Stanton City Council
December 10, 2024

REQUEST FOR PROPOSALS (RFP)

FOR

DESIGN OF THE CENTRAL PARK TENNIS COURTS RENOVATION PROJECT City of Stanton
Public Works & Engineering Department
7800 Katella Avenue
Stanton, CA 90680
(714) 379-9222 | StantonCA.gov
Approved for Advertising:
______________________
Cesar Rangel, P.E.

Public Works Director/City Engineer
[email protected]
(714) 890-4203
KEY RFP DATES (Subject to Change):

Issue Date: Thursday, September 5, 2024
Deadline for Questions: Thursday, September 26, 2024
Proposal Due Date: Thursday, October 3, 2024, at 4:00 p.m.

Presentation/Interviews: TBD (as necessary)

TABLE OF CONTENTS
SECTION I. GENERAL DESCRIPTION AND INTRODUCTION……………………………………………… 3 SECTION II. PROJECT BACKGROUND………………………………………………………………………………………. 3 SECTION III. SCOPE OF SERVICES……………………………………………………………………………………………….. 4 SECTION IV. SUBMISSION REQUIREMENTS……………………………………………………………………………. 6 SECTION V. SELECTION CRITERIA……………………………………………………………………………………………….. 9 SECTION VI. SELECTION PROCESS……………………………………………………………………………………………… 9 SECTION VII. SUBMISSION DEADLINE………………………………………………………………………………………. 10 SECTION VIII. REQUESTS FOR ADDITIONAL INFORMATION…………………………………………… 11 SECTION IX. TAXES AND LICENSES……………………………………………………………………………………………...11 SECTION X. PAYMENT TO CONSULTANT………………………………………………………………………………….. 12 SECTION XI. INSURANCE…………………………………………………………………………………………………………………. 13 SECTION XII. TERMINATION FOR CONVENIENCE OF THE CITY……………………………………… 14 SECTION XIII. INDEPENDENT CONTRACTOR…………………………………………………………………………. 14 SECTION XIV. CONTRACT………………………………………………………………………………………………………………… 14 SECTION XV. GENERAL CONDITIONS………………………………………………………………………………………… 15 SECTION XVI. PREVAILING WAGE………………………………………………………………………………………………… 15 EXHIBIT A: VICINITY MAP
EXHIBIT B: PROPOSAL ACKNOWLEDGEMENT FORM
EXHIBIT C: SAMPLE PROFESSIONAL SERVICES AGREEMENT

I. GENERAL DESCRIPTION AND INTRODUCTION
The City of Stanton (“City”) is requesting proposals from qualified consultants to provide professional design services for the Central Park Tennis Courts Renovation Project.

Proposals must conform to the requirements of this Request for Proposal (RFP) and proposals must be submitted in a sealed envelope to the Department of Public Works and Engineering no later than 4:00 p.m. on Thursday, October 3, 2024. The consultant contract is anticipated to be awarded at a November City Council meeting. The City reserves the right to waive any irregularity in any proposal, or to reject any proposal that does not comply with this RFP. The city alone, using the criteria determined by the city, will select the qualified candidate.

The successful Consultant will be required to enter into an agreement with the city, which will include the requirements of this RFP, as well as other requirements to be specified at a later date. By submitting a proposal, the Consultant agrees to all of the terms of this RFP.

Please direct any questions by the deadline for questions listed on the cover page of this RFP to Cesar Rangel, Director of Public Works/City Engineer via email at [email protected].

II. PROJECT BACKGROUND
The City of Stanton is currently undertaking design efforts to revamp the tennis courts and add lighting around the playground within Central Park. The Central Park Tennis Courts Renovation project proposes renovating the existing four (4) tennis courts, transforming one (1) tennis court into a pickleball court, and adding lighting around the existing playground. The City is expecting final plans and specifications to be completed within six (6) months of the contract award.

The City is interested in renovating the tennis courts to include new perimeter fencing, partition fencing, increase lighting, transform one (1) existing tennis court into a new pickleball court with removable netting, crack sealing courts, resurfacing, striping, signage, adding lighting to the existing playground area and additional improvements determined after site evaluation.

III. SCOPE OF SERVICES
The City desires to have Plans, Specifications, and Estimate (“PS&E”), a complete bid package, public meetings, and procurement of necessary permits for the project. The City will furnish the boiler plate specifications. Plans shall include but not limited to, plan and profile views, plans for structural, landscaping, lighting (existing tennis courts and playground area), irrigation, and civil improvements. Final plans shall be scaled and in reproducible sheets.

The selected consultant shall conduct all engineering, architectural, structural, landscape architectural and administrative tasks necessary to complete the project.

Project tasks shall include, but are not necessarily limited to, those items noted below. If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal.

The development of the Design of the Central Park Tennis Courts Renovation requires, at minimum, the following objectives:

Task 1: Information Gathering and Conceptual Phase
This task will require a field survey to attain measurements for the horizontal locations of existing infrastructure for the purposes of conforming with setback distances for the placement of new amenities. Gather public feedback by preparing a survey or scheduling public meetings. The conceptual plans shall include the following:
 Public feedback
 Outline project site
 Distances and dimensions to vertical elements
 Existing structures
 Proposed improvements and upgrades (tennis courts, pickleball court, lighting, perimeter fencing, partition fencing and playground lighting etc.)
All cut sheets for the proposed equipment shall be submitted to the City for preliminary review. An engineer’s cost estimate for construction shall be provided to the City for preliminary review. Consultant shall prepare and submit at minimum two (2) alternatives site plans.

Task 2: Regulatory Permitting
The Plans shall be subject to review and approval by the City’s Building Division and Planning Division. The Final Plans shall be in compliance with the City’s Planning & Building Division’s permitting requirements for design and construction. This task includes responding to comments by the City’s Planning & Building Division to obtain final approval. Consultant shall design the project to meet ADA compliance and adhere to latest Standard Plans for Public Works Construction and latest California Building Code. Assume three (3) rounds of City review and comments.

Task 3: Town Hall Meetings
The City anticipates multiple Town Hall meetings to present the conceptual plans and project information to the public, commissions, and City Council.

The Consultant will be expected to assist the City in preparing topics for discussion, the presentation, and responding to technical questions. Assume three (3) meetings total, 2 hours each not including travel time.

Task 4: Survey
The Consultant shall perform the required surveying scope for this project and include all underground utilities.

Task 5: Geotechnical, Electrical and Structural
The Consultant shall provide geotechnical, electrical and structural services to provide a design for structural footings and electrical improvements.

Task 6: Final PS&E
Using the City approved Conceptual Plan (Task 1), the Final Plans, Specifications, and Cost Estimates shall be developed to bid the project for construction. Development of the design plans shall include all engineering design plans, details, and pertinent information. A complete engineering plan set shall be submitted at 60%, 90%, and 100%. The 60% submittal shall be understandable and thoroughly developed. Although the design is not complete at this stage of development, most technical content should be provided. The 90% submittal shall include the consultant complete, QAchecked, and final-quality documents. The 100% submittal is the 90% submittal documents with all compliance comments resolved, all others

dispositioned as necessary, and documents approved and issued for acceptance by the City.

Specifications shall be submitted at 30%, 60%, and 90% maturity for City review. The specifications shall include all pertinent information for materials and instructions necessary for the project, understandable and thoroughly developed. The project plans and specifications shall comply with standard specifications and plans for public works construction (GreenBook; latest edition) 60% specifications submittal shall include a list of intended specification sections (numbers and titles) and as a minimum, numbers and titles for additional sections to be written. 60% specifications submittal shall portray complete scope of work, have non-applicable sections removed.

QA/QC shall be performed for each deliverable. The consultant shall refrain from submitting incomplete work and from submitting irrelevant information on the plans, specifications, and cost estimates. Submittals are deemed complete only after review and acceptance is provided by the City.

The 100% PS&E submittal is the 90% submittal documents with all compliance comments resolved, all others dispositioned as necessary, and documents approved and issued for acceptance by the City.

Task 7: Response to Requests for Information (RFI’s)
Consultant shall respond to bid phase Requests for Information (RFI’s) while the bid set is out to bid and provide supporting documentation for an addenda. City shall provide Consultant an RFI log with all Contractor questions pertaining to the design and construction of the bid documents.

Consultant to provide responses to RFI’s within three (3) working days of receiving City provided RFI log. Consultant support with the evaluation of submitted bids may also be requested by City.

Design is expected to be completed in a timely manner. The City is expecting final plans and specifications to be completed within six (6) months of the contract award.

IV. SUBMISSION REQUIREMENTS
Proposals and all other information and documents submitted in response to this RFP are subject to the California Public Records Act, which generally mandates the disclosure of documents in the possession of the City upon the

request of any person, unless the content of the document falls within a specific exemption category.

Three (3) copies of the Proposal and one (1) copy of the Fee Proposal must be submitted containing the following elements:
 Proposers must submit three (3) bound copies of their proposal to the City for review.
 8‐1/2" x 11" sheet sizes should be used for the text, with 11" x 17" sheet sizes for any fold‐out drawings.
 The proposal shall be limited to thirty-five (35) pages, double-sided.

Resumes for proposed personnel will not be counted towards the page limit. Otherwise all other sheets apply.
 Proposals should be as concise as possible and specific to this project.

LETTER OF TRANSMITTAL
A Letter of Transmittal shall be addressed to Cesar Rangel, Director of Public Works/City Engineer, and, at a minimum, must contain the following information:
 Identification of the proposing Consultant who will have contractual responsibility with the City. Identification shall include the legal name of the company, corporate address, telephone number, and email address of the contact person identified during the period of proposal evaluation.  A statement representing that the Consultant has thoroughly examined and become familiar with the work required in this RFP and is capable of performing quality work to achieve the objectives of the City.  Acknowledgement of receipt of all addenda, if any.
 A statement to the effect that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal.  Signature of the official authorized to bind Consultant to the terms of the proposal.
 Signed statement attesting that all information submitted with the proposal is true and correct.

WRITTEN PROPOSAL
The Proposal shall consist of the following sections:

1. Letter of Transmittal. Contents of the Letter of Transmittal listed above.

2. Firm Structure and History. Including the firm’s experience managing projects similar in magnitude and scope, structure (organization chart), credentials, background, and ownership of the firm.

3. Key personnel. List qualifications of personnel with resumes and a breakdown of responsibilities. The Firm’s project manager, who will be responsible for planning, coordinating, and conducting the majority of the work, must be identified and committed to the project. The City must approve changes to key personnel committed to work on the project subsequent to award of contract. Resumes must be submitted for key personnel who will be assigned to this project.

4. A narrative briefly describing the proposed approach using general descriptions for the activities.

5. A list of proposed sub-consultants, sub-contractors, suppliers, and manufacturers, including their qualifications pertinent to this project.

6. A client reference list from previous City / Government Agency projects of similar scope and magnitude. List should include key personnel-contacts and their position with the agency.

7. A schedule indicating proposed time and duration for completion of project.

8. Evidence of compliance with City insurance requirements.

9. Exceptions and Deviations. Contractor shall state any exceptions or deviations from the requirements of this RFP, segregating “technical” exceptions from “contractual” exceptions. Where the Consultant wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these shall be thoroughly explained. If no contractual exceptions are noted, Consultant will be deemed to have no objection to the contract requirements as set forth in EXHIBIT C, “Sample Professional Services Agreement.”

10. Proposal Acknowledgement Form. Contractor shall complete and submit EXHIBIT B, “Proposal Acknowledgement Form.” Failure to submit this signed form will result in the disqualification of the Consultant’s proposal.

SEPARATE FEE PROPOSAL
Consultant fee schedule included with the submittal but in a separate sealed envelope. The proposal shall include:
a. Total Project Cost Proposal and hourly rate schedule. b. A table indicating the anticipated staff-hours dedicated to perform each of the tasks to complete the project.

Additional information can be found under Section X, “Payment to Consultant,” below.

V. SELECTION CRITERIA
Submitted proposals will be evaluated based on the following factors, but may not be limited to just these factors:

Criteria Approximate
Weight
Staffing Capabilities / Technical Competence. Candidates shall have knowledge of the principles and practices of engineering as related to design, construction and
maintenance of public facilities, as well as an understanding of the practices, applicable laws and state permits; codes and standards applicable to public works construction.
20%
Approach to Work. Methodology to be implemented to
address and coordinate the various elements within the
program.
35%
Past Performance Record. Experience in completion of
projects of similar complexity and scale for other agencies within Southern California is desirable. Efficiency and timeliness in completion of program requirements.
30%
Cost. Reasonableness of the firm’s fixed price and or hourly rates, and competitiveness of quoted firm-fixed prices with other proposals received.
10%
Exceptions and deviations from the City’s standard
Professional Services Agreement. 5%
VI. SELECTION PROCESS
Per California law, the procurement of Professional Services must be selected on the basis of qualifications, or Qualifications Based Selection (QBS) in accordance with Public Law 92-582. The procurement of Professional Services can be one-time or multi-year. Professional services contracts have provisions for specific terms, compensation amounts, and scopes of services.

The City reserves the right to require in-person interviews with Consultants, if deemed necessary, after the evaluation of the written proposals. In this case, the Consultants of the three (3) highest-scoring written proposals will be invited to interviews prior to final selection of the Consultant.

Each RFP will be reviewed to determine if it meets the submittal requirements contained within this RFP. Failure to meet the requirements for the RFP will be cause for rejection of the proposal. The City may reject any proposal if it is conditional, incomplete, or contains irregularities. The City may waive an immaterial deviation in a proposal, but this shall in no way modify the proposal document or excuse the Consultant from compliance with the contract requirements if the Consultant is awarded the contract.

The successful Consultant to whom work is awarded shall, within ten (10) days after being notified, enter into a contract with the City for the work in accordance with the specifications and shall furnish all required documents necessary to enter into said contract. Failure of the successful bidder to execute the contract within the ten (10)-day window shall be just cause for the City to contract with the next responsible Consultant.

VII. SUBMISSION DEADLINE
In order to be considered, the Consultant must submit three (3) copies of the Service Proposal, and one (1) copy of the Fee Proposal in a separate, sealed envelope to the following office:

City of Stanton
Public Works & Engineering Department (Public Counter)
7800 Katella Avenue
Stanton, CA 90680-3162
Attention: Cesar Rangel, P.E.

The proposal outer envelope shall be labeled:

PROPOSAL FOR DESIGN OF THE

CENTRAL PARK TENNIS COURTS RENOVATION
The proposal must be received at the office listed above no later than the date and time listed on the cover.

There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing proposals in response to this request.

Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or proprietary will be ineffective and disregarded.

The City reserves the right to retain all proposals submitted, and to use any idea in a proposal, regardless of whether the proposal was selected.

Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected firm.

All property rights, including publication rights of all reports produced by the selected firm in connection with services performed under this agreement, shall be vested in the City.

VIII. REQUESTS FOR ADDITIONAL INFORMATION
All questions and/or inquiries regarding this RFP shall be directed to:

Cesar Rangel, P.E.

Director of Public Works/City Engineer
City of Stanton
7800 Katella Avenue
Stanton, CA 90680-3162
Email: [email protected]
All questions and/or inquiries shall be submitted by Thursday, September 26, 2024. If the City chooses to respond to such inquiries, written responses will be made available through the City’s bidding support platform, bidnet direct (https://www.stantonca.gov/departments/public_works___engineering/reque st_for_proposals_and_bids/) by Monday, September 30, 2024.

Consultants are responsible to verify receipt of any addenda issued. We are aware some e-mails go to “junk”. You may verify all issued addenda by Monday, September 30, 2024, by contacting Cesar Rangel through e-mail. Confirmation of receipt of all addenda is part of the Proposal Acknowledgement Form (EXHIBIT B).

IX. TAXES AND LICENSES
All taxes and licenses, including, but not limited to, a Stanton City Business License and appropriate Contractor’s license, required for this work shall be obtained at the sole expense of the Contractor.

X. PAYMENT TO CONSULTANT

This work is to be performed for a “Not-to-Exceed Fixed Fee.”

The Consultant shall provide a “Payment Schedule” indicating the fee for individual tasks with a “Not-to-Exceed Fixed Fee” which shall be the sum of all tasks.

