Agenda — Stanton City Council, August 26, 2025

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

NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council / Successor Agency / Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on August 26, 2025, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680 (Council Chambers).

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

Dated: August 21, 2025
s/ Patricia A. Vazquez, City Clerk / Secretary

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE OFFICE OF THE CITY CLERK AT (714) 890-4245.

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

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

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

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

2. Dial in the following Meeting ID: 875 6395 2866) 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/87563952866?pwd=pYhlrTRCxeMPgfYS2jEjhvnlEc2YSe.1

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

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

NOTICE AND CALL

CITY COUNCIL

SUCCESSOR AGENCY

HOUSING AUTHORITY

SPECIAL MEETING
Stanton City Council Agenda Prepared by the Office of the City Clerk August 26, 2025

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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: 875 6395 2866) 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/87563952866?pwd=pYhlrTRCxeMPgfYS2jEjhvnlEc2YSe.1

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].

AGENDA

SPECIAL & JOINT REGULAR MEETING

CITY COUNCIL

SUCCESSOR AGENCY

HOUSING AUTHORITY
TUESDAY, AUGUST 26, 2025
CLOSED SESSION - 5:30 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
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.

Stanton City Council Agenda Prepared by the Office of the City Clerk August 26, 2025

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

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(5:30 PM)

2. 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

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

4. CLOSED SESSION
4A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Number of Potential Cases: 1

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

7. PLEDGE OF ALLEGIANCE

8. SPECIAL PRESENTATIONS AND AWARDS
Presentation of certificate of recognition to Ms. Jenny Lacayo in recognition of her invaluable contributions and service to the Stanton Community.

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

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

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

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated July 25, 2025 – August 8, 2025, in the amount of $3,341,273.23.
9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Special and Joint Regular Meeting – August 12, 2025.

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9D. AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF CITYWIDE SIGN REPLACEMENT PROJECT (PHASE 2) (TASK CODE NO. 2022-102)
The plans, specifications, and necessary documents for the Citywide Sign Replacement Project (Phase 2) are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The Project plans and specifications are available in the City Engineer’s Office for review.

RECOMMENDED ACTION:

1. City Council find that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities; and

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

3. Authorize and advertise for bids the Citywide Sign Replacement Project (Phase 2). 9E. AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF STANTON CENTRAL PARK TENNIS COURTS RENOVATION PROJECT (TASK CODE NO. 2025-202) The plans, specifications, and necessary documents for the Stanton Central Park Tennis Courts Renovation Project are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The Project plans and specifications are available in the City Engineer’s Office for review.

RECOMMENDED ACTION:

1. City Council find that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(a) as operation, repair, and minor interior or exterior alterations of existing public facilities; and

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

3. Authorize and advertise for bids the Stanton Central Park Tennis Courts Renovation Project.

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9F. AWARD OF CONSTRUCTION CONTRACT FOR THE FY 25/26 CITYWIDE SIDEWALK REPAIR PROJECT (TASK CODE NO. 2026-103)
Nine bids for the FY 25/26 Citywide Sidewalk Repair Project were opened on August 11, 2025. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by CJ Concrete Construction, Inc. to be the lowest responsible and responsive bid at $49,635.00 At this time, staff is recommending awarding the construction contract to CJ Concrete Construction, Inc.

RECOMMENDED ACTION:

1. City Council declare that this project is categorically exempt under the California Environmental Quality Act, Class 1, and Section 15301(c) as repair, maintenance, and minor alteration of existing streets, sidewalks, gutters, and similar facilities; and

2. Award a construction contract for the FY 25/26 Citywide Sidewalk Repair Project for the bid amount of $49,635.00 and reject all other bids; and

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

4. Authorize the City Manager to approve contract changes orders, not to exceed $15,000.
9G. AWARD OF CONSTRUCTION CONTRACT FOR THE HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM REPLACEMENT – PHASE 1
Three (3) bids for the HVAC System Replacement – Phase 1 Project were opened on August 4, 2025. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by AC Pros, Inc. to be the lowest responsible and responsive bid. The bid documents included a Base Bid Schedule for the replacement of three (3) HVAC units and an Alternate Bid Schedule for the potential replacement of up to five (5) additional units. Considering available funding, staff recommends awarding the contract to AC Pros, Inc. for the Base Bid plus two (2) alternate units, for a total contract amount of $484,000.00.

RECOMMENDED ACTION:

1. City Council declare that this project is categorically exempt under the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities; and

2. Award a construction contract for the HVAC System Replacement – Phase 1 Project to AC Pros, Inc. for the bid amount of $484,000.00 and reject all other bids; and Stanton City Council Agenda Prepared by the Office of the City Clerk August 26, 2025

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3. Authorize the City Manager to bind the City of Stanton and AC Pros, Inc. in a contract for the construction; and

4. Authorize the City Manager to approve contract change orders, not to exceed $48,400.
9H. CONTINUANCE OF THE PROCLAMATION OF THE EXISTENCE OF A LOCAL

EMERGENCY CAUSED BY HOMELESSNESS CRISIS
At its meeting of November 26, 2024, the City Council adopted a resolution proclaiming the existence of a local emergency. Based on the continuing impacts of homelessness on public health and safety within the City of Stanton, the City Council’s proclamation of the existence of a local emergency will continue until further notice.

RECOMMENDED ACTION:

1. City Council declare that the proposed actions are not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because they do not qualify as a “project” under CEQA Receive and file; and

2. Receive and file the report.
9I. AWARD OF CONSTRUCTION CONTRACT FOR THE STREETLIGHT UPGRADES

PROJECT
On April 25, 2024, staff applied and successfully secured funding from the Energy Efficiency and Conservation Block Grant (EECBG) Program in the amount of $76,230.00 for street lighting upgrades. A total of three (3) quotes were received to furnish and install fifty-four (54) streetlight fixtures at various locations. Staff recommends a construction contract be awarded to Yunex, LLC, in the amount of $72,295.00.

RECOMMENDED ACTION:

2. Award a construction contract for the Streetlight Upgrades Project to Yunex, LLC, for the amount of $72,295; and

3. Authorize the City Manager to bind the City of Stanton and Yunex, LLC in a contract for the construction; and

4. Authorize the City Manager to approve contract changes orders, not to exceed $3,935; and
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5. Appropriate a total of $76,230 from the Lighting Maintenance 1919 Act Fund (#224) and increase grant revenues in the same amount being appropriated; and

6. Accept the Efficiency and Conservation Block Grant (EECBG) Program in the amount of $76,230; and

7. Authorize the City Manager to amend the adopted FY 25/26 Capital Improvement Program to include the Streetlight Upgrades Project.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS None.

12. NEW BUSINESS
12A. REVIEW OF EXISTING MUNICIPAL CODE REGULATIONS RELATED TO FENCING,

WALLS, AND HEDGES IN COMMERCIAL ZONES
At the January 14, 2025 City Council meeting, Council Member Barrios requested to agendize an item related to fencing regulations throughout commercial areas in the City.

At its meeting of January 28, 2025, the City Council received consensus and directed staff to review the existing regulations and prepare a staff report. The Council expressed particular concern regarding fencing that would assist commercial property owners in securing their properties. Staff reviewed Stanton Municipal Code Chapter 20.310 Fences, Walls, and Hedges, and prepared a summary of existing fence regulations for Council review. This report also includes additional information regarding industry standard regulations for commercial fencing as well as potential alternatives and subsequent impacts.

RECOMMENDED ACTION:

1. City Council receive report on existing fence regulations, other municipal fence regulations, and potential security options; and

2. Provide direction to staff.

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

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

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

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

Currently Scheduled: None.

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15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING RENTER’S RIGHTS At the August 12, 2025, City Council meeting, Mayor Pro Tem Torres requested that this item be agendized for discussion. Mayor Pro Tem Torres is requesting to discuss renter’s rights within the City to promote renter’s well-being.

RECOMMENDED ACTION:

City Council provide direction to staff.

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

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 21st day of August, 2025. s/ Patricia A. Vazquez, City Clerk/Secretary
July 25, 2025 - August 8, 2025
Payments to Vendors:

Electronic Draft Payments ACH (A) 1,777,426.00
Bank Drafts Payments 1,031,790.69
Check Payments 139410-139453 366,901.22
Total Payments to Vendors $ 3,176,117.91
Direct Deposit Payments (B):

Payroll dated July 31, 2025 165,155.32
TOTAL PAYMENTS $ 3,341,273.23
Notes:

A ACHs 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.

C ACH - auto-drafts are auto-payments scheduled by the vendor as a monthly draft from the City's bank account mainly setup for utility payments. A specific transaction number is not assigned Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Sharon del Rosario

CITY OF STANTON

WARRANT REGISTER
ACH - auto drafts ©
conform to the City of Stanton Annual
Budget as approved by the City Council.

Demands listed on the attached registers
City Manager Finance Director
Item: 9B
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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON MEETING AUGUST 12, 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
Council Member Barrios recused himself from participation, discussion, and consideration of Closed Session Item 4A due to a conflict of interest pertaining to the Levine Act. Council Member Barrios submitted the particulars of the conflict, in writing, to the City Clerk. Council Member Barrios did not retreat into the closed session chambers and remained in the council chambers and at the dais.

The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 5:32 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
Item: 9C
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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 6:30 p.m.

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.

The City Attorney / Agency Counsel reported that the City Council / Successor Agency / Housing Authority met in closed session from 5:32 to 6:30 p.m.

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

7. PLEDGE OF ALLEGIANCE
Led by Council Member Gary Taylor.

8. SPECIAL PRESENTATIONS AND AWARDS
Ms. Hannah Shin-Heydorn, City Manager, presented an update on the City’s homeless outreach activities.

9. CONSENT CALENDAR
Motion/Second: Taylor/Shawver
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 June 13, 2025 – July 24, 2025, in the amount of $7,575,676.59.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Special and Joint Regular Meeting – July 8, 2025.
9D. JUNE 2025 INVESTMENT REPORT
The Investment Report as of June 30, 2025, 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 June 2025. 9E. JUNE 2025 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of June 30, 2025, 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 June 2025.

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9F. RESPONSE TO THE 2024-2025 ORANGE COUNTY GRAND JURY REPORT DATED MAY 22, 2025, ENTITLED, “LONG-TERM SOLUTIONS TO SHORT-TERM RENTALS”
On May 22, 2025, the Orange County Grand Jury released a report entitled “LongTerm Solutions to Short-Term Rentals” (Attachment A). The report focused on issues surrounding short-term rentals (STRs) which are residences such as homes or apartments defined as allowing for occupancy for fewer than 30 days. California Penal Code Sections 933 and 933.05 require any public agency that the Grand Jury reviews respond to the findings and recommendations of the Grand Jury Report.

The City’s proposed response letter responds to each of the applicable findings and recommendations (Attachment B).

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. Authorized the Mayor to sign the response letter to the Orange County Grand Jury related to the findings and recommendations contained in the May 22, 2025, report entitled “Long-Term Solutions to Short-Term Rentals”. 9G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA APPROVING SUBDIVISION TRACT MAP NO. 19184
The subdivision tract map for the development of four detached condominium units located at 8222 Starr Street has been submitted by the developer for final certification and recordation.

1. The City Council declared this project categorically exempt under the California Environmental Quality Act, Class 3, Section 15303 (New Construction or Conversion of Small Structures); and

2. Adopted Resolution No. 2025-30 approving final Tract Map No. 19184, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA, APPROVING SUBDIVISION TRACT MAP
NO. 19184 FOR THE PROPERTY LOCATED AT 8222 STARR
STREET”; and

3. Finds that the recordation of Tract Map No. 19184 will not be in violation of any of the provisions of Section 66474, 66474.1, and 66474.2 of the Subdivision Map Act; and
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4. Finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code; and

5. Authorized the Mayor to execute the Subdivision Improvement Agreement for Tract Map No. 19184; and

6. Directed the City Engineer to review and approve any further technical edits necessary to allow for County Surveyor approval and for recordation of the map with the County Recorder of Orange County, and if edits are necessary, to require a revised Tract Map; and

7. Directed the City Clerk to endorse on the face of the map of the Tract Map, the certificate which embodies the approval of said map, and submit the map to the County Recorder of Orange County for recording.
9H. ACCEPTANCE OF THE FISCAL YEAR (FY) 2023/24 CITYWIDE STREET RESURFACING PROJECT (TASK CODE NO. 2023-201) BY THE CITY COUNCIL

OF THE CITY OF STANTON, CALIFORNIA
The FY 2023/24 Citywide Street Resurfacing Project consisting of the demolition and removals, roadway modifications, concrete work (ramps, sidewalk, curb and gutters), asphalt pavement, signing and striping, and all appurtenant work for various streets throughout the City of Stanton is now complete. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of July 24, 2025, and recommends that the City Council accept the completed work performed on this project.

