
Neighbors
Developers
Businesses
Other Cities / Governments
Volunteers
Employees
Representatives Business

EXTERNAL INTERNAL
Community
CITY OF STANTON COMMUNICATION GUIDELINES 29
Messaging in Action: Audience Tailoring
Motivations VISITORS NEIGHBORS GOVERNMENTS CITY REPRESENTATIVES Destination Pass-Through Connected Unaware Invested Affiliates Leaders Service Characteristics
Interested
Comparing
One-track
Unaware
Impressionable
Perceptive
Committed
Open
Busy/occupied
Connected
Expectant
Occupied
Self-absorbed
Motivated
Committed
Connected
Focused
Modest
Motivation
A visit exceeding
expectations
Memorability
Moving through is
easy and pleasant
Invitation to be
included
Ability to
contribute and
gain something
Something that
catches their
attention (out of
the normal)
Our connection is
valuable
They are a role
model
They are doing
something that we
need to study,
emulate, or be a
part of
This expresses my
goals and vision
This helps me
connect to others
and lead
This will make my job
easier
I feel valued as part of
the city
Motivations RESIDENTS DEVELOPERS BUSINESSES COMMUNITY ORGS Long-term New in town Community Profit Local Franchise Local Regional Characteristics
Committed
Entitled
Curious
Expectant
Eager
Accommodating
Open
Transactional
Opportunistic
Devoted Contingent
Devoted
Passionate
Contributing
Less connected
Motivation
Assurance that
change is about
progress
Their voice is
heard
There is a place for
them here
Long-term stability
and space to grow
Their investment is
viable and needed
Will it be
inexpensive and
easy to move
forward
I’m part of
community life
I’m respected as
an investor
Ease and profit
Will the business
fit into the larger
landscape
Connection to
people and place
Seen as valuable
to the community
Support to achieve its
goals
CITY OF STANTON COMMUNICATION GUIDELINES 30
Messaging in Action: Audience Tailoring
Motivations

GOVERNMENTS CITY REPRESENTATIVES
Invested Affiliates Leaders Service
Characteristics
Connected
Expectant
Occupied
Self-absorbed
Motivated
Committed
Connected
Focused
Modest
Motivation
Our connection is valuable
They are a role model
They are doing something that
we need to study, emulate, or be
a part of
This expresses my goals and
vision
This helps me connect to others
and lead
This will make my job easier
I feel valued as part of the city
What are Brand Guidelines?
CITY OF STANTON COMMUNICATION GUIDELINES 31
Messaging Pillars
Messaging
Pillars

CITY OF STANTON BRAND GUIDELINES
CITY OF STANTON COMMUNICATION GUIDELINES 32
Messaging Pillars: Messaging Approach
Our communications should be outcome-focused, leading with progress, impacts, and results. The first read should, when possible, create an emotional response. The goal is to provide context; pair information with impact, seek to both inform and inspire.

Impactful headlines and statements are supported by an expression of what actions and outcomes need to be communicated —the city’s process and holistic approach to bringing about change.

To ensure we do this, it is recommended that the city follow a communication content hierarchy based upon:

ENGAGE

ATTRACT

CONNECT
Catch their attention.

Keep their attention with high level, impactful content.

Explain how Stanton works for and with the community,
businesses and governmental partners/organizations.

Provide details. Help them understand and therefore
care more deeply.

WHAT - Communications that promote
curiosity, empathy, and dialogue
WHY - to bring about equitable change,
increase public awareness, and enhance
community wellbeing
WHERE - Across all owned, paid and
earned media. Consistently representing the
city, its programming, and topics of interest.

Let the following guide the way
you communicate with your
different audiences. It will help
you evaluate the content you
share, the photographs you
take, and the stories you tell.

MESSAGING APPROACH

CITY OF STANTON COMMUNICATION GUIDELINES
Messaging Pillars: Writing Studies
With its central location, welcoming community and neighborhood feel, Stanton is the definition of close-knit. Stanton has a small town vibe but the ease of a big city.