Tasks shall include, but not be limited to, all Professional Consultant Services necessary to complete the work covered by this Proposal.

The City will pay the Consultant for work completed as identified in the Payment Schedule.

Progress payments shall be based on tasks performed as identified in the Payment Schedule. Monthly invoices will specifically identify job title, personhours, and costs incurred by each task.

Sub-categorization of task is permitted to better define the task for payment.

Reimbursement costs such as mileage, printing, telephone, photographs, postage and delivery, are to be included in the “Not-to-Exceed Fixed Fee.”

All tasks including labor and reimbursable costs such as mileage, printing, telephone, photographs, postage, and delivery shall be supporting documentation presented at the time payment is requested.

The City will pay the Consultant for all acceptable services rendered in accordance with the “Agreement for Professional Consultant Services.”

When the Consultant is performing, or is requested to perform, work beyond the scope of service in the “Agreement for Professional Consultant Services,” an amendment to the agreement will be executed between the City and Consultant.

Payment will be based on hourly rate for work completed associated with each applicable task as identified in the consultant’s proposal.

XI. INSURANCE

A. The Consultant shall have 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.

B. The Contractor shall have Automobile Insurance for owned and nonowned automotive equipment in the amount of not less than $1,000,000.

C. The selected firm shall furnish the City a certificate evidencing Workmen’s Compensation Insurance with limits of no less than $1,000,000 per accident and Comprehensive Professional Liability with limits no less than $2.000,000 per occurrence. The City shall be named as the Additional Insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.

D. A Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
“Solely as respect to services done by or on behalf of the named insured for the City of Stanton, it is agreed that the City of Stanton, the Successor Agency of the City of Stanton, its officers, employees, and agents are all included as additional insured under this general liability policy, and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Stanton, its officers and employees, and its agents, under any third-party liability policy.”
E. It is the Consultant’s responsibility to ensure that all sub-consultants comply with the following:

Each sub-consultant that encroaches within the City’s right-ofway and affects (i.e., damages or impacts) City infrastructure must comply with the liability insurance requirements of the City.

Examples of such sub-consultant work include soil sample borings, utility potholing, etc.

XII. TERMINATION FOR CONVENIENCE OF THE CITY

The City reserves the right to terminate the “Professional Services Agreement” for the “convenience of the City” at any time by giving ten (10) days written notice to the Consultant of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes, and other materials produced and procured by the Consultant under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Consultant within ten (10) working days from the date of such termination. The City will reimburse the Consultant for all acceptable work performed as set forth in the executed Agreement.

XIII. INDEPENDENT CONTRACTOR
The Contractor’s relationship to the City in the performance of the Contractor’s services for this project is that of an independent contractor. The personnel performing said services shall at all times be under the Contractor’s exclusive direction and control and shall be employees of the Contractor, not employees of the City. The Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of said work, and shall be responsible for all employee reports and obligations, including, but not limited to, Social Security, income tax withholding, unemployment compensation, and Workers’ Compensation.

XIV. CONTRACT
The Contract includes the Professional Services Agreement, the City’s RFP, the Contractor’s Proposal, and Exhibits.

The Political Reform Act and the City’s Conflict of Interest Code require that consultants be considered as potential filers of Statements of Economic Interest. Consultants, as defined by Section 18701, may be required to file an Economic Interest Statement (Form 700) within thirty (30) days of signing a Consultant Agreement with the City, on an annual basis thereafter while the contract remains in effect, and within thirty (30) days of completion of the contract.

XV. GENERAL CONDITIONS
Pre-contractual expenses are defined as expenses incurred by the Consultant in: (1) preparing the proposal; (2) submitting the proposal to the City; (3) presenting during the selection interview; (4) negotiating with the City on any matter related to the proposal; (5) any other expenses incurred by the

Consultant prior to an executed Agreement, and (6) attendance of City Council for Award of Contract.

The City shall not, in any event, be liable for any pre-contractual expenses incurred by the Contractor. Services shall not commence until the Agreement for Professional Contractor Services has been executed by the City.

The Contractor is responsible for notifying Underground Service Alert and providing proper traffic control, at no additional expense to the City.

The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection(s). Any contract awarded for these Contractor engagements will be made to the Contractor who, in the opinion of the City, is best qualified.

XVI. PREVAILING WAGES
Certain labor categories under this project are subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et. seq. These labor categories when employed for any work on or in the execution of a “Public Works” project require payment of prevailing wages including but not limited to, testing, potholing and non-design work.

EXHIBIT A
Vicinity Map

VICINITY MAP
STANTON CENTRAL PARK – 10660 WESTERN AVE.

SHEET NO
1 OF 1

STANTON CENTRAL PARK
N WESTERN AVE.

LEGEND

PROJECT AREA
55414.00000\32996936.2
A-2
EXHIBIT “B”

SCHEDULE OF SERVICES
ID Task Name Duration Start Finish
1 Information Gathering and Conceptual Phase 4.9 wks Mon 12/16/24 Fri 1/17/25 2 Regulatory Permitting 4.2 wks Fri 1/17/25 Mon 2/17/253 Town Hall Meetings 4.3 wks Fri 1/17/25 Mon 2/17/254 Community Survey 4.3 wks Fri 1/17/25 Mon 2/17/255 Geotechnical, Electrical, and Structural 9 wks Fri 1/17/25 Fri 3/21/256 Final PS&E 10 wks Tue 2/18/25 Mon 4/28/257 Bidding - Response to RFI's 6 wks Tue 4/29/25 Mon 6/9/25 12/16 1/17
1/17 2/171/17 2/171/17 2/171/17 3/21
2/18 4/28
4/29 6/9
Nov '24 Dec '24 Jan '25 Feb '25 Mar '25 Apr '25 May '25 Jun '25 Jul '25 Central Park Tennis CourtsRenovation ProjectStanton, California Project Schedule
November 18, 2024
RHA Landscape Architects-Planners, Inc.
55414.00000\32996936.2
C-1
EXHIBIT “C”

COMPENSATION
Central Park Tennis Courts Fee Proposal RHA Landscape Architects-Planners, Inc.

Principal Project
Manager
Landscape
Designer Principal Project Manager
Staff Principal Project
Manager
Staff Principal Project
Manager
Staff
$210 $175 $150 $325 $275 $135 $220 $180 $150 $220 $175 $160 Preliminary Design
Project Management 8 $ 1,400
Project Kick-off Meeting 2 2 $ 770
Design Survey 8 8 17 $ 7,095
Underground Utility locating 4 8 12 $ 5,120
Geotectnical Investigation 8 16 22 $ 7,940
Public Feedback/Research / Site Analysis 8 8 $ 2,600
Preliminary Design Development Plans (2) 4 32 $ 5,500
Presentantions to staff, commissions, & council (3) 8 8 $ 3,080 Estimate of Costs 1 2 $ 475
Meetings with City Staff (4) 4 4 $ 1,300
Subtotal Hours 10 35 46 12 16 29 8 16 22 - - - 194
Subtotal Dollars $ 2,100 $ 6,125 $ 6,900 $ 3,900 $ 4,400 $ 3,915 $ 1,760 $ 2,880 $ 3,300 $ - $ - $ - $ 35,280 Expenses $ 500
TOTAL $ 35,780
Task 2 - Construction Documents
Project Management 8 $ 1,400
Demolition Plan 1 8 $ 1,375
Construction Plan & Details 2 32 $ 5,150
Irrigation Plan & Details 2 8 $ 1,550
Planting Plan & Details 4 8 $ 1,900
Electrical and Lighting Plan & Details 10 10 13 $ 6,030 Estimate of Costs at 60%, 90% & 100% 1 3 $ 625
Specifications 6 8 $ 2,250
Meetings with City Staff (8) 4 8 $ 1,900
Plan Submittals at 60% Drawings 2 4 $ 950
Plan Submittals at 90% Drawings 2 4 $ 950
Plan Submittals at 100% Drawings 2 4 $ 950
Bidding Support 8 $ 1,200
$ -
Subtotal Hours - 34 95 - - - - - - 10 10 13 162
Subtotal Dollars $ - $ 5,950 $ 14,250 $ - $ - $ - $ - $ - $ - $ 2,200 $ 1,750 $ 2,080 $ 26,230 Expenses $ 500
TOTAL $ 26,730
TOTAL HOURS 10 69 141 12 16 29 8 16 22 10 10 13 356
TOTAL EXPENSES $ 1,000
TOTAL FEES $ 2,100 $ 12,075 $ 21,150 $ 3,900 $ 4,400 $ 3,915 $ 1,760 $ 2,880 $ 3,300 $ 2,200 $ 1,750 $ 2,080 $ 61,510 TOTAL DOLLARS $ 62,510
10/31/2024
TASK
RHA Landscape ArchitectsPlanners, Inc.David Beckwith Asssociates Engineering Geocon Geotechnical Services JMPE
C
o
n TOTAL
$15,625 $12,215 $7,940 $0
$500 $0 $0
$20,700 $0 $0 $6,030
$500 $0 $0
$36,325 $12,215 $7,940 $6,030
$1,000 $0 $0 $0

1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 10, 2024
SUBJECT: ADOPT RESOLUTION CERTIFYING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024
REPORT IN BRIEF:

City Council consideration of adoption of a resolution certifying the results of the General Municipal Election held on Tuesday, November 5, 2024.

RECOMMENDED ACTION:

1. City Council find that the proposed action pertains to the organizational activities of the City and does not constitute a “project” under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA; and

2. Adopt Resolution No. 2024-41, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW”.

BACKGROUND:

A General Municipal Election was held in the City of Stanton on Tuesday, November 5, 2024, consolidated with the Statewide General Election for the purposes of election of Members of the City Council from Districts 2 and 4 and for City voters to consider a ballot measure, Measure HH. The Orange County Registrar of Voters has completed the canvass of the results and the appropriate Resolution has been prepared for adoption, which is attached to this report. The results are attached as Exhibit “A” to the above entitled Resolution.

Item: 9K
Click here to return to the agenda.
2 As a result of the election, the following candidates were elected:
• Victor Barrios for Member of the City Council representing District 2 for a term of four years;
• John Douglas Warren for Member of the City Council representing District 4 for a term of four years.

Further, a majority of City voters did approve Measure HH and it was, therefore, passed.

FISCAL IMPACT:

There is no fiscal impact associated with this report.

ENVIRONMENTAL IMPACT:

The proposed action pertains to the organizational activities of the City and does not constitute a “project” under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA.

LEGAL REVIEW:

Approved as to form.

PUBLIC NOTIFICATION:

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

STRATEGIC PLAN OBJECTIVE:

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

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

A. Resolution No. 2024-41, Certifying the Results of the General Municipal Election RESOLUTION NO. 2024-41

RESOLUTION NO. 2024-41

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

RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS

PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Stanton, California, on Tuesday, November 5, 2024, as required by law for Electoral Districts 2 and 4 in order to elect Members of the City Council to represent Districts 2 and 4; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that candidates were nominated to fill the vacancy or vacancies as provided by law; that voting precincts were properly established; that election officers were appointed, and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit “A".

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

SECTION 1: That the whole number of ballots cast in the precincts including vote-by-mail ballots and provisional ballots are detailed in the Official Canvass attached as Exhibit “A”.

SECTION 2: That the names of persons voted for at the election for Member of the City Council to represent Electoral District 2 are as follows: Victor Barrios and Hong Alyce Van.

That the name of the person voted for at the election for Member of the City Council to represent Electoral District 4 is as follows: Mike Montgomery and John Douglas Warren.

SECTION 3: That the measure voted upon at the election is as follows:

Stanton Mayoral Term Limits. “Shall the City of Stanton adopt a measure establishing a two-full-term lifetime limit on service as Mayor, starting with the November 5, 2024 General Municipal Election?” YES
NO
SECTION 4: That the number of votes cast at each precinct, and the number of votes cast in the City for each of the persons above-named for the respective offices for which the persons were candidates, and for and against the Measure, are set forth in Exhibit “B,” which is attached hereto and incorporated herein by this reference.

Attachment: A
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RESOLUTION NO. 2024-41

SECTION 5: The City Council does declare and determine that as a result of the election:

Victor Barrios was elected as Member of the City Council to represent Electoral District 2 for the full term of four years; and
John Douglas Warren was elected as Member of the City Council to represent Electoral District 4 for the full term of four years; and
A majority of voters voting on Measure HH did vote in favor thereof, the Measure was carried, and it shall be deemed adopted and ratified.

SECTION 6: The City Clerk shall enter on the records of the City of Stanton, a statement of result of the election, showing:

1. The whole number of votes/ballots cast in the City;

2. The names of the persons voted for;

3. The measure voted upon;

4. For what office each person was voted;

5. The number of votes cast at each precinct for each person, and for and against the measure; and

6. The total number of votes cast for each person, and for and against the measure.

SECTION 7: That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 8: Compliance with California Environmental Quality Act. The City Council finds that this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

SECTION 9: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

RESOLUTION NO. 2024-41

SECTION 10: Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this resolution or any part thereof.

The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 11: Effective Date. This Resolution shall become effective immediately.

ADOPTED, SIGNED AND APPROVED this 10th day of December, 2024.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-41 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on December 10, 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

CERTIFIED STATEMENT OF THE VOTES CAST
at the

PRESIDENTIAL GENERAL ELECTION
NOVEMBER 5, 2024
in the
County of Orange, State of California
FILED ______ , 2024
SHIRLEY N. WEBER, SECRETARY OF STATE

BY ------------ DEPUTY
State of California)
) ss
County of Orange)
I, Bob Page, Registrar of Voters of Orange County, do hereby certify that, in pursuance of the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the Presidential General Election held in Orange County on November 5, 2024, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true, and correct.

WITNESS my hand and Official Seal
THIS , 2024
� f- jC F' REGISTRAR OF VOTERS
I
Exhibit "A"
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12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1494 CITY OF STANTON Member, City Council, District 2
Vote Center Totals
District
RegistrationBallots CastTurnout (%)VICTOR BARRIOSHONG ALYCE VAN Orange County 3,833 678 17.7 405 213
Orange County 3,833 678 17.7 405 213
46th Congressional District 3,833 678 17.7 405 213
36th Senate District 3,833 678 17.7 405 213
70th Assembly District 3,833 678 17.7 405 213
4th Supervisorial District 3,833 678 17.7 405 213
Stanton 3,833 678 17.7 405 213
Stanton Council District 2 3,833 678 17.7 405 213
State Board of Equalization
(4th District)
3,833 678 17.7 405 213
4th District Court of Appeal 3,833 678 17.7 405 213
County Board of Education
Trustee Area 4
3,833 678 17.7 405 213
North Orange County
Community College District
3,833 678 17.7 405 213
North Orange County
Community College District
Trustee Area 1
2,967 537 18.1 309 179
North Orange County
Community College District
Trustee Area 2
866 141 16.3 96 34
Magnolia School District 2,579 449 17.4 291 114
Magnolia School District
Trustee Area 1
1,864 324 17.4 213 87
Magnolia School District
Trustee Area 5
715 125 17.5 78 27
Savanna School District 1,254 229 18.3 114 99
Savanna School District Trustee
Area 1
1,254 229 18.3 114 99
Anaheim Union High School
District
3,833 678 17.7 405 213
Anaheim Union High School
District Trustee Area 3
2,385 417 17.5 271 103
Anaheim Union High School
District Trustee Area 5
1,448 261 18.0 134 110
Municipal Water District of
Orange County
3,833 678 17.7 405 213
Municipal Water District of
Orange County Division 3
3,833 678 17.7 405 213
Orange County Water District 3,833 678 17.7 405 213
Orange County Water District
Division 1
3,833 678 17.7 405 213
Historical 2010 - 47th
Congressional District
3,833 678 17.7 405 213
Historical 2010 - 29th Senate
District
3,833 678 17.7 405 213
Historical 2010 - 65th
Assembly District
3,833 678 17.7 405 213
Historical 2010 - State Board of
Equalization (4th District)
3,833 678 17.7 405 213
Historical 2010 - 2nd
Supervisorial District
3,833 678 17.7 405 213
Historical 2010 - County Board
of Education Trustee Area 2
3,833 678 17.7 405 213
Proposition 2 3,833 678 17.7 405 213
Proposition 3 3,833 678 17.7 405 213
Proposition 4 3,833 678 17.7 405 213
Proposition 5 3,833 678 17.7 405 213
Proposition 6 3,833 678 17.7 405 213
Proposition 32 3,833 678 17.7 405 213
Proposition 33 3,833 678 17.7 405 213
Proposition 34 3,833 678 17.7 405 213
Proposition 35 3,833 678 17.7 405 213
Proposition 36 3,833 678 17.7 405 213

