Stanton City Council
February 25, 2025

Stanton City Council Agenda Prepared by the Office of the City Clerk February 25, 2025

AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, FEBRUARY 25, 2025 - 6:30 P.M.

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245 or via e-mail at [email protected].

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

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

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

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

2. Dial in the following Meeting ID: (865 4498 6955) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/86544986955?pwd=uFH9Q8pJpm2cYjvdgdbCWgWlZwMamD.1

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:30 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

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

Stanton City Council Agenda Prepared by the Office of the City Clerk February 25, 2025

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

The City Council is required to comply with the Levine Act (Government Code § 84308). The purpose of the Levine Act is to prevent public officials from being influenced by campaign contributions from parties and other financially interested persons appearing before them and to prevent officials from using their position of authority to unduly influence applicants to make contributions to campaigns. The Levine Act only applies to certain matters brought to the City Council, including permits, licenses, some contracts, and other entitlements for use. While these matters are pending and for 12 months after a decision has been made, a Council Member may not accept, solicit, or direct campaign contributions of more than $500 from parties/participants who have a financial interest in the proceedings, or their respective agents. In addition, a Council Member who has received such a contribution may be required to disclose the contribution and recuse themselves from consideration of an agenda item. This summary of the Levine Act does not constitute legal advice. Council members who need to recuse themselves from an agenda item may provide notice at any time during the Council meeting before consideration of the item. Under certain circumstances, contributions may be returned by the public official in order to participate in a decision or otherwise cure a potential violation.

1. CLOSED SESSION None.

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

3. PLEDGE OF ALLEGIANCE

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

5. SPECIAL PRESENTATIONS AND AWARDS
Presentation honoring Ms. Mary Dovico on attaining the distinction of reaching her 100th birthday.

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

Stanton City Council Agenda Prepared by the Office of the City Clerk February 25, 2025

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

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

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
City Council approve demand warrants dated January 24, 2025 – February 6, 2025, in the amount of $5,389,783.07.
6C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Special and Joint Regular Meeting – February 11, 2025.
6D. RENEWAL OF DECLARATION THAT AN EMERGENCY CONDITION EXISTS

ARISING FROM DAMAGE TO THE WESTERLY END STANTON PARK PEDESTRIAN BRIDGE
Consideration of the City Council to continue declaring the repair an emergency. The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. The pedestrian bridge is a major pedestrian walkway serving many of the residents of the City.

RECOMMENDED ACTION:

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

2. Find that the City Council continues declaring the repairs an emergency.

Stanton City Council Agenda Prepared by the Office of the City Clerk February 25, 2025

6E. APPROVAL OF GRANT AGREEMENT (FEDERAL AWARD NO. 693JJ32540391, PROCUREMENT REQUEST HSA240292PR) WITH THE U.S. DEPARTMENT OF

TRANSPORTATION (USDOT) FEDERAL HIGHWAY ADMINISTRATION (FHWA) FOR THE VISION ZERO ACTION PLAN PROJECT (TASK CODE NO. 2025-102) As part of the Safe Streets and Roads for All (SS4A) program, USDOT FHWA is looking to work with local agencies through grant funding to prevent roadway deaths and serious injuries. The City has requested grant funding to conduct a citywide assessment of principal and collector arterial streets relating to safety conditions and investigating opportunities for public infrastructure upgrades to improve roadway safety and reduce collision rates. Staff is recommending approval of the Grant Agreement with USDOT FHWA and authorization for the City Manager to bind the City with USDOT FHWA to implement the project.

RECOMMENDED ACTION:

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

2. Approve the USDOT FHWA Grant Agreement, Federal Award No. 693JJ32540391, Procurement Request No. HSA240292PR; and

3. Authorize the City Manager to bind the City of Stanton and the USDOT FHWA in a contract to implement the project.

END OF CONSENT CALENDAR

7. PUBLIC HEARINGS None.

Stanton City Council Agenda Prepared by the Office of the City Clerk February 25, 2025

8. UNFINISHED BUSINESS
8A. APPROVAL OF ORDINANCE NO. 1158 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING CHAPTER 5.04 AND ADDING CHAPTER 5.06 AND CHAPTER 5.72 OF TITLE 5 OF THE STANTON

MUNICIPAL CODE, RELATING TO BUSINESS LICENSES AND REGULATIONS This Ordinance was introduced at the regular City Council meeting of February 11, 2025.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1158, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING CHAPTER 5.04 AND ADDING CHAPTER 5.06 AND CHAPTER 5.72 OF TITLE 5 OF THE STANTON MUNICIPAL CODE, RELATING TO BUSINESS LICENSES AND REGULATIONS”; and

2. City Council adopt Ordinance No. 1158.
8B. APPROVAL OF ORDINANCE NO. 1160 - AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF STANTON AMENDING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF STANTON AND STANTON 2.0 LLC FOR CERTAIN REAL PROPERTY LOCATED AT 12331-12435 BEACH BOULEVARD WITHIN THE CITY OF STANTON PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ. AND MAKING CEQA FINDINGS IN CONNECTION THEREWITH
This Ordinance was introduced at the regular City Council meeting of February 11, 2025.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1160, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON

AMENDING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
STANTON AND STANTON 2.0 LLC FOR CERTAIN REAL PROPERTY
LOCATED AT 12331-12435 BEACH BOULEVARD WITHIN THE CITY OF

STANTON PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
65864 ET SEQ. AND MAKING CEQA FINDINGS IN CONNECTION
THEREWITH”; and

2. City Council adopt Ordinance No. 1160.

Stanton City Council Agenda Prepared by the Office of the City Clerk February 25, 2025

9. NEW BUSINESS None.

10. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items. Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted.

All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.

11. WRITTEN COMMUNICATIONS None.

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

Stanton City Council Agenda Prepared by the Office of the City Clerk February 25, 2025

12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

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

Currently Scheduled: None.

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

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

15. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 20th day of February, 2025. s/ Patricia A. Vazquez, City Clerk/Secretary

January 24, 2025 - February 6, 2025
Payments to Vendors:

Electronic Transaction Nos. $ 4,833,670.69
Check Nos. 138842-138884 254,690.99
Other Electronic Transactions ACH (A) 153,217.10
Total Payments to Vendors $ 5,241,578.78
Direct Deposit Payments (B):

Payroll dated January 30, 2025 148,204.29
TOTAL PAYMENTS $ 5,389,783.07
Notes:

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

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

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

CITY OF STANTON

WARRANT REGISTER
3532-3548
conform to the City of Stanton Annual
Budget as approved by the City Council.

Demands listed on the attached registers
City Manager Finance Director
Item: 6B
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ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON MEETING FEBRUARY 11, 2025

SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (5:30 PM)

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

1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 5:30 p.m. by Mayor / Chairman Shawver.

2. ROLL CALL

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

Absent: None.

Excused: None.

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.

4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 5:31 p.m. for discussion regarding:
4A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
4B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1
Case Name: Tina Pacific Residents Association, et al. v. City of Stanton Case Number: 30-2023-01316300-CU-WM-CXC
Item: 6C
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5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:34 p.m.

The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 5:31 to 6:34 p.m.

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

6. ROLL CALL

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

Absent: None.

Excused: None.

7. PLEDGE OF ALLEGIANCE
Led by Ms. Sanjuana “Nena” de la Torre.

8. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation by Mr. Howard Kummerman, Executive Director, Cypress College Foundation regarding the 50th Annual Americana Awards, which will honor Ms.

Sanjuana “Nena” de la Torre as the 2025 Citizen of the Year for the City of Stanton.

B. Ms. Hannah Shin-Heydorn, City Manager, presented an update on the City’s homeless outreach activities.

9. CONSENT CALENDAR
Motion/Second: Taylor/Torres
Motion carried by the following vote:

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

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CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated January 10, 2025 – January 23, 2025, in the amount of $2,609,286.69.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Special and Joint Regular Meeting – January 28, 2025.
9D. DECEMBER 2024 INVESTMENT REPORT
The Investment Report as of December 31, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

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

2. Received and filed the Investment Report for the month of December 2024. 9E. DECEMBER 2024 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of December 31, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

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

2. Received and filed the Investment Report for the month of December 2024.

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9F. DECEMBER 2024 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF

CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended December 31, 2024, has been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and is being provided to the City Council. This report includes information on both the City’s General Fund and the Housing Authority Fund.

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

2. Received and filed the General Fund and Housing Authority Fund December 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended December 31, 2024.
9G. AWARD OF CONTRACT TO INTEGRATED DEMOLITION AND REMEDIATION, INC. FOR THE 8961 PACIFIC AVENUE DEMOLITION AND ABATEMENT PROJECT AND THE 8950 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 $150,000
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 8961 Pacific Avenue and 8950 Pacific Avenue, which both have 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.

1. The City Council declared 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
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2. Authorized 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

3. Awarded a construction contract to Integrated Demolition and Remediation, Inc., to provide professional demolition and abatement services in the amount of $150,000; and

4. Authorized 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. Authorized 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.
9H. ACCEPTANCE OF THE 8871 PACIFIC AVENUE DEMOLITION AND

ABATEMENT PROJECT
The 8871 Pacific Avenue Demolition and Abatement Project consisting of the demolition and abatement of the vacant 4-plex building located at 8871 Pacific Avenue is now complete. The final construction cost for the project was $79,800, the contract award amount. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of February 4, 2025, and recommends that the City Council accept the completed work performed on this project.

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

2. Accepted the completion of improvements for the 8871 Pacific Avenue Demolition and Abatement Project, as certified by the City Engineer, and affixed the date of February 4, 2025, as the date of completion of all work on this project; and

3. Approved the final construction contract amount of $79,800 with Integrated Demolition and Remediation, Inc.; and

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

5. Directed City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Integrated Demolition and Remediation, Inc. in the amount of $3,990.

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9I. RENEWAL OF DECLARATION THAT AN EMERGENCY CONDITION EXISTS

ARISING FROM DAMAGE TO THE WESTERLY END STANTON PARK

PEDESTRIAN BRIDGE
Consideration of the City Council to continue declaring the repair an emergency.

The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. The pedestrian bridge is a major pedestrian walkway serving many of the residents of the City.

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

2. Finds that the City Council continues declaring the repairs an emergency. 9J. APPROVE PURCHASE OF ADDITIONAL USER LICENSES FOR ORACLE NETSUITE FOR GOVERNMENT AND AMENDMENT NO. 1 TO THE ORDERING DOCUMENT (ORACLE AMERICA, INC.)
On August 27, 2024, the City Council approved a professional services master agreement with Oracle America, Inc. (“Oracle”), for Oracle NetSuite for Government (NSG), an ERP platform designed by Oracle specifically for small to mid-size government agencies (Attachment A). Staff is requesting a modification to the number (and level) of users that were originally approved. The original purchase included 6 “full service” users and 25 “self-service users”. However, as a result of discussions held during the NSG implementation project, staff is recommending the City eliminate the 25 “self-service” users and add an additional 24 “full-service users”. In addition, staff is requesting the City increase the number of user licenses for the budgeting platform from 6 licenses to 15 licenses. The annual cost increase for the additional licenses is approximately $12,182. The net impact of these changes is an annual increase of $10,859. This requires the City to execute the Ordering Document included as Attachment B for the new licenses and Amendment No. 1 to the Ordering Document included in Attachment C for the removal of the “self-service” licenses.

1. The City Council finds that these actions are not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment) and even if they were considered a project, they would still be exempt from CEQA under State CEQA Guidelines Section 15301; and

2. Approved the purchase of additional licenses for an annual cost of $12,182.40 ($57,866.40 for the next 57 months) and Amendment No. 1 to the City’s original subscription agreement; and

3. Authorized the City Manager to execute all necessary documents.

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9K. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR 2023-24

AND RELATED AUDIT REPORTS
Each year the City issues an Annual Comprehensive Financial Report (ACFR), which summarizes the financial activity of a local government for a given fiscal year in accordance with financial statement presentation requirements prescribed by government accounting standards (Attachment A). The ACFR is accompanied by an opinion from the City’s audit firm. The audit firm’s opinion on the City’s 2023-24 ACFR is a clean opinion, with no exceptions, modifications, or qualifications. (The audit firm also issued a separate report for the Housing Authority’s 2023-24 audited financial statements. The single audit report on Attachment C was required for the Fiscal Year 2023-24 audit because the City spent more than $750,000 on federal grant funds. No findings or questioned costs are identified in this report. In addition, the City’s auditors issue other reports in relation to the City’s audit. These reports are provided in Attachments D and E.

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

2. Received and filed the Annual Comprehensive Financial Report (ACFR), and related audit reports.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS
10A. CONSIDERATION OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF STANTON AND STANTON 2.0 LLC RELATED TO THE

PAYMENT OF PUBLIC BENEFITS AND DEVELOPMENT IMPACT FEES FOR THE “CLOUD HOUSE” DEVELOPMENT AT 12331-12435 BEACH BOULEVARD The City Council is asked to consider the proposed Ordinance and recommended amendment to the Cloud House Development Agreement. The Development Agreement between the City and Developer allows the parties to agree to an alternative payment schedule for the required public benefits and development impact fees. The Planning Commission reviewed the proposed Ordinance and amendment before voting to adopt Resolution No. 2573 recommending approval of the proposed Ordinance and amendment.