With retail, shopping, and dining Stanton offers a close-knit community with a wide variety of amenities for young and old. In Stanton, what you need is never far away.

Stanton is known as a supportive, happy and relaxed community with a wide variety of city-led activities, resources and public parks. Stanton is all about enjoying the simple things in a community where you feel right at home.

SHORT FORMS
A forward-thinking city full of surprises, Stanton is a place people are proud to call home. With a rich history of perseverance and diversity, Stanton is welcoming to newcomers, new ideas, and new opportunities. With its small-town feel and well loved community parks and programs, residents and businesses have the su pport and resources they need to thrive.

ESSENTIAL - What the city is doing/providing is
essential to the community and its well-being
SATISFIED - Residents and visitors should feel that they got what they need/want with ease
CHARMED - Provide an element of the unexpected and
intriguing to add a bit of charm
RESPECTED - The city’s respect for its residents,
businesses and visitors should be clearly communicated
BELONGING - The city should always present as
inclusive and equitable to all community members
VALUED - The city values the thoughts, opinions and
contributions of its community.

CONFIDENT - The city is confident in its approach and
ability to provide for its community.

When writing for the city, use the AP Style,
and strive to elicit the following emotions:

ABOUT STANTON IN 80 WORDS OR LESS
Messaging Pillars
Topics by Audience MOTIVATIONS/CONCERNS IMPRESSIONS/FEELINGS KEY MESSAGES

HOMELESS
Residents
- invested in community's success
- recognizing an issue they are incapable of addressing themselves
- feel Stanton’s reputation is at risk
-committed to bring about change/held accountable
- be informed about efforts under way
- to feel heard and listened to
- respect and advocate for our work
- the City is providing insight into the issues and obstacles, and will work with us to craft solutions/programming
- the issue is a priority for the city
- the City is open to new ways to address issues
- Stanton cares.
- We understand the impact of homelessness
is felt by all in our community.
- All opinions and concerns matter when tackling
an issue as complex as homelessness
- In order to thrive, we must find ways to address
Businesses challenges and leverage our strengths.
- acknowledgement of the issue
- action orriented communications
- looking for new ways to tackle the issue
- committed to bringing about change
HUMAN

TRAFFICKING
Residents
- validating an out of date reputation of the City
- can’t reach potential until issue is addressed
- seen as a fixable problem that isn’t a priority
- progress is being made
- this is a difficult problem to solve
- things are getting better
- This is a coordinated effort with law enforcement, and victim advocates to bring about an end to the sex trade in our city. - Our approach centers respect, understanding and services Businesses
- not on my block
- left dealing with it without city’s support
- indicative of a larger problem
- progress is being made
- this is a difficult problem to solve
- things are getting better
- the city is a partner in addressing the issue and the impact it is having on my business
- The city is part of a larger effort to eradicate illegal human trafficking. This means looking at the issue from every angle and exploring all the options.
- A coordinated effort is needed. There is no simple fix. - Fighting the root causes to a visible problem takes time, money and a committment to doing what is right.

DIVERSITY
Residents - important to retain our diversity
- gentrification - the city values its diverse population - the city supports all its residents and gives voice to them - despite the change we are seeing, Stanton will remain a diverse city
- Neighborhoods are always changing and demographics
continually evolve.
-Instead of fighting change, fight for equitable change. - Diversity benefits every individual and every aspect of of our community.

Community
Organizations
- recongition for important role
- representation, a voice
GROWTH
Residents
- don’t want to be priced out of the city
- don’t want the city to change too much
- excited to see positive development, more amenities
- the city is executing on a plan
- growth is good, bringing new opportunities and local jobs - the city is monitoring growth, increased costs of living, etc - We are committed to giving residents the chance to have a voice in the future of Stanton.
- Our growth is planned and designed for the people of our community.