Exhibit "B"
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12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1495 CITY OF STANTON Member, City Council, District 2
Vote Center Totals
District
RegistrationBallots CastTurnout (%)VICTOR BARRIOSHONG ALYCE VAN United States Senator
Partial/Unexpired Term
3,833 678 17.7 405 213
United States Senator 3,833 678 17.7 405 213
President 3,833 678 17.7 405 213
Vote Center Totals 3,833 678 17.7 405 213

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1496 CITY OF STANTON Member, City Council, District 2
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)VICTOR BARRIOSHONG ALYCE VAN Orange County 3,833 1,604 41.8 859 646
Orange County 3,833 1,604 41.8 859 646
46th Congressional District 3,833 1,604 41.8 859 646
36th Senate District 3,833 1,604 41.8 859 646
70th Assembly District 3,833 1,604 41.8 859 646
4th Supervisorial District 3,833 1,604 41.8 859 646
Stanton 3,833 1,604 41.8 859 646
Stanton Council District 2 3,833 1,604 41.8 859 646
State Board of Equalization
(4th District)
3,833 1,604 41.8 859 646
4th District Court of Appeal 3,833 1,604 41.8 859 646
County Board of Education
Trustee Area 4
3,833 1,604 41.8 859 646
North Orange County
Community College District
3,833 1,604 41.8 859 646
North Orange County
Community College District
Trustee Area 1
2,967 1,187 40.0 613 497
North Orange County
Community College District
Trustee Area 2
866 417 48.2 246 149
Magnolia School District 2,579 1,034 40.1 599 370
Magnolia School District
Trustee Area 1
1,864 768 41.2 442 288
Magnolia School District
Trustee Area 5
715 266 37.2 157 82
Savanna School District 1,254 570 45.5 260 276
Savanna School District Trustee
Area 1
1,254 570 45.5 260 276
Anaheim Union High School
District
3,833 1,604 41.8 859 646
Anaheim Union High School
District Trustee Area 3
2,385 974 40.8 568 342
Anaheim Union High School
District Trustee Area 5
1,448 630 43.5 291 304
Municipal Water District of
Orange County
3,833 1,604 41.8 859 646
Municipal Water District of
Orange County Division 3
3,833 1,604 41.8 859 646
Orange County Water District 3,833 1,604 41.8 859 646
Orange County Water District
Division 1
3,833 1,604 41.8 859 646
Historical 2010 - 47th
Congressional District
3,833 1,604 41.8 859 646
Historical 2010 - 29th Senate
District
3,833 1,604 41.8 859 646
Historical 2010 - 65th
Assembly District
3,833 1,604 41.8 859 646
Historical 2010 - State Board of
Equalization (4th District)
3,833 1,604 41.8 859 646
Historical 2010 - 2nd
Supervisorial District
3,833 1,604 41.8 859 646
Historical 2010 - County Board
of Education Trustee Area 2
3,833 1,604 41.8 859 646
Proposition 2 3,833 1,604 41.8 859 646
Proposition 3 3,833 1,604 41.8 859 646
Proposition 4 3,833 1,604 41.8 859 646
Proposition 5 3,833 1,604 41.8 859 646
Proposition 6 3,833 1,604 41.8 859 646
Proposition 32 3,833 1,604 41.8 859 646
Proposition 33 3,833 1,604 41.8 859 646
Proposition 34 3,833 1,604 41.8 859 646
Proposition 35 3,833 1,604 41.8 859 646
Proposition 36 3,833 1,604 41.8 859 646

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1497 CITY OF STANTON Member, City Council, District 2
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)VICTOR BARRIOSHONG ALYCE VAN United States Senator
Partial/Unexpired Term
3,833 1,604 41.8 859 646
United States Senator 3,833 1,604 41.8 859 646
President 3,833 1,604 41.8 859 646
Vote by Mail Totals 3,833 1,604 41.8 859 646

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1498 CITY OF STANTON Member, City Council, District 2
Grand Totals
District
RegistrationBallots CastTurnout (%)VICTOR BARRIOSHONG ALYCE VAN Orange County 3,833 2,282 59.5 1264 859
Orange County 3,833 2,282 59.5 1264 859
46th Congressional District 3,833 2,282 59.5 1264 859
36th Senate District 3,833 2,282 59.5 1264 859
70th Assembly District 3,833 2,282 59.5 1264 859
4th Supervisorial District 3,833 2,282 59.5 1264 859
Stanton 3,833 2,282 59.5 1264 859
Stanton Council District 2 3,833 2,282 59.5 1264 859
State Board of Equalization
(4th District)
3,833 2,282 59.5 1264 859
4th District Court of Appeal 3,833 2,282 59.5 1264 859
County Board of Education
Trustee Area 4
3,833 2,282 59.5 1264 859
North Orange County
Community College District
3,833 2,282 59.5 1264 859
North Orange County
Community College District
Trustee Area 1
2,967 1,724 58.1 922 676
North Orange County
Community College District
Trustee Area 2
866 558 64.4 342 183
Magnolia School District 2,579 1,483 57.5 890 484
Magnolia School District
Trustee Area 1
1,864 1,092 58.6 655 375
Magnolia School District
Trustee Area 5
715 391 54.7 235 109
Savanna School District 1,254 799 63.7 374 375
Savanna School District Trustee
Area 1
1,254 799 63.7 374 375
Anaheim Union High School
District
3,833 2,282 59.5 1264 859
Anaheim Union High School
District Trustee Area 3
2,385 1,391 58.3 839 445
Anaheim Union High School
District Trustee Area 5
1,448 891 61.5 425 414
Municipal Water District of
Orange County
3,833 2,282 59.5 1264 859
Municipal Water District of
Orange County Division 3
3,833 2,282 59.5 1264 859
Orange County Water District 3,833 2,282 59.5 1264 859
Orange County Water District
Division 1
3,833 2,282 59.5 1264 859
Historical 2010 - 47th
Congressional District
3,833 2,282 59.5 1264 859
Historical 2010 - 29th Senate
District
3,833 2,282 59.5 1264 859
Historical 2010 - 65th
Assembly District
3,833 2,282 59.5 1264 859
Historical 2010 - State Board of
Equalization (4th District)
3,833 2,282 59.5 1264 859
Historical 2010 - 2nd
Supervisorial District
3,833 2,282 59.5 1264 859
Historical 2010 - County Board
of Education Trustee Area 2
3,833 2,282 59.5 1264 859
Proposition 2 3,833 2,282 59.5 1264 859
Proposition 3 3,833 2,282 59.5 1264 859
Proposition 4 3,833 2,282 59.5 1264 859
Proposition 5 3,833 2,282 59.5 1264 859
Proposition 6 3,833 2,282 59.5 1264 859
Proposition 32 3,833 2,282 59.5 1264 859
Proposition 33 3,833 2,282 59.5 1264 859
Proposition 34 3,833 2,282 59.5 1264 859
Proposition 35 3,833 2,282 59.5 1264 859
Proposition 36 3,833 2,282 59.5 1264 859

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1499 CITY OF STANTON Member, City Council, District 2
Grand Totals
District
RegistrationBallots CastTurnout (%)

VICTOR BARRIOSHONG ALYCE VAN
United States Senator
Partial/Unexpired Term
3,833 2,282 59.5 1264 859
United States Senator 3,833 2,282 59.5 1264 859
President 3,833 2,282 59.5 1264 859
Vote Center Totals 3,833 678 17.7 405 213
Vote by Mail Totals 3,833 1,604 41.8 859 646
Grand Totals 3,833 2,282 59.5 1,264 859

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1501 CITY OF STANTON Member, City Council, District 4
Vote Center Totals
District
RegistrationBallots CastTurnout (%)MIKE MONTGOMERYJOHN DOUGLAS WARREN Orange County 4,738 755 15.9 248 386
Orange County 4,738 755 15.9 248 386
46th Congressional District 4,738 755 15.9 248 386
36th Senate District 4,738 755 15.9 248 386
70th Assembly District 4,738 755 15.9 248 386
4th Supervisorial District 4,738 755 15.9 248 386
Stanton 4,738 755 15.9 248 386
Stanton Council District 4 4,738 755 15.9 248 386
State Board of Equalization
(4th District)
4,738 755 15.9 248 386
4th District Court of Appeal 4,738 755 15.9 248 386
County Board of Education
Trustee Area 4
4,738 755 15.9 248 386
Coast Community College
District
4,318 687 15.9 232 343
Coast Community College
District Trustee Area 1
1,986 326 16.4 126 145
Coast Community College
District Trustee Area 2
2,332 361 15.5 106 198
North Orange County
Community College District
420 68 16.2 16 43
North Orange County
Community College District
Trustee Area 1
420 68 16.2 16 43
Garden Grove Unified School
District
4,738 755 15.9 248 386
Garden Grove Unified School
District Trustee Area 1
4,738 755 15.9 248 386
Municipal Water District of
Orange County
4,738 755 15.9 248 386
Municipal Water District of
Orange County Division 3
4,738 755 15.9 248 386
Orange County Water District 4,738 755 15.9 248 386
Orange County Water District
Division 1
4,738 755 15.9 248 386
Historical 2010 - 47th
Congressional District
4,738 755 15.9 248 386
Historical 2010 - 29th Senate
District
4,738 755 15.9 248 386
Historical 2010 - 65th
Assembly District
4,738 755 15.9 248 386
Historical 2010 - State Board of
Equalization (4th District)
4,738 755 15.9 248 386
Historical 2010 - 2nd
Supervisorial District
4,738 755 15.9 248 386
Historical 2010 - County Board
of Education Trustee Area 2
4,738 755 15.9 248 386
Proposition 2 4,738 755 15.9 248 386
Proposition 3 4,738 755 15.9 248 386
Proposition 4 4,738 755 15.9 248 386
Proposition 5 4,738 755 15.9 248 386
Proposition 6 4,738 755 15.9 248 386
Proposition 32 4,738 755 15.9 248 386
Proposition 33 4,738 755 15.9 248 386
Proposition 34 4,738 755 15.9 248 386
Proposition 35 4,738 755 15.9 248 386
Proposition 36 4,738 755 15.9 248 386
United States Senator
Partial/Unexpired Term
4,738 755 15.9 248 386
United States Senator 4,738 755 15.9 248 386
President 4,738 755 15.9 248 386
Vote Center Totals 4,738 755 15.9 248 386

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1502 CITY OF STANTON Member, City Council, District 4
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)MIKE MONTGOMERYJOHN DOUGLAS WARREN Orange County 4,738 2,411 50.9 562 1524
Orange County 4,738 2,411 50.9 562 1524
46th Congressional District 4,738 2,411 50.9 562 1524
36th Senate District 4,738 2,411 50.9 562 1524
70th Assembly District 4,738 2,411 50.9 562 1524
4th Supervisorial District 4,738 2,411 50.9 562 1524
Stanton 4,738 2,411 50.9 562 1524
Stanton Council District 4 4,738 2,411 50.9 562 1524
State Board of Equalization
(4th District)
4,738 2,411 50.9 562 1524
4th District Court of Appeal 4,738 2,411 50.9 562 1524
County Board of Education
Trustee Area 4
4,738 2,411 50.9 562 1524
Coast Community College
District
4,318 2,223 51.5 526 1390
Coast Community College
District Trustee Area 1
1,986 1,059 53.3 287 640
Coast Community College
District Trustee Area 2
2,332 1,164 49.9 239 750
North Orange County
Community College District
420 188 44.8 36 134
North Orange County
Community College District
Trustee Area 1
420 188 44.8 36 134
Garden Grove Unified School
District
4,738 2,411 50.9 562 1524
Garden Grove Unified School
District Trustee Area 1
4,738 2,411 50.9 562 1524
Municipal Water District of
Orange County
4,738 2,411 50.9 562 1524
Municipal Water District of
Orange County Division 3
4,738 2,411 50.9 562 1524
Orange County Water District 4,738 2,411 50.9 562 1524
Orange County Water District
Division 1
4,738 2,411 50.9 562 1524
Historical 2010 - 47th
Congressional District
4,738 2,411 50.9 562 1524
Historical 2010 - 29th Senate
District
4,738 2,411 50.9 562 1524
Historical 2010 - 65th
Assembly District
4,738 2,411 50.9 562 1524
Historical 2010 - State Board of
Equalization (4th District)
4,738 2,411 50.9 562 1524
Historical 2010 - 2nd
Supervisorial District
4,738 2,411 50.9 562 1524
Historical 2010 - County Board
of Education Trustee Area 2
4,738 2,411 50.9 562 1524
Proposition 2 4,738 2,411 50.9 562 1524
Proposition 3 4,738 2,411 50.9 562 1524
Proposition 4 4,738 2,411 50.9 562 1524
Proposition 5 4,738 2,411 50.9 562 1524
Proposition 6 4,738 2,411 50.9 562 1524
Proposition 32 4,738 2,411 50.9 562 1524
Proposition 33 4,738 2,411 50.9 562 1524
Proposition 34 4,738 2,411 50.9 562 1524
Proposition 35 4,738 2,411 50.9 562 1524
Proposition 36 4,738 2,411 50.9 562 1524
United States Senator
Partial/Unexpired Term
4,738 2,411 50.9 562 1524
United States Senator 4,738 2,411 50.9 562 1524
President 4,738 2,411 50.9 562 1524
Vote by Mail Totals 4,738 2,411 50.9 562 1,524

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1097 Page 1503 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1504 CITY OF STANTON Member, City Council, District 4
Grand Totals
District
RegistrationBallots CastTurnout (%)MIKE MONTGOMERYJOHN DOUGLAS WARREN Orange County 4,738 3,166 66.8 810 1910
Orange County 4,738 3,166 66.8 810 1910
46th Congressional District 4,738 3,166 66.8 810 1910
36th Senate District 4,738 3,166 66.8 810 1910
70th Assembly District 4,738 3,166 66.8 810 1910
4th Supervisorial District 4,738 3,166 66.8 810 1910
Stanton 4,738 3,166 66.8 810 1910
Stanton Council District 4 4,738 3,166 66.8 810 1910
State Board of Equalization
(4th District)
4,738 3,166 66.8 810 1910
4th District Court of Appeal 4,738 3,166 66.8 810 1910
County Board of Education
Trustee Area 4
4,738 3,166 66.8 810 1910
Coast Community College
District
4,318 2,910 67.4 758 1733
Coast Community College
District Trustee Area 1
1,986 1,385 69.7 413 785
Coast Community College
District Trustee Area 2
2,332 1,525 65.4 345 948
North Orange County
Community College District
420 256 61.0 52 177
North Orange County
Community College District
Trustee Area 1
420 256 61.0 52 177
Garden Grove Unified School
District
4,738 3,166 66.8 810 1910
Garden Grove Unified School
District Trustee Area 1
4,738 3,166 66.8 810 1910
Municipal Water District of
Orange County
4,738 3,166 66.8 810 1910
Municipal Water District of
Orange County Division 3
4,738 3,166 66.8 810 1910
Orange County Water District 4,738 3,166 66.8 810 1910
Orange County Water District
Division 1
4,738 3,166 66.8 810 1910
Historical 2010 - 47th
Congressional District
4,738 3,166 66.8 810 1910
Historical 2010 - 29th Senate
District
4,738 3,166 66.8 810 1910
Historical 2010 - 65th
Assembly District
4,738 3,166 66.8 810 1910
Historical 2010 - State Board of
Equalization (4th District)
4,738 3,166 66.8 810 1910
Historical 2010 - 2nd
Supervisorial District
4,738 3,166 66.8 810 1910
Historical 2010 - County Board
of Education Trustee Area 2
4,738 3,166 66.8 810 1910
Proposition 2 4,738 3,166 66.8 810 1910
Proposition 3 4,738 3,166 66.8 810 1910
Proposition 4 4,738 3,166 66.8 810 1910
Proposition 5 4,738 3,166 66.8 810 1910
Proposition 6 4,738 3,166 66.8 810 1910
Proposition 32 4,738 3,166 66.8 810 1910
Proposition 33 4,738 3,166 66.8 810 1910
Proposition 34 4,738 3,166 66.8 810 1910
Proposition 35 4,738 3,166 66.8 810 1910
Proposition 36 4,738 3,166 66.8 810 1910
United States Senator
Partial/Unexpired Term
4,738 3,166 66.8 810 1910
United States Senator 4,738 3,166 66.8 810 1910
President 4,738 3,166 66.8 810 1910
Vote Center Totals 4,738 755 15.9 248 386
Vote by Mail Totals 4,738 2,411 50.9 562 1,524