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

2. Accepted the completion of improvements for the FY 2023/24 Citywide Street Resurfacing Project, as certified by the City Engineer, and affixed the date of July 24, 2025, as the date of completion of all work on this project; and

3. Accepted the final construction contract amount of $1,254,963.37 with R.J.

Noble Company; 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
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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 R.J. Noble Company in the amount of $62,748.17. 9I. ACCEPTANCE OF THE CITYWIDE STREET SIGN REPLACEMENT PROJECT (PHASE 1) (TASK CODE NO. 2022-102)
The Citywide Street Sign Replacement Project (Phase 1) consisting of the replacement of City street name signs on principal and collector streets and signalized intersections is now complete. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of July 28, 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 2, Section 15302; and

2. Accepted the completion of improvements for the Citywide Street Sign Replacement Project (Phase 1), as certified by the City Engineer, and affixed the date of July 28, 2025, as the date of completion of all work on this project; and

3. Accepted the final construction contract amount of $199,455.00 with Superior Pavement Markings, 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 $9,927.75.
9J. APPROVAL OF UPDATED DELEGATED MAINTENANCE AGREEMENT WITH

THE STATE OF CALIFORNIA THROUGH THE DEPARTMENT OF

TRANSPORTATION
The Delegated Maintenance Agreement (DMA) of Beach Boulevard (State Route 39) from North to South City Limits between the City and the State of California through the California Department of Transportation (Caltrans) has been updated.

The agreement covers maintenance services provided by the City within the State right-of-way and increases the maximum annual reimbursement to the City.

1. The City Council declared that this action is not a project per the California Environmental Quality Act; and
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2. Accepted the Delegated Maintenance Agreement between the City and the State of California, through the Department of Transportation (Caltrans); and

3. Authorized the City Manager to execute said Agreement. 9K. RESOLUTION AUTHORIZING A NEW INVESTMENT ALLOCATION AND

INVESTMENT POLICY STATEMENT FOR THE CITY OF STANTON SECTION 115 TRUST FOR OTHER POST EMPLOYMENT BENEFITS (OPEB)/PENSION

STABILIZATION
The City recently approved the transfer of the administration and investment management of the OPEB/Pension Stabilization Section 115 Trust to Shuster Advisory Group, LLC (“Shuster”) on June 24, 2025. Previously, the City chose to utilize HighMark Capital Management as its Investment Manager. PFM Asset Management LLC (“PFMAM”), a subsidiary of U.S. Bank, took over investment management services effective January 1, 2024. Of the five investment policy options ranging from Conservative to Capital Appreciation, the City selected the “Moderate Strategic Blend” 50%/50% (Equity/Fixed Income) allocation option.

On July 8, 2025, staff met with Shuster to discuss potential investment strategies.

After considering the City’s present financial condition and strategic objectives, staff recommends a change to a 60%/40% (Equity/Fixed Income) investment allocation.

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

2. Adopted Resolution No. 2025-31, entitled:
“RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA APPROVING THE INVESTMENT POLICY
STATEMENT FOR THE CITY OF STANTON’S MULTIPLE
EMPLOYER OPEB/PENSION 115 TRUST ADMINISTERED BY
SHUSTER ADVISORY GROUP, LLC”; and

3. Approved the current investment allocation mix for the OPEB/Pension 115 Trust administered by Shuster Advisory Group, LLC from balanced to moderate growth with a 60/40 asset allocation of equity to fixed income investments to achieve the investment objective within the current capital markets.

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9L. OPENGOV ANNUAL SOFTWARE SUBSCRIPTION SERVICES
Staff is seeking City Council approval to appropriate $24,563.10 from the Special Projects Assigned Fund Balance for OpenGov annual software subscription services for one year. If approved, the City would have the ability to run parallel services during the transition to the new Enterprise Resource Planning (ERP) system, Oracle Netsuite, to support the annual budgeting process.

2. Authorized the City Manager to approve the one-year subscription agreement with OpenGov, not to exceed $24,563.10; and

3. Appropriate a total of $24,563.10 from the Special Projects Assigned Fund Balance to increase the budget for Contractual Services in the IT division (Account No. 101-1510-608100).
9M. CONSIDERATION OF AN IN-LIEU RIGHT-OF-WAY IMPROVEMENT AGREEMENT BETWEEN THE CITY AND KB HOME COASTAL INC.,

REGARDING LIGHTHOUSE I AND LIGHTHOUSE II PROJECTS IN THE AMOUNT OF $143,712.50
This item relates to a proposed “in-lieu” payment of $143,712.50 by KB Home Coastal, Inc. to the City to cover the developer’s cost to complete certain pavement and traffic signal restoration work along Western Avenue. The public improvements were requirements of the developer’s residential development projects at 7401, 7421, and 7455 Katella Avenue and 10941 and 10921 Western Avenue. If approved, the City would apply the in-lieu fees and apply them towards City street and traffic projects that are planned in the same vicinity.

1. The City Council declared that the project is exempt from the California Environmental Quality At (“CEQA”) pursuant to State CEQA Guidelines section 15061(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 City Manager to approve and execute the proposed In-Lieu RightOf-Way Improvement Agreement between the City of Stanton and KB Home Coastal Inc.

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9N. MAY 2025 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF

CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Reports for the month ended May 31, 2025, have 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.

2. Received and filed the General Fund and Housing Authority Fund May 2025 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended May 31, 2025.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS
10A. PUBLIC HEARING REGARDING REQUEST TO MODIFY FEE FOR FALSE

ALARM RESPONSES
Consideration of adjusting the False Alarm fee to reflect the current costs of the respective program.

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

The public hearing was opened.

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

Motion/Second: Shawver/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:

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1. The City Council declared that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 21080(b)(8) of the Public Resources Code and Sections 15061(b)(3) and 15273(a)(1) of Title 14 of the California Code of Regulations because CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Conducted a Public Hearing; and

3. Adopted Resolution No. 2025-32 permitting the Sheriff-Coroner Department to increase the False Alarm fee from $141.00 to $209.00, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA, AUTHORIZING THE ORANGE COUNTY
SHERIFF’S DEPARTMENT TO INCREASE ITS FALSE ALARM
FEE”.

11. UNFINISHED BUSINESS None.

12. NEW BUSINESS
12A. FISCAL YEAR 2025-26 SENIOR HOME IMPROVEMENT PROGRAM At its Budget Workshop on May 27, 2025, the City Council provided $100,000 in funding for the Fiscal Year 2025-26 Senior Home Improvement Program, including program administration. Tonight’s item seeks Council feedback on essential program elements.

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

The City Council discussed and directed staff to proceed with:
• Grant Amount: Maximum of $9,000;
• Target Audience: Aged 65 or older;
• Must qualify as low income (80% AMI);
• Common improvements will be included and listed within the application; • Priority to those with a qualified medical assessment (doctor’s form required); and
• Length of residency in the City of Stanton + household income.

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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:

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.

13. ORAL COMMUNICATIONS – PUBLIC
Mr. Marlon-Ray Velasco, resident and Vice President, Home Owners Association (HOA) Board of Directors, spoke regarding the concerns of his community pertaining to the construction on and adjacent to their community, which has caused a significant impact to the residents, such as safety concerns, lack of notice of construction, closure of entry ways into the neighborhood, closure of exits out of the neighborhood, blocked off parking stalls for construction equipment, utilizing open public areas and parking stalls for construction storage of supplies and materials, damage to landscaping which resulted in costs to the residents to fix said damage, and further requests that the City communicate with HOA’s and/or HOA managers informing them of upcoming construction projects that could impact residents.

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 Association of California Cities Orange County’s (ACC-OC) Annual 2025 Summer Legislative Reception, which was held on July 17, 2025, at Wild Rivers. • Council Member Warren reported on his attendance at the North Orange County Chamber (NOCC) 2025 Business Awards & Chamber Board Installation Celebration, which was held on July 25, 2025, at the Fox Theatre in Fullerton and further reported that Mayor Shawver was honored as the “Longest-Serving Mayor in the Region” (North Orange County region) by the NOCC. • Council Member Warren reported on his attendance at the OC Fair’s annual 2025 OC Government / Elected Officials dinner event, which was held on July 31, 2025.

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• Council Member Warren reported on his attendance at the City’s annual Summer Employee Luncheon event, which was held on August 7, 2025, at Stanton Central Park.
• Council Member Warren reported on his attendance at the City’s annual 2025 National Night Out event, which was held on August 8, 2025, at Stanton Central Park.
• Ms. Hannah Shin-Heydorn, City Manager, reported on the City’s annual Summer Employee Luncheon event, which was held on August 7, 2025, at Stanton Central Park.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
Mayor Pro Tem Torres, requested to agendize for discussion renter’s rights within the City to promote renter’s well-being.
15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.
15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING CITYWIDE

STREET SIGN REPLACEMENT PROJECT
At the July 8, 2025, City Council meeting, Council Member Warren requested that this item be agendized for discussion. Council Member Warren is requesting to discuss available fundraising options pertaining to the replacement of City street name signs on principal and collector streets and signalized intersections, including discussions of donating said fundraised monies to various charities/non-profits within the City.

Presentation by Council Member Warren.

The City Council received consensus and directed staff to surplus the City street name signs to a local City nonprofit organization with any proceeds to be retained by said nonprofit organization to be used at their discretion

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

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17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
Ms. Hannah Shin-Heydorn, City Manager, reported on the upcoming Red Cross Blood Drive in partnership with the American Red Cross, which is scheduled to be held on August 13, 2025, at Stanton Central Park.
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 7:40 p.m.
________________________________

MAYOR/CHAIRMAN
ATTEST:
________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 26, 2025
SUBJECT: AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF CITYWIDE SIGN REPLACEMENT PROJECT (PHASE 2) (TASK CODE NO. 2022- 102)
REPORT IN BRIEF:

The plans, specifications, and necessary documents for the Citywide Sign Replacement Project (Phase 2) are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The Project plans and specifications are available in the City Engineer’s Office for review.

RECOMMENDED ACTION:

1. City Council find that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities; and

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

3. Authorize and advertise for bids the Citywide Sign Replacement Project (Phase 2).

BACKGROUND:

Following the completion of Phase 1, Phase 2 of the Project will focus on replacing approximately 563 residential street name signs in the residential areas. The current signs are damaged and are in need of replacement. The new signs will replace outdated City signs with the new Stanton branding to provide directions for residents and passing drivers throughout the City.

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

The plans, specifications, and necessary documents for the Citywide Sign Replacement Project (Phase 2) are complete. The engineer’s estimate for this project is approximately $250,000. The City Engineer is recommending Council approve the specifications and plans for bidding, subject to revisions by the City Engineer and the City Attorney, to ensure a construction contract is awarded in an efficient and timely manner.

The Project plans and specifications are available in the City Engineer’s Office for review.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

This project is exempt under the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

LEGAL REVIEW:

None.

STRATEGIC GOAL:

Goal 3. Provide quality infrastructure.

PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared by: Han Sol Yoo, P.E., Civil Engineer
Reviewed 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: August 26, 2025
SUBJECT: AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF STANTON

CENTRAL PARK TENNIS COURTS RENOVATION PROJECT (TASK
CODE NO. 2025-202)
REPORT IN BRIEF:

The plans, specifications, and necessary documents for the Stanton Central Park Tennis Courts Renovation Project are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The Project plans and specifications are available in the City Engineer’s Office for review.

RECOMMENDED ACTION:

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

3. Authorize and advertise for bids the Stanton Central Park Tennis Courts Renovation Project.

BACKGROUND:

The City is currently undertaking efforts to revamp the tennis courts and add lighting around the playground at Stanton Central Park.