Businesses
- eager to see more opportunities
- want more street/foot traffic
- careful growth, don’t price us out
- be informed about our work
- get involved (learn more, donate, be an advocate)
- Our city can capitalize on opportunity to bring about strategic growth that benefits all.
- Our plan promotes equal, fair and integrated growth.

Messaging Pillars
THEME: ATTRACT ENGAGE CONNECT

HOMELESSNESS
- Here to Help
- Safe and Stable Housing For All
- Housing Justice for Stanton
- A Community That Cares
- Our community thrives when everyone has good, safe housing options.
- We are focusing on our shared values - and our desire to be a strong, healthy community
- We value the perspectives and lived experiences of others - Housing justice is about building the future our community deserves
- We need to work together to define and defend the programs that will move all of our community forward.
- The move towards justice and equity starts at home. Housing options designed to provide a decent place for our community members to come home to strengthens our neighborhoods and fights the trend of displacement.
- We value curiosity, empathy, and dialogue on this matter. We need civil engagement in order to create an environment where meaningful change can occur.
-We want to hear the concerns and questions, and maintain an environment where all feel welcomed to engaged in the solutions.

This is how we move beyond the concerns and on to the meaningful change .

HUMAN

TRAFFICKING
- Judgement-free support and solutions
- Seeking Constructive Change
- Change through Empathy
- Tackling a solvable problem
- Stanton is commited to understanding and addressing the challenging life circumstances that fuel the sex trade industry. - We must collaborate to advocate, empower and enforce change for those that see no other options than prostitution
- Taking an empowerment approach - engaging with respect, understanding and dignity
- Poverty, homelessness, lack of job skills, substance above, and mental health issues are complex issues that need coordinated solutions and services to bring safety to our streets. -Prostitution is a symptom of social issues, address the issues to solve the problem.

DIVERSITY
- A source of strength within our community
- We value each other
- Heightening awareness and bridging differences
- Our diversity guides us
- Nurturing a strong sense of connection
- celebrating a community where people from diverse backgrounds and experiences live, work, play and create together
- The Stanton community is as broad as it is deep. We value each other, our pasts, our presents and our shared futures.
- Stanton stands with its community. We see and celebrate diversity, and work to provide a welcoming community to all.
- Exploring cultural differences, celebrating our unique and shared truths brings communities together.
- Stanton sees diversity and inclusion as the acknowledgement, sensitivity to, and celebration of people of different races, ethnicities, social and economic statuses, national origins, sexual orientation, gender identity and physical abilities.
- We ask that you listen to experiences that differ from your own; Enable greater understanding, even in the midst of profound disagreement; Promote nuanced thinking; Make informed decisions; and together we can define a vision for an equitable and inclusive community.

GROWTH
- Open for Business
- Responsible Growth, Unlimited Prosperity
- Achieving Smart Growth
- YOUR needs are OUR focus
- Stanton needs economic growth for our residents. Growth brings jobs and enhances quality of life. Smart growth is finding the best way to do that sustainably.
- Staton is committed and passionate about about where we want to take our city.
- Our city is dynamic, a constant work in progress. As our community changes, so must our services We know there is always room for improvement, and we are constantly seeking out ideas and opportunities that will make what we have even better.
- We see our business community as our client, and we are here to make our clients successful in all that they do.

What are Brand Guidelines?
CITY OF STANTON COMMUNICATION GUIDELINES 36
Plan of Accomplishment
Plan of
Accomplishment

CITY OF STANTON BRAND GUIDELINES
CITY OF STANTON COMMUNICATION GUIDELINES 37
Plan of Accomplishment: Phase 1 / Year 1
With a new brand and messaging system approved and ready to go, the communications team can focus on roll-out strategy, early brand adoption and the start of brand awareness.