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1505 CITY OF STANTON Member, City Council, District 4
Grand Totals
District
RegistrationBallots CastTurnout (%)MIKE MONTGOMERYJOHN DOUGLAS WARREN Grand Totals 4,738 3,166 66.8 810 1,910

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2805 HH-City of Stanton
Vote Center Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 18,234 3,095 17.0 1,788 984
Orange County 18,234 3,095 17.0 1,788 984
46th Congressional District 18,234 3,095 17.0 1,788 984 36th Senate District 18,234 3,095 17.0 1,788 984
70th Assembly District 18,234 3,095 17.0 1,788 984
4th Supervisorial District 18,234 3,095 17.0 1,788 984
Stanton 18,234 3,095 17.0 1,788 984
Stanton Council District 1 4,461 779 17.5 462 238
Stanton Council District 2 3,833 678 17.7 387 224
Stanton Council District 3 5,202 883 17.0 500 290
Stanton Council District 4 4,738 755 15.9 439 232
State Board of Equalization
(4th District)
18,234 3,095 17.0 1,788 984
4th District Court of Appeal 18,234 3,095 17.0 1,788 984 County Board of Education
Trustee Area 4
18,234 3,095 17.0 1,788 984
Coast Community College
District
4,318 687 15.9 401 206
Coast Community College
District Trustee Area 1
1,986 326 16.4 187 96
Coast Community College
District Trustee Area 2
2,332 361 15.5 214 110
North Orange County
Community College District
13,916 2,408 17.3 1,387 778
North Orange County
Community College District
Trustee Area 1
11,745 2,076 17.7 1,175 681
North Orange County
Community College District
Trustee Area 2
2,171 332 15.3 212 97
Magnolia School District 3,884 640 16.5 372 209
Magnolia School District
Trustee Area 1
3,169 515 16.3 313 163
Magnolia School District
Trustee Area 5
715 125 17.5 59 46
Savanna School District 5,395 998 18.5 574 310
Savanna School District Trustee
Area 1
2,734 486 17.8 290 150
Savanna School District Trustee
Area 2
612 94 15.4 47 32
Savanna School District Trustee
Area 3
2,049 418 20.4 237 128
Anaheim Union High School
District
9,279 1,638 17.7 946 519
Anaheim Union High School
District Trustee Area 3
2,385 417 17.5 227 145
Anaheim Union High School
District Trustee Area 5
6,894 1,221 17.7 719 374
Garden Grove Unified School
District
8,955 1,457 16.3 842 465
Garden Grove Unified School
District Trustee Area 1
8,955 1,457 16.3 842 465
Municipal Water District of
Orange County
18,234 3,095 17.0 1,788 984
Municipal Water District of
Orange County Division 3
18,234 3,095 17.0 1,788 984
Orange County Water District 18,234 3,095 17.0 1,788 984 Orange County Water District
Division 1
18,234 3,095 17.0 1,788 984
Historical 2010 - 47th
Congressional District
18,234 3,095 17.0 1,788 984
Historical 2010 - 29th Senate
District
18,234 3,095 17.0 1,788 984
Historical 2010 - 65th
Assembly District
18,234 3,095 17.0 1,788 984

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2806 HH-City of Stanton
Vote Center Totals
District
RegistrationBallots CastTurnout (%)YesNo
Historical 2010 - State Board of
Equalization (4th District)
18,234 3,095 17.0 1,788 984
Historical 2010 - 2nd
Supervisorial District
18,234 3,095 17.0 1,788 984
Historical 2010 - County Board
of Education Trustee Area 2
18,234 3,095 17.0 1,788 984
Proposition 2 18,234 3,095 17.0 1,788 984
Proposition 3 18,234 3,095 17.0 1,788 984
Proposition 4 18,234 3,095 17.0 1,788 984
Proposition 5 18,234 3,095 17.0 1,788 984
Proposition 6 18,234 3,095 17.0 1,788 984
Proposition 32 18,234 3,095 17.0 1,788 984
Proposition 33 18,234 3,095 17.0 1,788 984
Proposition 34 18,234 3,095 17.0 1,788 984
Proposition 35 18,234 3,095 17.0 1,788 984
Proposition 36 18,234 3,095 17.0 1,788 984
United States Senator
Partial/Unexpired Term
18,234 3,095 17.0 1,788 984
United States Senator 18,234 3,095 17.0 1,788 984
President 18,234 3,095 17.0 1,788 984
Vote Center Totals 18,234 3,095 17.0 1,788 984

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2807 HH-City of Stanton
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 18,234 8,652 47.4 5260 2549
Orange County 18,234 8,652 47.4 5260 2549
46th Congressional District 18,234 8,652 47.4 5260 2549 36th Senate District 18,234 8,652 47.4 5260 2549
70th Assembly District 18,234 8,652 47.4 5260 2549
4th Supervisorial District 18,234 8,652 47.4 5260 2549
Stanton 18,234 8,652 47.4 5260 2549
Stanton Council District 1 4,461 2,069 46.4 1273 605
Stanton Council District 2 3,833 1,604 41.8 963 471
Stanton Council District 3 5,202 2,568 49.4 1583 751
Stanton Council District 4 4,738 2,411 50.9 1441 722
State Board of Equalization
(4th District)
18,234 8,652 47.4 5260 2549
4th District Court of Appeal 18,234 8,652 47.4 5260 2549 County Board of Education
Trustee Area 4
18,234 8,652 47.4 5260 2549
Coast Community College
District
4,318 2,223 51.5 1319 673
Coast Community College
District Trustee Area 1
1,986 1,059 53.3 647 308
Coast Community College
District Trustee Area 2
2,332 1,164 49.9 672 365
North Orange County
Community College District
13,916 6,429 46.2 3941 1876
North Orange County
Community College District
Trustee Area 1
11,745 5,432 46.2 3352 1563
North Orange County
Community College District
Trustee Area 2
2,171 997 45.9 589 313
Magnolia School District 3,884 1,614 41.6 955 499
Magnolia School District
Trustee Area 1
3,169 1,348 42.5 804 420
Magnolia School District
Trustee Area 5
715 266 37.2 151 79
Savanna School District 5,395 2,604 48.3 1637 719
Savanna School District Trustee
Area 1
2,734 1,266 46.3 782 354
Savanna School District Trustee
Area 2
612 331 54.1 202 96
Savanna School District Trustee
Area 3
2,049 1,007 49.1 653 269
Anaheim Union High School
District
9,279 4,218 45.5 2592 1218
Anaheim Union High School
District Trustee Area 3
2,385 974 40.8 568 302
Anaheim Union High School
District Trustee Area 5
6,894 3,244 47.1 2024 916
Garden Grove Unified School
District
8,955 4,434 49.5 2668 1331
Garden Grove Unified School
District Trustee Area 1
8,955 4,434 49.5 2668 1331
Municipal Water District of
Orange County
18,234 8,652 47.4 5260 2549
Municipal Water District of
Orange County Division 3
18,234 8,652 47.4 5260 2549
Orange County Water District 18,234 8,652 47.4 5260 2549 Orange County Water District
Division 1
18,234 8,652 47.4 5260 2549
Historical 2010 - 47th
Congressional District
18,234 8,652 47.4 5260 2549
Historical 2010 - 29th Senate
District
18,234 8,652 47.4 5260 2549
Historical 2010 - 65th
Assembly District
18,234 8,652 47.4 5260 2549

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2808 HH-City of Stanton
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)YesNo
Historical 2010 - State Board of
Equalization (4th District)
18,234 8,652 47.4 5260 2549
Historical 2010 - 2nd
Supervisorial District
18,234 8,652 47.4 5260 2549
Historical 2010 - County Board
of Education Trustee Area 2
18,234 8,652 47.4 5260 2549
Proposition 2 18,234 8,652 47.4 5260 2549
Proposition 3 18,234 8,652 47.4 5260 2549
Proposition 4 18,234 8,652 47.4 5260 2549
Proposition 5 18,234 8,652 47.4 5260 2549
Proposition 6 18,234 8,652 47.4 5260 2549
Proposition 32 18,234 8,652 47.4 5260 2549
Proposition 33 18,234 8,652 47.4 5260 2549
Proposition 34 18,234 8,652 47.4 5260 2549
Proposition 35 18,234 8,652 47.4 5260 2549
Proposition 36 18,234 8,652 47.4 5260 2549
United States Senator
Partial/Unexpired Term
18,234 8,652 47.4 5260 2549
United States Senator 18,234 8,652 47.4 5260 2549
President 18,234 8,652 47.4 5260 2549
Vote by Mail Totals 18,234 8,652 47.4 5,260 2,549

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2809 HH-City of Stanton
Grand Totals
District
RegistrationBallots CastTurnout (%)
YesNo
Orange County 18,234 11,747 64.4 7048 3533
Orange County 18,234 11,747 64.4 7048 3533
46th Congressional District 18,234 11,747 64.4 7048 3533 36th Senate District 18,234 11,747 64.4 7048 3533
70th Assembly District 18,234 11,747 64.4 7048 3533
4th Supervisorial District 18,234 11,747 64.4 7048 3533 Stanton 18,234 11,747 64.4 7048 3533
Stanton Council District 1 4,461 2,848 63.8 1735 843
Stanton Council District 2 3,833 2,282 59.5 1350 695
Stanton Council District 3 5,202 3,451 66.3 2083 1041
Stanton Council District 4 4,738 3,166 66.8 1880 954
State Board of Equalization
(4th District)
18,234 11,747 64.4 7048 3533
4th District Court of Appeal 18,234 11,747 64.4 7048 3533 County Board of Education
Trustee Area 4
18,234 11,747 64.4 7048 3533
Coast Community College
District
4,318 2,910 67.4 1720 879
Coast Community College
District Trustee Area 1
1,986 1,385 69.7 834 404
Coast Community College
District Trustee Area 2
2,332 1,525 65.4 886 475
North Orange County
Community College District
13,916 8,837 63.5 5328 2654
North Orange County
Community College District
Trustee Area 1
11,745 7,508 63.9 4527 2244
North Orange County
Community College District
Trustee Area 2
2,171 1,329 61.2 801 410
Magnolia School District 3,884 2,254 58.0 1327 708
Magnolia School District
Trustee Area 1
3,169 1,863 58.8 1117 583
Magnolia School District
Trustee Area 5
715 391 54.7 210 125
Savanna School District 5,395 3,602 66.8 2211 1029
Savanna School District Trustee
Area 1
2,734 1,752 64.1 1072 504
Savanna School District Trustee
Area 2
612 425 69.4 249 128
Savanna School District Trustee
Area 3
2,049 1,425 69.5 890 397
Anaheim Union High School
District
9,279 5,856 63.1 3538 1737
Anaheim Union High School
District Trustee Area 3
2,385 1,391 58.3 795 447
Anaheim Union High School
District Trustee Area 5
6,894 4,465 64.8 2743 1290
Garden Grove Unified School
District
8,955 5,891 65.8 3510 1796
Garden Grove Unified School
District Trustee Area 1
8,955 5,891 65.8 3510 1796
Municipal Water District of
Orange County
18,234 11,747 64.4 7048 3533
Municipal Water District of
Orange County Division 3
18,234 11,747 64.4 7048 3533
Orange County Water District 18,234 11,747 64.4 7048 3533 Orange County Water District
Division 1
18,234 11,747 64.4 7048 3533
Historical 2010 - 47th
Congressional District
18,234 11,747 64.4 7048 3533
Historical 2010 - 29th Senate
District
18,234 11,747 64.4 7048 3533
Historical 2010 - 65th
Assembly District
18,234 11,747 64.4 7048 3533

12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2810 HH-City of Stanton
Grand Totals
District
RegistrationBallots CastTurnout (%)YesNo
Historical 2010 - State Board of
Equalization (4th District)
18,234 11,747 64.4 7048 3533
Historical 2010 - 2nd
Supervisorial District
18,234 11,747 64.4 7048 3533
Historical 2010 - County Board
of Education Trustee Area 2
18,234 11,747 64.4 7048 3533
Proposition 2 18,234 11,747 64.4 7048 3533
Proposition 3 18,234 11,747 64.4 7048 3533
Proposition 4 18,234 11,747 64.4 7048 3533
Proposition 5 18,234 11,747 64.4 7048 3533
Proposition 6 18,234 11,747 64.4 7048 3533
Proposition 32 18,234 11,747 64.4 7048 3533
Proposition 33 18,234 11,747 64.4 7048 3533
Proposition 34 18,234 11,747 64.4 7048 3533
Proposition 35 18,234 11,747 64.4 7048 3533
Proposition 36 18,234 11,747 64.4 7048 3533
United States Senator
Partial/Unexpired Term
18,234 11,747 64.4 7048 3533
United States Senator 18,234 11,747 64.4 7048 3533
President 18,234 11,747 64.4 7048 3533
Vote Center Totals 18,234 3,095 17.0 1,788 984
Vote by Mail Totals 18,234 8,652 47.4 5,260 2,549
Grand Totals 18,234 11,747 64.4 7,048 3,533

CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 10, 2024
SUBJECT: AWARD OF CONTRACT TO INTEGRATED DEMOLITION AND REMEDIATION, INC. FOR THE 8871 PACIFIC AVENUE DEMOLITION AND ABATEMENT PROJECT PURSUANT TO THE CITY’S

HOMELESSNESS STATE OF EMERGENCY AND IN THE INTEREST

OF PUBLIC HEALTH, SAFETY, AND WELFARE IN THE AMOUNT OF
$79,800
REPORT IN BRIEF:

At its meeting of November 26, 2024, the City Council declared a local emergency caused by conditions and threatened conditions of homelessness within the City of Stanton. The Tina Pacific neighborhood has been particularly impacted by the state of emergency, with transients and homeless individuals regularly trespassing and breaking into vacant units. In fact, in two separate instances this year, one vacant unit and one garage has been severely damaged by fires started by transients and/or homeless individuals. In addition, calls for service specifically identified as homelessness-related have increased by 162 percent from 2023 to 2024 within the City, and the intensity and severity of complaints from Tina Pacific residents in relation to homelessness-related issues has increased over the last five months. Pursuant to the local emergency declaration, and in her capacity as the City’s Director of Emergency Services, the City Manager is requesting authorization to award a contract for demolition for 8871 Pacific Avenue, which has a history of being broken into by homeless individuals, to prevent further trespassing and vandalism and to preserve the public health, safety, and welfare of the community.

RECOMMENDED ACTION:

1. City Council declare the work proposed under this scope increase to be categorically exempt under the California Environmental Quality Act (CEQA), Class 1, Section 15301(l)(3); and

2. Authorize staff to exercise an exception to the standard procurement procedures in the best interests of the City to preserve the public health, safety, and welfare of the community; and
Item: 9L
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3. Award a construction contract to Integrated Demolition and Remediation, Inc., to provide professional demolition and abatement services in the amount of $79,800; and

4. Authorize the City Manager/Director of Emergency Services to bind the City of Stanton and Integrated Demolition and Remediation, Inc., in a contract to provide the services; and

5. Authorize the City Manager/Director of Emergency Services to approve contract change orders with Integrated Demolition and Remediation, Inc., as needed and determined by City staff, for any contingencies up to 15% of the contract amount.