The renovation efforts include installation of new partition fencing, perimeter fencing improvements, increased lighting (new light fixtures), transforming one (1) existing tennis court into two new pickleball courts with removable netting, crack sealing courts, resurfacing, striping, signage, site furnishings, and adding lighting to the existing playground area.

Item: 9E
Click here to return to the agenda.
2 On December 10, 2024, RHA Landscape Architects-Planners, Inc. (RHA) was awarded the Professional Service Agreement for the design of the Stanton Central Park Renovation Project.

To ensure the design reflects community priorities, the Community Services Department launched a public engagement process that included a Tennis Court Renovation Survey, and a community meeting held on Wednesday, March 19, 2025. Residents had the opportunity to review two conceptual designs and provide input directly to City staff and project designers, RHA.

On May 16, 2025, the Community Services Director provided an update on this project and presented the conceptual design plan to the Community Services Commission.

ANALYSIS/JUSTIFICATION:

The plans, specifications, and necessary documents for the Stanton Central Park Tennis Courts Renovation Project are complete. The engineer’s estimate for this project is approximately $449,768. The City Engineer is recommending Council approve the specifications and plans for bidding, subject to revisions by the City Engineer and the City Attorney, to ensure a construction contract is awarded in an efficient and timely manner.

The Project plans and specifications are available in the City Engineer’s Office for review.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

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

LEGAL REVIEW:

None.
3 STRATEGIC GOAL:

Goal 5. Maintain and promote a responsive, high-quality and transparent government.

PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared by: Han Sol Yoo, P.E., Civil Engineer
Reviewed 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: August 26, 2025
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE FY 25/26 CITYWIDE SIDEWALK REPAIR PROJECT (TASK CODE NO. 2026-103) REPORT IN BRIEF:

Nine bids for the FY 25/26 Citywide Sidewalk Repair Project were opened on August 11, 2025. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by CJ Concrete Construction, Inc. to be the lowest responsible and responsive bid at $49,635.00 At this time, staff is recommending awarding the construction contract to CJ Concrete Construction, Inc.

RECOMMENDED ACTION:

2. Award a construction contract for the FY 25/26 Citywide Sidewalk Repair Project for the bid amount of $49,635.00 and reject all other bids; and

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

4. Authorize the City Manager to approve contract changes orders, not to exceed $15,000.

BACKGROUND:

The City is responsible for maintaining 44.7 centerline miles of public right-of-way, which includes sidewalks, curbs & gutters, and other concrete infrastructure. To address significant concrete uplifts, tree root intrusions, and general damage, the City has established a proactive, Annual Citywide Sidewalk Repair Project as part of the Capital Improvement Program. This project is designed to systematically identify and remediate significant concrete uplifts, cracking, and other hazards on a yearly basis.

Item: 9F
Click here to return to the agenda.
2 The scope of work for the FY 25/26 Citywide Sidewalk Repair Project consists of removing and replacing various concrete infrastructure such as sidewalks and curb and gutters throughout the City.

On July 8, 2025, the City Council authorized staff to advertise this project for construction and approved the draft plans and specifications.

ANALYSIS/JUSTIFICATION:

Bid opening for this project was on August 11, 2025, and nine (9) bids were received and opened as follows:

Rank Company Bid
1 CJ Concrete Construction, Inc. $49,635.00
2 CT & T Concrete Paving, Inc.* $50,552.77
3 Carter Enterprises Group, Inc./DBA
Pavement Rehab Company $55,385.60
4 All Cities Engineering, Inc. (ACE) $58,802.00
5 S & H Civilworks $60,813.00
6 MJ Jurado, Inc. $65,606.25
7 Gentry General Engineering, Inc. $75,038.50
8 AZA Construction $83,998.75
9 Hardy & Harper, Inc. $99,017.00
*The bid submittal had clerical error(s) regarding their line items, and so their Total Base Bid based on their unit pricing submitted is shown.

CJ Concrete Construction, Inc. submitted the lowest responsible bid in the amount of $49,635.00 which is approximately 29.09% below the Engineer’s estimate of $70,000.

Staff has reviewed the submitted documents and found that CJ Concrete Construction, Inc. has submitted the lowest bid and is compliant with the contract documents. Upon successful execution of the contract documents, the project is expected to begin construction in September 2025.

For every construction contract awarded by Council, staff is required to return to Council to accept the improvements, approve the final construction contract amount, and direct filing of a Notice of Completion.
3 FISCAL IMPACT:

The Adopted Fiscal Year 2025/26 Capital Improvement Budget includes $80,000 for this project (Task Code No. 2026-103). The following table presents an estimated breakdown of total project costs:

Description Amount
Construction Contract $ 49,635.00
Contingency $ 15,000.00
Inspections $ 5,000.00
Total $ 69,635.00
ENVIRONMENTAL IMPACT:

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

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC GOAL:

Goal 3. Provide quality infrastructure.

Prepared by: Han Sol Yoo, P.E., Civil Engineer
Reviewed by: Cesar Rangel, P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. FY 25/26 Citywide Sidewalk Repair Project Contract
B. CJ Concrete Construction, Inc. Proposal
CA-1

CITY OF STANTON

CONTRACT AGREEMENT
FY 25/26 CITYWIDE SIDEWALK REPAIR PROJECT
THIS CONTRACT AGREEMENT (or “Contract”) is made and entered into for the abovestated project this 26th day of August, 2025, BY AND BETWEEN THE CITY OF STANTON, as City and CJ CONCRETE CONSTRUCTION, INC. as CONTRACTOR.

WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

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

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

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

Attachment: A
Click here to return to the agenda.

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

The total amount of this contract shall not exceed FORTY-NINE THOUSAND SIX HUNDRED THIRTY-FIVE Dollars ($49,635.00). CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council, or if pursuant to its authority, the City Manager, or his or her designee.

CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager or City representative and CONTRACTOR at the time City’s written authorization is given to CONTRACTOR for the performance of said services. The City Manager may approve additional work in the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council.

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

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

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

CA-3
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.

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

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

Contractor’s License Number and Classification
____________________________________
DIR Registration Number
Best Best & Krieger LLP Date
City Attorney
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED CA-4
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
FY 25/26 CITYWIDE SIDEWALK REPAIR

PROJECT
CA-5

CITY OF STANTON

FAITHFUL PERFORMANCE BOND
FY 25/26 CITYWIDE SIDEWALK REPAIR PROJECT
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or FY 25/26 CITYWIDE SIDEWALK REPAIR

PROJECT
CA-6
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
FY 25/26 CITYWIDE SIDEWALK REPAIR

PROJECT
CA-7
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

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

FY 25/26 CITYWIDE SIDEWALK REPAIR

PROJECT
CA-8
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
FY 25/26 CITYWIDE SIDEWALK REPAIR

PROJECT
CA-9

CITY OF STANTON

PAYMENT BOND
FY 25/26 CITYWIDE SIDEWALK REPAIR PROJECT
KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

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

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or FY 25/26 CITYWIDE SIDEWALK REPAIR

PROJECT
CA-10
released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

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

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

FY 25/26 CITYWIDE SIDEWALK REPAIR

PROJECT
CA-11
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
FY 25/26 CITYWIDE SIDEWALK REPAIR

PROJECT
CA-12

CITY OF STANTON

COMPENSATION INSURANCE CERTIFICATE
FY 25/26 CITYWIDE SIDEWALK REPAIR PROJECT
Pursuant to Section 1861 of the State Labor Code (amended by Stats. 1979, C.373, p. 1343), before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

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

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

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

CONTRACTOR
By:

Title:

Date:

FY 25/26 CITYWIDE SIDEWALK REPAIR

PROJECT
CA-13
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in the state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
(Amended by Stats, 1978, c. 1379, p. 4571)
Compensation Insurance Certificate
To be submitted with Contract Agreement
Bidder's Name: CJ CONCRETE CONSTRUCTION, INC.

BID FORMS

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

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

FY 25/26 CITYWIDE SIDEWALK REPAIR PROJECT
To the City of Stanton, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680:

In response to the Notice Inviting Bids dated July 10, 2025 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents, including all plans, specifications, and all addenda, and at the prices stated opposite the respective items set forth in the Bid Schedule.

This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

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

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

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

P-1
Attachment: B
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 26, 2025
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE HEATING,

VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM
REPLACEMENT – PHASE 1
REPORT IN BRIEF:

Three (3) bids for the HVAC System Replacement – Phase 1 Project were opened on August 4, 2025. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by AC Pros, Inc. to be the lowest responsible and responsive bid. The bid documents included a Base Bid Schedule for the replacement of three (3) HVAC units and an Alternate Bid Schedule for the potential replacement of up to five (5) additional units. Considering available funding, staff recommends awarding the contract to AC Pros, Inc. for the Base Bid plus two (2) alternate units, for a total contract amount of $484,000.00.

RECOMMENDED ACTION:

2. Award a construction contract for the HVAC System Replacement – Phase 1 Project to AC Pros, Inc. for the bid amount of $484,000.00 and reject all other bids; and

3. Authorize the City Manager to bind the City of Stanton and AC Pros, Inc. in a contract for the construction; and

4. Authorize the City Manager to approve contract change orders, not to exceed $48,400.

Item: 9G
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2 BACKGROUND:

Public facilities, such as the Stanton Community Center, play critical roles in providing services to the public. The HVAC system is an important infrastructure component of any public facility, maintaining indoor air quality and promoting health and safety. The City’s current HVAC system is reaching its end-of-life and requires more frequent and costly repairs. The new HVAC units will bolster the City’s ability to deliver essential services to the public during emergencies.

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

At the May 23, 2023, Council meeting, the City Council authorized a purchase for eight (8) HVAC units in the amount of $133,116.

At the July 9, 2024, Council meeting, the City Council authorized award of a professional service agreement for engineering and design services for this project in the amount of $128,000. A complete plans, specifications and estimates (PS&E) package was prepared for bidding purposes.

At the May 13, 2025, meeting, the City Council authorized staff to advertise this project for construction and approved the draft plans and specifications. This project was subsequently advertised for formal bidding on June 4, 2025.

ANALYSIS/JUSTIFICATION:

Bid opening for this project was on August 4, 2025, and the contractors who attended the mandatory pre-bid conference were eligible to submit a bid. Three (3) bids were received and opened as follows:

Rank Company Base Bid
1 AC Pros, Inc. $248,000.00
2 United Mechanical Contractors $354,000.00
3 Aire Masters Air Conditioning $358,304.76
Following the bid opening, a protest was received from Aire Masters Air Conditioning regarding the apparent low bidder, AC Pros. The protest was reviewed in accordance with the City’s procurement procedures. After thorough analysis, staff determined that the issues raised in the protest do not constitute valid grounds to disqualify AC Pros or reject its bid. AC Pros has submitted the lowest bid and is compliant with the contract documents.

To provide flexibility given budgetary constraints, the bid documents were structured with a Base Bid Schedule and an Alternate Bid Schedule. The Base Bid Schedule covers the 3 replacement of three (3) HVAC units, while the Alternate Bid Schedule provides unit pricing for the replacement of up to five (5) additional units.

Based on available funding, staff recommends awarding the contract to AC Pros, Inc. for the Base Bid amount of $248,000 and including the replacement of two (2) additional HVAC units from the Alternate Bid Schedule at a cost of $236,000. This brings the total contract value to $484,000. The combined scope will result in turnkey replacements of five (5) HVAC units at the Stanton Community Center.

The HVAC units included in this project will enhance air conditioning and climate control in key areas of the Stanton Community Center, including the Banquet Hall, City Council Chambers, Community Services offices and front lobby, as well as the public restrooms.

Upon successful execution of the contract documents, the project is expected to begin construction in September 2025.