From there the team can look at codifying best practices and educating staff, volunteers and partners in the tools and guidelines for communicating with the city’s different audiences. ▢ Updating Website
▢ All staff meeting on new brand &
communications plan
▢ Template resources roll-out
▢ Updating forms, reports and frequently
used documents with new brand
▢ Talking points for use by team members
and programs - understanding and
presenting your services and offerings and
the impacts they have on the community
▢ Create branded swag for staff, partners, etc.
▢ Create a plan for signage and wayfinding.

Outline costs and put together
proposal for review and approval
▢ Create/update approach to
newsletters, blogs, other informal
modes of communication to align
with communication plan.

SHORT-TERM MEDIUM-TERM LONG-TERM
What are Brand Guidelines?
CITY OF STANTON COMMUNICATION GUIDELINES 38
Communication Guidelines / Version 01 / March 2024
Thank you!

CITY OF STANTON COMMUNICATION GUIDELINES
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 1 Wayfinding Guidelines / Version 01 / July 2024

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES Wayfinding
Guidelines
Attachment: C
Click here to return to the agenda.

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 2 Wayfinding Goals

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES Wayfinding
Goals
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 3 Wayfinding Goals
Good wayfinding
achieves several goals.

Make it easier for
someone to understand
where they are and how
to get somewhere.

Improve or enhance
the usage of an area.

Reinforce the
identity of a place.

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 3 C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 4 Wayfinding Goals
Good wayfinding can change
how someone thinks and feels.

WHAT I THINK WHAT I FEEL
I know where I am.

I know that I am here (Stanton) as opposed to there
(eg. Cyprus, Garden Grove, Anaheim, etc.)
I know where to go.

I know what exists (what is there).

I feel grounded.

I know what here is all about
(Brand Attributes)
I feel guided.

I feel informed.

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 5 Signage Types
Signage Types

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 6 Gateway &
Welcome Signs
These mark the entry to the city. These signs have minimal information and work as a symbolic marker of a boundary.

Signage Types
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 7 Signage Types
Directional Signs:

Street Signs
Directional signs guide which way to go to arrive at a destination. These include both median and standard street signs, which can be pole-mounted or mounted above an intersection.

Directional Signs:

Directional Pointers
These may list several landmarks or areas of interest
and show the proper direction of travel to reach the area.

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 8 Signage Types
Informational Signs
Provide details about location (such as a map with “you are here” marked) or points of interest (such as an interpretive sign).

Identifying Signs
Designate landmarks, services, gathering spaces, etc.

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 9 Best Practices
Best Practices

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 10 Wayfinding Goals
Signage needs to be read quickly.

The type of user and the speed of travel
all affect the best design for signage.

Here are some key design concepts to consider.

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 10 C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 11 Best Practices
Simplicity
Maintain legibility and brand cohesion. Since
signage needs to be identified and read quickly,
keep the design elements simple and clean is a
priority. At the same time, we want the encounter
with the sign to reinforce the larger City of
Stanton brand. Finding a balance between
simplicity and brand identification is a primary
goal for good signage design.

Materiality
When choosing materials for signage, consider:

What exists that may be repurposed
What will hold up for a long period of time
What works with the brand
What’s easy to install
What’s easy to maintain
Contrast & Color
When creating signage, consider how far
away someone will be when they need to, first,
recognize there is wayfinding they should consult,
and second begin to read the sign to comprehend
what it says before they either pass the sign or
need to make a decision based on the information
they read on the sign:
500 feet away - letters no less than 12” tall
100 feet away - letters 3” tall may be legible,
but 10” tall letters are ideal
50 feet away - ideal to have letters 6” tall
Also consider light sources and the direction
of the sign when placing it. If the sign is facing
east, it may be difficult to read in the afternoon
when westward sun shines in the same direction
someone needs to look in order to read the sign.

Use approved color combos for legibility and ADA
accessibility (see Brand Guidelines pages 23-27).