Staff report by Ms. Crystal Landavazo, Community and Economic Development Director.

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The public hearing was opened.

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

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

1. The City Council conducted the public hearing and first reading of Ordinance No. 1160, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

STANTON AMENDING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF STANTON AND STANTON 2.0 LLC FOR CERTAIN
REAL PROPERTY LOCATED AT 12331-12435 BEACH BOULEVARD

AND MAKING A DETERMINATION THAT THE PROJECT IS EXEMPT
UNDER CEQA”; and

2. Declared that the project is exempt per the California Environmental Quality Act (CEQA) under section 15061(b)(3) which applies to projects that will not have a significant impact on the environment; and

3. Set February 25, 2025, as the date for second reading for adoption of Ordinance No. 1160.
10B. CONSIDERATION OF ORDINANCE NO. 1158 AMENDING CHAPTER 5.04 OF TITLE 5 OF THE STANTON MUNICIPAL CODE RELATING TO BUSINESS

LICENSES AND REGULATIONS
On November 28, 2023, the City of Stanton entered into an agreement with Hinderliter, De Llamas and Associates (HDL) for Business License Tax Administration Services and a Business License Tax Ordinance and Fee Study. As part of the Business License Tax Ordinance portion of the agreement, staff worked with HDL and reviewed Chapter 5.04, “Business Licenses and Regulations,” of the City’s Municipal Code and prepared the proposed Ordinance with updates. The City Council will consider approving the first reading of the proposed Ordinance.

Staff report by Ms. Amy Massey, Finance Manager.

Presentation by Mr. Eric Myers, HdL Companies, Senior Operations Manager.

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The public hearing was opened.

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

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

1. The City Council conducted a public hearing; and

2. Finds that the ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15378(a) (the ordinance is not a “project” and has no potential for resulting in physical change to the environment, directly or indirectly) and 15061(b)(3) (there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment) (14 Cal. Code Regs.); and

3. Introduced Ordinance No. 1158, entitled:
“AN ORDINANCE NO. 1158 AMENDING CHAPTER 5.04 OF TITLE 5

OF THE STANTON MUNICIPAL CODE RELATING TO BUSINESS

LICENSES AND REGULATIONS AND FINDING THE ORDINANCE TO

BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PURSUANT TO SECTIONS 15378(a) AND 15061(b)(3) OF THE STATE CEQA GUIDELINES”; and

4. Set said ordinance for second reading and adoption at the February 25, 2025, regularly scheduled City Council meeting.

11. UNFINISHED BUSINESS
11A. APPROVAL OF ORDINANCE NO. 1159 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING CHAPTER 2.32 OF TITLE 2 OF THE STANTON MUNICIPAL CODE REGARDING THE PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION’S NAME, NUMBER,

AND APPOINTMENT PROCESS
This Ordinance was introduced at the regular City Council meeting of January 28, 2025.

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

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

1. The City Clerk read the title of Ordinance No. 1159, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING CHAPTER 2.32 OF TITLE 2 OF THE STANTON

MUNICIPAL CODE REGARDING THE PARKS, RECREATION, AND
COMMUNITY SERVICES COMMISSION’S NAME, NUMBER, AND
APPOINTMENT PROCESS”; and

2. The City Council adopted Ordinance No. 1159.

12. NEW BUSINESS
12A. CYPRESS COLLEGE FOUNDATION ANNUAL AMERICANA AWARDS The City Council will consider participation through a sponsorship contribution for the 50th Annual Cypress College Foundation Americana Awards scheduled for Saturday, March 15, 2025. This awards ceremony is used as a fundraiser for the Cypress College Foundation with all proceeds benefiting Cypress College students and programs and honors the Citizen of the Year from surrounding communities.

This year Ms. Sanjuana “Nena” de la Torre has been selected and will be honored as the City of Stanton’s Citizen of the Year.

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

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

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

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

2. Approved the City’s participation through a sponsorship contribution for the 50th Annual Cypress College Foundation Americana Awards; and

3. Directed staff to proceed with the selection and purchase of Option 1: the Benefactor Sponsorship at a cost of $4,000 which includes registration for ten (10) and a half-page color donor acknowledgement in the Americana Program. 12B. REMOVAL OF COMMISSIONER FROM PLANNING COMMISSION
The City Council will consider removing Commissioner HongTien Tran from the Planning Commission effective immediately based on his noncompliance with the training requirements of Assembly Bill 1234 related to Ethics and Assembly Bill 1661 related to Harassment Prevention.

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

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

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

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

2. Removed Commissioner HongTien Tran from the Planning Commission effective immediately based on his noncompliance with the training requirements of Assembly Bill 1234 related to Ethics and Assembly Bill 1661 related to Harassment Prevention.

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12C. AUTHORIZATION FOR COUNCIL MEMBERS TO ATTEND UPCOMING

MEETINGS AND EVENTS
Pursuant to the City of Stanton Travel and Reimbursement policy, a Council Member must receive City Council approval prior to a trip if the trip will exceed $500.

Council will consider the following requests for travel:
• Council Member Victor Barrios
o Event: National League of Cities (NLC) 2025 Congressional City Conference
o Location: Washington, DC
o Dates: March 10 - 12, 2025
Staff report by Ms. Patricia A. Vazquez, City Clerk.

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

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

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

2. Authorized the Council Member Victor Barrio’s attendance at the proposed conference as desired and authorized staff to make a budget adjustment as needed to cover travel costs.
12D. DISCUSSION REGARDING “TALK ON THE BLOCK” PROGRAM
At the June 11, 2024 City Council meeting, Council Member Taylor requested the following item be agendized for discussion: “Revisitation/Return of Talk on the Block Community Meetings.” At its meeting of June 25, 2024, the City Council received consensus and directed staff to proceed. This report outlines the program's background, recent activities, samples of other city programs, and potential costs and staffing considerations.

Staff report by Ms. Zenia Bobadilla, Community Services Director.

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

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

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

2. Directed staff to proceed with up to three (3) meetings a year, rotated through various geographic areas of the City, with the first meeting being held in April at Stanton Central Park with a focus on public safety. Attendance at the first meeting will determine timing and location of any future meetings.

13. ORAL COMMUNICATIONS – PUBLIC None.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Warren reported on his attendance at the City of Westminster’s 2025 Westminster Tết Parade, which was held on February 1, 2025. • Council Member Warren reported on his attendance at the Union of Vietnamese Student Associations of Southern California (UVSA)’s 43rd Annual Tết Festival, which was held on February 1, 2025.
• Council Member Warren reported on his attendance at the Boys & Girls Club of Stanton’s Restroom Re-Grand Opening event, which was held on February 6, 2025.
• Council Member Warren reported on his attendance at the League of CA Cities, Mayors and Council Members Academy, which was held on January 29, 2025 through January 31, 2025 in Garden Grove, California.

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• Council Member Warren reported on his attendance at the Orange County Sheriff’s Department’s newly elected councilmembers briefing, which was held on February 6, 2025.
• Council Member Warren reported on his attendance at the Brekkie Car Club 5- Year Anniversary event, which was held at Rodeo 39 on February 8, 2025. 15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
• Council Member Taylor requested that City staff contact the Orange County Mosquito and Vector Control District requesting a presentation to the City Council on their 2025 operations.
• Council Member Taylor requested that City staff contact the County of Orange Office on Homeless Services requesting a presentation to the City Council on their 2025 operations.
15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.
15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING PLACEMENT OF A BALLOT INITIATIVE: TAX INCREASE ON TOBACCO PRODUCTS
At the January 28, 2025, City Council meeting, Mayor Pro Tem Torres requested that this item be agendized for discussion. Mayor Pro Tem Torres is requesting to discuss the placement of a ballot initiative pertaining to a tax increase on tobacco products, to safeguard the Stanton community and fund public safety operations within the City.

Presentation by Mayor Pro Tem Torres.

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

AYES: 5 (Barrios, Shawver, Taylor, Torres, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
The City Council received consensus and directed staff to proceed with research and to bring this item back for City Council review at a future City Council meeting.

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

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Division Chief Matthew Schuetz provided the City Council with an update on their current operations.

18. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 8:38 p.m.
________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 25, 2025
SUBJECT: RENEWAL OF DECLARATION THAT AN EMERGENCY CONDITION

EXISTS ARISING FROM DAMAGE TO THE WESTERLY END STANTON

PARK PEDESTRIAN BRIDGE
REPORT IN BRIEF:

Consideration of the City Council to continue declaring the repair an emergency. The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. The pedestrian bridge is a major pedestrian walkway serving many of the residents of the City.

RECOMMENDED ACTION:

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

2. Find that the City Council continues declaring the repairs an emergency.

BACKGROUND:

In late June 2023, a vehicle collided with the Westerly End Pedestrian Bridge at Stanton Park (“the pedestrian bridge”), causing significant damage to the pedestrian bridge. Due to immediate safety concerns, the pedestrian bridge was promptly closed and secured.

However, these fixes are only temporary, and the City will need to procure additional services immediately to make additional repairs to the pedestrian bridge.

On November 12, 2024, City Council adopted Resolution 2024-36, which authorized that an emergency condition exists arising from damage to the Westerly End Stanton Park Pedestrian Bridge.

Item: 6D
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2 ANALYSIS/JUSTIFICATION:

Earlier this month, the contractor completed their 2nd plan review submittal to both the City and Orange County Flood Control District (OCFCD). The permit review process is anticipated to take approximately six weeks. Following approval, the bridge fabrication is expected to take four weeks. Construction is projected to begin in early April 2025 and is estimated to take 40 working days to complete.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications were performed through the normal agenda process.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a quality infrastructure.

Prepared by: Cesar Rangel P.E., Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 25, 2025
SUBJECT: APPROVAL OF GRANT AGREEMENT (FEDERAL AWARD NO. 693JJ32540391, PROCUREMENT REQUEST HSA240292PR) WITH
THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) FEDERAL

HIGHWAY ADMINISTRATION (FHWA) FOR THE VISION ZERO
ACTION PLAN PROJECT (TASK CODE NO. 2025-102)
REPORT IN BRIEF:

As part of the Safe Streets and Roads for All (SS4A) program, USDOT FHWA is looking to work with local agencies through grant funding to prevent roadway deaths and serious injuries. The City has requested grant funding to conduct a citywide assessment of principal and collector arterial streets relating to safety conditions and investigating opportunities for public infrastructure upgrades to improve roadway safety and reduce collision rates. Staff is recommending approval of the Grant Agreement with USDOT FHWA and authorization for the City Manager to bind the City with USDOT FHWA to implement the project.

RECOMMENDED ACTION:

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

2. Approve the USDOT FHWA Grant Agreement, Federal Award No. 693JJ32540391, Procurement Request No. HSA240292PR; and

3. Authorize the City Manager to bind the City of Stanton and the USDOT FHWA in a contract to implement the project.

BACKGROUND:

The USDOT SS4A program provides grants to local, regional, and tribal communities for implementation, planning, and demonstration activities as part of a systematic approach to prevent deaths and serious injuries on the nation’s roadways.

Item: 6E
Click here to return to the agenda.
2 The funding helps communities by promoting and supporting safer people, roads, and vehicles; appropriate vehicle speeds; and improved post-crash care.

The SS4A program funds two types of grants:
1) Planning and Demonstration Grants for Comprehensive Safety Action Plans, including supplemental safety planning and demonstration activities to inform an Action Plan. These can help build a pipeline of projects for future funding. 2) Implementation Grants to implement strategies or projects identified in an existing Action Plan.

This project will establish an Action Plan for safety improvements based on collision history, existing roadway infrastructure, roadway types, and roadway users.

ANALYSIS/JUSTIFICATION:

Staff will issue a Request for Proposals (RFP) from qualified consultants to conduct the citywide analysis of principal and collector arterial streets that will include interpolation of collision rates, investigation of existing roadway infrastructure, data collection, and the performance of relevant tasks to develop an appropriate Action Plan for future improvements.

This agreement will be effective for a period of five years after the agreement is executed (February 24, 2030).

FISCAL IMPACT:

The City’s Fiscal Year 2024/25 Adopted Operating Budget includes $200,000 for this project, with funding from the USDOT grant program ($160,000) and the Gas Tax Fund ($40,000). No additional funding is requested at this time. Costs associated with this project are funded through an 80/20 share, 80% Federal Share and 20% Recipient Share (City).