FISCAL IMPACT:

The Adopted Fiscal Year 2025/2026 Capital Improvement Budget includes $540,000 for this project (Task Code No. 2026-603). The following table presents an estimated breakdown of total project costs:

Description Amount
Base Bid Construction (Unit 2, 3, & 4) $ 248,000.00
Construction Bid Alternative (Unit 6 & 7) $ 236,000.00
Contingency $ 48,400.00
Inspections $ 5,000.00
Total $ 537,400.00
ENVIRONMENTAL IMPACT:

This project is categorically exempt under the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities. 4 LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC GOAL:

Goal 3. Provide 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: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. Project Contract
B. AC Pros, Inc. Construction Proposal
C. Aire Masters Air Conditioning Bid Protest Letter
D. Bid Protest Response Letter
CA-1

CITY OF STANTON

CONTRACT AGREEMENT
HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT
THIS CONTRACT AGREEMENT (or “Contract”) is made and entered into for the abovestated project this _________ day of ___________________, 20 , BY AND BETWEEN THE CITY OF STANTON, as City and AC PROS, INC. as CONTRACTOR.

WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

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

The total amount of this contract shall not exceed FOUR HUNDRED EIGHTY-FOUR THOUSAND Dollars ($484,000.00). CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council, or if pursuant to its authority, the City Manager, or his or her designee. CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager or City representative and CONTRACTOR at the time City’s written authorization is given to CONTRACTOR for the performance of said services. The City Manager may approve additional work in the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council.

CA-3
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT

CITY OF STANTON

FAITHFUL PERFORMANCE BOND
HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT

CITY OF STANTON

PAYMENT BOND
HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT
KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT

CITY OF STANTON

COMPENSATION INSURANCE CERTIFICATE
HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT
Pursuant to Section 1861 of the State Labor Code (amended by Stats. 1979, C.373, p. 1343), before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

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

CONTRACTOR
By:

Title:

Date:

HVAC SYSTEM REPLACEMENT PHASE 1 PROJECT
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in the state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
(Amended by Stats, 1978, c. 1379, p. 4571)
Compensation Insurance Certificate
To be submitted with Contract Agreement
Bidder's Name: AC Pros Inc

BID FORMS

BID ACKNOWLEDGEMENT
NAME OF BIDDER: _;.,;.;;_.:...;_:c.::....:.;=--------------- AC Pros Inc T he undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract, including all plans, specifications, and all addenda, if any, for the following Project:

HVAC SYSTEM REPLACEMENT - PHASE 1
To the City of Stanton, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680:

In response to the Notice Inviting Bids dated June 4, 2025 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents, including all plans, specifications, and all addenda, and at the prices stated opposite the respective items set forth in the Bid Schedule.

This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 days after the dale set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

The undersigned certifies that ii has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of figures shown in its Bid Schedule; that ii has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

P-1
Attachment: B
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AireMasters

AIR CONDITIONING
12556 McCann Drive
Santa Fe Springs, California 90670
562.944.6302
California License# 587424
Owner: City Of Stanton
Project: Stanton City Hall HVAC Replacement Phase 1
TO PROCUREMENT OFFICER: Elias Garcia
On July 31 st,2025 a bid opening was held at Stanton City Hall.

The apparent low bidder was AC Pros. At the bid opening it was shown AC Pros did NOT submit a complete bid package. They didn't list a Duct Cleaning subcontractor, which is required per Specification Section 23 0130.

AireMasters request AC Pros Bid be rejected on the grounds AC Pros failed to list required subcontractor for the duct cleaning scope of work. This omission is a material deviation from the bid requirements and creates a substantial risk of non-compliance with project specifications and applicable subcontracting regulations.

Ac Pros material omission of the required subcontractors for major project scopes does not meet the stated bid requirements and should be deemed non-responsive. Awarding the contract under these circumstances would undermine the integrity of the competitive bidding process and set a precedent for non-compliance with mandatory sub listing requirements.

Michael Dean, President
Attachment: C
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AireMasters

AIR CONDITIONING
12556 McCann Drive
Santa Fe Springs, California 90670
562. 944. 6302
California License# 587424
Owner: City Of Stanton
Project: Stanton City Hall HVAC Replacement Phase 1
TO PROCUREMENT OFFICER: Elias Garcia
On July 31st,202s a bid opening was held at Stanton City Hall.

The second apparent bidder was United Mechanical Contractors. At the bid opening it was shown United Mechanical did NOT submit a complete bid package. They did not list an Electrical or Plumbing subcontractor required per Spec Section 26 0500- 1 for Electrical and Division 22- Plumbing, AireMasters request United Mechanical Bid be rejected on the grounds United Mechanical failed to list required subcontractors for the electrical and plumbing scopes of work, despite both trades being involved in the project. This omission is a material deviation from the bid requirements and creates a substantial risk of non-compliance with project specifications and applicable subcontracting regulations.

United Mechanical material omission of the required subcontractors for major project scopes does not meetthe stated bid requirements and should be deemed non-responsive. Awarding the contract under these circumstances would undermine the integrity of the competitive bidding process and set a precedent for non-compliance with mandatory sub listing requirements.

Michael Dean, President
Date:

August 78, 2025
Mr. Michael Dean
President
Aire Masters Air
Conditioning
72556 Mccann Drive
Santa Fe Springs, CA
90670
(562)944-6302
Mdean@airemastersac.com
Community Pride & Forward Vision
To Michael Dean,
Dear Mr. Dean,
•
•
•
7800 Katella Avenue
Stanton, CA 90680
P I {714) 379_9222
FI (714) 890-1443
Sta [email protected]
Sta ntonCA.gov
The City of Stanton has received and reviewed your formal bid protest letter dated August 77, 2025, regarding the above-referenced project. After a thorough evaluation conducted in accordance with the City's bid protest procedures, we have determined that the protest lacks merit.

Your protest asserts that the lowest responsive and responsible bidder, AC Pros, Inc., failed to list a subcontractor for the duct cleaning scope of work, which you contend is required under Specification Section 23 0730. We address this claim as follows:

The Designation of Subcontractors Form in the Proposal Documents requires listing any subcontractor who will:

Perform work or labor;
Render service to the successful bidder in or about the construction; or Be licensed by the State of California and will, under subcontract, specially fabricate and install a portion of the work based on detailed drawings in the Contract Documents;
in an amount exceeding 0.5% of the Bidder's total bid, or $70,000, whichever is greater.

Section 23 0730 of the Specifications states that HVAC duct cleaning must be performed by an Air Systems Cleaning Specialist {ASCS) certified by the National Air Duct Cleaners Association (NADCA):
"Certification: Employ an ASCS certified by NADCA on a full-time basis." The specification ensures technical qualifications but does not explicitly require that the duct cleaning be subcontracted. Therefore, if the prime contractor directly employs an ASCS-certified technician, the requirement is satisfied. The ability to self-perform this scope is consistent with public contracting standards, provided all technical and licensing criteria are met.

Further, while Section 3.02 references "support from other trades" for tasks such as removing ceiling panels or assisting with access, this language does not obligate the use of a subcontractor for the duct cleaning work itself.

Based on our review, AC Pros, Inc. is permitted to perform the duct cleaning scope with in-house personnel, provided that a certified ASCS performs the work in compliance with the NADCA ACR Standard, UL 787, and all other

Page 1 of 2 ends

Attachment: D
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Date:

August 18, 2025
Mr. Michael Dean
President
Aire Masters Air
Conditioning
12556 Mccann Drive
Santa Fe Springs, CA
90670
(562)944-6302
Mdean@airemastersac.com
Community Pride & Forward Vision
•
•
•
7800 Katella Avenue
Stanton, CA 90680
P I (714) 379-9222
F I (714) 890-7443
Sta [email protected]
StantonCA.gov
applicable provIsIons. Because there is no contractual obligation to subcontract this work, the omission of a listed subcontractor for this scope does not render AC Pros' bid non-responsive or indicate a lack of responsibility.

Accordingly, your protest does not provide sufficient grounds to disqualify AC Pros or reject its bid. Instead, the protest takes a broad reading of the Bid Documents and assumes that AC Pros must utilize a subcontractor for the portion to perform the duct cleaning scope of work, which fails to take into account that the AC Pros is able to perform the work as the prime.

Thank you for your attention to this matter. Should you have any further questions or require additional clarification, please feel free to contact me directly.

Best regards,
��V\ 7� f::, 97--u,.-_;,
Elias Garcia, P.E., T.E.

Assistant City Engineer

Page 2 of 2 ends

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 26, 2025
SUBJECT: CONTINUANCE OF THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY CAUSED BY HOMELESSNESS CRISIS
REPORT IN BRIEF:

At its meeting of November 26, 2024, the City Council adopted a resolution proclaiming the existence of a local emergency. Based on the continuing impacts of homelessness on public health and safety within the City of Stanton, the City Council’s proclamation of the existence of a local emergency will continue until further notice.

RECOMMENDED ACTION:

2. Receive and file the report.

BACKGROUND AND ANALYSIS:

The City has seen an increase in its homeless population since 2019, despite significant allocation of resources and funds to combat homelessness in the City. This increase has been coupled with an increase in health and safety concerns, such as an increase in criminal activity, open-air drug use (fentanyl in particular), open fires, obscene/lewd acts in public, increase in vectors, and public defecation; individuals sleeping, camping, and storing personal property in a manner that obstructs access to the public right-of-way; interruption in the enjoyment and access to public facilities equally by all residents; and death, illness, injury and poor living conditions for those unable to find housing. In response to public health and safety concerns, at its meeting of November 26, 2024, the City Council adopted a resolution proclaiming the existence of a local emergency caused by the homelessness crisis (Attachment A).

Item: 9H
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Based on the continuing impacts of homelessness on public health and safety within the City of Stanton, and pursuant to the City’s police power, the City Council’s proclamation of the existence of a local emergency will continue until further notice. The City Council previously reviewed the proclamation at its meetings of January 14, 2025, March 11, 2025, June 10, 2025, and July 8, 2025.

 For the month of July 2025, City staff had at least 149 encounters with homeless individuals. Regarding offers of placement in shelters, out of 150 actions, 93% (140) resulted in homeless individuals declining shelter. The City continues to get numerous calls of concern and complaints from the following hotspot locations:
o Veteran’s Park
o Stanton Park
o Southside of Katella Ave and Mercantile
o Tina Pacific

 On February 5, 2025, at approximately 12:22 a.m. there was a call for service to the Orange County Fire Authority regarding a fire at Tina Pacific. Crews responded and discovered a fire in two vacant units of a partially occupied four-plex.

Thankfully, there were no civilian or firefighter injuries. The two legitimate tenants were displaced by the fire as the four-plex was red-tagged. The four-plex was ultimately demolished.
 City staff continue to receive numerous calls regarding homeless individuals engaging in open-air drug use in front of multi-family housing units and commercial plazas.

FISCAL IMPACT:

The fiscal impact of declaring a local emergency is unknown at this time but it confers the powers required to provide an immediate, necessary response to the City’s homelessness crisis to protect all City residents and businesses.

ENVIRONMENTAL IMPACT:

The proposed actions are not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because they do not qualify as a “project” under CEQA. Section 15378 explicitly excludes from its definition of “project” the “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) This action would declare a continuing local emergency under the Stanton Municipal Code and continue to empower the director and assistant director of emergency services to direct the emergency organization of the City in response to the homeless crisis. This action is considered administrative because it will not result in a physical change in the environment, and therefore is not subject to CEQA.

Moreover, the action will not result in a direct or reasonably foreseeable physical change in the environment, and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

PUBLIC NOTIFICATION:

Notification and advertisement were performed as prescribed by law.

STRATEGIC GOALS:

Goal 1. Provide a safe community.

Goal 2. Promote a strong local economy.

Goal 5. Maintain and promote a responsive, high quality and transparent government.

Prepared by: Hannah Shin-Heydorn, City Manager
Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:

A. Staff report from November 26, 2024, entitled, “Resolution finding and declaring a local emergency caused by homelessness crisis”.

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: RESOLUTION FINDING AND DECLARING A LOCAL EMERGENCY

CAUSED BY HOMELESSNESS CRISIS
REPORT IN BRIEF:

Declaring a local emergency under the Stanton Municipal Code and the Government Code will provide the City Manager with additional powers as Director of Emergency Services in order to take necessary steps to address the homelessness crisis.