Size
Maintain legibility and proper scale for the location
and the type of user. Consider who may need to
read the sign and how fast they are traveling:

Vehicles - consider placement that accounts for
distance and speed
Cyclists - consider placement that doesn’t require
the cyclist to move position or swerve from the path
Pedestrians - consider placement within eye level
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 12 Best Practices
Signage
Inventory
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 12 C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 13 Best Practices
Gateway

EXISTING

PROPOSED
Directional
Informational
Identifying
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 14

SIGNAGE DESIGNS
Gateway &
Welcome Signs
Newly constructed design and subtrate
Signage Inventory
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 15

SIGNAGE DESIGNS
Street Signs
Median Street Signs
Signage Inventory
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 16 Signage Inventory

SIGNAGE DESIGNS
Street Signs
Pole-Mounted Street Signs
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 17 Signage Inventory

SIGNAGE DESIGNS
Street Signs
Intersection street signs
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 18

SIGNAGE DESIGNS
Directional Pointers
Intersection street signs
Signage Inventory
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 19

SIGNAGE DESIGNS
Directional Pointers
Intersection street signs
Signage Inventory
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 20

SIGNAGE DESIGNS
Identifying Signs
Intersection street signs
Signage Inventory
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 21

SIGNAGE DESIGNS
Identifying Signs
Intersection street signs
Signage Inventory
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 22

SIGNAGE DESIGNS
Monumental Signs
Intersection street signs
Signage Inventory
C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES 23 Wayfinding Guidelines / Version 01 / July 2024

C I TY O F STAN TO N WAYF I N D I N G G U I D E L I N ES Thank you!
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 24, 2024
SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTION IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND

THEFT REDUCTION ACT
REPORT IN BRIEF:

The City Council will consider adoption of a resolution in support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, as prepared by the League of California Cities.

RECOMMENDED ACTIONS:

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION
ACT”.

BACKGROUND:

The City is a member of the League of California Cities, also known as Cal Cities. In July, the Cal Cities Board of Directors voted to support Proposition 36, The Homelessness, Drug Addiction, and Theft Reduction Act. In their press release, Cal Cities stated that the district attorney-sponsored ballot measure would create a deterrent for repeat retail theft offenders and redirect some towards treatment rather than incarceration. One of Cal Cities’ top advocacy priorities this year is to advance solutions that help reduce crime and provide more support to people struggling with substance abuse while avoiding a return to the days of mass incarceration. To this end, Cal Cities is requesting member cities formally adopt the attached resolution in support of Proposition 36.

Item: 12A
Click here to return to the agenda.
2 FISCAL IMPACT:

There are no fiscal impacts associated with the recommended actions.

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).

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

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

PUBLIC NOTIFICATION:

Through the regular agenda process.

Prepared by: Patricia A. Vazquez, City Clerk
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Proposed Resolution No. 2024-33
B. Proposition 36: Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute. Legislative Analyst’s Office. September 10, 2024.

C. Retail Theft Package and Proposition 36 Comparison Chart. League of California Cities.

RESOLUTION NO. 2024-33

Page 1 of 3 ends

RESOLUTION NO. 2024-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, SUPPORTING PROPOSITION 36, THE HOMELESSNESS, DRUG

ADDICTION, AND THEFT REDUCTION ACT
WHEREAS, while Proposition 47 achieved notable success in making California’s criminal justice system more equitable, Proposition 47 has also led to unintended consequences over the past decade; and
WHEREAS, Proposition 47 has contributed to increases in repeat and often organized retail theft, the shuttering of local businesses, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, these unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Proposition 47; and WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Proposition 47 that, with the recently adopted legislative Retail Theft Package, provide more tools to increase safety in our communities; and
WHEREAS, spikes in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, as well as strained social services, are creating challenges beyond the capacity of local governments; and
WHEREAS, cities are partnering with the state to advance solutions that help reduce crime and provide more support to residents struggling with substance abuse, while avoiding a return to the days of mass incarceration; and WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows critical behavioral health services, drug treatment, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
Attachment: A
Click here to return to the agenda.