BACKGROUND:

At its meeting of November 26, 2024, the City Council declared a local emergency caused by conditions and threatened conditions of homelessness within the City of Stanton. Homelessness throughout the City has increased over the past five years, despite the City’s significant efforts to address and combat this issue. The City’s homeless population has exponentially increased since 2019. According to the County’s 2024 Point in Time Count, the City has experienced a 138 percent increase in its unsheltered population from 2019 to 2024, and a 78 percent total increase in its homeless population (including both sheltered and unsheltered individuals). (See https://ceo.ocgov.com/sites/ceo/files/2024-05/2024%20PIT%20Summary%20- %20FINAL%205.16.24.pdf.)
The City’s homeless population ranks as the fifth largest homeless population within the North Service Planning Area (SPA) even though, geographically, it is one of the smallest cities within the area at only 3.1 square miles. Only significantly larger North SPA cities (Anaheim, Fullerton, Buena Park, and Orange) have a higher homeless count. Among all 34 Orange County cities, the City’s homeless population ranks as the 11th largest.

The Tina Pacific neighborhood has been particularly impacted by the state of emergency. Calls for service specifically identified as homelessness-related have increased by 162 percent from 2023 to 2024. In addition, the intensity and severity of complaints from Tina Pacific residents in relation to homelessness-related issues has increased over the last five months.

Complaints made to City staff and property management within the last five months include:
• Homeless individuals have threatened to set fire to vacant units if residents keep reporting their illegal activities to the City and/or Orange County Sheriff’s Department.
• Homeless individuals have threatened residents with knives and makeshift weapons.
• Homeless individuals have cursed/swore in a threatening manner to residents. • Homeless individuals continuously break into boarded up vacant units. • Homeless individuals have set fires in vacant units and garages that destroyed the structures.
• Homeless individuals have broken into walls in between vacant units. • Homeless individuals have threatened to break into walls shared by occupied units.
• Homeless individuals have left drug paraphernalia inside vacant units and outside in common open areas, including used syringes, “whippet” canisters, used burnt foil, pipes, and prescription bottles with pills inside. • Homeless individuals scream and play loud music at all hours, preventing residents from being able to sleep and rest.

In the last five months, approximately 35 documented requests have been made to City staff or property management regarding requests related to homeless individuals trespassing and harassing residents. It is possible that residents in the neighborhood have underreported issues at the site, and the actual number of incidents are higher.

Resident requests are in addition to the proactive efforts of both the property management company’s maintenance staff as well as City Code Enforcement and the Orange County Sheriff’s Department.

Residents and QMG have reported that the vacant 4-plex at 8871 Pacific Avenue has experienced trespassing by transients despite the City’s and QMG’s numerous attempts to board and secure the 4-plex structure. The following is a sampling of challenges associated with leaving this 4-plex vacant structure standing:
• Property management and City staff have received numerous complaints from residents regarding concerns for their personal safety, after-hours parties, drug sales, and personal assault. Residents state they do not call 911 for fear of retaliation from the transients.
• The City, through QMG, boards the structure each time it is made aware that transients or trespassers have pried boards off of the windows or entryways. • In 2022, under similar circumstances, Community Action Partnership of Orange County staff supported demolition of a vacant unit that was also vulnerable to transient activity.

ANALYSIS/JUSTIFICATION:

The City requires the services of a qualified contractor to demolish and abate the 4-plex building located at 8871 Pacific Avenue and associated garages. The project consists of demolition and removals, clearing and grubbing, grading and earthwork, and the disposal of materials generated from the demolition/abatement of the building. Staff is recommending the demolition project pursuant to the City’s declared local emergency related to homelessness to preserve and protect 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 is recommending award of contract to Integrated Demolition and Remediation, Inc.

Integrated Demolition and Remediation, Inc. has provided a cost of $79,800 to complete the demolition and abatement projects.

If the proposed contract is approved, Integrated Demolition and Remediation, Inc., would demolish the 4-plex and garages after the acquisition of inspection results and required Air Quality Management District (AQMD) permits. The City anticipates that the demolition will occur within 30-45 days. Written notice will be provided to surrounding tenants prior to the demolition. Until the demolition occurs, the City and QMG will continue its efforts to board up the 4-plex to deter transients and trespassers from trespassing into the unit.

FISCAL IMPACT:

Funds are 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.

PUBLIC NOTIFICATION:

Notifications were performed through normal agenda process.

STRATEGIC PLAN OBJECTIVE:

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

Prepared by: Hannah Shin-Heydorn, City Manager/Director of Emergency Services Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager/Director of Emergency Services Attachment:

A. Draft Short Form Construction Contract Template
[***INSERT PROJECT NAME***] -1-

SHORT FORM CONSTRUCTION CONTRACT

CITY OF STANTON

SHORT FORM CONSTRUCTION CONTRACT

XXXX DEMOLITION AND ABATEMENT

1. PARTIES AND DATE.

This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the City of Stanton, a municipal corporation organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680 (“City”) and Integrated Demolition and Remediation, Inc., a Corporation, with its principal place of business at 421 E. Cerritos Avenue, Anaheim, CA 92805 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing demolition and abatement related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: B, C21, and C22.

2.3 Project. City desires to engage Contractor to render such services for the [***INSERT PROJECT NAME***] (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER CERTIFICATIONS as required by the Contract.

3. TERMS

3.1 Compensation and Payment.

3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Seventy Nine Thousand Eight Hundred Dollars ($79,800.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed Attachment: A
Click here to return to the agenda.
since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Payment and Performance Bonds (Exhibit “E”)
• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.3 Contractor’s Basic Obligation; Scope of Work.

3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.3.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.3.3 Change Orders. Changes to the Contract Time (as defined in Section

3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

3.3.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.3.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.4 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract within 30 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor.

Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $500.00 ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.5.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor 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, and workers’ compensation insurance.

3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.9 Labor.

3.9.1 Prevailing Wages. Contractor 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. Since the Work is 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

3.10 Performance of Work; Jobsite Obligations.

3.10.1 Water Quality Management and Compliance.

3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.10.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws and Regulations. Contractor 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 Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.10.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.12 Claims; Government Code Claim Compliance.

3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.12.4.3 Chronology of events and correspondence

3.12.4.4 Analysis of claim merit

3.12.4.5 Analysis of claim cost, including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.

The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.12.10 Government Code Claim Procedures.

3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.

3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.14 Indemnification.

3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.15 Insurance.

3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.

Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor 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. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.

3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.

3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to 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, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.16 Bond Requirements.

3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.18 Employee/Labor Certifications.

3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.20 General Provisions.

3.20.1 City’s Representative. The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.20.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.20.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.20.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.20.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

INTEGRATED DEMOLITION AND REMEDIATION
421 E. CERRITOS AVENUE
ANAHEIM, CA 92805
ATTN: JAY GANDHI
CITY:

CITY OF STANTON
7800 KATELLA AVENUE
STANTON, CA 90680
ATTN: CESAR RANGEL, PUBLIC WORKS DIRECTOR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.20.6 Time of Essence. Time is of the essence in the performance of this Contract.

3.20.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.20.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.20.10 Attorneys’ 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 attorneys’ fees and all other costs of such action.

3.20.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.20.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.20.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.20.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.20.15 Certification of License.

3.20.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.20.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.20.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.20.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.20.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.20.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page]

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF STANTON
AND INTEGRATED DEMOLITION AND REMEDIATION, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF STANTON
Approved:

By:

Hannah Shin-Heydorn
City Manager
ATTESTED:

By: _______________________________
Patricia Vazquez
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

INTEGRATED DEMOLITION AND
REMEDIATION, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
[***INSERT PROJECT NAME***] -26-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT A
EXHIBIT “A”

SERVICES / SCHEDULE
421 E CERRITOS AVE, ANAHEIM, CA 92805
PHONE: 714-340-3333 • FAX:714-709-4729
CSLB LICENSE #1003504
DIR # 1000023608

Via email: [email protected]
Date: November 20th ,2024
Han Sol Yoo, Civil Engineer
City of Stanton Proposal#IDR2024-301

Project Name: City of Stanton Pacific Ave - Building Demolition Integrated Demolition and Remediation (“IDR”) respectfully submits the following scope and pricing on the above referenced project for your consideration.

Scope of work includes Scope as listed on Demolition Plans & Specs Demolition
-Demolish 1 Story Building including slab
-Demo wooden structure Garage
-Temporary fencing for demolition scope of work
-IDR will pull the demo permit at zero cost
$ 59,800.00
Asbestos & Lead Abatement Allowance $ 20,000.00
Contract Conditions and Assumptions: This proposal or listed clarifications, conditions and exclusions in this proposal will be included as part of any mutually agreed upon contract ● The proposal is based on Prevailing wages
● This proposal excludes Grading, Hydro seeding, Erosion Control, and SWPPP ● All utility safe-offs by others
Exclusions
Bond, site security, weather protection, liquidated damages, unforeseen conditions, salvage for others, shoring, relocation, bracing, engineering, staking, layout, lagging, underpinning, dewatering, pedestrian barricades, protective covers, off-site work, standby time due to owner/contractor delays, handling asphalt with Petromat fabric or concrete plastic below asphalt, utility rerouting or reconnection, permits, termination of utility accounts; specialty insurance items not listed in this proposal.
421 E CERRITOS AVE, ANAHEIM, CA 92805
PHONE: 714-340-3333 • FAX:714-709-4729
THIS PROPOSAL IS VALID FOR THIRTY (30) DAYS.

Upon commencement of work, this proposal shall become a binding contract between both parties unless or until superseded by a formal, mutually agreed upon contract, at which time this proposal shall become a part of the new contract document.

Please feel free to contact me with any comments or questions on my cell phone 714-483-1534 or email at [email protected].

Regards,
Jay Gandhi
Senior Estimator
[***INSERT PROJECT NAME***] -27-

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EXHIBIT B
EXHIBIT “B”

PLANS AND SPECIFICATIONS

CONTRACTOR SHALL OBTAIN A DEMOLITION PERMIT FOR THIS PROJECT [***INSERT PROJECT NAME***] -28-

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EXHIBIT C
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “E” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. [***INSERT PROJECT NAME***] -29-

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EXHIBIT D
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

INTEGRATED DEMOLITION AND REMEDIATION, INC.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
[***INSERT PROJECT NAME***] -30-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
EXHIBIT “E”

PAYMENT AND PERFORMANCE BONDS
[***INSERT PROJECT NAME***] -31-

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EXHIBIT E

PERFORMANCE BOND
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”).

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, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

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 shall promptly, at the City’s option:
[***INSERT PROJECT NAME***] -32-

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EXHIBIT E
(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
[***INSERT PROJECT NAME***] -33-

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EXHIBIT E
(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.
[***INSERT PROJECT NAME***] -34-

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EXHIBIT E
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
[***INSERT PROJECT NAME***] -35-

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EXHIBIT E

PAYMENT BOND
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 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 [***INSERT PROJECT NAME***] -36-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
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.
[***INSERT PROJECT NAME***] -37-

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EXHIBIT E
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
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 10, 2024
SUBJECT: APPROVE COOPERATIVE AGREEMENT BETWEEN THE CITY OF

STANTON AND THE COUNTY OF ORANGE FOR FUNDING, DESIGN,

CONSTRUCTION, AND MAINTENANCE OF GILBERT STREET AND
HARRIET LANE CULVERT; AND A GRANT DEED FROM THE COUNTY

OF ORANGE FOR A DRAINAGE EASEMENT ASSIGNMENT LOCATED
AT HARRIET LANE CULVERT; AND A GRANT DEED TO THE COUNTY

OF ORANGE FOR A ROAD EASEMENT ASSIGNMENT LOCATED AT

GILBERT STREET
REPORT IN BRIEF:

The City of Stanton (“City”) and the County of Orange (“County”) are proposing to exchange real property easement rights for drainage and municipal purposes and for street improvement purposes. The exchange involves a Cooperative Agreement between the City and the County, a drainage easement assignment deed from the County, and a transfer of a road easement assignment deed to the County.

RECOMMENDED ACTION:

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

2. Approve the Cooperative Agreement between the City and the County for funding, design, construction, and maintenance of Gilbert Street and Harriet Lane culvert; and

3. Accept a drainage easement assignment deed for drainage and municipal purposes from the County; and

4. Accept a transfer of a road easement assignment deed for street improvement purposes to the County; and

5. Authorize the City Manager to execute the Cooperative Agreement; and Item: 9M
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2 6. Authorize the Mayor and City Clerk to sign the Certificate of Acceptance for the drainage easement assignment deed; and

7. Authorize the City Clerk to submit the drainage easement assignment deed to the Orange County Clerk-Recorder for recordation.

BACKGROUND:

Over the past year the City received notifications concerning the Harriet Lane culvert and the need to restore it. After conducting a field visit, the City reached out to the County and expressed that the culvert was failing and that reconstruction was imminent. During this time, the County also notified the City about a project to reconstruct the roadway portion of Gilbert Street to comply with ADA requirements at the railroad crossing. This assignment would require the City to review, approve, provide permitting, and maintain the new improvements after construction. After careful review it was proposed that both parties agree to exchange the real property easement rights.

Both the City and the County are proposing and consent to the real property easement rights exchange including specifying respective roles and responsibilities for specific aspects, phases, and funding obligations of the Roadway Portion and the Drainage Portion.

ANALYSIS/JUSTIFICATION:

A cooperative agreement was prepared to require obligations from the County to restore the Harriet Lane culvert. The roadway portion would be transferred from the City to the County to be responsible for all construction and maintenance including insurance requirements, performing inspections, conducting operations, and routine maintenance of all roadway portion amenities and features. In exchange, the drainage easement would be transferred from the County to the City with all responsibilities in-kind.

The Planning Commission reviewed this item on December 4, 2024 and adopted Resolution No. 2572 finding that the cooperative agreement to transfer a portion of roadway from the City of Stanton to the County of Orange and a drainage easement from the County of Orange to the City of Stanton is consistent with the City’s General Plan.

The proposed agreement will ensure that each responsible agency has full access and control for maintenance of roadways and culverts. This complies with the goals and strategies listed above because it allows for preservation, promotes attractive infrastructure and protects against potential flood hazards. 3 FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

This action is categorically exempt under the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect changes in the environment.

LEGAL REVIEW:

The staff report, grant deed easement, and certificate of acceptance have been reviewed by the City Attorney.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 5: Provide a high quality of life.

Prepared by: Elias Garcia, P.E., T.E., Assistant City Engineer Reviewed by: Cesar Rangel P.E., Public Works Director/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. Cooperative Agreement
B. Drainage Easement Assignment Deed
C. Road Easement Assignment Deed
D. Planning Commission Adopted Resolution No. 2572

COOPERATIVE AGREEMENT

FOR FUNDING, DESIGN, CONSTRUCTION,

AND MAINTENANCE OF

GILBERT STREET AND HARRIET LANE CULVERT
This Cooperative Agreement for Funding, Design, Construction, and Maintenance of Gilbert Street and Harriet Lane Culvert (“Agreement”) is made and entered into this ______ day of ____________, 2024 (“Effective Date”), by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY”, and the CITY OF STANTON, a municipal corporation in the State of California, hereinafter referred to as “CITY”. The County and City shall sometimes be referred to separately as “Party” or collectively as “Parties”.

RECITALS
A. The County of Orange is completing the Gilbert Street Improvements at Railroad Crossing (Phase II) Project (“Gilbert Street Project”) along that segment of Gilbert Street between Pacific Avenue and Pacific Place within the CITY’s limits. The Gilbert Street Project entails the installation of new traffic signals, new Americans with Disabilities Act (ADA) compliant curb ramps, and sidewalk to improve traffic flow and pedestrian path of travel.

B. In order to complete the Gilbert Street Project, COUNTY requires that portion of Gilbert Street within the incorporated CITY’s boundary for purposes of consolidating the right-of-way and for the continued maintenance thereof, which is herein referred to as the “Roadway Portion,” and depicted on Exhibit A – Location Map, attached hereto and incorporated herein by this reference.

C. To assist the COUNTY, CITY has agreed to convey the Roadway Portion to the County by way of Road Easement Assignment Deed.