RECOMMENDED ACTIONS:

1. City Council declare the action to not be subject to CEQA pursuant to State CEQA Guidelines, section 15378(b)(5).); and

2. Adopt proposed Resolution No. 2024-40, entitled:
“RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL

EMERGENCY CAUSED BY CONDITIONS AND THREATENED

CONDITIONS OF HOMELESSNESS WITHIN THE CITY OF STANTON,

WHICH IF NOT CORRECTED, CONSTITUTES AN IMMINENT AND

PROXIMATE THREAT TO THE SAFETY OF PERSONS AND PROPERTY
IN THE CITY”.

Attachment: A
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BACKGROUND:

Like many other regions in California, the City of Stanton (“City”) has seen a rapid and troubling growth in homelessness in the City. The COVID-19 pandemic exacerbated this circumstance, which has been difficult to address given the high cost of housing and shortage of emergency, transitional, and affordable housing across the State.

The City’s Investments in Combating the Homelessness Crisis:

Independently, and in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City has made significant investments in assisting its unhoused community. Additionally, the City is a member of the North Service Planning Area (“North SPA”), an organization of 14 cities in Orange County established in 2019 to combat homelessness in the region. The City’s investments include, but are not limited to the following activities, representing funding of over $15 million since 2017:
• Funding two full-time and one part-time Homeless Outreach Coordinator positions at the City, for a total cost since 2017 of just over $2 million; • Funding and welcoming three Project Homekey permanent supportive housing projects to the City, totaling 153 units, and connecting unhoused residents throughout the region to those units. The City’s contribution across the Project Homekey sites was $6 million, and was the first city in the State to open three sites in their jurisdiction;
• Funding two navigation centers in Buena Park and Placentia to provide safe and secure shelter housing as well as providing comprehensive programs and services. The City’s contribution to the centers during the first five years of operation has been approximately $660,000, and the City’s financial commitment in the next five years is estimated to be $2.5 million based on increased maintenance and operational costs;
• Funding the regional Homeless Outreach and Proactive Engagement (“HOPE”) Center of Orange County in the amount of $5 million and serving as their fiscal agent;
• Having the City Manager serve on the Board of the North SPA Collaborative; • Partnering with Illumination Foundation to expand shelter access in the region. The Illumination Foundation is an Orange County-based 501(c)(3) nonprofit dedicated to providing comprehensive services for the most vulnerable homeless population; • Providing bridge housing opportunities since 2020 at just over $150,000; • Providing transportation services; and
• Providing document retrieval assistance and funding to recover important documents, to connect homeless people with resources and employment.

Additionally, the City’s law enforcement and Public Safety staff spend a disproportionate amount of time and resources addressing the City’s homelessness crisis. This causes the City’s Public Safety staff to work overtime, increasing personnel costs to the City, and exacerbating delays in addressing other public safety matters. The City’s Public Safety Department collectively devotes one-third of their time on issues related to homelessness.

The City’s Homeless Population Increase Over Time, Despite Significant Investments Despite these significant efforts, the City’s homeless population has exponentially increased since 2019. According to the County’s 2024 Point in Time Count, the City has experienced a 138 percent increase in its unsheltered population from 2019 to 2024, and a 78 percent total increase in its homeless population (including both sheltered and unsheltered individuals). (See https://ceo.ocgov.com/sites/ceo/files/2024- 05/2024%20PIT%20Summary%20-%20FINAL%205.16.24.pdf.)
Table 1. City of Stanton Point in Time Homeless Count
2019 to 2024
In contrast, the County of Orange has experienced a much smaller 7 percent increase in its homeless population since 2019, and the North SPA has experienced a 17 percent increase in its homeless population since 2019.

Table 2. % Increase in Total Homelessness
2019 to 2024
The City’s homeless population ranks as the fifth largest homeless population within the North SPA even though, geographically, it is one of smallest cities within the area at only

3.1 square miles. Only significantly larger North SPA cities (Anaheim, Fullerton, Buena Park, and Orange) have a higher homeless count. Among all 34 Orange County cities, the City’s homeless population ranks as the 11th largest.

While the City has been able to successfully refer a small number of homeless individuals to the North SPA navigation centers in the Cities of Buena Park and Placentia, those centers are now at capacity. In 2024, the City has only been able to successfully refer 18 people to the two navigation centers for assistance. County-wide, only 1 out of every 12 homeless individuals are successfully connected to housing.

Additionally, many homeless individuals also struggle with substance use disorder and serious mental illness. These are in addition to other challenges that the City is not equipped to support without the combined forces of other political subdivisions to combat, such as Orange County Behavioral Health Services, and state and federal agencies.1 The graphic, below, gives a snapshot of just some the challenges that homeless adults in Orange County face.
1 2024 Point In Time Summary, County of Orange.

Table 3. Disabling Conditions Impacting Homeless Individuals These difficulties are exacerbated by the nationwide fentanyl crisis. According to a 2024 Orange County Sheriff’s Department report2, the leading cause of death among people experiencing homelessness is accidental, with the vast majority of accidental deaths caused by drug use with fentanyl. These numbers have increased steadily since 2018. In 2021, 7 out of 8 deaths among people experiencing homelessness in Stanton were accidental.3 From 2021 to 2022, the number of deaths among people experiencing homelessness in Stanton rose by 150 percent, from 8 reported deaths to 12.4 2 Report on 2022 Orange County Homeless Deaths, Sheriff-Coroner Homeless Death Review Committee. Orange County Sheriff’s Department. The report may be found at: https://www.ocsheriff.gov/sites/ocsd/files/2024- 04/2022%20Homeless%20Death%20Review%20Committee%20Report.pdf 3 Report on 2021 Orange County Homeless Deaths, Sheriff-Coroner Homeless Death Review Committee. Orange County Sheriff’s Department. The report may be found at: https://www.ocsheriff.gov/sites/ocsd/files/2023- 02/Homeless%20Death%20Review%20paper_FINAL.pdf
4 Report on 2022 Orange County Homeless Deaths, Sheriff-Coroner Homeless Death Review Committee. Orange County Sheriff’s Department.

The City must create multiple paths to address a complex and growing homelessness crisis. Like many California cities, Stanton has a continuing need for affordable, permanent housing, along with shelters and interim housing to be developed quickly to better transition people off the streets. The City also needs additional assistance from County, State, and federal agencies to address complex health and safety issues beyond the scope of its current staff and resources. Moreover, the City needs increased ability and resources to hire or contract critical roles, including candidates with specific expertise necessary to provide a critical response to the City’s homelessness crisis.

Declaring a local emergency would provide the City with greater flexibility, increased ability, and streamlined systems to address the City’s homelessness crisis with necessary urgency.

ANALYSIS/JUSTIFICATION:

Chapter 2.64 of the Stanton Municipal Code, “Emergency Organization and Functions,” allows the City Council to declare a local emergency on its own accord or at the request of the City Manager to provide for (1) the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency; (2) the direction of the emergency organization; and (3) the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.

A “local emergency,” as defined under Section 2.64.020, means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat.

When a “local emergency” is declared by the City Council, the City Manager, as Director of Emergency Services or the City, is granted additional power and authority related to the City’s response to the local emergency. The City Manager is empowered to:
• Control and direct the effort of the emergency organization of the City for the accomplishment of addressing the local emergency;
• Direct cooperation between and coordination of services and staff of the emergency organization of the City;
• Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;
• Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practical time by the City Council;
• Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property on behalf of the City, and, if required immediately, to commandeer the same for public use;
• Require emergency services of any city officer or employee and to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;
• Requisition necessary personnel or material of any city department or agency; • Execute all existing authority as City Manager and all special power conferred upon him/her by the City Council, by resolution, ordinance, or emergency plan; • Appoint an Assistant Director of Emergency Services, who shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director.

Additionally, the City Disaster Council is empowered to develop and recommend for approval to the City Council emergency and mutual aid plans and agreements, and any ordinances, resolutions, rules, and regulations necessary to implement such plans and agreements. The Disaster Council is comprised of the Mayor, City Manager, Assistant Director of Emergency Services, Chiefs of Emergency Services, and others appointed by the Director with the advice and consent of the City Council.

By declaring a local emergency, the City Manager, Disaster Council, and City Council will be able to provide an immediate, necessary response to the City’s homelessness crisis to protect all City residents. The City’s normal hiring and contracting processes may be expedited, and the City will be able to immediately allocate necessary resources and personnel to take emergency action.

In accordance with California Government Code, Section 8630(c), the emergency declaration requires the City Council to review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency.

FISCAL IMPACT:

The report details over $15 million in funding that has been allocated to address issues related to homelessness, including outreach services, since 2017. This fiscal impact reflects those categories of expenditures that are easily tracked and coded to homelessness efforts and initiatives. The true amount the City has expended over the years to address issues related to homelessness would be significantly larger if all personnel activities and efforts were meticulously allocated.

ENVIRONMENTAL IMPACT:

The proposed actions are not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because they do not qualify as a “project” under CEQA. Section 15378 explicitly excludes from its definition of “project” the “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) This action would declare a local emergency under the Stanton Municipal Code and empower the director and assistant director of emergency services to direct the emergency organization of the City in response to the homeless crisis. This action is considered administrative because it will not result in a physical change in the environment, and therefore is not subject to CEQA.

Any permit that may be issued will be subject to its own CEQA analysis.

PUBLIC NOTIFICATION:

Notification and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVES ADDRESSED:

Obj. No. 1: Provie a safe community.

Obj. No. 2: Promote a strong local economy.

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

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

Prepared by: Hannah Shin-Heydorn, City Manager
Reviewed by: James Wren, Director of Public Safety Services Reviewed by: HongDao Nguyen, City Attorney
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Proposed Resolution No. 2024-40
Attachment “A”
RESOLUTION NO. 2024-40

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

PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY

CONDITIONS AND THREATENED CONDITIONS OF HOMELESSNESS WITHIN THE

CITY OF STANTON, WHICH IF NOT CORRECTED, CONSTITUTES AN IMMINENT

AND PROXIMATE THREAT TO THE SAFETY OF PERSONS AND PROPERTY IN THE CITY

THE CITY COUNCIL OF THE CITY OF STANTON DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, the City of Stanton “City” is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code 8630, et seq., and Chapter 2.64 of Title 2 of the Stanton Municipal Code provide that the Stanton City Council (“City Council”) may proclaim local emergencies; and
WHEREAS, like many other regions in California, the City has seen a rapid and troubling growth in the homeless population of the City, a condition that has been difficult to address given the traditionally high cost of housing and property in the region, and the historic shortage of emergency, transitional, and affordable housing across the state; and WHEREAS, Executive Order N-1-24, signed by Governor Gavin Newsom on July 24, 2024, acknowledged the dire state of the homelessness crisis in California and ordered state agencies and departments to address encampments on state property. Moreover, the Executive Order ordered that local governments are encouraged to use all available resources and infrastructure, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them; and WHEREAS, independently and in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City has made significant investments in assisting its unhoused community. These investments include, but are not limited to:
creating and funding additional staff positions dedicated to homelessness outreach, funding and participating in regional outreach and navigation centers, expanding transportation services and shelter access in the region, and funding and welcoming three Project Homekey permanent supportive housing projects to the City totaling 153 units; and
WHEREAS, according to the City’s 2024 Point in Time Count, the City has experienced a 138 percent increase in its unsheltered population from 2019 to 2024, and a 78 percent total increase in its homeless population (including both sheltered and unsheltered individuals), despite the City’s significant investments in combating homelessness and assisting the unhoused community. In contrast, Orange County has experienced only a 7 percent increase in its homeless population since 2019, and surrounding cities have experienced significantly less homeless population growth; and WHEREAS, despite the City’s efforts to connect homeless individuals with regional assistance centers, the City has only been able to refer 18 people in the last 10 months to the regional Navigation Centers in Buena Park and Placentia due to overpopulation; and
WHEREAS, regional data shows that a significant percentage of unsheltered homeless individuals also suffer disproportionately from complex health issues, such as substance use disorder, serious mental illness, and physical disability, and require assistance from the City, Orange County Behavioral Health Services, and other local, state, and federal health agencies and nonprofit organizations to provide the necessary public services; and WHEREAS, the homelessness crisis confronting the City has grown both incrementally and exponentially, leading to death, illness, injury, and poor living conditions. According to the Orange County Sheriff’s Department Report of 2022 Orange County Homeless Deaths, 65 percent of deaths among people experiencing homelessness were caused by accidents, and the leading cause of accidental deaths is drug use with fentanyl. This is compared to 2019, when 46 percent of deaths among people experiencing homelessness were caused by accidents, and 2020, when 54 percent of deaths among people experiencing homelessness were caused by accidents, and 2021, when 59 percent of deaths among people experiencing homelessness were caused by accidents. Between 2021 and 2022, the number of deaths among people experiencing homelessness in Stanton has risen by 150 percent; and
WHEREAS, the displacement of the number of people living on the streets of the City today is a daily recurring emergency, constituting the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property in the City which are beyond the control of the services, personnel, equipment, and facilities of this city, and requires the combined forces of other political subdivisions to combat; and WHEREAS, notwithstanding the City’s continued commitment to addressing the homelessness crisis, including dedication of funding and investments into homelessness solutions, programs, and initiatives, an emergency declaration is necessary to mobilize resources, faster and with urgency, for the public health, welfare, and safety of all; and WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of housing units, use mutual aid, and seek assistance and potential reimbursement by the State and Federal governments will be critical to successfully responding to this homelessness crisis; and WHEREAS, during the pendency of the existence of a local emergency, the City Council shall retain its full authority to consider a variety of City ordinances to codify the measures necessary to address this homelessness crisis; and
WHEREAS, the benefits of this emergency declaration, coupled with past and future actions by the City Council to address the homelessness crisis, will help ensure that this local emergency will be of a temporary nature.