RESOLUTION NO. 2024-33

Page 2 of 3 ends

WHEREAS, it is time for meaningful and tailored reforms to our justice system to ensure the safety of our communities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: The City Council finds that this project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where 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. The City Clerk shall be the custodian of record for the documentation supporting this action.

SECTION 2: The Council formally expresses support for Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.

SECTION 3: The City Clerk shall certify as to the adoption of this Resolution.

ADOPTED, SIGNED AND APPROVED this 24th day of September, 2024.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
RESOLUTION NO. 2024-33

Page 3 of 3 ends

ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-33 has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the Stanton City Council, held on September 24, 2024, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK
Senate Committee on Public Safety
Hon. Aisha Wahab, Chair
Assembly Committee on Public Safety
Hon. Kevin McCarty, Chair
PRESENTED TO:

LEGISLATIVE ANALYST’S OFFICE
Proposition 36: Allows Felony Charges
and Increases Sentences for Certain Drug
and Theft Crimes. Initiative Statute.

SEPTEMBER 10, 2024
Attachment: B
Click here to return to the agenda.

LEGISLATIVE ANALYST’S OFFICE 1
LAO Role in the Initiative Process
Fiscal Analysis Prior to Signature Collection
State law requires our office to work with the Department of Finance to prepare a joint impartial fiscal analysis of each initiative before it can be circulated for signatures. State law requires that this analysis provide an estimate of the measure’s fiscal impact on the state and local governments.
A summary of the estimated fiscal impact is included on petitions that are circulated for signatures.

Analyses for Qualified Measures
State law requires our office to provide impartial analyses of all statewide ballot propositions for the statewide voter information guide. This analysis includes a description of the proposition and its fiscal effects.

LEGISLATIVE ANALYST’S OFFICE 2
Background
Punishment Depends on Seriousness of Crime and Criminal History
Punishment for Felonies. People can be sentenced to county jail or state prison for felonies, depending on the crime and their criminal history. In some cases, people can be supervised in the community by a county probation officer instead of serving some or all of their sentence in jail or prison. This is called county community supervision. The length of a sentence mostly depends on the crime.

Sentences can also be lengthened due to details of the crime. Punishment for Misdemeanors. People can be sentenced to county jail, county community supervision, and/or a fine for misdemeanors.

Sentences can be up to one year in jail.

Proposition 47 Reduced Punishments for Some Theft and Drug Crimes
In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors. For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors.

LEGISLATIVE ANALYST’S OFFICE 3
Proposal
Increases Punishment for Some Theft and Drug Crimes
Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor.

Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47.
Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
Requires Some Felonies Be Served in Prison. For example, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold.

Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.

Creates New Court Process for Some Drug Possession Crimes Allows people who possess illegal drugs to be charged with a “treatment-mandated felony” instead of a misdemeanor if they (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison.
This change undoes some of the punishment reductions in Proposition 47.

LEGISLATIVE ANALYST’S OFFICE 4
(Continued)
Requires Warning of Possible Murder Charges for Selling or Providing Drugs
Requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone.

This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies.

Proposal
LEGISLATIVE ANALYST’S OFFICE 5
Fiscal Effects
Increases State Criminal Justice Costs
Increase in State Prison Population. It would require some people who now serve their sentences at the county level to serve them in state prison. Also, it lengthens some prison sentences. In total, the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.)
Increase in State Court Workload. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would increase court workload. Total Increase in State Criminal Justice Cost. In total, Proposition 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually.