D. COUNTY proposes to convey to CITY that drainage easement which runs from Harriet Lane to Hollenbeck Park across an alley between 8671 Harriet Lane and 8676 Harriet Lane properties in the incorporated area of the City, herein referred to as the “Drainage Portion,” which is depicted on Exhibit A – Location Map.

E. The Parties agree to the real property easement rights exchange and wish to specify their respective roles and responsibilities for specific aspects, phases, and funding obligations of the Roadway Portion and the Drainage Portion, so thus enter into this Agreement set forth.

Attachment: A
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AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals (which recitals are incorporated into this Agreement by this reference), the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

1. Roadway Portion

1.1 Parties agree that the Roadway Portion shall be transferred from the City to the County.

1.2 CITY shall transfer the rights of the Roadway Portion by way of the Road Easement Assignment Deed (attached as Exhibit B and incorporated herein by this reference) to the COUNTY. COUNTY shall accept the signed Road Easement Assignment Deed from City.

1.3 At the time of COUNTY’s acceptance of the Road Easement Assignment Deed and prior to any construction on the Roadway Portion, The Orange County Board of Supervisors (“Board”) shall file a resolution in accordance with Streets & Highways Code Section 1700 to establish the Roadway Portion as a County Highway within the CITY. The resolution shall be in substantially the same form as that resolution attached as Exhibit C.

1.4 Once the Board has approved the resolution, the COUNTY shall forward the resolution to the CITY and the CITY’s governing body shall consent to the establishment of the County Highway within the CITY as required by Streets & Highways Code Section 1701.

1.5 After the COUNTY acceptance of the Road Easement Assignment Deed and the CITY’s consent and acceptance of the resolution from 1.3 above, the COUNTY shall be responsible for all construction and maintenance of the Roadway Portion including but not limited to maintaining insurance requirements, performing inspections, conducting operations, and routine maintenance of all Roadway Portion amenities and features.

1.6 CITY shall not be financially responsible for any COUNTY construction, operation, or maintenance of the Roadway Portion.

2. Drainage Portion

2.1 Design Phase Obligations.

2.1.1 COUNTY is responsible for 100% of design funding obligations for Drainage Portion.

2.1.2 COUNTY shall prepare the rehabilitation design plans (“Design Plans’) for the Drainage Portion. The Design Plans shall specify the listed rehabilitation features and of the Drainage Portion including, but not limited to, concrete panel removal, new fencing and maintenance gate installation, and new sidewalk culvert railing installation.

2.1.3 COUNTY shall provide CITY with design plans for review, comment, and approval.

Within thirty (30) days of receipt from COUNTY, CITY’S governing body shall approve the Design Plans. If CITY has any issues with the Design Plans, they shall inform the COUNTY within fifteen (15) days of receipt of Design Plans. Parties agree to work collaboratively to address any issues in the Design Plans and to come to a consensus or solution. If the Parties are unable to agree to a solution, then neither party will be required to fulfill any of the obligations of Section 2 of this Agreement. If CITY does not respond within the thirty (30) days of receipt of the Design Plans from the County, then the COUNTY shall deem the plans approved and will move ahead with the Construction Phase.

2.2 Construction Phase Obligations

2.2.1 COUNTY shall be responsible for 100% of the costs associated with the Construction Phase of the Drainage Portion, including for any change orders as listed in section

2.2.3.2 below.

2.2.2 COUNTY will be responsible for the construction and rehabilitation as outlined in the approved Design Plans.

2.2.3 COUNTY shall perform all construction inspection for the Drainage Portion.

However, CITY shall have access to the Drainage Portion during the Construction Phase for the purposes of inspection. If, due to their inspection, CITY believes the construction and rehabilitation of the Drainage Portion is not within the approved Design Plans, CITY shall immediately inform COUNTY within two (2) business days; specifically describing the needed corrections or adjustments to conform to the approved Design Plans.

2.2.3.1 In the event that the CITY wants the COUNTY to perform remedial work (for the purposes of this Agreement, remedial work is defined as work outside the scope of the approved Design Plans), CITY must inform the COUNTY in writing within two (2) business days specifically describing the remedial work to be performed.

2.2.3.1.1 Notwithstanding Section 2.2.1 above, CITY shall be financially responsible for 100% of the costs of any remedial work requested by the CITY.

2.2.3.1.2 Once CITY informs COUNTY of requested remedial work, COUNTY shall work with their contractors to get an estimate for the remedial work to be completed.

COUNTY shall share the estimate with CITY. Upon review, CITY may approve the remedial work to be done.

2.2.3.2 COUNTY shall process any change orders that are necessary for construction of the Drainage Portion as per approved Design Plans. COUNTY shall approve change orders related to the Drainage Portion within two (2) business days of receipt of change order from COUNTY.

2.3 Project Acceptance.

2.3.1 At the conclusion of the construction and rehabilitation of the Drainage Portion, COUNTY shall furnish the CITY with one set of record drawings of the Drainage Portion and a copy of the Notice of Completion (“NOC”).

2.3.2 CITY engineer shall review the record drawings and NOC shall be approved by the City’s governing body.

2.3.3 After review, CITY engineer shall provide written approval via an acceptance memo to COUNTY. CITY engineer’s written approval shall only be withheld for work not completed in accordance with the construction contract documents for the Drainage Portion (including, but not limited to, the approved Design Plans).

2.4 Drainage Easement Transfer

2.4.1 After CITY provides written approval to the COUNTY per Section 2.3.3 above, COUNTY will provide CITY with the following:

2.4.1.1 Preliminary Reports for 8671 Harriet Lane (APN 126-384-22) and 8676 Harriet Lane (APN 126-372-01); and

2.4.1.2 Drainage Easement Assignment Deed, which is attached as Exhibit D and incorporated herein by this reference.

2.4.2 The CITY shall process, accept, and record said Drainage Easement Assignment Deed withing thirty (30) days of receipt from COUNTY. CITY will provide COUNTY with a conformed copy.

2.4.3 From the recordation date of the Drainage Easement Assignment Deed, CITY shall be responsible for the operation and maintenance of the Drainage Portion, including but not limited to maintaining insurance requirements, performing inspections, conducting operations, and routine maintenance of all Drainage Portion amenities and features.

After the Drainage Easement transfer, the COUNTY shall not have any maintenance, operation, or financial responsibility of the Drainage Portion.

3. Miscellaneous Obligations

3.1 Term of Agreement. The term of this Agreement is for five (5) years, or until Sections 1 and 2 are fulfilled, whichever occurs first, commencing upon the Effective Date, with the option to renew for two (2) additional years.

3.2 Insurance. County shall require its contractor to identify the CITY as an additional insured with insurance coverage satisfactory to the Parties.

3.3 Indemnification & Hold Harmless.

3.3.1 CITY agrees to indemnify, defend, with counsel approved by COUNTY in writing, save and hold COUNTY and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, of every type and description arising out of any act or omission of CITY, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement.

3.3.2 COUNTY agrees to indemnify, defend, with counsel approved by CITY in writing, save and hold CITY and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, of every type and description arising out of any act or omission of COUNTY, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement.

COUNTY shall require its contractor to indemnify the CITY to the same extent contractor is required to indemnify COUNTY for any work associated with this Agreement.

3.4 Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party’s interest in this Agreement shall be made without the written consent of the other Party.

3.5 Entirety & Amendments. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; and no oral understanding or agreement not incorporated herein shall be binding on either of the Parties.

3.6 Severability. If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

3.7 Notices. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows:

To COUNTY COUNTY OF ORANGE
OC Public Works
County Administration South
601 N. Ross Street, 3rd Floor.

Santa Ana, CA 92701
Attn: Russell Osorio
Email: [email protected]
To CITY CITY OF STANTON
Public Works
7800 Katella Avenue
Stanton, CA 90680
Attn: Director/City Engineer
All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above.

Notwithstanding the foregoing, the Parties may also provide notices by facsimile transmittal or electronic transmittal communication (email), and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business hours, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given.

3.8 Governing Law Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.

3.9 Litigation Fees. Should litigation arise out of this Agreement, each Party shall bear its own litigation and collection expenses, witness fees, court costs, and attorneys’ fees.

3.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

3.11 Termination. In the event COUNTY or CITY defaults in the performance of any of their obligations under this Agreement or materially breaches any of the provisions of this Agreement, CITY and COUNTY shall have the option to terminate this Agreement upon thirty (30) days prior written notice to the other Party. In the event CITY or COUNTY cures such default within such thirty (30) day period, CITY and COUNTY’s election to terminate shall be deemed revoked and of no further force and effect as to that particular default.

3.12 Consent to Breach not Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

4. Exhibits. The following Exhibits are attached to this Agreement and incorporated herein by this reference.

Exhibit A – Location Map
Exhibit B – Road Easement Assignment Deed
Exhibit C – County Resolution per Streets & Highways Code §1700 Exhibit D – Drainage Easement Assignment Deed
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[Signatures Follow]
IN WITNESS WHEREOF, the Parties have executed this Agreement the date first written above.

ATTEST:
________________________________
Patricia Vazquez, City Clerk
CITY
CITY OF STANTON, a municipal
corporation
By: _______________________________
Hannah Shin-Heydorn, City Manager
APPROVED AS TO FORM:

By: _______________________________
HongDao Nguyen, City Attorney

SIGNED AND CERTIFIED THAT A COPY OF

THIS DOCUMENT HAS BEEN DELIVERED

TO THE CHAIRMAN OF THE BOARD PER
G.C. Sec 25103, Reso 79-1535
ATTEST:
_____________________________________
Robin Stieler
Clerk of the Board of Supervisors
County of Orange, California
Approved as to Form
Office of the County Counsel
Orange County, California
By: _______________________________
Deputy County Counsel
Date: _______________________________
COUNTY
COUNTY OF ORANGE, a political
subdivision of the State of California
By_________________________________
Chairman of the Board of Supervisors
County of Orange, California

EXHIBIT A
Location Map
[See Attached]

EXHIBIT B
Road Easement Assignment Deed

EXHIBIT C
County Resolution per Streets & Highways Code § 1700

EXHIBIT D
Drainage Easement Assignment Deed

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Stanton
Public Works
7800 Katella Avenue
Stanton, CA 90680
Attn: Director/City Engineer

THIS IS TO CERTIFY THAT THIS DOCUMENT IS
EXEMPT FROM RECORDING FEES PER GOVT. CODE
SECTION 27383 AND IS EXEMPT FROM PAYMENT OF

DOCUMENTARY TRANSFER TAX PER REVENUE
AND TAXATION CODE SECTION 11922
______________________________________________________________________________ SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY Project Location: Incorporated area of City of Stanton
Project Name: Drainage Facility Assignment
Facility Name: County Drainage Easements
Facility/Parcel No.: Z99500-269

DRAINAGE EASEMENT ASSIGNMENT DEED
FOR VALUABLE CONSIDERATION, the COUNTY OF ORANGE, a political subdivision of the State of California (“County”), does hereby assign to the CITY OF STANTON, a municipal corporation in the State of California ("City") all of its right, title and interest in that certain Easement Deed for drainage purposes which was recorded on May 29, 1957 in Book 3925 in page 506 in the Official Records of Orange County, California (“Assignment”), a copy of which is attached hereto and made a part hereof as Exhibit A and said easement rights depicted on Exhibit B.
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[Signature Page Follows]
Attachment: B
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IN WITNESS WHEREOF, County has executed this Assignment as of the date hereinafter written.

Grantor
COUNTY OF ORANGE, a political subdivision of
the State of California
Date: ____________________ By: ______________________________ Chairman of the Board of Supervisors
County of Orange, California

SIGNED AND CERTIFIED THAT A COPY

OF THIS DOCUMENT HAS BEEN DELIVERED

TO THE CHAIRMAN OF THE BOARD
PER G.C. Sec 25103, Reso 79-1535
ATTEST:
_____________________________________
Robin Stieler
Clerk of the Board of Supervisors
County of Orange, California
Approved as to Form
Office of the County Counsel
Orange County, California
By: _______________________________
Deputy County Counsel
Date: _______________________________

CERTIFICATE OF ACCEPTANCE
This is to certify that the easement interest in the real property conveyed by the Drainage Easement Assignment Deed dated ________________, 2024 from County of Orange, a political subdivision of the State of California, to the City of Stanton, a municipal corporation, is hereby accepted by order of the City Council of the City of Stanton on ______________, 2024, and the City consents to the recordation thereof by its duly authorized officer.

Date: _______________________, 2024
By: _____________________________
City Manager of the City of Stanton
Exhibit A
Conformed Copy of the Drainage Easement Document
[See attached]

drainage
Drainage Easement Assignment from County to City
Facility/Parcel No.:

Exhibit B
Depiction of Drainage Easement Assignment
[See attached]
CITY OF STANTON OUNTY ORANGE CALIFORNIA OF OC PUBLIC WORKS OC SURVEY RIGHT-OF-WAY SERVICES PROJECT: PREPARED BY: STORM DRAIN - ESMT. RIGHTS EXCHANGE MAL SCALE: 1" = 60' ROW ID No. 2024-017 EXHIBIT MAP Road Easement Assignment from City to County
Facility/Parcel No. Z58-254
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
Project Location: Unincorporated area of City of Stanton Facility Name: Gilbert Street
Facility/Parcel No.: Z58-254

ROAD EASEMENT ASSIGNMENT DEED
(Gilbert Street Improvement at Railroad Crossing (Phase II) Project) FOR VALUABLE CONSIDERATION, the CITY OF STANTON, a municipal corporation in the State of California (“City”), does hereby assign to the COUNTY OF ORANGE, a political subdivision of the State of California all of its right, title and interest in that certain Road Easement for public road and highway purposes which was recorded on April 16, 1969 in Book 8929 in page 408 in the Official Records of Orange County, California (“Assignment”), a copy of which is attached hereto and made a part hereof as Exhibit A and said easement rights depicted on Exhibit B.
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[Signature Page Follows]

RECORDING REQUESTED BY AND
RECORDED MAIL TO:

County of Orange
c/o CEO Real Estate
Attention: Infrastructure Section
400 W. Civic Center Drive, 5th Floor
Santa Ana, CA 92701

THIS IS TO CERTIFY THAT THIS DOCUMENT IS
EXEMPT FROM RECORDING FEES PER GOVT. CODE
SECTION 27383 AND IS EXEMPT FROM PAYMENT OF

DOCUMENTARY TRANSFER TAX PER REVENUE AND
TAXATION CODE SECTION 11922
Attachment: C
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Road Easement Assignment from City to County
Facility/Parcel No. Z58-254
IN WITNESS WHEREOF, City has executed this Assignment as of the date hereinafter written.

Date: ____________________
ATTEST:
________________________________
Patricia Vazquez, City Clerk
CITY OF STANTON, a municipal
corporation
By: _______________________________
Hannah Shin-Heydorn, City Manager
APPROVED AS TO FORM:

By: _______________________________
HongDao Nguyen, City Attorney
Road Easement Assignment from City to County
Facility/Parcel No. Z58-254

ACKNOWLEDGMENT
State of California
County of Orange
On __________________, 2024, before me, ______________________________________, Notary Public, personally (insert name/title of officer) 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
_____________________________
(Seal)
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.

Road Easement Assignment from City to County
Facility/Parcel No. Z58-254

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within Road Easement Assignment Deed to theCOUNTY OF ORANGE, a political subdivision of the State of California, is hereby accepted by order of the Board of Supervisors of the County of Orange, California, and the COUNTY OF ORANGE consentsto the recordation thereof by its undersigned duly authorized officer and to the transfer of title to the property to the COUNTY OF ORANGE.