ENVIRONMENTAL IMPACT:

This project to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect physical change in the environment; and 3 LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a high 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
ATTACHMENT:

A. FY23 SS4A Agreement 693JJ32540391
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1. Federal Award No.
693JJ32540391

2. Effective Date
See No. 17 Below

3. Assistance
Listings No.

20.939

4. Award To
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Unique Entity Id.:

TIN No.:

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

6. Period of Performance
Effective Date of Award – 60
months

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:
$ 160,000
$ 40,000
$ 0
$ 0
$ 200,000

8. Type of Agreement
Grant

9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)

10. Procurement Request No.

HSA240292PR

11. Federal Funds Obligated
$ 160,000

12. Submit Payment Requests To
See Article 5.

14. Description of the Project
This project will conduct a citywide assessment
concerning safety conditions and investigation of
opportunities for public infrastructure upgrades to
improve roadway safety and collision rates.

13. Accounting and Appropriations Data

RECIPIENT

15. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name: Hannah Shin-Heydorn
Title: City Manager

FEDERAL HIGHWAY ADMINISTRATION

16. Signature of Agreement Officer
______________________________________
Signature Date
Name: Hector R. Santamaria
Title: Agreement Officer
Attachment: A
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U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Stanton (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the City of Stanton Vision Zero Action Plan.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
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ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: City of Stanton Vision Zero Action Plan Application Date: 7/10/2023

2.2 Award Amount.

SS4A Grant Amount: $160,000

2.3 Federal Obligation Information.

Federal Obligation Type: Single

2.4 Budget Period.

Budget Period: See Block 6 of Page 1

2.5 Grant Designation.

Designation: Planning and Demonstration
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ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

The City will be requesting proposals to develop the City of Stanton Vision Zero Action Plan to conduct a citywide roadway safety assessment.

The project will be completed in one phase as follows:

Base Phase: Pre-NEPA: Conduct citywide assessment concerning safety conditions and investigation of opportunities for infrastructure upgrades to improve roadway safety and collision rates.

3.2 Project’s Estimated Schedule.

Action Plan Schedule
Milestone Schedule Date
Planned NEPA Completion Date: June 5, 2024
Planned Draft Plan Completion Date: November 30, 2025
Planned Final Plan Completion Date: June 30, 2025
Planned Final Plan Adoption Date: December 31, 2026
Planned SS4A Final Report Date: June 30, 2027

3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $160,000
Other Federal Funds:

State Funds:

Local Funds: $40,000
In-Kind Match:

Other Funds:

Total Eligible Project Cost: $200,000
(b) Cost Classification Table – Planning and Demonstration Grants with demonstration activities and Implementation Grants Only
N/A
(c) Indirect Costs
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Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.

ARTICLE 4

RECIPIENT INFORMATION

4.1 Recipient Contact(s).

Cesar Rangel
Public Works Director/City Engineer
City of Stanton
7800 Katella Avenue, Stanton, CA 90680
714-890-4203
[email protected]

4.2 Recipient Key Personnel.

Name Title or Position
Elias Garcia Assistant City Engineer
Han Sol Associate Engineer
Sylvia Soong HR/Risk Management Analyst

4.3 USDOT Project Contact(s).

Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.

Washington, DC 20590
202-366-2822
[email protected]
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-310
1200 New Jersey Avenue, S.E.

Washington, DC 20590
[email protected]
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and

AOR
Elissa Konove
Agreement Officer’s Representative (AOR)
Division Administrator
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5015
[email protected]
and
Daniel Hawk
California Division Office Lead Point of Contact
Local Programs Manager
650 Capitol Mall, Suite 4-100
Sacramento, California
Phone: 916-498-5849
Email: [email protected]
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ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.

In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308(f)(6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail.
(d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System.

The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver.
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(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.

6.2. The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.

6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website.

6.5 There are no other special grant requirements.

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ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: Citywide principal and collector arterial streets.

Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Equity
[for all Grants]
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
Within 120 days
after the end of the
period of
performance
Costs
[for all Grants]
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Lessons Learned and
Recommendations
[for all Grants]
Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.

Within 120 days
after the end of the
period of
performance

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ATTACHMENT C

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table align with the application:

A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
X The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.

The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below.

The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

2. Supporting Narrative.

The City has taken action and is identified as an Equal Opportunity Employer. All prospective consultants and/or contractors seeking to provide services for the City of Stanton will be considered regardless of race, color, religion, sex, national origin, age, marital or veteran status, disability, genetic status or any other legally protected status. As a part of the consultant proposal submittal process the City will incorporate a “NonDiscrimination Certification” to be submitted by all interested consultants.

The City is committed to taking meaningful steps moving forward. Our goal is to ensure that the objectives of this project which includes a citywide assessment of safety conditions and the subsequent infrastructure upgrades address the needs of all communities, particularly those that have been historically underserved.

The City has planned to implement a multi-faceted approach:
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• Community Engagement: Organize a series of outreach meetings in surrounding neighborhoods, particularly those identified as underserved by USDOT criteria. These sessions will provide residents with the opportunity to voice their safety concerns and suggestions regarding roadway improvements.

Feedback from these discussions will directly inform our assessment and planning processes.

• Equity-Focused Data Collection: Conduct analyses of traffic collision data, disaggregating it by race, ethnicity, and socioeconomic status as applicable. This data will allow us to pinpoint specific areas where inequities exist and prioritize interventions that will most benefit underserved communities.

• Partnerships with Local Organizations: The City intends to collaborate with community-based organizations that serve marginalized populations. These partnerships will help us ensure that our outreach efforts are effective and that the voices of those most affected by roadway safety issues are included in decision-making processes.

• Performance Metrics: The City strives to establish clear performance metrics to track the percent of funds allocated to underserved communities. By ensuring that a significant portion of the project budget directly benefits these communities, we aim to demonstrate our commitment to advancing racial equity through our infrastructure initiatives.

In summary our commitment to improving racial equity is strong. We will actively engage with the community, gather data, and establish partnerships to ensure that our project serves all residents effectively. 13 of 17

ATTACHMENT D

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

1. Consideration of Climate Change and Environmental Justice Impacts.

The Recipient states that rows marked with “X” in the following table align with the application:

The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)
The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and locationefficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
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x
The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below.

The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below.

The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

2. Supporting Narrative.

The City recognizes the urgent need to address climate change and environmental justice concerns as part of our infrastructure planning process. This project will include elements to identify vehicular impacts on the City’s roadway network. Mitigation measures to enhance and upgrade infrastructure to enhance safety for alternative transportation measures such as bicyclists and pedestrians. The City is committed to integrating these considerations into our assessments and future implementation.

This project will serve as a steppingstone for future projects/assessments that include the following:

• Environmental Impact Assessments: City will seek to conduct comprehensive environmental assessments as part of our citywide safety evaluation. This will involve analyzing how proposed infrastructure upgrades may affect local ecosystems, air quality, and overall environmental health, particularly in neighborhoods that are more vulnerable to environmental hazards.

• Climate Resilience Planning: The assessment will incorporate strategies for enhancing climate resilience. We will identify opportunities to integrate green infrastructure—such as permeable pavement……etc.—that not only improve roadway safety but also mitigate the urban heat island effect and manage stormwater runoff.

• Engagement with Environmental Justice Communities: Through outreach and partnerships with local environmental organizations, like OC Habitat, the City will ensure that their voices are included in the decision-making process and that their needs are prioritized in our planning.

• Monitoring and Reporting: The City is committed to establishing metrics to evaluate the environmental impacts of proposed infrastructure upgrades. By tracking key indicators such as emissions reductions and improvements in local air quality, we will ensure accountability and transparency in our efforts to promote environmental justice.

In conclusion, our commitment to these issues is integral to our project planning. We aim to create a safer, more equitable transportation system that also prioritizes environmental sustainability for all community members.
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ATTACHMENT E

LABOR AND WORKFORCE

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application:

The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
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The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color;
c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) x
The Recipient has taken other actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below.

The Recipient has not taken actions related to the Project to improving goodpaying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The City recognizes the importance in creating and promoting good-paying jobs with free and fair choice to join a union and incorporate strong labor standards. This is why the City will require the Davis-Bacon Act and Prevailing Wages to be paid on this project. In conclusion, the City is committed to support good-paying jobs and strong labor standards.

ATTACHMENT F

CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE
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1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats.

The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.

The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.

For projects in floodplains: The Recipient appropriately considered whether the project was upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related Financial Risk (86 FR 27967), and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Solicit and Considering Stakeholder Input (80 FR 6425).

2. Supporting Narrative.

N/A
ORDINANCE NO. 1158

ORDINANCE NO. 1158

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING CHAPTER 5.04 AND ADDING CHAPTER 5.06 AND CHAPTER 5.72 OF TITLE 5 OF THE STANTON MUNICIPAL CODE, RELATING TO BUSINESS LICENSES

AND REGULATIONS
WHEREAS, the City of Stanton (“City”) is authorized under its police powers to ensure that all businesses operating in the City comply with all local, state and federal laws at all times during the business licensing process; and
WHEREAS, the City’s Municipal Code includes comprehensive regulations on commencing, conducting, carrying on, or engaging in any business in the City, including the requirement of a business license generally; and
WHEREAS, the City Council desires to amend certain provisions of its comprehensive business license provisions for added clarity; and
WHEREAS, specifically, the City Council desires to comprehensively amend Chapter

5.04 of Title 5, “Business Licenses and Regulations,” of the Stanton Municipal Code to provide a separate section each for the tax collection and the regulatory requirements; and
WHEREAS, the City Council further desires to consolidate all references to Exemptions in to once section; and
WHEREAS, the City Council desires to provide for the regulation of junk dealers and collectors operating within the City by creating a new Chapter 5.72 of Title 5, “Business Licenses and Regulations,” of the Stanton Municipal Code; and WHEREAS, on February 11, 2025, the City Council considered the staff report, recommendations by staff and the City Attorney, and public comment regarding amendments to Chapter 5.04 of Title 5 of the Stanton Municipal Code relating to business licenses and regulations; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1: The City Council finds that the ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15378(a) (the ordinance is not a “project” and has no potential for resulting in physical change to the environment, directly or indirectly) and 15061(b)(3) (there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment) (14 Cal. Code Regs.).

Item: 8A
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ORDINANCE NO. 1158

SECTION 2: Chapter 5.04 of Title 5 of the Stanton Municipal Code, entitled, “Licenses,” of Title 5 of the Stanton Municipal Code is hereby deleted in its entirety and restated to read in its entirety as follows:
“Chapter 5.04. Tax Receipts
§ 5.04.010. Tax Receipt required.

A. It is unlawful for any person, either for him or herself or for any other person, to commence, conduct, carry on, or engage in any business in this chapter specified, in the city without first having procured a tax receipt from the city so to do, or without complying with any and all regulations of such business contained in this chapter; and the carrying on of any business without first having procured a tax receipt from the city so to do, or without complying with any and all regulations of this chapter, constitutes a separate violation of this chapter for each and every day that such business is carried on or conducted.

B. When any person, by the use of signs, circulars, cards, telephone directories, social media, online marketing, or newspapers, advertises, holds out, or represents that he or she is commencing, conducting, carrying on, or engaging in business in the city, or when any person holds an active tax receipt or permit issued by a governmental agency indicating that he or she is commencing, conducting, carrying on, or engaging in business in the city, such facts shall be considered prima facie evidence that such person is commencing, conducting, carrying on, or engaging in business in the city.
§ 5.04.020. Branch establishments.

Separate tax receipts must be obtained for each branch establishment or location of the business engaged in, and such tax receipt shall authorize the recipient to engage only in the business activity thereby at the location or in the manner designated in such tax receipt; provided, that warehouses and distributing plants not opened to the public used in connection with and incidental to a business tax receipt shall not be deemed to be a separate place of business or branch established.
§ 5.04.030. Concessions.

Every person who operates any business, whether upon a cost, rental or commission basis, as a concession or upon rented floor space in or upon the premises of any person who received a tax receipt under any provision of this chapter shall be required to pay the tax and obtain a separate and independent tax receipt pursuant to the appropriate provisions of this chapter and shall be subject to all the provisions of this chapter.

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§ 5.04.040. Unlawful business.

The payment of a business tax and its acceptance by the city and the issuance of a tax receipt to any person shall not entitle the holder thereof to conduct any business in or on any building or premises designated in such tax receipt in the event that such building or premises is situated in a locality in which the conduct of such business is in violation of any law or ordinance, nor to conduct any business for which a permit is required as a prerequisite to the conduct of such business, nor to conduct any illegal or unlawful business.
§ 5.04.050. Tax receipt – a receipt.

The Business Tax Receipts issued under the authority of Chapter 5 of this Code are Receipts of payment of the business taxes levied on the privilege of carrying on or engaging in a business, profession or occupation under the City's taxing power. The Business Tax Receipts are not regulatory tax receipts issued under the City's police power. Provisions of a regulatory nature contained in Chapter 5 of this Code are placed in Chapter 5 as a matter of convenience only. Although a separate regulatory Business Tax Receipt is not issued, such provisions are imposed as conditions of an additional regulatory tax receipt imposed under the City's police power to regulate businesses, occupations, professions, trades, or callings in order to protect the public health, morals, safety and welfare.
§ 5.04.060. Exemption from license requirement.