Increases Local Criminal Justice Costs
Net Increase in County Jail and Community Supervision Population. In some ways, Proposition 36 would reduce the jail and community supervision population. This is because some people would go to state prison instead of the county level. In other ways, it would increase this population. This is because some people would spend more time in county jail or on community supervision. Overall, Proposition 36 likely would increase the county population. This increase could be around a few thousand people. (There are about 250,000 people at the county level now.)
Increase in Local Court-Related Workload. It would also increase workload for local prosecutors and public defenders. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would create workload for some county agencies (such as probation or behavioral health departments). Total Increase in Local Criminal Justice Cost. In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions of dollars annually.

LEGISLATIVE ANALYST’S OFFICE 6
(Continued)
Reduces Amount State Must Spend on Certain Services
Proposition 47 Savings Must Be Spent on Certain Services.

Proposition 47 created a process in which the estimated state savings from its punishment reductions must be spent on mental health and drug treatment, school truancy and dropout prevention, and victim services. These estimated savings totaled $95 million last year.
Reduction in Savings Would Reduce Required Spending. By undoing parts of Proposition 47, Proposition 36 reduces the state savings from Proposition 47. This would reduce the amount the state must spend on mental health and drug treatment, school truancy and dropout prevention, and victim services. This reduction likely would be in the low tens of millions of dollars annually.

Fiscal Effects
Retail Theft Package
and Proposition 36
Recently, Gov. Gavin Newsom signed a 10-bill package addressing retail theft. The table below compares Proposition 36 — the ballot initiative sponsored by the District Attorneys that would make changes to Proposition 47 — with the retail theft package signed by the Governor.

PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)

RELEVANT BILL

NUMBERS
Fentanyl
Fentanyl
possession with
firearm
Adds to list of
crimes with
penalties of 2, 3, or
4 years in prison.

Not in package.

Fentanyl
increasing
penalties
Increases penalties
from 2 to 20 years
depending on the
amount.

Not in package.

Treatment
mandated
felony
Creates a new
crime for hard drug
possession with
tiered penalties up
to 25 years.

Not in package.

Retail Theft
Aggregation Provides that any
case involving one
or more acts of
theft or shoplifting
may be
aggregated into a
single count or
charge.

Not in package.

Auto theft Does not address
this issue.

Closes the loophole
under existing law
regarding locked cars.

SB 905 (Wiener)
Cargo theft Does not address
this issue.

Adds cargo theft to the
Regional Property Crime
Task Force operated by
the CHP.

AB 1972 (Alanis)
Fencing Does not address
this issue.

Expands existing law for
online marketplaces to
report high-volume sellers
to law enforcement.

SB 1144 (Skinner)
Fires Does not address
this issue.

Makes it a factor in
aggravation if an offense
SB 1242 (Min)
Attachment: C
Click here to return to the agenda.

PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)

RELEVANT BILL

NUMBERS
was carried out in a
merchant’s premises to
commit retail theft.

Increased
penalties
Increases penalty
enhancements for
property crimes for
up to 4 years and
allows the court to
impose
enhancements
with another single
count.

Increases penalty
enhancements for resale
of property or stolen
property in the
commission of a felony for
up to 4 years and allows
the court to impose
enhancements with
another single count. No
changes to Proposition

47. AB 1960 (Rivas)*;
SB 1416
(Newman)
Multijurisdictional
offenses
Does not address
this issue.

Allows local jurisdictions to
file charges that deal with
offenses across county
lines.

AB 1779 (Irwin)
Organized retail
theft
Several provisions
related to acting in
concert and
increasing
penalties for
organized retail
theft. However, it
does not address
the sunset date of
the statute. (Does
not amend the
same code section
as the legislative
bills).

Removes the sunset
clause on the organized
retail theft statute.

AB 1802 (JonesSawyer);
SB 982 (Wahab)
Police ability to
arrest
Does not address
this issue.

Provides that under
certain circumstances
police can arrest without
a warrant.

AB 2943 (Zbur)
Probation Does not address
this issue.

Provides that the term of
probation for shoplifting
or petty theft would be
two years.