SIGNED AND CERTIFIED THAT A COPY OF

THIS DOCUMENT HAS BEEN DELIVERED

TO THE CHAIRMAN OF THE BOARD PER
G.C. Sec 25103, Reso 79-1535
ATTEST:
_____________________________________
Robin Stieler
Clerk of the Board of Supervisors
County of Orange, California
Approved as to Form
Office of the County Counsel
Orange County, California
By: _______________________________
Deputy County Counsel
Date: _______________________________
COUNTY OF ORANGE, a political
subdivision of the State of California
By_________________________________
Chairman of the Board of Supervisors
County of Orange, California
Exhibit A
Conformed Copy of the Road Easement Document
[See attached]

Exhibit B
Depiction of Road Easement Assignment
[See attached]

Resolution No. 2572
December 4, 2024
Page No. 1
RESOLUTION NO. 2572

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

STANTON, CALIFORNIA ADOPTING A FINDING THAT THE COOPERATIVE

AGREEMENT AND PROPOSED TRANSFER OF A PORTION OF ROADWAY

FROM THE CITY OF STANTON TO THE COUNTY OF ORANGE AND THE

PROPOSED TRANSFER OF A DRAINAGE EASEMENT FROM THE COUNTY

OF ORANGE TO THE CITY OF STANTON ARE CONSISTENT WITH THE CITY’S GENERAL PLAN
WHEREAS, the City of Stanton General Plan (“General Plan”) was adopted on September 23, 2008; and
WHEREAS, City of Stanton (“City”) notified the County of Orange that the Harriet Lane culvert was failing and that reconstruction was imminent; and WHEREAS, The County of Orange (“County”) notified the City about a project to reconstruct the roadway portion of Gilbert Street to comply with ADA requirements at the rail road crossing; and
WHEREAS, both the City and County are proposing and consent to the real property easement rights exchange including specifying respective roles and responsibilities for specific aspects, phases, and funding obligations of the Roadway Portion and Drainage Portion; and
WHEREAS, the City of Stanton has prepared a cooperative agreement (“Agreement”) to require obligations from the County to restore the Harriet Lane culvert and transfer a portion of roadway from the City of Stanton to the County of Orange and a drainage easement from the County of Orange to the City of Stanton; and
WHEREAS, pursuant to Section 65401 of the State of California Government Code the Planning Commission is required to review and determine conformity with the adopted General Plan; and
WHEREAS, on November 27, 2024, the Planning Commission agenda was made available through the agenda posting process.

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF STANTON DOES HEREBY FIND, RESOLVE, AND DECLARE AS FOLLOWS:

SECTION 1. That on December 4, 2024, the Planning Commission reviewed said request and considered all factors relating to the General Plan consistency of the cooperative agreement.

SECTION 2. That the project is categorically exempt under the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect changes in the environment.

SECTION 3. That the cooperative agreement and proposed transfer of land from the County Attachment: D
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Resolution No. 2572
December 4, 2024
Page No. 2
to the City and from City to the County are consistent with the City of Stanton’s adopted General Plan because the Agreement contained therein is consistent with the following General Plan goals and policies:

Goal CD 1.2 Promote an attractive streetscape and public right-of-way, especially along major primary and secondary corridors, that is consistent with the desired vision and image of Stanton.

Goal ICS-2.1 Provide adequate linear infrastructure to serve new and existing development within the City of Stanton.

Strategy ICS-2.1.1 Ensure sufficient funding for the maintenance of existing linear facilities and the construction of new linear facilities as needed.

Strategy ICS-2.1.2 Provide for the improvement of facilities and delivery where existing systems are deficient.

Goal ICS-3.1 Reduce the environmental impacts of the city’s infrastructure systems, promoting sustainable continuation of services to Stanton residents.

Strategy ICS-3.1.3 Encourage the protection of natural drainage methods.

Goal CHS-2.1 Protect Stanton residents from potential flood hazards, including dam inundation.

Strategy CHS-2.1.1 Ensure that facilities and programs are maintained and operable to prevent flood damage.

SECTION 4: That the Secretary shall certify the adoption of this Resolution.

ADOPTED, SIGNED, AND APPROVED by the Planning Commission of the City of Stanton at a meeting held on December 4, 2024, by the following vote, to wit:

AYES: COMMISSIONERS: Ash, Tran, Frazier
NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS: Adams
ABSTAIN: COMMISSIONERS:

Original signed by Thomas Frazier
Thomas Frazier, Vice-Chairperson
Stanton Planning Commission
Original signed by Crystal Landavazo
Crystal Landavazo
Planning Commission Secretary
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 10, 2024
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE STANTON COMMUNITY CENTER IMPROVEMENT PROJECT – BACKUP
GENERATOR (TASK CODE NO. 2023-603) AND APPROPRIATION OF FUNDS
REPORT IN BRIEF:

On November 26, 2024, the City received one bid for the Stanton Community Center Improvement Project – Backup Generator. Based on the post-bid analysis of the bid received, staff has determined the bid submitted by Leddy Power Systems, Inc. to be the lowest responsible and responsive bid at $338,608. At this time, staff is requesting the appropriation of funds to complete construction of the project and recommending awarding the construction contract to Leddy Power Systems, Inc.

RECOMMENDED ACTIONS:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(a) as operation, repair, and minor interior or exterior alterations of existing public facilities; and

2. Award a construction contract for the Stanton Community Center Improvement Project – Backup Generator to Leddy Power Systems, Inc. for the bid amount of $338,608; and

3. Authorize the City Manager to bind the City of Stanton and Leddy Power Systems, Inc. in a contract for the construction; and

4. Authorize the City Manager to approve contract change orders, not to exceed $16,930; and

5. Appropriate a total of $282,430 from the Public Benefit Fees Fund (104) to increase the Stanton Community Center Improvement Project (Task Code No. 2023-603) Fiscal Year 2024-2025 budget from $350,325 to $632,755.

Item: 9N
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2 BACKGROUND:

On January 10, 2023, the City Council approved the City’s participation in the Community Development Block Grant – Cares Program and appropriated $500,000 for the Stanton Community Center Improvement Project (Project). The Project consists of improving the HVAC system and installing a permanent backup generator.

On July 23, 2024, the City Council approved the bid specifications and plans for the Stanton Community Center Improvement Project – Backup Generator and authorized staff to advertise for bids.

The project scope includes preparing the site, construction of the foundation, and installation of all necessary equipment, purtenances, and the generator for a fully operational and functioning system.

The first bid opening for this project occurred on September 9, 2024. All bids were rejected on October 8, 2024 due to non-responsiveness.

ANALYSIS/JUSTIFICATION:

Bid opening for this Project was on November 26, 2024. One (1) bid was received and opened as follows:

Rank Company Bid
1 Leddy Power Systems, Inc. $ 338,608
Leddy Power Systems, Inc. submitted the lowest responsible bid in the amount of $338,608, which is approximately 81% over the Engineer’s estimate of $187,000. Staff has reviewed the submitted documents and found that Leddy Power Systems, Inc. has submitted the lowest bid and is compliant with the contract documents.

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 2023-2024 Capital Improvement Budget included $500,000 for the Stanton Community Center Improvements (Task Code 2023-603), funded solely from a Community Development Block Grant from the County of Orange. The project budget is allocated between two (2) projects, the installation of the new back-up generator and installation of new HVAC units. The City spent $149,675 of the original budget during Fiscal Year 2023-2024. As a result, the Fiscal Year 2024-2025 Capital Improvement Budget is $350,325, of which $90,038 if available.
3 The following table presents an estimate of the remaining costs to complete the installation of the generator:

Staff is requesting an appropriation of $282,430 from the Public Benefit Fees Fund (104) to complete this project ($372,468 less $90,038). If approved, the Public Benefits Fees Fund will have approximately $561,966 available for appropriation. However, $540,176 of this amount is restricted by developer agreement for the Livable Beach Boulevard initiative.

ENVIRONMENTAL IMPACT:

The project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(a) as operation, repair, and minor interior or exterior alterations of existing public facilities.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a quality infrastructure.

Prepared by: Elias Garcia, P.E., T.E., Assistant City 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. Stanton Community Center Improvement Project – Backup Generator Project Contract
B. Leddy Power Systems, Inc. Bid
Description Amount
Contractor Agreement (with contingency) $ 355,538
Staff time $ 16,930
Total Estimated Costs $ 372,468
CA-1

CITY OF STANTON

CONTRACT AGREEMENT

STANTON COMMUNITY CENTER IMPROVEMENTS PROJECT
– BACKUP GENERATOR
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 LEDDY POWER SYSTEMS, 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 Three Hundred Thirty Eight Thousand Six Hundred and Eight Dollars ($338,608.00). 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 County of Orange and the City (Contract # 012-23010767-CV) (the “Funding Agreement”), funded by the CARES act through the U.S. Department of Housing & Urban Development, attached hereto as Exhibit “X” and incorporated herein by reference, including, without limitation the Federal Procurement Regulations set forth in 2 C.F.R. 200.316 through 2 C.F.R. 200.328.

CA-3
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-4
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

STANTON COMMUNITY CENTER IMPROVEMENTSS
PROJECT – BACKUP GENERATOR
CA-5

CITY OF STANTON

FAITHFUL PERFORMANCE BOND
STANTON COMMUNITY CENTER IMPROVEMENTS PROJECT – BACKUP GENERATOR 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”).

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, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

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

STANTON COMMUNITY CENTER IMPROVEMENTSS
PROJECT – BACKUP GENERATOR
CA-6
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

STANTON COMMUNITY CENTER IMPROVEMENTSS
PROJECT – BACKUP GENERATOR
CA-7
(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.

STANTON COMMUNITY CENTER IMPROVEMENTSS
PROJECT – BACKUP GENERATOR
CA-8
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

STANTON COMMUNITY CENTER IMPROVEMENTSS
PROJECT – BACKUP GENERATOR
CA-9

CITY OF STANTON

PAYMENT BOND
STANTON COMMUNITY CENTER IMPROVEMENTS PROJECT – BACKUP GENERATOR 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

STANTON COMMUNITY CENTER IMPROVEMENTSS
PROJECT – BACKUP GENERATOR
CA-10
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.

STANTON COMMUNITY CENTER IMPROVEMENTSS
PROJECT – BACKUP GENERATOR
CA-11
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

STANTON COMMUNITY CENTER IMPROVEMENTSS
PROJECT – BACKUP GENERATOR
CA-12

CITY OF STANTON

COMPENSATION INSURANCE CERTIFICATE
STANTON COMMUNITY CENTER IMPROVEMENTS PROJECT – BACKUP GENERATOR 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:

STANTON COMMUNITY CENTER IMPROVEMENTSS
PROJECT – BACKUP GENERATOR
CA-13
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

BID FORMS

BID ACKNOWLEDGEMENT
NAME OF BIDDER: __ l-_aY_&
-+--�-vW'if __ <;"
ti-0-.s-fc_,...,_s -'-i _(_,,_1e_. _
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:

STANTON COMMUNITY CENTER IMPROVEMENTS PROJECT- BACKUP GENERATOR 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 October 22, 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.

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 THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 10, 2024
SUBJECT: ORDINANCE NO. 1150 AMENDING TITLE 20.400.330 REGARDING

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE

LAW AND FINDING THE ACTION TO BE STATUTORILY EXEMPT
FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC

RESOURCES CODE
REPORT IN BRIEF:

The City Council is asked to hold a public hearing before considering adoption of Ordinance No. 1150 which proposes to amend Section 20.400.330 of the Stanton Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”).

RECOMMENDED ACTION:

1. City Council conduct the second reading, waive the full reading, and open the public hearing for Ordinance No. 1150, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING SECTION 20.400.330 OF THE CITY OF STANTON

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION

TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17”; and

2. Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17; and

3. Adopt Ordinance No. 1150 amending Section 20.400.330 of the Stanton Municipal Code related to Accessory Dwelling Units in compliance with new legislation.

Item: 10A
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2 BACKGROUND:

The Planning Commission held a public hearing on November 6, 2024 to consider proposed Ordinance No. 1150 to amend Section 20.400.330 of the Stanton Municipal Code related to Accessory Dwelling Units and Junior Accessory Dwelling Units. The Planning Commission heard a presentation, deliberated, and voted unanimously to recommend approval of Ordinance No. 1150.

ANALYSIS/JUSTIFICATION:

The City Council was provided a presentation at their regular meeting of November 26, 2024 to outline the proposed amendments in Ordinance No. 1150, when the first reading of the Ordinance was held. The City Council is now asked to conduct the second reading and hold a public hearing before considering adoption of Ordinance No. 1150. A summary of the Ordinance is provided below for the City Council’s further reference.

In recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that impose limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law as summarized below.

AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).)
SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU. 3 SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, § 66314(d)(11).)
Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law.

SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.

Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4).) Next Steps and Recommendation
Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211.

Adopting the proposed ordinance (Attachment A) ensures that the City’s ADU ordinance will be valid under AB 2533 and SB 1211.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313.

Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
4 LEGAL REVIEW:

The City Attorney’s Office provided guidance and oversight in the preparation of the proposed Ordinance to ensure compliance with state law.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 5: Provide a high quality of life.

PUBLIC NOTIFICATION:

Notice of Public Hearing was published in the Orange County Register on November 15, 2024. The notice was also posted at three public locations and made public through the agenda-posting process.

Prepared by: Crystal Landavazo, Community and Economic Development Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Draft Ordinance No. 1150
B. Planning Commission Resolution No. 2570
ORDINANCE NO. 1150

ORDINANCE NO. 1150

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING SECTION 20.400.330 OF THE CITY OF STANTON MUNICIPAL CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and WHEREAS, on November 6, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 26, 2024, the City Council held a first reading and on December 10, 2024 held a duly-noticed public hearing and second reading to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

Attachment: A
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ORDINANCE NO. 1150

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

SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2: Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3: The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c). Based on all evidence in the record for the Ordinance and all other applicable information presented, the City Council finds that the proposed Ordinance is appropriate for the following reasons:

1. Consistency with City’s General Plan: The proposed Ordinance is consistent with the City’s General Plan, particularly Goal H-1.1, “Provide for a housing stock of sufficient quantity composed of a variety and range of types and costs.” Accessory Dwelling Unit and Junior Accessory Dwelling Units provide a unique type of housing that allow for increased housing stock in areas with low density where additional housing was previously not possible. The proposed amendment ensures that the City’s Ordinance remains updated with recent legislative changes so it can continue to offer this variety of housing types.

2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: The proposed Ordinance will maintain the current zoning framework to allow Accessory Dwelling Units and Junior Accessory Dwelling Units without introducing new uses or conditions that could pose risks.

The proposed Ordinance will ensure the City’s regulations are reflective of legislative changes and are appropriate to ensure compliance with state requirements.

3. Consistency with Zoning Code: The Amendments are internally consistent with other provisions of the City’s Zoning Code, as they continue to allow development of Accessory Dwelling Units and Junior Accessory Dwelling Units. This Ordinance will bring the City’s regulations into compliance with legislative changes related ADU and JADU development and is necessary to maintain compliance. The Ordinance does not introduce any new uses or standards that are incompatible with other provisions of the Zoning Code.

ORDINANCE NO. 1150

SECTION 4: Section 20.400.330 of the Stanton Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A-1,” attached hereto and incorporated herein by reference.

SECTION 5: This Ordinance takes effect 30 days after its adoption.

SECTION 6: In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 7: The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 8: The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 7800 Katella Avenue, Stanton, CA 90680.

SECTION 9: Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

PASSED, APPROVED, AND ADOPTED this 10th day of December, 2024.

DAVID J. SHAWVER, MAYOR
ATTEST:

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

HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1150

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1150 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 26th day of November, 2024 and was duly adopted at a regular meeting of the City Council held on the 10th day of December, 2024, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1150

EXHIBIT A-1
Amended ADU Regulations
SMC 20.400.330
(follows this page)
EXHIBIT A-1
Section 20.400.330 Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

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

1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

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

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

4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

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

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by section 18007 of the California Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. Refer to Section 20.700.70.

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

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

ORDINANCE NO. 1150
- 7 -

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family structure.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (C)(4) above.

6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

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

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

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

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

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

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

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

1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection (E) below, it is allowed with only a building permit in the following scenarios:

ORDINANCE NO. 1150
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a. Converted on Single-family Lot: One ADU as described in this subsection (D)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) above), if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) below.
c. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four ORDINANCE NO. 1150
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feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.
iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

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

The ADU-permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.

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

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d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

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

1. Zoning.
a. An ADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone. b. An ADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.
a. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories. e. For purposes of this subsection (E)(2), height is measured from the finished grade to the peak of the structure in compliance with Section 20.305.050.

3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

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b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System Prohibited. The ADU or JADU must connect to the sewer system, septic systems are prohibited for every ADU and JADU.