A. The following are not required to pay a tax receipt:

1. Businesses, trades, callings, professions, exhibitions, or vocations exempt from municipal business licensing requirements by virtue of the Constitution and laws of the State or the United States;

2. Businesses, trades, callings, professions or vocations whose contact with the City is merely incidental to their business. “Incidental contact” includes, but is not limited to:
a. Traveling through the City limits on business without conducting a business transaction within the City,
b. Delivering packages or goods to an address located within the City where the remainder of the transaction occurred either outside of the City, or by mail, telephone or Internet,
c. Occasional meetings within the City between a client and a service provider whose office is located outside the City, and where the services are primarily rendered to the client from a location outside the City, d. The services of any doctor, lawyer, architect, or other professional person not having a fixed place of business within the City, who is called upon to come to the City to render service.

ORDINANCE NO. 1158

3. “Incidental contact” does not include the following:
a. Significant advertising or solicitation of business conducted within the City, b. Significant negotiation and execution of contracts, agreements, invoices, purchase orders and similar documents at a location within the City evidencing the sale of goods or services,
c. Delivering packages or goods to an address located within the City where other parts of the transaction also occur within the City (e.g., negotiation of sales price, signing of contract, exchange of goods for money, etc.).

4. Exemption from payment of tax. Although required to obtain a tax receipt, no license tax shall be required for the following:
a. Businesses, trades, callings, professions, exhibitions, or vocations exempt from municipal license taxes by virtue of the Constitution and laws of the State or the United States;
b. Any institution or organization which is conducted, managed, or carried on wholly for charitable purposes and from which profit is not derived, either directly or indirectly, by any individual; provided, however, the applicant shall furnish conclusive proof to the License Collector that such is the case; c. Any enterprise or entertainment when the receipts derived therefrom are to be appropriated to any church or school or to any religious, benevolent, or charitable purpose within the City;
d. Any person honorably discharged from the armed forces of the United States who peddles, hawks, or vends any goods permitted by law and exempt from license taxes by virtue of the laws of the State and who exhibits his or her authenticated papers; provided, however, no more than one license shall be issued to such applicant during any one year; e. Any person peddling, exclusively, fruit, vegetables, or other products raised upon his or her lands; provided, however, such person shall furnish conclusive proof to the License Collector that such products were raised by him or her on his or her lands before the issuance of a tax-exempt license, and such person shall carry the license with him or her; f. Any person engaged in citrus growing or other horticultural or agricultural pursuits, including persons engaged exclusively in the business of caring for, spraying, fumigating, fertilizing, or hauling such horticultural or agricultural products or engaged in other gainful occupation serving citrus growers, other horticulturists, and farmers, except packinghouses; and g. Any person who only commences, conducts, carries on, or engages in business within the territorial limits of the city with the city of Stanton, exclusively.

B. Tax exempt licenses. Licenses issued pursuant to the provisions of this section shall be issued in the same form and manner as other licenses but shall bear the words “Tax Exempt License” over the signature of the License Collector.

ORDINANCE NO. 1158

C. Any person claiming an exemption pursuant to this section shall file a sworn statement with the director of finance stating the facts upon which exemption is claimed, and in the absence of such substantiating statement, such person shall be liable for the payment of a tax receipt.

D. Regulatory provisions applicable. The provisions of this section shall not exempt any person from complying with the regulatory measures and provisions of this chapter, except the payment of the license taxes required. § 5.04.070. Compliance with ordinances.

Nothing contained within the provisions of this Chapter shall exempt any person from complying with other ordinances of the city.
§ 5.04.080. Application prerequisite—Form.

A. Before a tax receipt is issued to any person, he or she shall make written application therefor to the city upon a form to be provided by the city.

B. As part of the application, the applicant shall, at a minimum, sign a statement that if issued a tax receipt, the applicant shall accept responsibility for the conduct of all its employees, contractors, agents, and representatives.

C. Submission of an application for a tax receipt does not authorize the operation of a business. The city will not consider an application until it is deemed complete with all the information that the city may require to evaluate the application. § 5.04.090. Appeals of business tax decisions.

A. Any person aggrieved by any decision of the License Collector concerning the amount of such tax receipt taxes may appeal to the City Manager by filing a notice of appeal with the City Manager and providing reasons to support the appeal. The City Manager shall thereupon fix a time and place for hearing such appeal. The City Manager shall give notice to such person of the time and place of the hearing by serving it personally or by depositing it in the United States Post Office in Stanton, California, postage prepaid, addressed to such person at his last known address.

The City Manager shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter.

B. An applicant may appeal the denial of a business tax receipt from the City Manager to a hearing officer by filing with the city clerk a notice of appeal within fifteen days from the date the notice of denial was issued. The appeal shall set forth the reasons why the notice of denial should be overturned and shall also be filed with any applicable appeal fee, as adopted via council resolution. Upon receiving the appeal request, a hearing officer shall be selected using the criteria in Chapter 1.12. The ORDINANCE NO. 1158

hearing officer shall set a time and place for hearing the appeal and notify the applicant and city. At the de novo appeal hearing, the city and the applicant, business owner, or business operator may each provide testimony and evidence relating to why the appeal should be affirmed or denied. Within seven days of the conclusion of the hearing or any continued hearing, the hearing officer shall render a decision affirming or denying the business license denial, based on whether substantial evidence demonstrates that the grounds set forth in Section 5.04.206 have been met. The applicant, business owner, or business operator shall be given written notice of the hearing officer's decision by registered mail, and the notice shall state with specificity the reasons for the hearing officer's decision.

C. The action of the hearing officer shall be final and appealable to the Superior Court of the state of California pursuant to Code of Civil Procedure Section 1094.5. § 5.04.100. Statement for issuance of first tax receipt.

Every applicant for a first tax receipt shall furnish to the city a written statement containing such information as the city may require determining the classification of the applicant and any other information required by the City.
§ 5.04.110. Statement for issuance of renewal tax receipt.

The applicant for the renewal of a tax receipt shall furnish to the city a written statement containing such information as the city may require to determine the amount of the business tax to be paid by the applicant.
§ 5.04.120. Effect of statement.

No such statement shall be conclusive upon the city, nor prevent recovery of any tax properly due.
§ 5.04.130. Failure to make statement.

If any person required to make such statement shall fail to do so, such person shall be required to pay a tax at the maximum rate prescribed in this chapter for the business carried on by such person.
(Prior code § 5.04.240)
§ 5.04.140. Duty to issue tax receipt.

Upon compliance with this chapter and payment of the required business tax , it shall be the duty of the director of finance to issue a tax receipt and to state upon the face of each receipt the following:

ORDINANCE NO. 1158

A. The name of the person to whom the same is issued;
B. The kind of business;
C. The location of such business;
D. The date of expiration.
(Prior code § 5.04.250)
§ 5.04.150. Effect of mistake by city.

No mistake by the city in stating the amount of a business tax shall prevent the collection by the city of the amount properly due.
(Prior code § 5.04.260)
§ 5.04.160. Unpaid taxes as bar to further business activity.

No tax receipt for any succeeding, current or unexpired tax period shall be issued to any person who, at the time of application, is indebted to the city for any unpaid taxes. (Prior code § 5.04.270)
§ 5.04.170. Duplicate tax receipt—Fee.

Upon payment of a fee of five dollars, a tax receipt recipient whose tax receipt has been lost or destroyed shall be issued a new receipt.
(Prior code § 5.04.280)
§ 5.04.180. Transfer of tax receipt.

No tax receipt shall be transferred or assigned except that a tax receipt recipient may make a change in the fictitious business name.
(Prior code § 5.04.290)
§ 5.04.190. Time, place, medium of payment.

All business tax shall be paid in advance in lawful money of the United States at the office of the director of finance.
(Prior code § 5.04.300)
§ 5.04.200. Tax receipt period.

Except as otherwise provided in this chapter, all tax receipts required under this chapter shall be for terms and shall be due and payable as follows:

A. The term of annual tax receipts shall be one year, beginning January 1st of each year;
B. All taxes shall be due and payable on the first day of the term for which the tax is required.

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C. On July 1st of each calendar year the tax for the balance of the year for a new tax receipt shall be reduced by one-half.
(Prior code § 5.04.310)
§ 5.04.210. Posting and exhibiting tax receipt.

All tax receipts must be kept and posted in the following manner:

A. Any tax receipt recipient transacting and carrying on business at a fixed place of business in the city shall keep the tax receipt posted in a conspicuous place upon the premises where such business is carried on;
B. Any tax receipt recipient transacting and carrying on business but not operating at a fixed place of business in the city shall keep the tax receipt upon his person at all times while transacting and carrying on such business. § 5.04.220. Duty to enforce and investigate.

The director of finance, his or her deputies, the fire chief or designee, and all police officers of the city are appointed business tax receipt inspectors. They may investigate all places of business and all persons engaged in or carrying on any business in the city.

They shall enforce this chapter.
§ 5.04.230. Entry to inspect—Exhibition of tax receipt.

The director of finance, his or her deputies, the fire chief or designee and police officers may enter free of charge at any time any place of business for which a tax receipt is required and demand the exhibition of such tax receipt by any person in charge of such place of business; and if such person shall then and there fail to exhibit such tax receipt upon demand, then the person carrying on or engaging in such business shall be in violation of this chapter.
§ 5.04.240. Penalty for nonpayment of annual tax receipt.

A. Every annual business tax which is not paid by the last day of the month in which it is due shall be considered delinquent, and the director of finance shall impose an additional penalty of ten percent of the tax on the first day of the following month after the due date thereof. In the event the tax is not paid by the end of the following month, a like penalty of ten percent of the tax shall be added on the first day of each month thereafter until such tax and accumulated penalty shall be paid; provided, however, that the amount of such total penalty to be added shall not exceed fifty percent of the amount of the tax due.

B. Additionally, the City may recover the costs of enforcement, including but not limited to, third party collection costs in addition to the tax and penalty owed.

ORDINANCE NO. 1158

§ 5.04.250. Information to be confidential.

It is unlawful for the License Collector or any person having an administrative duty under the provisions of this chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided, that nothing in this section shall be construed to prevent:

A. The disclosure to, or the examination of records and equipment by, another City official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter, or collecting taxes imposed under this chapter;
B. The disclosure of information to, or the examination of records by, Federal or State officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena; C. The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any tax receipt tax liability of the particular taxpayers to the City;
D. The disclosure, after the filing of a written request to that effect, to the taxpayer himself, or to his successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the License Collector may refuse to make any disclosure referred to in this subsection when in their opinion the public interest would suffer thereby;
E. The disclosure of the names and addresses of persons to whom tax receipts have been issued, and the general type or nature of their business; F. The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of tax receipt taxes, or submits an offer of compromise with regard to a claim asserted against him by the City for tax receipt taxes, or when acting upon any other matter;
G. The disclosure of general statistics regarding taxes collected or business done in the City; and
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H. Any disclosure that is required by law.
§ 5.04.260. Statement filing and record keeping.

A. No statements submitted by the applicant shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable under this chapter.

Such statement and each of the several items therein contained shall be subject to audit and verification by the License Collector, their deputies, or authorized employees or representatives of the City, who are authorized to examine, audit, and inspect such books and records of any tax receipt or applicant for tax receipt, as may be necessary in their judgment to verify or ascertain the amount of tax receipt due.

B. All persons subject to the provisions of this chapter shall keep complete records of business transactions, including sales, receipts, purchases, and other expenditures, and shall retain all such records for examination by the License Collector. Such records shall be maintained for a period of at least three years. No person required to keep records under this section shall refuse to allow authorized representatives of the License Collector to examine such records at reasonable times and places.
§ 5.04.270. Tax receipt a debt due city.

Business tax and penalties are a debt to the city. Any person carrying on any business without having procured a tax receipt from the city is subject to action in the name of the city in any court of competent jurisdiction.
§ 5.04.280. Conviction for violation not waiver of tax receipt.

Conviction for violation of this chapter shall not excuse payment of any business tax. § 5.04.290. Duty to issue complaints.

City employees directed to enforce this chapter shall cause complaints to be issued against violators.
§ 5.04.300. Refunds.

A. On the order of the city council, any tax receipt or penalties, or portion thereof, may be refunded if there is a legitimate cause for a refund. Ordinarily, the legitimate cause will be that the taxpayer Paid an amount over the amount due.

B. Whenever a person desires a refund, it shall be a precondition to receiving a refund that a claim in writing be submitted, stating, under penalty of perjury, the specific grounds upon which the claim is founded. The claim shall be filed with the business ORDINANCE NO. 1158

tax administrator or the city clerk and shall be filed within one year of the date of payment. The claim shall be on forms furnished by either the tax administrator or the city clerk.
§ 5.04.310. Manufacturing, wholesaling.