AB 2943 (Zbur)
Repeat
offenders
An offender with
two prior
convictions of
petty theft or
shoplifting can be
Creates a new crime for
shoplifting which can be
charged as a felony but
does not change the
threshold amount of $950.

AB 2943 (Zbur)
PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)

RELEVANT BILL

NUMBERS
charged with a
felony regardless of
value. Amends
Proposition 47.

Restraining
orders
Does not address
this issue.

Creates the Retail Theft
Restraining Order for
repeated attempts of
shoplifting which can be
requested by city
attorneys, retailers, or
district attorneys.

AB 3209
(Berman)
Retailers –
nuisance
action
Does not address
this issue.

Prohibits local
government and law
enforcement from
threatening or filing
nuisance complaints
against retailers for
reporting crime.

AB 2943 (Zbur)
*AB 1960 (Rivas) is currently pending on the Governor’s desk. 1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 24, 2024
SUBJECT: APPROPRIATION FOR REPAIR OF WESTERLY END STANTON PARK

PEDESTRIAN BRIDGE
REPORT IN BRIEF:

The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. Council will consider approving an appropriation of $250,000 from the Fiscal Year 2024-25 General Fund Special Projects for its repair.

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 or governments that will not result in direct or indirect physical changes in the environment); and

4. Direct staff to include any future City bridges on the City’s facilities insurance.

BACKGROUND:

In late June 2023, a vehicle collided with the westerly end pedestrian bridge at Stanton Park, causing significant damage to the bridge. Due to immediate safety concerns, the bridge was promptly closed and secured.

Item: 12B
Click here to return to the agenda.
2 Initially, staff believed the bridge was owned and maintained by the Orange County Flood Control District (OCFCD). Staff notified OCFCD about the incident and requested that the bridge be repaired. During these discussions and after review of historical documents, it was confirmed the City is the owner of the bridge.

The City’s pedestrian bridges have not historically been included in the City’s facilities insurance program through the CJPIA. As such, staff began collecting information to determine the costs associated with repair and reconstruction.

In August 2023, the City engaged a structural engineering firm to assess the damage and evaluate the bridge's structural integrity. The firm was tasked with providing repair options and a preliminary cost estimate. The assessment concluded that the bridge could not be restored without a complete replacement, including the existing foundations. The estimated cost for replacing the bridge, including design, construction, and contingency, is $432,000.

The City did pursue subrogation to recover repair costs. Unfortunately, the responsible party was uninsured and lacked substantial assets. While the next step would have been to file a lawsuit, CJPIA advised against it due to the litigation costs outweighing the potential recovery amount.

At the May 14, 2024, City Council budget workshop for Fiscal Year 2024-25, while discussing how to fund the bridge repair, the Mayor requested staff reach out to CJPIA to ensure all avenues for funding support had been exhausted.

ANALYSIS/JUSTIFICATION:

After further discussions with CJPIA, the City filed a claim despite the bridge’s unscheduled status. In response, CJPIA informed the City that, due to the bridge being unscheduled, the applicable deductible for its repair would be $250,000. Staff is recommending the allocation of this deductible to proceed with the bridge repair.

Moving forward, staff recommends the City Council authorize the inclusion of all current and future pedestrian bridges in the City’s facilities insurance program. For the three existing bridges, the annual premium for Fiscal Year 2024-25 is $3,017. A future claim for repair and/or reconstruction would result in a deductible of $10,000.

FISCAL IMPACT:

Staff is requesting an appropriation of $250,000 from the General Fund Special Projects Assigned Fund Balance. The projects funded by the General Fund Special Projects Assigned Fund Balance in Fiscal Year 2023-24 realized $555,400 in budget savings from unfilled or underfilled limited term staff positions and completed projects. 3 ENVIRONMENTAL IMPACT:

This project is categorically exempt under the California Environmental Quality Act Section 15061(b)(3), 15273.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a quality infrastructure.

Stanton City CouncilSeptember 24, 2024

Stanton City Council
September 24, 2024