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

SECTION 1: That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2: The City Council finds this Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) in that the Resolution is not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the Resolution have the potential for causing a significant effect on the environment. Additionally, the City Council finds that the proposed Resolution is not a “project” under State CEQA Guidelines Section 15378(b)(5), which excludes the “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment,” as the Resolution is not anticipated to result in a direct or indirect physical change in the environment.

SECTION 3: Pursuant to California Government Code Section 8630 and Stanton Municipal Code sections 2.64.020 and 2.64.060(A)(1), the City Council hereby finds and proclaims the existence of a local emergency caused by conditions or threatened conditions of homelessness in Stanton, which, if not corrected, constitutes a threat to the safety of persons and property within the territorial limits of the City beyond the control of the services, personnel equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat.

SECTION 4: During the continued threatened existence and actual existence of the local emergency, the powers, functions and duties of the City Manager, as the Director of Emergency Services, the Assistant Director of Emergency Services, to be appointed by the Director, the Disaster Council of the City, and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council.

SECTION 5: The City Manager, as the Director of Emergency Services, is hereby authorized to furnish information, to enter into agreements, including, but not limited to, applications and agreements for grant funding, and to take all actions necessary to obtain emergency assistance from State and federal agencies to implement preventive measures to protect and preserve the City within the scope of the local emergency hereby declared, pursuant to the powers and duties prescribed under Chapter 2.64 of the Stanton Municipal Code. Pursuant to Section 2.64.090 of the Stanton Municipal Code, any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.

SECTION 6: City staff are hereby directed to provide the City Council with a report of actions taken under this Resolution at the next practicable opportunity, and no less than on a monthly basis.

SECTION 7: The City shall coordinate its efforts to address this proclaimed emergency with the other local jurisdictions, the County of Orange, the State of California, and the federal government.

SECTION 8: Executive Order N-1-24, signed by Governor Gavin Newsom on July 24, 2024, acknowledged the dire state of the homelessness crisis in California and directed resources to state agencies and departments to address encampments. The City Council requests the Governor to proclaim a "state of emergency" to combat homelessness and direct resources to support the efforts of major cities in the State of California to address the problem, in furtherance and consistent with Executive Order N-1-24.

SECTION 9: This Proclamation of Emergency shall sunset on December 31, 2025, subject to being renewed. The setting of a specific time frame allows for actions to be taken to make permanent, necessary structural changes. Pursuant to California Government Code Section 8630, the City Council shall, by minute action, review the need for continuing the local emergency at least once every 60 days until it terminates the local emergency.

SECTION 10: Pursuant to Government Code section 3100, in protection of the health and safety and preservation of the lives and property of the people from emergencies which result in conditions of extreme peril to life, property and resources, all public employees are hereby declared disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law.

SECTION 11: Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 12: Effective Date. This Resolution shall become effective immediately. The City clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED, AND ADOPTED this 26th day of November, 2024. __________________________
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
_____________________________________

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-40 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on November 26, 2024, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 26, 2025
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE STREETLIGHT

UPGRADES PROJECT
REPORT IN BRIEF:

On April 25, 2024, staff applied and successfully secured funding from the Energy Efficiency and Conservation Block Grant (EECBG) Program in the amount of $76,230.00 for street lighting upgrades. A total of three (3) quotes were received to furnish and install fifty-four (54) streetlight fixtures at various locations. Staff recommends a construction contract be awarded to Yunex, LLC, in the amount of $72,295.00.

RECOMMENDED ACTION:

2. Award a construction contract for the Streetlight Upgrades Project to Yunex, LLC, for the amount of $72,295; and

3. Authorize the City Manager to bind the City of Stanton and Yunex, LLC in a contract for the construction; and

4. Authorize the City Manager to approve contract changes orders, not to exceed $3,935; and

5. Appropriate a total of $76,230 from the Lighting Maintenance 1919 Act Fund (#224) and increase grant revenues in the same amount being appropriated; and

6. Accept the Efficiency and Conservation Block Grant (EECBG) Program in the amount of $76,230; and

7. Authorize the City Manager to amend the adopted FY 25/26 Capital Improvement Program to include the Streetlight Upgrades Project.

Item: 9I
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2 BACKGROUND:

Street lighting is essential for safety and visibility within the public right-of-way.

Advancements in technology have made lighting more sustainable and adaptable through the use of “smart” systems. As part of this evolution, the City has prioritized LED upgrades with features that allow adjustable lighting levels and real-time monitoring for quicker response to outages.

On April 25, 2024, staff applied and successfully secured funding from the EECBG Program from the U.S. Department of Energy in the amount of $76,230 for street lighting upgrades. Due to uncertainties surrounding potential reallocation of the awarded federal grant, and because coordination with grant administrators took longer than anticipated, staff has now successfully secured the grant funds. The application, document submittals, confirmations, and approvals are streamlined through the EECBG Program’s online portal.

This project includes upgrading fifty-four (54) streetlight fixtures on City-owned streetlights along Beach Boulevard and various other principal and collector arterial roadways.

Existing streetlights removed as part of the work will be salvaged and reused to replace or upgrade lighting at other locations throughout the City. In addition, staff is coordinating with Southern California Edison (SCE) to implement upgrades to SCE-owned streetlights along Beach Boulevard.

ANALYSIS/JUSTIFICATION:

City staff contacted several contractors to perform the work, and three (3) proposals were received and reviewed as follows:

Rank Company Amount
1 Yunex, LLC. $72,295.00
2 Bear Electrical Solutions $74,250.00
3 St. Francis Electric $86,050.77
Yunex, LLC has submitted the lowest responsive and responsible proposal to perform the work. Upon successful execution of the contract documents, the project is expected to begin construction in September 2025 weather permitting. The EECBG Program concurs with the City’s purchasing policy.

There is no matching requirement for this grant. Staff is recommending the City appropriate $76,230 in the Lighting Maintenance 1919 Act Fund (#224) for the Streetlight Upgrades Project. This appropriation will be funded by the EECBG Program grant funds.

The following table presents an estimated breakdown of total project costs:

Description Amount
Construction Contract $ 72,295
Contingency ~5% $ 3,935
Total $ 76,230
ENVIRONMENTAL IMPACT:

This project is categorically exempt under the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC GOALS:

Goal 1. Provide a safe community.

Goal 3. Provide quality infrastructure.

A. Project Contract
B. Construction Proposal - Yunex
STREETLIGHT UPGRADES PROJECT -1-

SHORT FORM CONSTRUCTION CONTRACT

CITY OF STANTON

SHORT FORM CONSTRUCTION CONTRACT

STREETLIGHT UPGRADES PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this ____ day of ____________, 2025 by and between the City of Stanton, a municipal corporation organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680 (“City”) and Yunex, LLC, with its principal place of business at 1026 East Lacy Avenue, Anaheim, CA 92805 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing services for site preparation and concrete infrastructure related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City.

2.3 Project. City desires to engage Contractor to render such services for the STREETLIGHT UPGRADES (“Project”) as set forth in this Contract.

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

3. TERMS

3.1 Compensation and Payment.

3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Seventy-Two Thousand Two-Hundred Ninety Five Dollars ($72,295.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

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

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

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

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

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

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

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

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

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

3.3 Contractor’s Basic Obligation; Scope of Work.

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

Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

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

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

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

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

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

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

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

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

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

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract within 35 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor.

Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Two Thousand Eight-Hundred Dollars ($2,800) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

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

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

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

3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

3.9 Labor.

3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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

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

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

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

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

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

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

3.10 Performance of Work; Jobsite Obligations.

3.10.1 Water Quality Management and Compliance.

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

3.10.1.2 Compliance with the Statewide Construction General Permit.

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

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

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

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

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

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

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

3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

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

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

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

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

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

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

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

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

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

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

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

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

3.12 Claims; Government Code Claim Compliance.

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

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

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

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

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

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

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

3.12.4.3 Chronology of events and correspondence

3.12.4.4 Analysis of claim merit

3.12.4.5 Analysis of claim cost, including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.12.10 Government Code Claim Procedures.

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

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

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

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

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

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

3.14 Indemnification.

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

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

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

3.15 Insurance.

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

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

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

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

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

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

3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

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

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

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

3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.

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

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

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

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

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

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

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

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

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

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

3.16 Bond Requirements.

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

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

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

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

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

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

3.18 Employee/Labor Certifications.

3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

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

3.20 General Provisions.

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

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

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

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

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

CONTRACTOR:

YUNEX, LLC
1026 EAST LACY AVENUE
ANAHEIM, CA 92805
ATTN: JOSHUA FERRAS
CITY:

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

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

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

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

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

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

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

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

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

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

3.20.15 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

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

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF STANTON

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

CITY OF STANTON
Approved:

By:

Hannah Shin-Heydorn
City Manager
ATTESTED:

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

YUNEX LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
STREETLIGHT UPGRADES PROJECT -25-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT A
EXHIBIT “A”

SERVICES / SCHEDULE
STREETLIGHT UPGRADES PROJECT -26-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT B
EXHIBIT “B”
PLANS
PER STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (“GREENBOOK”) STREETLIGHT UPGRADES PROJECT -27-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT C
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Payment Bond on the forms supplied by the City and included as Exhibit “E” to the Contract.

The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

STREETLIGHT UPGRADES PROJECT -28-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT D
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

YUNEX LLC
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
STREETLIGHT UPGRADES PROJECT -29-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
EXHIBIT “E”

PAYMENT BONDS
STREETLIGHT UPGRADES PROJECT -30-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E

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

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

SHORT FORM CONSTRUCTION CONTRACT

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

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

STREETLIGHT UPGRADES PROJECT -32-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT E
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

Page 1 of 1 ends

Yunex LLC
1026 E. Lacy Ave
Anaheim, CA 92805
714.284.0206
714.284.1150 Fax
https://yunextraffic.com
January 8, 2025
Elias Garcia
City of Stanton
7800 Katella Ave
Stanton, CA 90680
RE: Various Locations; Furnish and install new LEOTEK LED fixtures Dear Mr. Garcia:

Yunex Traffic is pleased to offer to perform the following work at the below listed price:

Upon your authorization, Yunex Traffic will furnish and install (42) Leotek LED GCL3-80J-MV-40K-3F-GY-355- PCR7-WL fixtures with (42) UBC-30-0-01-1-GY smart nodes with 10-year warranty. Yunex will also furnish and install (12) Leotek LED GCL2-80J-MV-40K-3F-GY-275-PCR7-WL fixtures with (12) UBC-30-0-01-1-GY smart nodes. The below listed price includes all labor, equipment, and material for the intended operation.