Every person conducting, managing or carrying on a business at wholesale, and every person engaged in conducting, managing or carrying on a manufacturing business not otherwise specifically referenced by any other provision of this chapter shall pay an annual tax of twenty-eight dollars and four dollars for each employee. § 5.04.320. Retail sales and other businesses not specifically referenced.

Every person conducting, managing or carrying on any retail business or conducting, managing or carrying on the business of selling goods, wares and merchandise or any article or thing of value at retail and not otherwise specifically referenced by this chapter and every person conducting, managing or carrying on any business that is not specifically referenced by this chapter, shall pay an annual tax of twenty-eight dollars and four dollars for each employee.
§ 5.04.330. Determination of business classifications.

The determination of the class of business in which an applicant for a business tax receipt is deemed to be engaged shall be a ministerial task of the License Collector. § 5.04.340. Professional, semiprofessional- connected business.

Every person conducting, managing or carrying on any business, without regard to allocation of space within an enclosed building, enumerated in this section, or any combination thereof, shall pay an annual tax of twenty-eight dollars and four dollars for each employee. This section does not require a tax receipt from employees of other persons conducting, managing or carrying on any such business.

Abstractor of titles Designer
Accountant Draftsman
Advertising counsel Drugless practitioner
Agricultural advisor/counselor Electrical engineer
Appraiser Electrologist
Aquarian Employment agency
Architect or bureau
Assayer Geologist
Attorney at Law Herbalist
Auditor Insurance adjuster
Bail bond broker Interior decorator
ORDINANCE NO. 1158

If a professional or semiprofessional business is not listed, above, then the Director will make a similar use determination. For purposes of this chapter, "Professional services" means any professional services, as that term is ordinarily and commonly used and understood, wherein individuals are engaged in the business of offering to the public professional or semiprofessional services for compensation, and not specifically covered under any other part, chapter or section of this chapter, and shall include those professions generally requiring governmental certification or a professional degree. § 5.04.350. Rental units.

A. For the business of renting three or more apartments, houses or other rental units designed or primarily used for permanent or indefinite living purposes, the tax shall be ten dollars per year, and for each additional unit in excess of three, five dollars per unit.

B. For the business of renting three or more rental rooms, such as motel, hotel, retirement or any similar type of business, the tax shall be twenty-eight dollars per year, and for each additional unit in excess of three, two dollars per unit.

C. For the exclusive business of renting commercial unit for private storage, the tax shall be twenty-eight dollars per year, and for each additional unit in excess of three, two dollars per unit.

Certified public accountant Investment counselor
Chemical engineer Landscape architect
Chemist Lapidary
Chiropodist Mechanical engineer
Civil engineer Mortician
Claims adjuster Naturopath
Construction engineer Oculist
Consulting engineer Optician
Dealer in stocks, bonds or securities Optometrist
Dental laboratory Oral surgeon
Dentist Physician
Physician and surgeon Travel bureau
Real estate broker Tree removing
Sanitation engineer Tree surgery
Surgeon Tree trimming
Surveyor Veterinarian
Taxidermist
ORDINANCE NO. 1158

§ 5.04.360. Commercial and industrial properties.

Every person, firm or corporation managing commercial or industrial properties shall pay a tax of twenty-eight dollars annually. This section shall include vacant lots for storage purposes.
§ 5.04.370. Amount of tax receipt to be paid on fixed basis.

Annual taxes for the businesses named in the following sections are fixed as set forth in Chapter 5.04.
§ 5.04.380. Advertising structures.

A. Bus Stop Benches. All bus stop benches, with or without an advertising message stated thereon, shall be subject to a tax of twelve dollars per year.

B. Other. Other outdoor advertising structures, including billboards, shall be subject to a tax of fifty dollars per year for two or less structures and twenty-five dollars per year for each such structure in excess of two.

C. Exemptions. The provisions of this section shall not require a tax from any person maintaining a regular place of business within the city and advertising his or her own merchandise by a sign or billboard located on or attached to his or her own building; and no tax shall be required under this section from the owners of real estate in advertising their property for sale or lease by means of billboards located upon the property advertised for sale or lease.
§ 5.04.390. Amusements and amusement devices.

A. Amusement Machine or Game Machine. For every machine, including the renting, leasing or maintaining thereof, the tax shall be forty dollars per year. "Amusement machine" or "game machine" includes any sport or pastime played or operated with cards, dice, balls, checkers, counters, quoits, beans, spindles, tables, wheels or any other device, contrivance or apparatus, or any combination thereof, when machine or games are operated by inserting therein a coin or coins, slugs or replicas of coins.

1. Jukeboxes. For jukeboxes the tax shall be twenty dollars per year.

2. Bowling Alleys. For bowling alleys, the tax shall be twenty-eight dollars, plus ten dollars per alley, per year provided that the required taxes for amusement and game machines shall also be paid.

3. Pool or Billiard Centers.[1] Pool or billiard centers not having coin-operated tables shall pay a tax of twenty-eight dollars plus ten dollars per table, per year where no other business activity is carried on; provided further, that said centers shall also pay the required tax set forth in this section for any amusement or game machines.

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[1] Additional provisions on pool and billiard halls are found in Chapter 5.20 of this code.

B. Amusement Arcade. For amusement arcades, the tax shall be one hundred dollars per year, or fraction thereof. "Amusement arcade" is a building or part of a building open to the public that contains five or more coin- or token-operated pinball machines, video games, rides, shows or similar player-operated entertainment facilities and devices.

C. Carnival. For carnivals the tax shall be one hundred dollars per day, and an additional tax of ten dollars per day for each of the first five separate shows, attractions or exhibitions carried on by such carnival. "Carnival" is any group of attractions, such as ball games, dice games, whips, Ferris wheels or other riding devices, dancing shows, minstrels or any other like entertainment or game for which a charge is made for playing or participating therein.

D. Casual Entertainment. For casual entertainment the tax shall be fifty dollars per day for each burlesque show, revue or fashion show participated in by one or more employees, guests, customers or any other person or persons.

E. Circus. For circuses the tax shall be one hundred dollars per day, and an additional tax of ten dollars for every side show, provided that the maximum tax receipt for such side shows shall be one hundred dollars per day.

F. Circus Procession or Parade. For a circus procession or parade the tax shall be one hundred dollars per day, where such circus is conducted outside the city.

G. Live Entertainment Permit. For a live entertainment permit approved under variance or conditional use permit, the tax shall be one hundred fifty dollars per year.

H. Music or Sound Vehicles. For music or sound vehicles, the tax shall be five dollars per day.

I. Rides and Similar Concessions. For rides and similar concessions, the tax shall be ten dollars per day except that any ride or concession with a fixed place of business in the city for a period of one hundred twenty days or more shall pay one hundred fifty dollars per year.

J. Shows and Exhibitions. For shows and exhibitions the tax shall be twenty-eight dollars per day plus four dollars per day for each person working with such show or exhibition, including side shows, mystery, illusion, street, telescope, animal, bird, minstrel.

K. Miniature Golf Courses. For each miniature golf course, the tax shall be one hundred fifty dollars per year.

ORDINANCE NO. 1158

§ 5.04.400. Auctions.

Auctions shall pay twenty-eight dollars per day, or one hundred fifty dollars per year. § 5.04.410. Baths and/or massage parlors.

For every person conducting, managing or carrying on the business of giving steam baths, massage, electric light baths, show baths, electric tub baths, sponge baths, or operating any public bath which maintains in connection therewith a steam room, plunge, bath or sleeping accommodations, the tax shall be one hundred fifty dollars per year. § 5.04.420. Barbershops and beauty parlors.

Barbershops and beauty parlors shall pay twenty-eight dollars per year for the first chair or station and four dollars per year for each additional chair or station. § 5.04.430. Barber schools and beauty schools.

Barber schools and beauty schools shall pay one hundred fifty dollars per year. § 5.04.440. Boxing and wrestling exhibitions.

Boxing and wrestling exhibitions shall pay fifty dollars per day. § 5.04.450. Boats, buses, campers, automobiles, mobile homes, motorcycles, trailers, trucks, equipment and similar items.

Every person, firm or corporation regularly engaged in the rental or sale of new or used automobiles, boats, buses, campers, motorcycles, mobile homes, trailers, trucks, equipment and similar items shall pay an annual tax of one hundred dollars. § 5.04.460. Buses, taxicabs and ambulances.

A. Bus, ambulance and taxicab companies shall pay one hundred dollars per year plus five dollars for each vehicle used within the city.

B. A certificate of insurance, with the city named as an additional insured, shall be filed with the city with each application for a business tax receipt. The policy shall provide for comprehensive auto general liability insurance with a combined single limit of one million dollars.
§ 5.04.470. Billposting, signposting, directional signs.

Every person, firm or corporation carrying on the business of signposting, billposting or installing guide or directional signs, but not including sign painting, shall pay an annual tax of one hundred dollars.

ORDINANCE NO. 1158

§ 5.04.480. Contractors and subcontractors.

A. The term "contractor," "subcontractor," and "specialty contractor" are defined as they are used in the California Contractor's License Law.

B. Every person, firm or corporation conducting, managing, or carrying on the business of constructing, repairing, or adding to any house, buildings, or structures, as a general contractor, or who is licensed by the state as a general contractor, shall pay a tax of sixty dollars per year.

C. Every person, firm or corporation conducting, managing, or carrying on the business of electric wiring contractor, engaged in the business of installing electric wires and electric lighting or heating fixtures, or constituting a master electrician within the meaning of the electric code of the city, shall pay a tax of forty dollars per year.

D. Every person, firm or corporation conducting, managing, or carrying on the business of plumbing, lathing or plastering, cement, concrete, or brick work, as a contractor shall pay a tax of forty dollars per year.

E. Every person, firm or corporation conducting, managing, or carrying on any other line of contract business not mentioned herein, including all subcontractors, and specialty contractors shall pay a tax of forty dollars per year. § 5.04.490. Child-care centers, nursery schools, preschools.

If not exempt under state law, child-care centers, nursery schools and preschools shall pay twenty-eight dollars per year, plus four dollars for each child. § 5.04.500. Dancehall and occasional dance.

For dancehalls and occasional dances, the tax shall be:

A. Public dancing, one hundred fifty dollars per year;
B. Occasional dance, ten dollars per day.
§ 5.04.510. Dancing school or academy, etc.

Dancing, art, craft, skill or other such schools or academies shall pay twenty-eight dollars per year, plus four dollars for each student. The tax under this section shall not exceed three hundred dollars per year.
§ 5.04.520. Detective agencies and merchant police.

A. Every person engaged in, managing, operating or carrying on the business of private investigation for hire or reward or of supplying information as to the ORDINANCE NO. 1158

personal character, actions or identity, business or occupation of any person shall pay a tax of one hundred dollars per year.

B. Every person engaged in, managing, operating or carrying on the business of private policing or guarding of private places of business or recreation, shall pay a tax of one hundred fifty dollars per year.

C. Applications for permits shall state such facts as may be required by the council to show the good character, competency and integrity of the applicant and shall set forth the name, age and business address and residence of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names and addresses of its principal officers; or, if a partnership, association or unincorporated company, the names and addresses of the partners or of the persons comprising the association or company.
§ 5.04.530. Entertainment.

Concerts, lectures, motion pictures, or theatrical performances, or any similar type of entertainment not otherwise specifically referenced under this chapter where an admission fee is charged shall pay twenty-eight dollars per year plus fifteen cents per seat per year.
§ 5.04.540. Fire sales, bankrupt sales, closeout sales.

Fire sales, bankrupt sales, and closeout sales shall pay one hundred dollars per year, or fraction thereof.
§ 5.04.550. Handbills, samples, distribution of.

Every person, firm or corporation distributing samples or handbills shall pay an annual tax of forty dollars; provided, that this section shall not apply to any person, employee, agent or representative of any person who already has a city tax receipt as provided elsewhere in this chapter.
§ 5.04.560. Itinerant merchants.

A. Itinerant merchants shall pay ten dollars per day.

B. "Itinerant merchant" includes all persons, both principal and agent, who engage in a temporary or transient business in the city selling goods, wares or merchandise with the intention of continuing said business in the city for a period of not more than one hundred twenty days, and who, for the purpose of carrying on such business, hire, lease or occupy any room, building or structure for the exhibition or sale of such goods, wares or merchandise.

ORDINANCE NO. 1158

C. The provisions of this section shall not apply to commercial travelers, or selling agents, selling their goods to dealers, whether selling for present or future delivery, by sample or otherwise.
§ 5.04.570. Convalescent homes and rest homes.

Convalescent homes and rest homes shall pay an annual tax of one hundred dollars, plus two dollars for each bed.
§ 5.04.580. Junk dealer or collector.

A. For junk dealers, the tax shall be two hundred dollars per year, or fraction thereof.

B. "Junk dealer," as used in this Section, shall have the same definition as provided in Chapter 5.72.
§ 5.04.590. Mobile home parks.