7. Owner Occupancy.
a. An ADU created under this section on or after January 1, 2020 is not subject to an owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (E)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the ORDINANCE NO. 1150
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claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

10. Building & Safety.
a. Must comply with building code. Subject to subsection (E)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

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

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1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

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

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

Residential Uses 25 - 45 du/ac 25 - 45 du/ac 30 - 60 du/ac Target Intensity Range Floor area ratio (FAR) for nonresidential uses Nonresidential Uses (1) 1.0 - 2.0 1.0 - 2.0 1.5 - 3.0

3. Setbacks.
a. ADUs that are subject to this subsection F must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection F must conform to 25-foot front setbacks, subject to subsection (F)(1)(c) above.
b. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

4. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed the maximums allowed in the below, subject to subsection (F)(1)(c) above.

Lot Coverage RE RL RM RH
Interior Lot 30% 40% 50% 65%
Corner Lot 35% 45% 50% 65%
ORDINANCE NO. 1150
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5. Impervious Surface Coverage. Maximum percentage of the total gross lot area that may be covered by structures and impervious surfaces shall not exceed 70 percent, subject to subsection (F)(1)(c) above.

6. Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.

7. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) above.
b. Exceptions. No parking under subsection (F)(7)(a) is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence (singlefamily converted ADUs, not multi-family converted) or an accessory structure under subsection (D)(1)(a) above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(7)(b)(i) through (F)(7)(b)(v) above. c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same architectural design and appearance as those of the primary dwelling.

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

9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

10. Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (E)(2)(d) of this section.

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

1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection (G)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (G)(2)(a), converted ADUs on a singlefamily lot that are created under subsection (D)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

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c. Except as described in subsection (G)(2)(a), all ADUs that are not covered by subsection (G)(2)(b) above require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

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

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

2. Unpermitted ADUs and JADUs constructed before 2020.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 20.400.330).
b. Exceptions:
i. Notwithstanding subsection (H)(2)(a) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. ii. Subsection (H)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

I. Restricted Areas. ADUs or JADUs shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an ADU may not be ORDINANCE NO. 1150
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located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority's Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless: (1) one onsite parking space is provided for each bedroom included in the ADU; and (2) replacement onsite parking spaces are provided for any parking spaces that are lost or converted to accommodate the ADU.
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RESOLUTION NO. 2570

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF STANTON, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING SECTION 20.400.330 OF THE STANTON

MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS IN THE CITY, AND FINDING THE ACTION TO BE

STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law;
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, on October 3, 2024, the City gave public notice that the Planning Commission would conduct a public hearing to consider Zoning Code Amendment ZCA 24-04 by posting the public notice at three public places including Stanton City Hall, the Post Office, and the Stanton Community Services Center, and publishing the notice in the Orange County Register on October 4, 2024, and the Planning Commission agenda was made available through the agenda posting process; and
WHEREAS, the item was originally scheduled for the Planning Commission meeting of October 16, 2024, but the meeting was cancelled due to a lack of quorum, so the item was rescheduled to the meeting of November 6, 2024; and Attachment: B
Click here to return to the agenda.

Resolution No. 2570
November 6, 2024
Pg. 2
WHEREAS, on November 6, 2024, the Planning Commission held a duly-noticed public hearing to consider the attached Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
STANTON DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

SECTION 1. Incorporation. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the Planning Commission.

SECTION 2. CEQA. The Planning Commission recommends that the City Council find that, under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3. Based on all the evidence in the record, the Planning Commission has determined that amending Section 20.400.330 of the SMC, is necessary and finds that the proposed Zoning Code Amendments are appropriate for the following reasons:

1. Consistency with City’s General Plan: The proposed Ordinance is consistent with the City’s General Plan, particularly Goal H-1.1, “Provide for a housing stock of sufficient quantity composed of a variety and range of types and costs.” Accessory Dwelling Unit and Junior Accessory Dwelling Units provide a unique type of housing that allow for increased housing stock in areas with low density where additional housing was previously not possible. The proposed amendment ensures that the City’s Ordinance remains updated with recent legislative changes so it can continue to offer this variety of housing types.

2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: The proposed Ordinance will maintain the current zoning framework to allow Accessory Dwelling Units and Junior Accessory Dwelling Units without introducing new uses or conditions that could pose risks.

The proposed Ordinance will ensure the City’s regulations are reflective of legislative changes and are appropriate to ensure compliance with state requirements.

3. Consistency with Zoning Code: The Amendments are internally consistent with other provisions of the City’s Zoning Code, as they continue to allow development of Accessory Dwelling Units and Junior Accessory Dwelling Units. This Ordinance Resolution No. 2570
November 6, 2024
Pg. 3
will bring the City’s regulations into compliance with legislative changes related ADU and JADU development and is necessary to maintain compliance. The Ordinance does not introduce any new uses or standards that are incompatible with other provisions of the Zoning Code.

SECTION 4. Recommendation. Given the foregoing, and based on the entire record before the Planning Commission, the Planning Commission hereby recommends that the City Council adopts Ordinance No. 1150, attached hereto as Exhibit “A” and incorporated by reference.

SECTION 5. Effective Date. This Resolution takes effect immediately upon adoption.

Section 6. Certification; Records. The Planning Secretary shall attest as to the adoption of this Resolution and cause the same to be maintained in the permanent records of the City.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission on the 6
th day of November 2024, by the following vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

Thomas Adams, Chairperson
Stanton Planning Commission
Crystal Landavazo
Planning Commission Secretary
Tran, Ash, Frazier, Adams
Resolution No. 2570
November 6, 2024
Pg. 4
Exhibit “A”
Proposed Ordinance No. 1150
[Attached]
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 10, 2024
SUBJECT: CONSIDERATION OF ORDINANCE NO. 1154 AMENDING CHAPTER

9.52 (PUBLIC LODGING) REGARDING PUBLIC LODGING FACILITY

STANDARDS AND AMENDING PERMITTED LAND USES IN
CHAPTERS 20.215 (COMMERCIAL ZONES) AND 20.230 (MIXED-USE

OVERLAY ZONES) REGARDING HOTELS, MOTELS, AND LODGING

AS A USE
REPORT IN BRIEF:

The City of Stanton (“City”) observed that several public lodging facilities had become hubs for criminal activity. Each year, law enforcement responded to incidents at these locations, including prostitution, narcotics violations, theft, weapons possession, gang activity, and assaults resulting in a cost of hundreds of thousands of dollars annually in law enforcement, code enforcement, and public safety efforts. The City Council sought to address this by adopting an interim urgency ordinance to temporarily prohibit the establishment or expansion of public lodging businesses in December 2023 and directed staff to research and prepare new regulations for public lodging facilities. The moratorium was extended in January and October 2024 to provide time to study the ongoing impacts of these establishments and craft new regulations to address the challenges they pose.

An Ordinance was prepared to amend Chapter 9.52 of the Municipal Code to strengthen the regulatory portions that govern public lodging facilities and establish security standards. The Ordinance also proposes to amend Chapter 20.215 and 20.230 of the Municipal Code so that all public lodging facilities are required to obtain a Conditional Use Permit and establish public lodging facilities in certain zoning districts and strengthen the regulatory portions that govern public lodging. The City Council is asked to hold a public hearing and consider adoption of the proposed Ordinance.

RECOMMENDED ACTION:

1. City Council conduct the public hearing, waive the full reading, and introduce for first reading by title only, Ordinance No. 1154, entitled:

Item: 10B
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2 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING AND RESTATING CHAPTER 9.52 OF THE

STANTON MUNICIPAL CODE REGARDING PUBLIC LODGING

FACILITIES REGULATIONS, AMENDING THE REFERENCE TO
“LODGING – HOTEL OR MOTEL” IN SECTION 20.215.020, TABLE 2-5, AMENDING THE REFERENCE TO “LODGING” IN TABLE 2-11 OF
SECTION 20.30.040, AND FINDING THE ORDINANCE TO BE EXEMPT

FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS
15060(c)(2) AND 15060(c)(3) AND ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO SECTIONS 15301 AND 15061(b)(3) OF STATE CEQA GUIDELINES”; and

2. Find that the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines because the actions have no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activities are not a project as defined in Section 15378 of the CEQA Guidelines. Alternatively, find that the action is categorically exempt pursuant to Section 15301 of the State CEQA Guidelines as it involves restrictions on public lodging facilities within existing private structures with negligible or no expansion of existing or former use and under Section 15061(b)(3) as there is no possibility that the action might have a significant effect on the environment; and

3. Set January 14, 2025, as the date for second reading for adoption of Ordinance No. 1154.

BACKGROUND:

The Planning Commission held a public hearing on November 20, 2024 to consider proposed Ordinance No. 1154 to amend Chapters 9.52, 20.215, and 20.230 of the Stanton Municipal Code regarding Public Lodging Facility standards and permitted land uses tables for commercial and mixed-use overlay zones. The Planning Commission heard a presentation, deliberated, and voted unanimously to recommend approval of Ordinance No. 1154.

ANALYSIS/JUSTIFICATION:

Under the California Constitution and pursuant to its police powers, the City is charged with protecting the health, safety, and welfare of its citizens. A large part of that responsibility is addressing crime and striving for a high quality of life for Stanton residents. As such, an Ordinance was prepared with the goal of protecting the health, safety, and welfare of Stanton residents. The proposed Ordinance will modify sections of both Title 9 and Title 20 of the Stanton Municipal Code. The proposed amendments are necessary to provide clarifying language and specific security regulations intended to address the nuisance activity that led to calls for service at existing motels. A summary of the proposed amendments are outlined below.
3 A. Zoning Code Amendments
The proposed Ordinance amends Table 2-5 (Allowed Land Uses and Permit Requirements Commercial Zones) of Section 20.215.020 to revise the “Lodging – Hotel or Motel” use designation. Specifically, lodging facilities fronting on Beach Boulevard or Katella Avenue in the Commercial General zone, under the current regulations were permitted by right, but as part of the proposed amendments, will now require a conditional use permit be issued by the City to provide the City with greater oversight of such facilities. Additionally, Table 2-11 (Allowed Land Uses and Permit Requirements Mixed-Use Overlay Zones) of Section 20.30.040 is amended to expressly clarify that motels are prohibited as a use within any Mixed-Use Overlay Zone.

B. Regulatory Code Amendments
The proposed Ordinance also provides a comprehensive update to the current Stanton Municipal Code chapter (9.52) that regulates the operational, security, and sanitary standards of public lodging facilities. Chapter 9.52 was last revised in 2014. The proposed ordinance introduces new regulations and strengthens existing provisions to better address these issues and enhance public safety. A detailed summary of the key changes is provided below:

Guest Registration Requirements
Key changes include more detailed guest recordkeeping requirements, now requiring operators to verify and maintain documentation of the guest’s permanent address and valid picture identification before use of the guestroom, regardless of any guest’s payment status.

Maintenance Standards and Sanitation Requirements
New additions are proposed to the existing maintenance standards. Now, every public lodging facility must ensure no substandard conditions exist at or on the public lodging facility’s premises. Notable maintenance standards now include maintaining all windows, landscaping, waste storage areas, and other public common spaces and recreation areas at the facility to ensure guest safety.

Security Measures
To enhance the existing security measures in Section 9.52.150, the Ordinance expands security camera coverage to include all entry points, parking areas, and common areas for guest safety. The video retention requirements are also expanded from 30 days to 60 days to ensure adequate footage is available for review in case of incidents or investigations. Security lighting must now also cover adjacent public sidewalks during hours of darkness to enhance visibility while minimizing disturbance to neighbors. 4 Operational Requirements
The Ordinance introduces new operational requirements for public lodging facilities including the continuous removal of graffiti within 48 hours. It also explicitly prohibits public lodging facilities from facilitating or allowing use of the facility for prostitution, illegal drug activity, or violent crimes. A new requirement mandates that operators designate a representative with full authority to act on their behalf for all compliance matters under this Chapter to ensure the City and guests have a clear point of contact for prompt communication. The operator or their representative must also be accessible 24/7 with their contact information clearly posted within the public lodging facility.

Guest Standards
New guest standards prohibit individuals from loitering or remaining on public lodging facility property in violation of the operator’s request. These new standards make it unlawful to refuse to leave when asked by the operator, their agent, or a peace officer, unless the individual is otherwise authorized to remain on the premises or is engaged in lawful activities. The Ordinance also recognizes potential guest liability for noncompliance with applicable provisions of this Chapter.

Guest Parking Permits
The Ordinance requires all vehicles in a public lodging facility’s parking lot to display a valid parking permit issued by the facility, which may only be provided to operators, guests, employees, or contractors. Public lodging facilities are responsible for monitoring parking areas with certain exceptions for emergency and official vehicles.

Human Trafficking Prevention Measures
The Ordinance prohibits minors from staying in public lodging facilities unless accompanied by a parent or legal guardian who must remain present for the duration of the minor’s stay. Additionally, public lodging facilities are required to post human trafficking notices in visible areas to provide information on how to seek help. These measures are designed to combat human trafficking by ensuring greater oversight of minors and raising awareness for both guests and employees.

Public Lodging Facility Inspection Program (Certificates of Compliance) The Ordinance introduces an inspection program designed to enhance oversight and accountability for operators of public lodging facilities. One year from the Ordinance’s effective date, all operators would need to obtain a certificate of compliance from the City to legally operate. New lodging facilities proposed after the Ordinance takes effect would have to pass an inspection prior to beginning operations, while existing facilities would undergo inspection within one year of this Ordinance’s enactment to receive a certificate of compliance.
5 Enforcement
The Ordinance establishes strict liability for both operators and property owners of public lodging facilities for any violations of Chapter 9.52, regardless of any agreements with third parties, to enhance accountability of all public lodging facilities. The Ordinance also clarifies various enforcement mechanisms, including criminal penalties, civil penalties, and administrative citations, while allowing the City to abate violations or nuisances through legal action.

Findings
Based on the evidence for the Ordinance and all other applicable information presented, staff finds that the proposed Ordinance is appropriate for the following reasons:

1. Consistency with City’s General Plan: By introducing enhanced operational controls and conditional use permit requirements, the Ordinance helps ensure that public lodging facilities contribute to overall community safety consistent with the Community Health & Safety Element (“CHS”) of the General Plan. More specifically, the Ordinance supports efforts to enhance public safety through effective oversight and management in furtherance of Goal CHS-4.3 of the City’s General Plan. The Ordinance is also consistent with Action CHS-4.3.1(c), as it encourages the City to evaluate and potentially enhance law enforcement services by addressing challenges commonly associated with public lodging facilities, such as security and operational concerns. Furthermore, the Ordinance supports Goal CHS-4.4, which promotes safe communities, by discouraging criminal activity.

2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: By updating the regulatory and operational standards for public lodging facilities, the Ordinance promotes more effective oversight and ensures that these facilities operate in a manner that aligns with the City’s commitment to maintaining a high quality of life for its residents and visitors. The Ordinance further enhances operational requirements and land use controls to ensure that lodging facilities are appropriately regulated to advance the public health, safety, and welfare of the community.

3. Consistency with Zoning Code: The proposed Ordinance is consistent with the City’s Zoning Code, as it strengthens existing regulations for public lodging facilities in line with the Code’s broader goals of ensuring responsible land use.

By updating existing operational, sanitary, and security standards for public lodging facilities and introducing conditional use permit requirements in certain zoning districts, the Ordinance provides a more tailored approach to regulating such facilities to ensure they operate in a manner that is compatible with 6 surrounding land uses and community objectives.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313.

Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

LEGAL REVIEW:

The City Attorney’s Office provided guidance and oversight in the preparation of the proposed Ordinance to ensure compliance with state law.

STRATEGIC PLAN OBJECTIVES:

Obj. No. 1: Provide a safe community.

Obj. No. 5: Provide a high quality of life.

PUBLIC NOTIFICATION:

Notice of Public Hearing was published in the Orange County Register on November 29, 2024. The notice was also posted at three public locations and made public through the agenda-posting process.

Prepared by: Crystal Landavazo, Community and Economic Development Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. Draft Ordinance No. 1154
B. Planning Commission Resolution No. 2571
ORDINANCE NO. 1154