Item # Item Description Unit Quantity Unit Price Total Price 1 Furnish and install new GCL3-80J-MV-40K-3F-GY-355-
PCR7-WL Leotek Fixtures LS 1 $45,500.00 $45,500.00
2 Furnish and install new GCL2-80J-MV-40K-3F-GY-275-
PCR7-WL Leotek Fixtures LS 1 $12,000.00 $12,000.00
3 Furnish and install new UBC-30-0-01-1-GY smart nodes
with 10 year warranty LS 1 $14,795.00 $14,795.00
1 Total Bid $72,295.00
This proposal is an estimate, if unexpected problems arise, we will notify you before we proceed and a change order for the extra work will be provided. Additionally, the price listed above does not include any bonds, permits, fees, shift work, night work, holiday, or weekend work.

This offer shall expire 30 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment,or orders, contains all terms, conditions, and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided.

The foregoing offer is hereby accepted this _______ day of __________, 2025.

YUNEX LLC
Joshua Ferras City of Stanton
Joshua Ferras By:

Regional Manager Title:

Attachment: B
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1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 26, 2025
SUBJECT: REVIEW OF EXISTING MUNICIPAL CODE REGULATIONS RELATED

TO FENCING, WALLS, AND HEDGES IN COMMERCIAL ZONES
REPORT IN BRIEF:

At the January 14, 2025 City Council meeting, Council Member Barrios requested to agendize an item related to fencing regulations throughout commercial areas in the City.

20.310 Fences, Walls, and Hedges, and prepared a summary of existing fence regulations for Council review. This report also includes additional information regarding industry standard regulations for commercial fencing as well as potential alternatives and subsequent impacts.

RECOMMENDED ACTION:

1. City Council receive report on existing fence regulations, other municipal fence regulations, and potential security options; and

2. Provide direction to staff.

BACKGROUND:

The Stanton Municipal Code (SMC) regulates all land uses through Title 20 Zoning, which establishes development standards in each zone that are intended to reduce impacts between different uses.

Item: 12A
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2 Stanton Municipal Code
The Zoning Code has specific standards for fencing requirements as noted in Table 3-3 below, which is an excerpt of Stanton Municipal Code Section 20.310.030.A Location and Height Standards.

Table 3-3 Standards for Fences, Walls, and Hedges
Location - See
definition of Setback
Area in Article 7
(Definitions)
Maximum Height -
See definition of
abutting and
adjacent in Article
7 (Definitions)
Limitations (1), (2), (3) - See
Section 20.310.050 (Fence Types and
Materials Standards)
Commercial (CN, CG) and Mixed-Use Zones
Within Front Setback
Area
Up to 42 in Solid structures or plants
Outside Front Setback
Area
6 ft ● Open work structures or plants
● Combination of solid wall and wrought iron
● Solid, decorative masonry wall
Within Street-Side
Setback Area
Up to 30 in above
nearest street curb
elevation
Only solid or open fence/wall in Traffic Visibility
Area (Section 20.305.090)
Up to 54 in above
nearest street curb
elevation
Open fence and pilasters/columns, not obscuring
more than 25% of vision through the vertical
plane between 30 inches and 54 inches, if in
compliance with Section 20.310.050.F.

Outside Street Side
Setback Area
6 ft ● Solid masonry
● Solid to a height of 42 in with open wrought iron
above
● Open from ground
Within Rear and Interior
Side Setback Area
6 ft Any solid, open or combination fence/wall
Adjacent to Residential
Zones
8 ft Solid, decorative masonry wall
3 Chapter 20.310 of the Stanton Municipal Code provides the following regulations to establish the purpose and applicability of fencing regulations throughout the City:
§ 20.310.010 Purpose.

This Chapter provides regulations for the construction, design, approvals, and installations of any natural or artificial barrier of any material or combination of materials, erected to enclose or screen areas of land.
§ 20.310.020 Applicability.

A. Regulated fences/walls/hedges. The regulations in this Section apply to fences, walls, and hedges in all zones. For development in a Specific Plan (SP) zone or subject to a Planned Development Permit issued in compliance with Chapter

20.520 (Planned Development Permits), the height, location, and design of fences, walls, and hedges shall be determined by the specific plan development standards or the conditions of the planned development permit.

B. Exempt fences. The following fences shall not be subject to these regulations:

1. Fences required by State law to surround and enclose public utility installations; and

2. Chain-link fences enclosing public or private school grounds and playgrounds.

C. Nonconforming fences/walls. Legal nonconforming fences or walls shall comply with Chapter 20.620 (Nonconformities).

D. Illegal fences/walls. Illegal nonconforming fences and walls shall be subject to removal in compliance with Chapter 20.635 (Enforcement). § 20.310.030 Location and Height Standards.

A. Location and height standards. The location and height of fences, walls, and hedges shall be determined by the setback area for the zone in which the property is located as indicated in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Table 3-3 (Standards for Fences, Walls, and Hedges) indicates the allowed location and height of fences, walls, and hedges subject to the required setback area(s) of the applicable zone. See Figure 3-9 (Types of Fencing - Open and Solid) and Figure 3-10 (Fence, Wall, and Hedge Location and Height).

These regulations are applicable to all fences, walls, or hedges used as a barrier, in all zones. The location and height standards provision specifies that the allowed location and height of fences shall be determined by the required setback in each zone. The CG (Commercial General) zone requires a 5 ft. setback from front property lines. As shown in Table 3-3, any fence placed within the required front setback is limited to a maximum height of 42 inches (3 ft. 6 in.). A fence/wall/hedge placed outside of the setback is permitted at a maximum height of 6 ft.
4 ANALYSIS/JUSTIFICATION:

Development Standards in General
When reviewing development standards, it is important to understand the purpose they serve in shaping a community.

Cities establish development standards to provide:
• Consistency;
• Order;
• Safety; and
• Aesthetically pleasing communities and environments.

Development standards are developed by cities to thoughtfully and strategically shape the physical environment of each zone. Key objectives include:
• Ensuring compatibility of land uses;
• Preserving and maintaining neighborhood character;
• Promoting public health and safety;
• Supporting the orderly management of growth and development; • Protecting property values and community investment; and • Providing clarity and predictability for property owners, developers, and the public.

The balance between private interests and potential community impacts is a constant challenge that is navigated when applying existing zoning code development standards or proposing new amendments. Both public and private stakeholders are recognized as essential partners, whose collaboration shapes the future of development and supports the long-term vitality of the city.

General Development Standards for Fences
Development standards for fences are established to balance functionality, safety, and community character. They generally address the following considerations:
• Safety and Visibility
o Prevent interference with traffic sightlines
o Support access for emergency personnel and vehicles
o Allow for proper drainage and minimize runoff impacts • Pedestrian and Public Right-of-Way
o Prevent encroachment into the public right-of-way
o Ensure unobstructed pedestrian movement
o Encourage walkability by fostering a safe and welcoming streetscape • Aesthetic and Community Character
o Avoid creating a harsh or industrial appearance along public corridors o Provide opportunities for landscaping or greening within setback areas o Contribute to economic development efforts by enhancing the community’s visual appeal
5 Beach Boulevard
Stanton has two commercial zoning designations throughout the City, with Commercial General (CG) being the most common designation applied to commercial properties along Beach Boulevard, Katella Avenue, and Magnolia Avenue. As Council discussion on this topic focused specifically on Beach Boulevard in relation to fencing setbacks and height standards, the rest of this section will focus on Beach Boulevard.

As the City’s largest thoroughfare, Beach Boulevard carries a high volume of regional traffic and offers significant visibility for commercial properties. Given its role as a gateway corridor, aesthetics and an open streetscape environment are critical considerations when reviewing or updating regulations that affect building frontages and property facades.

Current standards require a five-foot setback along Beach Boulevard, which must be landscaped. This standard is intended to maintain an open and welcoming environment while providing an appropriate level of screening and transition between uses.

Considerations
While property owners have the right to secure their property, the broader community vision must also be considered to ensure that solutions to individual concerns do not undermine collective goals. The City’s existing code requirements for commercial fencing and setbacks are consistent with practices in many other communities, all designed to promote open, welcoming, and economically vibrant commercial centers.

Nonetheless, it is a good practice to periodically evaluate existing code regulations to determine if they are serving their intended purpose and are reflective of current community goals. In evaluating commercial fencing standards, the City should continue to seek a balance between addressing immediate property-owner needs and preserving the long-term progress and potential for growth that has been achieved through careful planning.

Stanton City Councils, past and present, have worked to promote vibrant, attractive commercial districts. Experience shows that tall fences and walls located at the property line, directly adjacent to sidewalks, often send the message that an area is unsafe or uninviting—discouraging potential visitors and investors. While vacant properties may face temporary challenges such as vandalism, vacancy should not be treated as a permanent condition or accommodated through permanent zoning changes. Instead, the zoning code can incorporate temporary measures and procedures that allow property owners to address short-term security concerns without sacrificing long-term community vitality.
6 Temporary Fencing
Under the California Building Code, temporary fencing is required as a safety measure to secure active construction sites from public access. Such fencing is permitted to remain in place only while a valid building permit is active and must be removed once the permit receives final approval.

A similar process could be adapted for vacant parcels with documented security concerns, allowing temporary fencing for a defined period of time. To ensure this tool addresses short-term needs without becoming a permanent fixture, the program would require:
• Clear eligibility criteria to identify properties with demonstrated need or specific vulnerabilities;
• Defined time limits for how long temporary fencing may remain in place; and • Enforcement mechanisms and penalties to ensure compliance and removal once the temporary allowance expires.

Potential criteria for such a program are outlined below for Council’s consideration.

Potential Temporary Security Fencing Regulations
• Eligibility
o One of the following:
 Commercial properties adjacent to a storm channel;
 Commercial properties adjacent to a railroad track; or  Commercial properties on Beach Blvd or Katella Ave
o AND
 Commercial properties that have experienced two or more incidents of documented vandalism (photographic evidence)
• Fence Material and Additional Provisions
o Allowed
 Wrought iron fence or tubular steel fence up to 6 ft
 Solid fence or block wall up to 42 inches (some visibility should be provided into the property as a deterrent to nuisance activity and vandalism)
o Prohibited
 Chain link fence, concertina wire
 Solid fence or block wall over 42 inches
o Sight visibility triangle must be maintained
 Fences must be setback from areas that intersect with drive approaches or streets so driver sightlines are not blocked • Application process
o Applications must be submitted prior to installation of fencing o Fee established by City Council Resolution
o Applicant must sign a notarized affidavit accepting conditions and timeframe
o Applicant must obtain a building permit prior to installation 7 • Time Period
o One year with one six-month extension if evidence is provided to show earnest efforts to occupy the vacant property
• Penalty
o At the end of time period extensions, or inability to show earnest efforts to occupy property, the property must be returned to a condition that complies with the standard fence and landscape requirements o If the temporary security fence is not removed, it shall be considered a violation of the Municipal Code
 After one week of noncompliance – Notice of Violation  After two weeks of noncompliance – $200
 After three weeks of noncompliance – $500
 After one month and each consecutive week – $1,000 +
designation as a public nuisance
Should the Council wish to proceed with adopting temporary security fencing regulations, staff will prepare the appropriate documents for review and public hearing by the Planning Commission. The Planning Commission will be required to find that the proposed regulations and review procedure are compliant with the City’s General Plan policies and goals. After the Planning Commission’s review at a public hearing, the amendments would be presented to the City Council for review and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

The proposed code review was determined to be Categorically Exempt from CEQA, per California Environmental Quality Act (CEQA) Guidelines, under Section 15061 (b)(3) which applies to projects that will not have a significant impact on the environment. This is a review of existing code regulations and potential direction to develop new regulations there are impacts from a review since no actions are taken at this time. 8 LEGAL REVIEW:

None.

STRATEGIC GOAL:

N/A
PUBLIC NOTIFICATION:

The notice was made public through the agenda-posting process.

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

A. Chapter 20.310 Walls, Fences, and Hedges
A.

1. 2.

City of Stanton, CA
Wednesday, August 20, 2025
Title 20. Zoning
Article 3. Standards for All Zones
Chapter 20.310. FENCES, WALLS, AND HEDGES
§ 20.310.010. Purpose.

Regulated fences/walls/hedges. The regulations in this Section apply to fences, walls, and hedges in all zones. For development in a Specific Plan (SP) zone or subject to a Planned Development Permit issued in compliance with Chapter 20.520 (Planned Development Permits), the height, location, and design of fences, walls, and hedges shall be determined by the specific plan development standards or the conditions of the planned development permit.