Mobile home parks shall pay twenty-eight dollars plus two dollars per space per year.

Notwithstanding the foregoing, business taxes under this section shall not exceed the sum of seven hundred fifty dollars per year for any mobile home park. § 5.04.600. Peddler.

A. Peddlers selling at retail or wholesale, shall pay ten dollars per day.

B. "Peddler" is a person not having a fixed place of business in the city who travels from place to place, or has a stand upon any public street, alley or other public place, doorway of any room or building, unenclosed or vacant lot, who sells or offers for sale any goods, wares or merchandise in his or her possession. § 5.04.610. Newspapers.

For each daily, weekly, semi-weekly or monthly newspaper printed, published or circulated in the city, the annual tax shall be forty dollars. § 5.04.620. Photographers—Transient.

A. Transient photographers shall pay one hundred fifty dollars for a period of one year or any portion thereof.

B. "Transient photographer" is every person who photographs, solicits or takes orders for photographic work, and has no fixed place of business within the city. This section excludes persons engaged only in taking school pictured with the sanction of school authorities.

ORDINANCE NO. 1158

§ 5.04.630. Pawnbrokers.

Every person carrying on the business of pawnbroker shall pay an annual tax of three hundred dollars. For the purpose of this section, the term "pawnbroker" includes every person conducting, managing or carrying on the business of loaning money either for him or herself or for any other person, upon any personal property, personal security or purchasing personal property, and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this section shall apply to the loaning of money on personal property or personal security by any bank authorized to do so under the laws of the state or of the United States. § 5.04.640. Tool sharpener.
"Tool sharpener" is every person who travels from house to house or place to place for the purpose of grinding or sharpening scissors, knives, cutlery or mechanical tools, and has no fixed place of business within the city. The tax for a tool sharpener shall be as follows:

A. When operating on foot, ten dollars per year, or fraction thereof; B. When operating by any motor vehicle, twelve dollars per year or fraction thereof. § 5.04.650. Private postal delivery.

Every person, firm or corporation engaged in private postal service shall pay an annual tax of one hundred dollars per year plus four dollars per employee. § 5.04.660. Vehicle wheel tax.

A. Foods. Every person engaged in, managing, conducting or carrying on the business of selling at retail or to the ultimate consumer, or to persons, firms or corporations not regularly engaged in or carrying on such lines of business, from trucks, or other vehicles, meals, game, poultry, fish, honey, cheese, coffee, pickles, fruits, vegetables, groceries, bread, crackers, cake, pies, bakery goods, ice cream, frozen malts, frozen confections, or other products not specified in any other section of this chapter, and operating from other than a fixed place of business in the business or industrial zone, and which business is not upon the tax rolls of the city, shall pay forty dollars per year.

B. Milk Route From Outlying Source. Every person engaged in, managing, conducting or carrying on the business of selling or delivery at retail or to the ultimate consumer, or to any person, firm or corporation not regularly engaged in or carrying on such line of business, milk, cream or dairy products, and operating from other than a fixed place of business in the business or industrial zone and which business is not upon the tax rolls of the city, shall pay forty dollars per year.

ORDINANCE NO. 1158

C. Laundries, Dry Cleaning. Every person engaged in, operating, managing, or conducting a laundry, or cleaning, sponging, pressing or dry cleaning business from other than a fixed place of business within the city, and who carries on or engages in the business of collecting laundry or soliciting orders for laundry business in the city, or cleaning, sponging, pressing, or dry cleaning, shall pay the sum of forty dollars per year.
§ 5.04.670. Coin-operated machines.

A. Vending Machines Owned and Operated by Vendors. Every person, firm or corporation whose business is limited exclusively to renting, leasing or operating coin-operated vending machines shall pay an annual tax based on prior year's gross receipts of business conducted within the city.

B. Coin-Operated Laundry Equipment Owned and Operated by Vendors. Every person, firm or corporation whose business is limited exclusively to renting, leasing or operating coin-operated laundry equipment shall pay an annual tax based on prior year's gross receipts of business conducted within the city.

C. Rates. The gross receipts rates for businesses subject to the provisions of subsections A and B of this section shall be as follows:

D. Postage Machines. Every person, firm or corporation conducting the business of selling postage stamps by a coin operated machine, shall pay an annual tax of five dollars per machine.

E. Laundry Machines Not Owned and Operated by Vendors. Every person, firm or corporation conducting a business utilizing coin-operated washers, dryers, dry cleaning machines, soap dispensers, bleach dispensers and other similar devices, shall pay an annual tax of twenty-eight dollars plus two dollars per machine.

F. Other Machines. Every person, firm or corporation conducting a business of operating any coin-operated machine not specifically subject to tax by the provisions of subsections A through E of this section shall pay an annual tax for each machine as follows:
$ 28.00 $ 1 to $ 10,000

40.00 10,001 to 15,000

60.00 15,001 to 25,000

85.00 25,001 to 50,000
125.00 50,001 to 75,000
175.00 75,001 to 100,000
Maximum tax $750.00 Plus 15¢ for each additional $1,000 ORDINANCE NO. 1158

Machines requiring the insertion of less than five cents $2.00 Machines requiring the insertion of five cents to nine cents $5.00 Machines requiring the insertion of ten cents or more $10.00 § 5.04.680. Fortunetelling, hypnotism, etc.

Every person who carries on the practice of or who professes to practice the profession or art of palmistry, phrenology, card reading, fortunetelling, hypnotism or mediumship, psychic reading, or other similar professions or arts, and who demands or receives any fee or donation, or collects money for such practice, exercise or exhibition of his art therein, or who gives an exhibition thereof at any place in the city shall pay five dollars per day.
§ 5.04.690. Tip sheets.

Every person who by any means engages in the business or practice of disseminating, distribution, passing out, giving away, handing out, selling, offering for sale, or soliciting for the sale of any sheet, dodger, handbill, circular letter, booklet, or any other printed, typewritten, mimeographed or written matter of any kind pertaining to any horse race, choice of horse or horses, recommending any horse or horses, or giving or conveying any information about any horse race or contest of endurance or speed between horses or beasts, whether at a fixed place of business within the city, or otherwise, shall pay an annual tax of one hundred dollars. The number of persons allowed to distribute such material under any one tax receipt shall not exceed two persons during any day. § 5.04.700. Technical or trade schools.

Technical or trade schools shall pay a tax of one hundred fifty dollars per year. § 5.04.710. Public utilities.

Any public utility operating in the city under a franchise from the city, or applicable therein, and who makes franchise payments thereunder, is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered by the franchise in the city.
§ 5.04.720. Business tax—No regular place of business.

Any person engaged in business in the city, without having a fixed and established place of business within the city, shall pay forty dollars per year, or any fraction thereof. § 5.04.730. Penalty for violation.

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter.

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B. Any person violating any provision hereof shall be charged in accordance with Section 1.04.085 of this code and upon conviction shall be punished in accordance therewith.
§ 5.04.740. Administrative Rules.

The Finance Director of the City may make such rules and regulations as are not inconsistent with the provisions of this Chapter of the Municipal Code as are necessary or desirable to aid in the enforcement and administration of the provisions of said Chapter.

When, by reason of the provisions of the Constitution of the United States or the Constitution of the State of California, the business tax imposed by this Chapter cannot be enforced without there being an apportionment according to the amount of business done within the City, or in the State, as the case may be, the Finance Director may make such rules and regulations for the apportionment of the taxes as are necessary or desirable to overcome the constitutional objections. Such rules, regulations, and apportionment thereunder shall be approved by the City Attorney prior to becoming effective.
§ 5.04.750. Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of this city declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.”
SECTION 3: A new Chapter 5.06, entitled “Regulations,” is hereby added to Title 5 of the Stanton Municipal Code, to read in its entirety as follows:
“Chapter 5.06 Regulations
§ 5.06.010 Permits or licenses required.

A. No license shall be issued when the provisions of this chapter or of some other ordinance of the city require a permit to be obtained as a prerequisite to engaging in or conducting such business, until such permit is first applied for and obtained.

Any license issued in violation of the provisions of this section shall be void.

B. No person, association, or organization shall conduct, manage, or carry on such entertainment, concert, exhibition, lecture, or dance, without first obtaining a permit from the council.

ORDINANCE NO. 1158

C. It is unlawful for any person, firm, or corporation to engage in, conduct, manage or carry on any of the following businesses, practices, professions, or occupations within the city without first having obtained a license from the council. The activities and businesses for which a permit from the council is required are those designated in Section 5.04.080, Sections 5.04.310 through 5.04.340, subsections B through J of Section 5.05.390, Section 5.04.400, and Sections 5.04.410,

5.04.440, 5.04.460, 5.04.500, 5.04.520, 5.04.530, 5.04.540, 5.04.620, and

5.04.630.
§ 5.06.020 Verification of past conduct.

Every person who seeks a business license from the city pursuant to this chapter shall be required to file a verified statement with the city, signed under penalty of perjury, that:

A. The person or the business entity has not been convicted in a court of competent jurisdiction of any crime or misdemeanor or felony offense which directly relates to the operation or conduct of a business of the same or substantially same type as the business for which a license is sought from the city in the three years immediately preceding the date of the business license application; and B. The person or the business entity has not had revoked any business license or any establishment, owner, or operator license or permit for a business of the same or substantially same type as the business for which a license is sought from the city in the three years immediately preceding the date of the business license application.
§ 5.06.030 Grounds for denial, suspension, or revocation.

A. The city shall have grounds to deny the issuance of a business license or suspend or revoke an existing business license when:

1. The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety laws of the state or city;

2. The business or any of the business activities or operations is prohibited by any local or state law, statute, rule or regulation, or the business is prohibited in the particular location or zone by any law, statute, rule, or regulation;

3. The applicant has made any false, misleading or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the city;

4. The applicant has failed to verify past conduct, as provided in subsections A and B of Section 5.06.020, or has made any false statement related to such verification;

5. The applicant, his or her business entity, or the business's owner, operator, or manager has been convicted in a court of competent jurisdiction of any crime or misdemeanor or felony offense which directly relates to the operation or ORDINANCE NO. 1158

conduct of a business of the same or substantially same type as the business for which a license is sought from the city in the three years immediately preceding the date of the business license application; or

6. The applicant, his or her business entity, or the business's owner, operator, or manager has had revoked any business license or any establishment, owner, or operator license or similar permit for a business of the same or substantially same type as the business for which a license is sought from the city in the three years immediately preceding the date of the business license application.

B. The city shall also have grounds to suspend or revoke a business license when:

1. The applicant, his or her business entity, or the business's owner, operator, or manager has been convicted in a court of competent jurisdiction of any crime or misdemeanor or felony offense which directly relates to the operation or conduct of the business for which the business license was granted by the city;

2. At least two verified police reports of a disturbance of the peace, disorderly conduct, or similar violations, or citations or arrests have been made regarding the business within the immediately preceding twelve-month period;

3. The applicant, his or her business entity, or the business's owner, operator, or manager is found to have committed a crime involving moral turpitude which is substantially related to the business activity for which the license was issued.

For purposes of this criteria, a verified complaint(s), code enforcement report(s), police report(s), or other similar evidence may be used as support that a crime was committed; or

4. Any employee, contractor, agent, or representative is found to have committed a crime involving moral turpitude at the business premises that is substantially related to the business activity for which the license was issued. For purposes of this criteria, a verified complaint(s), code enforcement report(s), police report(s), or other similar evidence may be used as support that a crime was committed.

C. For purposes of this chapter, a "nolo contendere" plea shall be deemed a conviction.

D. The city, in its sole and absolute discretion, shall have the authority to determine whether a suspension or revocation is appropriate, in the interest of the public health, welfare, and safety.
§ 5.06.040 Appeals from denial of business license.

A. An applicant may appeal the denial of a business license to a hearing officer by filing with the city clerk a notice of appeal within fifteen days from the date the notice of denial was issued. The appeal shall set forth the reasons why the notice of denial should be overturned and shall also be filed with any applicable appeal fee, as adopted via council resolution. Upon receiving the appeal request, a ORDINANCE NO. 1158

hearing officer shall be selected using the criteria in Chapter 1.12. The hearing officer shall set a time and place for hearing the appeal and notify the applicant and city. At the de novo appeal hearing, the city and the applicant, business owner, or business operator may each provide testimony and evidence relating to why the appeal should be affirmed or denied. Within seven days of the conclusion of the hearing or any continued hearing, the hearing officer shall render a decision affirming or denying the business license denial, based on whether substantial evidence demonstrates that the grounds set forth in Section 5.06.030 have been met. The applicant, business owner, or business operator shall be given written notice of the hearing officer's decision by registered mail, and the notice shall state with specificity the reasons for the hearing officer's decision.

B. The action of the hearing officer shall be final and appealable to the Superior Court of the state of California pursuant to Code of Civil Procedure Section 1094.5. § 5.06.050 Canvassers and solicitors.