Exempt fences. The following fences shall not be subject to these regulations:

Fences required by State law to surround and enclose public utility installations; and Chain-link fences enclosing public or private school grounds and playgrounds.

Nonconforming fences/walls. Legal nonconforming fences or walls shall comply with Chapter 20.620 (Nonconformities).

Illegal fences/walls. Illegal nonconforming fences and walls shall be subject to removal in compliance with Chapter 20.635 (Enforcement). (Ord. 1017, 2013)
§ 20.310.030. Location and Height Standards.

Location and height standards. The location and height of fences, walls, and hedges shall be determined by the setback area for the zone in which the property is located as indicated in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Table 3-3 (Standards for Fences, Walls, and Hedges) indicates the allowed location and height of fences, walls, and hedges subject to the required setback area(s) of the applicable zone. See Figure 3-9 (Types of Fencing - Open and Solid) and Figure 3-10 (Fence, Wall, and Hedge Location and Height).

Examples of Open Fencing
Attachment: A
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Examples of Solid Fencing
Figure 3-9
Types of Fencing (Open and Solid)
Figure 3-10
Fence, Wall, and Hedge Location and Height
Table 3-3 Standards for Fences, Walls, and Hedges
Location - See definition of Setback Area in
Article 7 (Definitions)
Maximum Height - See definition of abutting
and adjacent in Article 7 (Definitions)
Limitations (1), (2), (3) - See Section 20.310.050 (Fence Types and Materials Standards)
All Zones
Traffic Visibility Area 30 in for solid fencing; 54 in for open fencing Section 20.305.100 Public utility electric distribution and transmission
substations
6 ft; 8 ft on side or rear not adjacent to a street Solid wall Sports facilities (ball fields and tennis courts) 12 ft Court fencing set back at least 5 ft from lot line Residential Zones (RE, RL, RM, RH)
Within Front Setback Area Up to 42 in Solid structures or plants

42.1 - 54 in Open fence, not obscuring more than 25% of vision through the vertical plane if in compliance with Section 20.310.050.F
Up to 60 in Privacy screen of either a solid fence/wall if in compliance with Section

20.310.050.G.

Outside Front Setback Area 6 ft ● Open work structures or plants ● Combination of solid wall and wrought iron
● Solid, decorative masonry wall
Within Street-Side Setback Area Up to 30 in above nearest street curb elevation Only solid or open fence/wall in Traffic Visibility Area (Section

20.305.090)
Up to 54 in above nearest street curb elevation Open fence and pilasters/columns, not obscuring more than 25% of vision through the vertical plane between 30 inches and 54 inches, if in compliance with Section 20.310.050.F.

Outside Street Side Setback Area 6 ft; 8 ft if adjacent to nonresidential zone ● Open work structures or plants ● Combination of solid wall and wrought iron
● Solid, decorative masonry wall
Within and Outside Rear and Interior Side
Setback Area
6 ft; 8 ft if RE and RL abutting RM, RH, public
right-of-way, or nonresidential zone
● Open work structures or plants
● Combination of solid wall and wrought iron
● Solid, decorative masonry wall
Commercial (CN, CG) and Mixed-Use Zones
Within Front Setback Area Up to 42 in Solid structures or plants Outside Front Setback Area 6 ft ● Open work structures or plants ● Combination of solid wall and wrought iron
● Solid, decorative masonry wall
Within Street-Side Setback Area Up to 30 in above nearest street curb elevation Only solid or open fence/wall in Traffic Visibility Area (Section

Outside Street Side Setback Area 6 ft ● Solid masonry
● Solid to a height of 42 in with open wrought iron above ● Open from ground
Within Rear and Interior Side Setback Area 6 ft Any solid, open or combination fence/wall Adjacent to Residential Zones 8 ft Solid, decorative masonry wall Industrial Zones (BP, IG)
Within Front Setback Area Up to 42 in ● Solid masonry
● Open work structures or plants
● Combination of solid wall and wrought iron

42.1 in - 6 ft Open fence, not obscuring more than 25% of vision through the vertical plane, with an allowance of pilaster/columns up to 6 ft, with a width no more than 2 ft, and separated a minimum of 12 ft
Outside Front Setback Area 8 ft ● Solid masonry
● Open work structures or plants
● Combination of solid wall and wrought iron
Street Side Setback Area 8 ft ● Solid masonry
● Open work structures or plants
● Combination of solid wall and wrought iron
Rear and Interior Side Setback Area 8 ft Any solid, open, or combination Adjacent to any Residential Zone 6 ft Solid, decorative masonry wall Open Space (OS) and Parks/Recreation (PR) Zones
Within Front, Street Side, Rear Setback Areas 42 in Within 20 ft of public right-of-way or as determined by Director Within Interior Side Setback Area and Outside
Front, Street Side, Rear Setback Areas
8 ft ● Solid masonry
● Open from ground
● Solid with wrought iron above
Public Institution (PI) Zone
Within Front Setback Area Up to 42 in ● Solid masonry
● Open work structures or plants
● Combination of solid wall and wrought iron

1. 2.

3. C.

1. 2.

3. 4.

1. Table 3-3 Standards for Fences, Walls, and Hedges
Location - See definition of Setback Area in
Article 7 (Definitions)
Maximum Height - See definition of abutting
and adjacent in Article 7 (Definitions)
Limitations (1), (2), (3) - See Section 20.310.050 (Fence Types and Materials Standards)
● Open work structures or plants
● Combination of solid wall and wrought iron
Rear and Interior Side Setback Area 8 ft Any solid, open, or combination Notes:
(1) Limitations shall not apply in the following circumstances:
a. Where a greater height is required by any other provision of this Zoning Code. b. Where a greater height or type of fence, wall or hedge is required by condition of approval. (2) Fences or walls in zones not specifically listed shall be reviewed by the Director based upon the use characteristics of the lot. (3) A retaining wall less than 30 inches in height above finished grade may be located anywhere within a setback area. (Ord. 1017, 2013; Ord. 1034 § 2, 2015)
§ 20.310.040. Height Measurement.

Flat elevation. Fence height shall be measured as the vertical distance between the highest finished grade of the ground abutting either side of the fence and the top edge of the fence material. Adjacent grades shall not be artificially elevated in order to allow for a fence or wall that is higher than the allowable maximum height.

Sloping elevation or with retaining walls. For fences on sloping ground or on retaining walls, solid fence height of six feet may be allowed as measured from the up-slope property so long as a total height, inclusive of any retaining wall, does not exceed 10 feet as measured from the down-slope property. See Figure 3-11 (Maximum Height of Combined Fence and Retaining Wall).

Figure 3-11
Maximum Height of Combined Fence and Retaining Wall
(Ord. 1017, 2013)
§ 20.310.050. Fence Types and Materials Standards.

Prohibited materials. The use of barbed wire, electrified fence, or razor wire in conjunction with any fence, wall, roof, hedge, or by itself within any zone is prohibited, with the exception of barbed wire and/or razor wire in the General Industrial (IG) zone, unless required by any State or Federal law or regulation.

Barbed wire in IG Zone. The use of barbed wire and/or razor wire in the General Industrial (IG) zone may be allowed subject to the following conditions:

Barbed wire and/or razor wire shall not be used on fences or walls with a height of less than six feet as measured from the nearest ground level.

Barbed wire and/or razor wire may be installed or strung either horizontally in independent lines with established spreaders, or coiled or crossed. Horizontally-strung, coiled or crossed barbed wire and/or razor wire may be allowed only on interior side, rear, or front lot lines, except on lot lines readily visible from Beach Boulevard, Western Avenue, Dale Avenue, Orangewood Avenue, Katella Avenue, or Cerritos Avenue. For lot lines readily visible from any streets other than those indicated, horizontally-strung barbed wire and/or razor wire may be allowed and may be subject to screening requirements.

The Director shall approve the use of barbed wire and/or razor wire, the location, and the manner of installation before actual installation.

Chain link fencing in commercial and industrial zones.

Chain link fencing is allowed in all commercial and industrial zones only on interior side and rear lot lines if the fencing is not readily visible from a public right-of-way.

Chain link fencing with neutral colored slats may be used for outdoor storage areas in the General Industrial (IG) zone where not visible from, or adjacent to, a public right-of-way.

Landscape plantings of sufficient density and height for immediate screening shall be installed to screen the fence from public view.

Six-foot high chain link fencing is allowed at all lot lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public right-of-way at the time of development or occupancy.

Parking lot wall enclosure requirements. See Chapter 20.320 (Off-Street Parking and Loading Standards).

Retaining walls. Where a retaining wall protects a cut below the natural or finished grade, and is located on the line separating lots, the retaining wall may be topped by a fence, wall, or hedge of the same height that otherwise would be permitted at the location if no retaining wall existed.

Where a retaining wall contains a fill or cut abutting a public right-of-way, the height of the retaining wall to retain the fill or cut should be considered as contributing to the allowable height of a fence, wall, or hedge; provided that a protective wall or fence not more than 42 inches in height may be erected at the top of a retaining wall, and any portion of the fence above the six-foot maximum height shall be an open-work fence.

2. F.

1. 2.

3. 4.

5. 6.

1. 2.

3. 4.

1. 2.

An open work fence shall mean a fence in which the component of solid portions are evenly distributed and constitute not more than 25 percent of the total surface area of the face of the fence, provided further, that the fence, wall, or hedge shall not be erected or maintained so that it obstructs the Traffic Visibility Area described in Section 20.305.100.

Pilasters. Pilasters or columns up to 54 inches in height may be allowed under the following circumstances:

No more than two feet in width and spaced no less than every 12 feet apart from inside to inside of each.

Open-fence between pilasters/columns may be between 30.1 inches to 54 inches in height and shall not obscure more than 25 percent of vision.

Ornamental features or lights on gate pilasters shall not exceed 12 inches above the maximum allowable height of the pilaster or the height determined by the Design Review Committee.

Broken glass, barbed wire, and other sharp objects are not permitted on top of pilasters.

Fence conforms to the colors and materials that are compatible with the property and neighborhood.

Barbed wire, chain link, stakes, sharp edges, and electrical fences are prohibited.

Privacy screen. A privacy screen up to 60 inches in height may be allowed under the following circumstances:

Height of the privacy screen is taken from the highest point of the wall.

It is set back at least 10 feet back from the front lot line.

The privacy screen can be a solid fence/wall provided that the colors and materials are compatible with the property and neighborhood.

Barbed wire, chain link, stakes, sharp edges, broken glass, and electrical fencing are prohibited anywhere on a privacy screen.

Open fencing. Open fencing shall mean fencing with over 75 percent of the surface area between 30.1 inches from the ground level and the top of the fence is open for free passage of light and air and through which the area behind the fence is visible to public view. See Figure 3-9 (Types of Fencing - Open and Solid).

Solid fencing. Solid fencing shall mean fencing with 50 percent or less of the surface area open for free passage of light and air and designed to conceal the area behind the fence from public view. See Figure 3-9 (Types of Fencing - Open and Solid).

Masonry walls. Solid masonry block walls shall not be less than six inches in width. (Ord. 1017, 2013)
§ 20.310.060. Fence Permit and Review Procedures.

Department review and approval required.

Any person proposing to install a new wall or fence or to replace or repair an existing wall or fence shall submit copies of the plans and details to the Director for review and approval. The submittal package shall include a plot plan drawn to scale, reflecting lot lines, adjacent public rights-of-way, driveways and existing buildings and structures. A dimensional detail of the proposed fence or wall shall also be provided reflecting the proposed materials and proposed height from existing and finished grade.

The Director shall approve the proposed fence or wall only if it is found to be in compliance with the applicable provisions of this Chapter. Replacement walls and fences shall meet current standards.

Building Permit required. A fence or wall shall be installed or constructed only following the issuance of a Building Permit. (Ord. 1017, 2013)
City Council Initiated
Item 15D
“DISCUSSION REGARDING RENTER’S
RIGHTS”
(This item does not contain a staff report)
Item: 15D
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Stanton City CouncilAugust 26, 2025

Stanton City Council
August 26, 2025