A. "Canvasser" or "solicitor" means any person not having an established place of business in the city, who for him or herself or as agent for another goes from place to place, and from house to house, in the city soliciting or procuring the sale or other disposition of any merchandise or services or for the purpose of obtaining information of any nature whether for the purpose of selling merchandise or services or otherwise, and whether or not any moneys are advanced; or who for him or herself, or as agent for another, by telephone or by any other means of communication solicits the retail sale of any goods, wares, merchandise, services or other things of value for future delivery, not otherwise licensed under the provisions of this chapter and not having a regularly established place of business within the city.

B. It is unlawful for any canvasser or solicitor to go from place to place or from house to house or to solicit by telephone or other means of communication for the purpose of soliciting or procuring the sale or the disposition of any merchandise, or for the purpose of obtaining information of any nature, whether for the purpose of selling merchandise or services or not, and whether or not any money is advanced on any such orders or sales, without first having procured a written permit from the chief of police authorizing the same.

To obtain such permit, each canvasser or solicitor, as defined in this section, shall appear personally before the chief of police and file a written application for such permit, giving the name and address of the applicant and such other information as the chief of police shall require. No permit shall be issued by the chief of police to any person who cannot show by written instrument or other evidence satisfactory to the chief of police that such person so applying for a permit under this section is a bona fide canvasser or solicitor as defined in this section.

ORDINANCE NO. 1158

C. Persons engaging in the following activities do not need a permit and are exempt from the requirements of this Section:

1. Those seeking to obtain contributions or to sell any goods, articles or services of any kind for the support or benefit of any charitable, religious or political purpose; or on behalf of any non-profit association, organization, corporation or project;

2. Those seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;

3. Those seeking to obtain, from an occupant of any residence or business, an indication of the occupant's belief in regard to any political or religious matter;

4. Those seeking to obtain donations made incidental to canvassing door-to-door on behalf of any charitable, religious or political purpose; or on behalf of any non-profit association, organization, corporation or project;

5. Those who engage in solicitation solely as an incident to the conduct of any regular retail route licensed by the city.

D. Except by permission of the city council, no person shall solicit other than during daylight hours. The term "daylight hours" is defined as a period from one-half hour before sunup to one-half hour after sunset.

E. Any person, firm or corporation either employing or contracting with one or more persons, to solicit the retail sale of any goods, wares, merchandise, service or other things of value and not otherwise licensed by the city and not having a regularly established place of business within the city may obtain a principal solicitor's license on payment of a business tax of one hundred fifty dollars annually, plus four dollars for each solicitor.

The director of finance shall not issue such license until the applicant has filed with the city a list of all solicitors employed by the applicant or with whom the applicant has contracted and has signed an agreement to notify the city in writing within five days following any change in solicitors.

F. Each applicant, before a license is issued to him or her, shall furnish the city with his or her sales tax number and a written agreement to report on his or her sales tax return the amount of receipts from sales in the city and from sales for use in the city.

G. Every solicitor who is not operating under a principal solicitor's license shall pay a business tax of seventy-five dollars per year.
§ 5.06.060. Business license revocation procedure.

A. If the city manager or designee determines that there are grounds to revoke a business license, as provided under Section 5.06.030, the city manager or designee may provide a notice of revocation to the business owner or operator.

ORDINANCE NO. 1158

The notice shall state the reasons why the business license is being considered for revocation, and a hearing officer shall be selected using the criteria in Chapter 1.12 to determine whether the business license should be revoked. Within forty-five days of a hearing officer being selected, the hearing officer shall provide the city and business owner or operator a notice of hearing before the hearing officer, providing the date and time of the revocation hearing. The notice of hearing shall be provided to the business owner or operator at least seven days before the hearing. At the de novo revocation hearing, the city and the business owner or operator may each present evidence supporting why the business license should or should not be revoked. The hearing officer shall consider the evidence and decide whether to revoke the business license. The hearing officer shall not revoke the business license if substantial evidence demonstrates that the criteria in Section 5.06.030 has not been met. The hearing officer may revoke the business license if substantial evidence demonstrates that the criteria in Section 5.06.030 has been met. Within ten days of the hearing or continued hearing, the hearing officer shall provide a notice of decision to the city and the business owner or operator. The action of the hearing officer shall be final and appealable to the Superior Court of the state of California pursuant to Code of Civil Procedure Section 1094.5.

B. The city's remedies, as provided in this section, are in addition to any other legal, civil, or administrative remedies provided under this code.” SECTION 4: A new Chapter 5.72, entitled “Junk Dealers or Collectors,” is hereby added to Title 5 of the Stanton Municipal Code, to read in its entirety as follows:
“Chapter 5.72 Junk Dealers or Collectors.
§ 5.72.010 Purpose.

It is the purpose and intent of this chapter for the city council to exercise its police powers, derived from Section 7 of Article XI of the California Constitution and state law, to promote the health, safety, and general welfare of the residents and businesses of the city of Stanton by regulating junk dealers and collectors operating within the city’s jurisdiction. § 5.72.020 Definitions.

For purpose of this chapter, the following definitions apply:

A. “Fixed or established place of business” means and includes any place in the City actually occupied continually by a person engaged in the business of a junk dealer where the books and records of such person are kept, and at which a large share of the business of such person is transacted.

B. “Junk” means any scrap metals, glass, papers, cans, cordage, disbanded or inoperative motor vehicles, or any other waste or discarded materials commonly known as junk, which may be treated or prepared so as to be used again in some ORDINANCE NO. 1158

other form, or for a purpose other than that for which it was originally made.

C. “Junk collector” means and includes any person carrying on, managing, or employed in the business of going from house to house, or from place to place in the City, collecting or buying junk in small quantities.

D. “Junk dealer” means and includes any person having a fixed place of business within the City and engaged in the business of buying, selling, or otherwise dealing in junk, either at wholesale or retail.

E. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
§ 5.72.030 Permit required.

A. No person shall engage in, manage, conduct, or carry on the business of a junk dealer without a permit, in a form provided by the city. A fee, in an amount as established in Chapter 5.04, must be paid prior to issuance of such permit.

B. Nontransferable. No permit authorized by this chapter shall be transferable to, or used by, a person not named in the permit. All permits issued pursuant to this chapter expire one year from the date of issuance.
§ 5.72.040 Prohibition.

A. Prohibited activity. Junk collection is expressly prohibited in all zones. No person shall carry on, manage, or be employed as a junk collector anywhere within the City, nor will the City issue any permit or license for such activity.

B. Exceptions. This section shall not apply to the collection of junk from place to place, where such activity is connected to the valid operation of an authorized junk dealer or other business with a fixed place of business in or out of the City. § 5.72.050 Operating requirements.

A. No person shall carry on the business of junk dealer within the City between the hours of seven p.m. and eight a.m. the following day.

B. No person shall carry on the business of junk dealer in a manner that will result in litter on public or private property.

C. No junk dealer shall alter, clean, repair, paint, change the appearance of or sell or otherwise dispose of any goods or other things within seven (7) days after the purchase or receipt of them. No junk shall alter, clean, repair, paint or change the appearance of or sell or otherwise dispose of any goods or other things that are salable for or fit for use for the purpose for which originally made or intended, within ORDINANCE NO. 1158

twenty-one (21) days after the purchase or receipt of them. This provision does not apply to goods or things purchased from any dealer or tradesman who is duly licensed to operate such business in the City.

D. Every junk dealer shall keep all such goods or other things accessible to the inspection of the Chief of Police or any Police Officer in the pursuit of official duties.

Every junk dealer, on the demand of the Chief of Police or Police Officer, shall display and exhibit such goods or other things to the Chief of Police or Police Officer.
§ 5.72.060 Suspension, revocation, and nonrenewal.

A. The Community and Economic Development Director may suspend, revoke, or refuse to renew a permit authorized by this chapter in the event a permittee fails to comply with the requirements of this chapter or any other provision of the city’s municipal code.

B. Appeals. Any person aggrieved by any decision to suspend, revoke, or refuse to renew a permit may appeal to the City Manager by filing a notice of appeal with the City Manager and providing reasons to support the appeal. The City Manager shall thereupon fix a time and place for hearing such appeal. The City Manager shall give notice to such person of the time and place of the hearing by serving it personally or by depositing it in the United States Post Office in Stanton, California, postage prepaid, addressed to such person at his last known address. The City Manager shall have the authority to determine all questions raised on such appeal.”
SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6: The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Stanton, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.

PASSED, APPROVED, AND ADOPTED this 25th day of February, 2025.

DAVID J. SHAWVER, MAYOR
ORDINANCE NO. 1158

ATTEST:

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

HONGDAO NGUYEN, CITY ATTORNEY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1158 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 11th day of February, 2025 and was duly adopted at a regular meeting of the City Council held on the 25th day of February, 2025, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1160

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING

THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF STANTON AND STANTON 2.0 LLC FOR CERTAIN REAL PROPERTY LOCATED AT 12331-12435

BEACH BOULEVARD WITHIN THE CITY OF STANTON PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ. AND MAKING CEQA FINDINGS IN

CONNECTION THEREWITH
WHEREAS, in November 2020, Chris Segesman representing Bonanni Development, (“Owner”) filed applications for a Site Plan and Design Review SPDR-807, Planned Development Permit PDP 20-04, and Development Agreement DA 20-03, for the development of a 3.75-acre site (“Project Site”), located at 12331-12435 Beach Boulevard (APN: 131-361-14, 131-361-10, and 131-361-03, consolidated by LLA 20-01; Instrument No. 2021000209655) for a new 321 multi-family residential unit development and associated improvements (“Project” or “Cloud House Development”); and WHEREAS, the Owner proposed to develop the Project Site located in the City, more particularly described in Exhibit “A” to Ordinance No. 1105 and incorporated herein by this reference (“Property”) for the Project; and
WHEREAS, pursuant to California Government Code section 65864 et seq., the City is authorized to enter into development agreements providing for the development of land under terms and conditions set forth therein; and
WHEREAS, on September 22, 2020, the City of Stanton (“City”) entered into the Development Agreement No. 20-03 with Owner (Instrument No. 2022000194588, incorporated herein by this reference (“Cloud House Agreement”), and adopted Ordinance No. 1105; and
WHEREAS, the Development Agreement was assigned to Stanton 2.0 LLC (“Developer”) in or around May 2022; and
WHEREAS, the Cloud House Development Agreement requires the Cloud House Developer to pay the City development impact fees and certain public impact fees concurrently with the issuance of the certificate of occupancy for the Cloud House Development; and
WHEREAS, over the past few years, the Developer and its Cloud House project experienced significant financial burden due to the global pandemic and its lingering effects, including supply chain disruptions, manpower issues, uncontrollable constructions costs, and the rapid rise of interest rates; and WHEREAS, the Development Agreement between the City and Developer allows the parties to agree to an alternative payment schedule; and Item: 8B
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WHEREAS, the City and Developer wish to enter into an alternative payment schedule for the public benefits and development impact fees required by the Cloud House Development Agreement in acknowledgement of the financial difficulties of the Project and to ensure that the City receives a reasonable rate of return on the outstanding balance to ensure its financial security; and
WHEREAS, the City Council has found that this amendment to the Cloud House Agreement is consistent with the City's General Plan; and WHEREAS, the City Council has determined that by entering into the amendment to the Cloud House Development Agreement, the City will ensure that the City public benefits fees and development impact fees are timely paid to assist with the orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan. Additionally, the amendment to the Cloud House Development Agreement will ensure the City receives financial security through collection of all outstanding fees from Developer with reasonable interest; and WHEREAS, the City and Developer have reached mutual agreement and desire to voluntarily enter into this amendment to the Cloud House Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein; and
WHEREAS, pursuant to Stanton Municipal Code Section 20.510.060, a development agreement may be amended using the same procedure for entering into the agreement and therefore, the Planning Commission is responsible for making a recommendation to the City Council regarding adopting this Ordinance; and WHEREAS, on February 5, 2025, the Planning Commission of the City of Stanton conducted a duly noticed public hearing concerning the request to approve the amendment to the Cloud House Development Agreement, at which hearing members of the public were afforded an opportunity to comment upon the amendment to the Cloud House Development Agreement. At the conclusion of the hearing, the Planning Commission recommended that the City Council adopt proposed Ordinance No. 1160; and
WHEREAS, on February 11, 2025, the City Council of the City of Stanton conducted a duly noticed public hearing concerning the request to approve the amendment to the Cloud House Development, at which hearing members of the public were afforded an opportunity to comment upon the amendment to the Development Agreement; and WHEREAS, on February 25, 2025, the City Council of the City of Stanton held a second reading of proposed Ordinance 1160 and voted to approve the amendment to the Cloud House Development; and
WHEREAS, the terms and conditions of the amendment to the Cloud House Development Agreement have undergone review by the City Council at a publicly noticed hearing and have been found to be fair, just, and reasonable, and consistent with the General Plan; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1: The above recitals are incorporated herein and made a part hereof.

SECTION 2: The City Council finds that the amendment to the Cloud House Development Agreement does not, in any way, affect the previously approved Project, and involves only matters related to administrative activities such as the collection of outstanding fees and issuance of certificates of occupancy. Therefore, the City Council finds that the adoption of the amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 5060(c)(2), 5061(b)(3), and 15378(b)(5). Additionally, the City Council previous found that the Project was categorically exempt from environmental review pursuant to State CEQA Guidelines, section 15332. The City Council further found that none of the exceptions to the exemptions outlined in State CEQA Guidelines, section 15300.2 applied to the Project SECTION 3: Pursuant to Government Code Section 65867.5(b) and Stanton Municipal Code Sections 20.510.050(D) & 20.510.060, and based on the entire record before the City Council, the City Council hereby makes the following findings:

1. Public Benefit: The amendment to the Cloud House Development Agreement provides benefit to the City because it ensures that the City will have the ability to collect the outstanding City Facilities Fees, Beautification Fees, and Development Impact Fees associated with the Cloud House Development Agreement through this contract amendment. The City ensures a financial benefit and security for the improvement of public facilities throughout the City because the outstanding public benefit and impact fee amounts will be assessed interest until the balance is paid in full.

2. General Plan, Specific Plan, and Zoning Code Consistency: The amendment to the Cloud House Agreement does not make any changes to the previously approved Project. The amendment solely focuses on ensuring that the City recovers all City Facilities Fees, Beautification Fees, and Development Impact Fees associated with the Cloud House Development Agreement. The amendment ensures financial security for the City and further opportunities for the improvement of public facilities throughout the City, which is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable Specific Plan, and this Zoning Code.

3. Compliance with Development Agreement Statute. The amendment to the Cloud House Development Agreement complies with the requirements of Government Code Sections 65864 through 65869.5 because the amendment does not alter any previously approved provision of the Project. The Cloud House Development Agreement still provides assurance to the applicant for the development of the Project, while the City will ensure the collection of the City Facilities Fees, Beautification Fees, and Development Impact Fees owed under the Cloud House Development Agreement.

SECTION 4: Pursuant to Stanton Municipal Code Section 20.510.060, a development agreement may be amended using the same procedure for entering into the agreement and therefore, the City Council is the approving body for adopting this Ordinance.

SECTION 5: The City Council hereby approves and adopts the Amendment to the Cloud House Development Agreement attached hereto as Exhibit "A", entitled, "First Amendment to Development Agreement between the City of Stanton and Stanton 2.0 LLC".

SECTION 6: The documents related to this Ordinance are on file and available for public review at Stanton City Hall, 7800 Katella Ave., Stanton, California 90680. The City Clerk is the custodian of these documents.

SECTION 7: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8: This Ordinance shall be effective thirty days after its adoption. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code Section 65868.5, within 10 days following the entering into of the amendment to the Development Agreement, as evidenced by full execution thereof, the City Clerk shall record with the Orange County Recorder a copy of the amendment to the Development Agreement.

SECTION 9: The City Council hereby directs staff to prepare and file a Notice of Exemption with the Orange County Clerk within five (5) working days of the approval of the Ordinance.

PASSED, APPROVED, AND ADOPTED this 25th day of February 2025.

DAVID J. SHAWVER, MAYOR
ATTEST:

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

HONGDAO NGUYEN, CITY ATTORNEY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS .

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, do hereby certify that the foregoing Ordinance No. 1160 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 11th day of February 2025, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 25th day of February 2025, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_____________________________

CITY CLERK, CITY OF STANTON
EXHIBIT “A”
FIRST AMENDMENT TO THE CITY OF STANTON AND STANTON 2.0 LLC

DEVELOPMENT AGREEMENT

RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO:

City of Stanton
7800 Katella Ave.,
Stanton, California 90680
Attn: City Manager
Fee Exempt - Gov’t Code §6103
(Space above for Recorder’s Use)
First Amendment to the
Development Agreement Between
the City of Stanton and Stanton 2.0 LLC
This First Amendment is entered into by and between the City of Stanton, a California municipal corporation (“City”), and Stanton 2.0 LLC, a California limited liability company (“Owner”) on February 25, 2025, 2025 (“First Amendment”). The City and Owner are sometimes referred to in this First Amendment as “Party” and “Parties.” Recitals
A. In November 2020, Chris Segesman representing Bonanni Development, (“Owner”) filed applications for a Site Plan and Design Review SPDR-807, Planned Development Permit PDP 20-04, and Development Agreement DA 20-03, for the development of a 3.75-acre site (“Project Site”), located at 12331-12435 Beach Boulevard (APN: 131-361-14, 131-361-10, and 131-361-03, consolidated by LLA 20-01; Instrument No. 2021000209655) for a new 321 multi-family residential unit development and associated improvements (“Project” or “Cloud House Development”).

B. The Owner proposed to develop the Project Site located in the City, more particularly described in Exhibit “A” to Ordinance No. 1105 and incorporated herein by this reference (“Property”) for the Project.

C. Pursuant to California Government Code section 65864 et seq., the City is authorized to enter into development agreements providing for the development of land under terms and conditions set forth therein.

D. On September 22, 2020, the City of Stanton (“City”) entered into the Development Agreement No. 20-03 with Owner (Instrument No. 2022000194588, incorporated herein by this reference (“Cloud House Agreement”), and adopted Ordinance No. 1105. The Development Agreement was assigned to Stanton 2.0 LLC (“Developer”) in or around May 2022.

E. The Cloud House Development Agreement requires the Cloud House Developer to pay the City development impact fees and certain public impact fees Exhibit: A
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concurrently with the issuance of the certificate of occupancy for the Cloud House Development.

F. Over the past few years, the Developer and its Cloud House project experienced significant financial burden due to the global pandemic and its lingering effects, including supply chain disruptions, manpower issues, uncontrollable constructions costs, and the rapid rise of interest rates.

G. The City and Developer wish to enter into an alternative payment schedule for the public benefits and development impact fees required by the Cloud House Development Agreement in acknowledgement of the financial difficulties of the Project and to ensure that the City receives a reasonable rate of return on the outstanding balance to ensure its financial security.

A. Pursuant to Stanton Municipal Code Section 20.510.060, a development agreement may be amended using the same procedure for entering into the agreement.

This process and procedure has been satisfied.

Terms
The Parties agree to the following terms:

1. Recitals. The recitals included at the beginning of this First Amendment are true and correct and are made a part of this First Amendment

2. Amendment. Section 4.2, “Public Benefits,” of the Cloud House Development Agreement is hereby amended in its entirety and restated to read as follows (deletions in strikethrough, and added language double underlined):
“4.2 Public Benefits. In addition to complying with the Project conditions of approval which are designed to mitigate the significant environmental impacts of the Project, Owner has committed by this Agreement to contribute to CITY the following "Public Benefits."

4.2.1 OWNER shall pay a fee in the amount of three thousand dollars ($3,000) (the “City Facilities Fee”) for each Unit constructed as part of the Project The City Facilities Fee shall be due in accordance with the schedule provided in Subsection

4.3.4concurrently with the issuance of the certificate of occupancy for the Project, unless a different schedule is mutually agreed upon by CITY and OWNER.

4.2.2 OWNER shall also pay a fee in the amount of fifty thousand dollars ($50,000) (the “City Beautification/Enhancements Fee”). The City Beautification/Enhancements Fee shall be due in accordance with the schedule provided in Subsection 4.3.4concurrently with the issuance of the certificate of occupancy for the Project, unless a different schedule is mutually agreed upon by CITY and OWNER, and may be used by CITY in its sole discretion for beautification and enhancement projects anywhere within the City, including without limitation landscaping projects.”

3. Amendment. Section 4.3, “Development Impact Fees,” of the Cloud House Development Agreement is hereby amended in its entirety and restated to read as follows (deletions in strikethrough, and added language double underlined):
“4.3 Development Impact Fees.

4.3.1 Amount of Fee. OWNER shall pay all Development Impact Fees in effect on the Effective Date. As of the Effective Date, the Development Impact Fees are one thousand forty-nine dollars ($1,049) per Unit built in the Project.

4.3.2 Reserved. Time of Payment. The fees required pursuant to Subsection 4.3.1 shall be due and paid to CITY concurrently with the issuance of the certificate of occupancy for the Project.

4.3.3 Prepayment. In no event shall the prepayment of any Development Impact Fees required hereunder establish a vested right on the part of OWNER or any other owner of the Property or any person or entity with an interest therein to develop the Project or the Property following the expiration, cancellation or termination of the Term of this Agreement. Following the expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be applicable to the Project and Property notwithstanding any provision of this Agreement and notwithstanding the prepayment of the Development Impact Fees set forth in Exhibit “D”, or any combination thereof.”

4.3.4 Time of Payment for Public Benefits and Development Impact fees.

The fees required pursuant to Subsections 4.2.1, 4.2.2, and 4.3.1 shall begin to be due and payable to CITY twelve (12) months following the issuance of the certificate of occupancy for the Project (“Payment Start Date”) and shall be fully paid by OWNER to CITY within sixty (60) months following the issuance of the certificate of occupancy for the Project. By way of example, only, if the certificate of occupancy was issued by CITY on April 1, 2025, then the Payment Start Date would begin on April 1, 2026, and the Total Fees Amount, with interest, shall be fully paid by OWNER to CITY by April 1, 2030. The total amount of fees owed pursuant to Subsections 4.2.1, 4.2.2, and 4.3.1 equal One Million, Three Hundred Forty Nine Thousand, Seven Hundred and Twenty Nine Dollars ($1,349,729) (the “Total Fees Amount”).

Upon the CITY’s issuance of the certificate of occupancy, the Total Fees Amount shall immediately begin accruing interest at the rate of Two Percent (2%) simple interest, annually, for a term of five years, until the Total Fees Amount and interest is paid in full.

The total interest to be paid over the five year term is Sixty Nine Thousand Seven Hundred Thirty Four Dollars and Fifty Six Cents ($69,734.56), resulting in a total payment amount (including interest) of $1,419,463.56. A payment schedule reflecting the payments and interest is attached hereto and incorporated herein as Attachment “1”.

4. OWNER’s obligation to pay the Total Fees Amount shall not begin until one (1) year after the issuance of certificate of occupancy. Thereafter, OWNER’s payments shall be made in equal, monthly installments via check made payable to “City of Stanton” by the first day of each month. If OWNER is late on any monthly payment, a late fee in the amount of Ten Percent (10%) of the outstanding monthly balance shall be assessed against OWNER on the tenth (10th) day that OWNER is late. A payment shall be considered late if it is not received by the City on the tenth (10th) from when it was due. If a monthly payment is still late after Ten (10) Days, then that shall constitute a breach of the Agreement.” Remaining Terms. All terms, conditions, and other provisions of the Cloud House Development Agreement, including all exhibits, not affected by this First Amendment shall remain in full force and effect.

5. Conflicts. If there is any conflict between the terms of this First Amendment or other Development Approvals and the changes in this First Amendment, the provisions in this First Amendment shall govern.

6. Multiple Counterparts. This First Amendment may be executed in one or more counterparts, each of which is deemed an original, but all of which together constitute one and the same instrument.

7. Severability. If any provision of this First Amendment, or any other document referred to by this First Amendment is, for any reason, held to be invalid, illegal, or unenforceable, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability has no effect on any other provision of this First Amendment.

8. Cumulative Remedies. All rights and remedies of a Party are cumulative of each other. The exercise of a right or remedy may not prejudice or impair the concurrent exercise of another right or remedy.

9. Representation by Counsel; Equal Construction. In executing this First Amendment, each Party has been represented by and consulted with counsel of its own choosing. Each Party has carefully read and fully understands this First Amendment in its entirety. The meaning, intent and legal effect of this Memorandum have been fully explained to each Party by its respective legal counsel. Each Party represents that it is competent to execute this First Amendment and that it has executed this First Amendment free from coercion, duress, or undue influence. Each of the Parties has participated in the review and revision of this First Amendment and, therefore, neither Party shall be considered the drafting Party for purposes of resolving any alleged ambiguities in this First Amendment.

The Parties have caused this First Amendment to be duly executed effective as of the Effective Date first written above.
[Signatures on following page]

SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF STANTON AND STANTON 2.0 LLC
STANTON 2.0 LLC,
a California limited liability company
By:

Its:

Date:
and
By:

Its:

Date:

CITY OF STANTON,
a California municipal corporation
By: ____________________________
Hannah Shin-Heydorn
City Manager
Date: ____________________________
Attest:

By: ____________________________
Patricia A. Vazquez
City Clerk, MMC
Date: ___________________________
Approved as to form:

By: ____________________________
Best, Best & Krieger LLP
City Attorney
Date: ____________________________
Attachment 1
Payment Schedule
$1,349,729.00 Original Amount
2% Simple Interest Rate
5 Year Term
Total Payments: $1,419,463.56
Total Interest: $69,734.56
48 Monthly Payments of $ 29,572.15